[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1512 Engrossed in House (EH)]
<DOC>
H. Res. 1512
In the House of Representatives, U. S.,
December 8, 2022.
Resolved, That upon the adoption of this resolution the House shall be
considered to have taken from the Speaker's table the bill, H.R. 7776, with the
Senate amendment thereto, and to have concurred in the Senate amendment with the
following amendment:
In lieu of the matter proposed to be inserted by the amendment of
the Senate to the text of the bill, insert the following:
SECTION 1. SHORT TITLE.
(a) In General.--This Act may be cited as the ``James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023''.
(b) References.--Any reference in this or any other Act to the ``National
Defense Authorization Act for Fiscal Year 2023'' shall be deemed to be a
reference to the ``James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into 11 divisions as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(5) Division E--Non-Department of Defense Matters.
(6) Division F--Intelligence Authorization Act for Fiscal Year 2023.
(7) Division G--Homeland Security.
(8) Division H--Water Resources.
(9) Division I--Department of State Authorizations.
(10) Division J--Oceans and Atmosphere.
(11) Division K--Don Young Coast Guard Authorization Act of 2022.
(b) Table of Contents.--The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
Sec. 5. Explanatory statement.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Limitations on production of Extended Range Cannon Artillery
howitzers.
Subtitle C--Navy Programs
Sec. 121. Requirements relating to EA-18G aircraft of the Navy.
Sec. 122. Navy shipbuilding workforce development special incentive.
Sec. 123. Extension of prohibition on availability of funds for Navy
port waterborne security barriers.
Sec. 124. Limitation on authority to modify capabilities and fleet
configuration of E-6B aircraft.
Sec. 125. Multiyear procurement authority for Arleigh Burke class
destroyers.
Sec. 126. Procurement authority for Ship-to-Shore Connector program.
Sec. 127. Procurement authority for CH-53K heavy lift helicopter
program.
Sec. 128. Procurement authorities for John Lewis-class fleet
replenishment oiler ships.
Sec. 129. Procurement authorities for certain amphibious shipbuilding
programs.
Sec. 130. Contracts for design and construction of the DDG(X) destroyer
program.
Sec. 131. Tomahawk and Standard Missile-6 capability on FFG-62 class
vessels.
Sec. 132. Report on advance procurement for CVN-82 and CVN-83.
Sec. 133. Quarterly briefings on the CH-53K King Stallion helicopter
program.
Subtitle D--Air Force Programs
Sec. 141. Modification of inventory requirements for aircraft of the
combat air forces.
Sec. 142. Inventory and other requirements relating to air refueling
tanker aircraft.
Sec. 143. Requirements relating to F-22 aircraft.
Sec. 144. Modification of exception to prohibition on certain
reductions to B-1 bomber aircraft
squadrons.
Sec. 145. Repeal of Air Force E-8C force presentation requirement.
Sec. 146. Minimum inventory of C-130 aircraft.
Sec. 147. Prohibition on availability of funds for retirement of C-40
aircraft.
Sec. 148. Prohibition on availability of funds for termination of
production lines for HH-60W aircraft.
Sec. 149. Prohibition on certain reductions to inventory of E-3
airborne warning and control system
aircraft.
Sec. 150. Limitation on divestment of F-15 aircraft.
Sec. 151. Authority to procure upgraded ejection seats for certain T-
38A aircraft.
Sec. 152. Procurement authority for digital mission operations platform
for the Space Force.
Sec. 153. Digital transformation commercial software acquisition.
Sec. 154. Requirements study and strategy for the combat search and
rescue mission of the Air Force.
Sec. 155. Plan for transfer of KC-135 aircraft to the Air National
Guard.
Sec. 156. Annual reports on T-7A Advanced Pilot Training System.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 161. Increase in Air Force and Navy use of used commercial dual-
use parts in certain aircraft and engines.
Sec. 162. Assessment and strategy for fielding capabilities to counter
threats posed by unmanned aerial system
swarms.
Sec. 163. Assessment and report on military rotary wing aircraft
industrial base.
Sec. 164. Comptroller General audit of efforts to modernize the
propulsion, power, and thermal management
systems of F-35 aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of cooperative research and development project
authority.
Sec. 212. Clarification of role of senior official with principal
responsibility for artificial intelligence
and machine learning.
Sec. 213. Inclusion of Office of Under Secretary of Defense for
Research and Engineering in personnel
management authority to attract experts in
science and engineering.
Sec. 214. Modification of limitation on cancellation of designation of
Executive Agent for a certain Defense
Production Act program.
Sec. 215. Support for research and development of bioindustrial
manufacturing processes.
Sec. 216. Air-breathing and rocket booster testing capacity upgrades to
support critical hypersonic weapons
development.
Sec. 217. Competitively awarded demonstrations and tests of
electromagnetic warfare technology.
Sec. 218. Administration of the Advanced Sensor Applications Program.
Sec. 219. Quantifiable assurance capability for security of
microelectronics.
Sec. 220. Government-Industry-Academia Working Group on
Microelectronics.
Sec. 221. Target date for deployment of 5G wireless broadband
infrastructure at all military
installations.
Sec. 222. Outreach to historically Black colleges and universities and
other minority-serving institutions
regarding National Security Innovation
Network programs that promote
entrepreneurship and innovation at
institutions of higher education.
Sec. 223. Report and pilot program based on recommendations regarding
defense research capacity at historically
Black colleges and universities and other
minority-serving institutions.
Sec. 224. Pilot program to support the development of patentable
inventions in the Department of the Navy.
Sec. 225. Pilot program to facilitate the development of battery
technologies for warfighters.
Subtitle C--Plans, Reports, and Other Matters
Sec. 231. Modification to annual reports of the Director of Operational
Test and Evaluation.
Sec. 232. Extension of requirement for quarterly briefings on strategy
for fifth generation information and
communications technologies.
Sec. 233. Plan for investments to support the development of novel
processing approaches for defense
applications.
Sec. 234. Plans to accelerate the transition to 5G information and
communications technology within the
military departments.
Sec. 235. Plan for Defense Advanced Research Projects Agency Innovation
Fellowship Program.
Sec. 236. Strategy and plan for fostering and strengthening the defense
innovation ecosystem.
Sec. 237. Assessment and strategy relating to hypersonic testing
capacity of the Department of Defense.
Sec. 238. Annual report on studies and reports of federally funded
research and development centers.
Sec. 239. Report on recommendations from Army Futures Command Research
Program Realignment Study.
Sec. 240. Report on potential for increased utilization of the
Electronic Proving Grounds testing range.
Sec. 241. Study on costs associated with underperforming software and
information technology.
Sec. 242. Study and report on sufficiency of operational test and
evaluation resources supporting certain
major defense acquisition programs.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Center for Excellence in Environmental Security.
Sec. 312. Participation in pollutant banks and water quality trading.
Sec. 313. Consideration under Defense Environmental Restoration Program
for State-owned facilities of the National
Guard with proven exposure of hazardous
substances and waste.
Sec. 314. Renewal of annual environmental and energy reports of
Department of Defense.
Sec. 315. Aggregation of energy conservation measures and funding.
Sec. 316. Additional special considerations for energy performance
goals and energy performance master plan.
Sec. 317. Purchase or lease of electric, zero emission, advanced-
biofuel-powered, or hydrogen-powered
vehicles for the Department of Defense.
Sec. 318. Clarification and requirement for Department of Defense
relating to renewable biomass and biogas.
Sec. 319. Programs of military departments on reduction of fuel
reliance and promotion of energy-aware
behaviors.
Sec. 320. Establishment of joint working group to determine joint
requirements for future operational energy
needs of Department of Defense.
Sec. 321. Amendment to budgeting of Department of Defense relating to
extreme weather.
Sec. 322. Prototype and demonstration projects for energy resilience at
certain military installations.
Sec. 323. Pilot program for development of electric vehicle charging
solutions to mitigate grid stress.
Sec. 324. Pilot program on use of sustainable aviation fuel.
Sec. 325. Policy to increase disposition of spent advanced batteries
through recycling.
Sec. 326. Guidance and target goal relating to formerly used defense
sites programs.
Sec. 327. Analysis and plan for addressing heat island effect on
military installations.
Sec. 328. Limitation on replacement of non-tactical vehicle fleet of
Department of Defense with electric
vehicles, advanced-biofuel-powered
vehicles, or hydrogen-powered vehicles.
Subtitle C--Red Hill Bulk Fuel Storage Facility
Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility.
Sec. 332. Authorization of closure of underground storage tank system
at Red Hill Bulk Fuel Storage Facility.
Sec. 333. Report on bulk fuel requirements applicable to United States
Indo-Pacific Command.
Sec. 334. Placement of sentinel or monitoring wells in proximity to Red
Hill Bulk Fuel Storage Facility.
Sec. 335. Studies relating to water needs of the Armed Forces on Oahu.
Sec. 336. Study on alternative uses for Red Hill Bulk Fuel Storage
Facility.
Sec. 337. Briefing on Department of Defense efforts to track health
implications of fuel leaks at Red Hill Bulk
Fuel Storage Facility.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 341. Department of Defense research relating to perfluoroalkyl or
polyfluoroalkyl substances.
Sec. 342. Increase of transfer authority for funding of study and
assessment on health implications of per-
and polyfluoroalkyl substances
contamination in drinking water by Agency
for Toxic Substances and Disease Registry.
Sec. 343. Prizes for development of non-PFAS-containing turnout gear.
Sec. 344. Modification of limitation on disclosure of results of
testing for perfluoroalkyl or
polyfluoroalkyl substances on private
property.
Sec. 345. Restriction on procurement or purchasing by Department of
Defense of turnout gear for firefighters
containing perfluoroalkyl substances or
polyfluoroalkyl substances.
Sec. 346. Annual report on PFAS contamination at certain military
installations from sources other than
aqueous film-forming foam.
Sec. 347. Report on critical PFAS uses; briefings on Department of
Defense procurement of certain items
containing PFOS or PFOA.
Subtitle E--Logistics and Sustainment
Sec. 351. Resources required for achieving materiel readiness metrics
and objectives for major defense
acquisition programs.
Sec. 352. Annual plan for maintenance and modernization of naval
vessels.
Sec. 353. Inclusion of information regarding joint medical estimates in
readiness reports.
Sec. 354. Inapplicability of advance billing dollar limitation for
relief efforts following major disasters or
emergencies.
Sec. 355. Repeal of Comptroller General review on time limitations on
duration of public-private competitions.
Sec. 356. Implementation of Comptroller General recommendations
regarding Shipyard Infrastructure
Optimization Plan of the Navy.
Sec. 357. Limitation on availability of funds for military information
support operations.
Sec. 358. Notification of modification to policy regarding retention
rates for Navy ship repair contracts.
Sec. 359. Research and analysis on capacity of private shipyards in
United States and effect of those shipyards
on Naval fleet readiness.
Sec. 360. Independent study relating to fuel distribution logistics
across United States Indo-Pacific Command.
Sec. 361. Quarterly briefings on expenditures for establishment of fuel
distribution points in United States Indo-
Pacific Command area of responsibility.
Subtitle F--Matters Relating to Depots and Ammunition Production
Facilities
Sec. 371. Budgeting for depot and ammunition production facility
maintenance and repair: annual report.
Sec. 372. Extension of authorization of depot working capital funds for
unspecified minor military construction.
Sec. 373. Five-year plans for improvements to depot and ammunition
production facility infrastructure.
Sec. 374. Modification to minimum capital investment for certain
depots.
Sec. 375. Continuation of requirement for biennial report on core
depot-level maintenance and repair.
Sec. 376. Continuation of requirement for annual report on funds
expended for performance of depot-level
maintenance and repair workloads.
Sec. 377. Clarification of calculation for certain workload carryover
of Department of the Army.
Subtitle G--Other Matters
Sec. 381. Annual reports by Deputy Secretary of Defense on activities
of Joint Safety Council.
Sec. 382. Accountability for Department of Defense contractors using
military working dogs.
Sec. 383. Membership of Coast Guard on Joint Safety Council.
Sec. 384. Inclusion in report on unfunded priorities National Guard
responsibilities in connection with natural
and man-made disasters.
Sec. 385. Support for training of National Guard personnel on wildfire
prevention and response.
Sec. 386. Interagency collaboration and extension of pilot program on
military working dogs and explosives
detection.
Sec. 387. Amendment to the Sikes Act.
Sec. 388. National standards for Federal fire protection at military
installations.
Sec. 389. Pilot programs for tactical vehicle safety data collection.
Sec. 390. Requirements relating to reduction of out-of-pocket costs of
members of the Armed Forces for uniform
items.
Sec. 391. Implementation of recommendations relating to animal facility
sanitation and plan for housing and care of
horses.
Sec. 392. Continued designation of Secretary of the Navy as executive
agent for Naval Small Craft Instruction and
Technical Training School.
Sec. 393. Prohibition on use of funds for retirement of legacy maritime
mine countermeasures platforms.
TITLE IV--MILITARY PERSONNEL AUTHORIZATION
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. End strength level matters.
Sec. 403. Additional authority to vary Space Force end strength.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authorized strengths for Space Force officers on active duty
in grades of major, lieutenant colonel, and
colonel.
Sec. 502. Distribution of commissioned officers on active duty in
general officer and flag officer grades.
Sec. 503. Redistribution of Naval officers serving on active duty in
the grades of O-8 and O-9.
Sec. 504. Authorized strength after December 31, 2022: general officers
and flag officers on active duty.
Sec. 505. Extension of grade retention for certain officers awaiting
retirement.
Sec. 506. Exclusion of officers serving as lead special trial counsel
from limitations on authorized strengths
for general and flag officers.
Sec. 507. Constructive service credit for certain officers of the Armed
Forces.
Sec. 508. Improvements to the selection of warrant officers in the
military departments for promotion.
Sec. 509. Advice and consent requirement for waivers of mandatory
retirement for Superintendents of military
service academies.
Sec. 509A. Modification of reports on Air Force personnel performing
duties of a Nuclear and Missile Operations
Officer (13N).
Sec. 509B. Assessments of staffing in the Office of the Secretary of
Defense and other Department of Defense
headquarters offices.
Sec. 509C. GAO review of certain officer performance evaluations.
Sec. 509D. Study of chaplains.
Subtitle B--Reserve Component Management
Sec. 511. Inclusion of additional information on the Senior Reserve
Officers' Training Corps in reports
accompanying the national defense strategy.
Sec. 512. Expansion of eligibility to serve as an instructor in the
Junior Reserve Officers' Training Corps.
Sec. 513. Backdating of effective date of rank for reserve officers in
the National Guard due to undue delays in
Federal recognition.
Sec. 514. Inspections of the National Guard.
Sec. 515. Authority to waive requirement that performance of Active
Guard and Reserve duty at the request of a
Governor may not interfere with certain
duties.
Sec. 516. Continued National Guard support for FireGuard program.
Sec. 517. Enhancement of National Guard Youth Challenge Program.
Sec. 518. Notice to Congress before certain actions regarding units of
certain reserve components.
Sec. 519. Independent study on Federal recognition of National Guard
officers.
Sec. 519A. Review and update of report on geographic dispersion of
Junior Reserve Officers' Training Corps.
Sec. 519B. Briefing on duties of the Army Interagency Training and
Education Center.
Subtitle C--General Service Authorities and Military Records
Sec. 521. Consideration of adverse information by special selection
review boards.
Sec. 522. Expansion of eligibility for direct acceptance of gifts by
members of the Armed Forces and Department
of Defense and Coast Guard employees and
their families.
Sec. 523. Limitation of extension of period of active duty for a member
who accepts a fellowship, scholarship, or
grant.
Sec. 524. Expansion of mandatory characterizations of administrative
discharges of certain members on the basis
of failure to receive COVID-19 vaccine.
Sec. 525. Rescission of COVID-19 vaccination mandate.
Sec. 526. Temporary exemption from end strength grade restrictions for
the Space Force.
Sec. 527. Notification to next of kin upon the death of a member of the
Armed Forces: study; update; training;
report.
Sec. 528. Gender-neutral fitness physical readiness standards for
military occupational specialties of the
Army.
Sec. 529. Recurring report regarding COVID-19 mandate.
Sec. 530. Sense of Congress regarding women involuntarily separated
from the Armed Forces due to pregnancy or
parenthood.
Subtitle D--Recruitment and Retention
Sec. 531. Treatment of personally identifiable information regarding
prospective recruits.
Sec. 532. Revival and extension of temporary authority for targeted
recruitment incentives.
Sec. 533. Report on recruiting efforts of certain Armed Forces.
Sec. 534. Review of marketing and recruiting of the Department of
Defense.
Sec. 535. Report on Department of Defense recruitment advertising to
racial and ethnic minority communities.
Sec. 536. Improving oversight of military recruitment practices in
public secondary schools.
Sec. 537. Best practices for the retention of certain female members of
the Armed Forces.
Sec. 538. Review of certain personnel policies of special operations
forces.
Sec. 539. Support for members who perform duties regarding remotely
piloted aircraft: study; report.
Sec. 539A. Retention and recruitment of members of the Army who
specialize in air and missile defense
systems.
Subtitle E--Military Justice and Other Legal Matters
Sec. 541. Matters in connection with special trial counsel.
Sec. 542. Technical corrections relating to special trial counsel.
Sec. 543. Randomization of court-martial panels.
Sec. 544. Jurisdiction of Courts of Criminal Appeals.
Sec. 545. Special trial counsel of the Department of the Air Force.
Sec. 546. Independent investigation of sexual harassment.
Sec. 547. Primary prevention research agenda and workforce.
Sec. 548. Limitation on availability of funds for relocation of Army
CID special agent training course.
Sec. 549. Review of titling and indexing practices of the Army and
certain other organizations.
Sec. 549A. Briefing and report on resourcing required for
implementation of military justice reform.
Sec. 549B. Report on sharing information with counsel for victims of
offenses under the Uniform Code of Military
Justice.
Sec. 549C. Dissemination of civilian legal services information.
Subtitle F--Member Education
Sec. 551. Authorization of certain support for military service academy
foundations.
Sec. 552. Individuals from the District of Columbia who may be
considered for appointment to military
service academies.
Sec. 553. Agreement by a cadet or midshipman to play professional sport
constitutes a breach of agreement to serve
as an officer.
Sec. 554. Naval Postgraduate School and United States Air Force
Institute of Technology: terms of Provosts
and Chief Academic Officers.
Sec. 555. Naval Postgraduate School: attendance by enlisted members.
Sec. 556. Modification of annual report on demographics of military
service academy applicants.
Sec. 557. Study and report on professional military education.
Sec. 558. Report on treatment of China in curricula of professional
military education.
Subtitle G--Member Training and Transition
Sec. 561. Codification of Skillbridge program.
Sec. 562. Pilot program on remote personnel processing in the Army.
Sec. 563. Annual report on members separating from active duty who file
claims for disability benefits.
Sec. 564. Female members of certain Armed Forces and civilian employees
of the Department of Defense in STEM.
Subtitle H--Military Family Readiness and Dependents' Education
Sec. 571. Clarification and expansion of authorization of support for
chaplain-led programs for members of the
Armed Forces.
Sec. 572. Pilot program to expand eligibility for enrollment at
domestic dependent elementary and secondary
schools: extension; report.
Sec. 573. Commercial air waiver for next of kin regarding
transportation of remains of casualties.
Sec. 574. Certain assistance to local educational agencies that benefit
dependents of military and civilian
personnel.
Sec. 575. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces
with enrollment changes due to base
closures, force structure changes, or force
relocations.
Sec. 576. Pilot program on hiring of special needs inclusion
coordinators for Department of Defense
child development centers.
Sec. 577. Promotion of certain child care assistance.
Sec. 578. Industry roundtable on military spouse hiring.
Sec. 579. Recommendations for the improvement of the Military
Interstate Children's Compact.
Sec. 579A. Feasibility of inclusion of au pairs in pilot program to
provide financial assistance to members of
the Armed Forces for in-home child care.
Sec. 579B. Briefing on policies regarding single parents serving as
members of the Armed Forces.
Sec. 579C. Public reporting on certain military child care programs.
Sec. 579D. Briefing on verification of eligible federally connected
children for purposes of Federal impact aid
programs.
Sec. 579E. Sense of Congress on rights of parents of children attending
schools operated by the Department of
Defense Education Activity.
Subtitle I--Decorations, Awards, and Other Honors
Sec. 581. Clarification of procedure for boards for the correction of
military records to review determinations
regarding certain decorations.
Sec. 582. Authorizations for certain awards.
Sec. 583. Posthumous appointment of Ulysses S. Grant to grade of
General of the Armies of the United States.
Sec. 584. Enhanced information related to awarding of the Purple Heart.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Report on non-citizen members of the Armed Forces.
Sec. 592. Notification on manning of afloat naval forces:
modifications; codification.
Sec. 593. Clarification of authority of NCMAF to update Chaplains Hill
at Arlington National Cemetery.
Sec. 594. Disinterment of remains of Andrew Chabrol from Arlington
National Cemetery.
Sec. 595. Pilot program on safe storage of personally owned firearms.
Sec. 596. Pilot program on car sharing on remote or isolated military
installations.
Sec. 597. Briefing on the effects of economic inflation on members of
the Armed Forces.
Sec. 598. Study on improvement of access to voting for members of the
Armed Forces overseas.
Sec. 599. Report on incidence of military suicides by military job
code.
Sec. 599A. Report on efforts to prevent and respond to deaths by
suicide in the Navy.
Sec. 599B. Report on officer personnel management and the development
of the professional military ethic of the
Space Force.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Bonus and Incentive Pays
Sec. 601. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 602. Increase to maximum amounts of certain bonus and special pay
authorities.
Sec. 603. Cold weather duty: authorization of assignment or special
duty pay; travel allowance for members of
the Armed Forces assigned to Alaska.
Sec. 604. Air Force rated officer retention demonstration program.
Subtitle B--Allowances Other Than Travel and Transportation Allowances
Sec. 611. Increases in maximum allowable income for purposes of
eligibility for basic needs allowance.
Sec. 612. Extension of authority to temporarily adjust basic allowance
for housing in certain areas.
Sec. 613. Temporary continuation of rate of basic allowance for housing
for members of the Armed Forces whose sole
dependent dies while residing with the
member.
Sec. 614. Basic allowance for housing for members without dependents
when home port change would financially
disadvantage member.
Sec. 615. Revival and redesignation of provision establishing benefits
for certain members assigned to the Defense
Intelligence Agency.
Sec. 616. Extension of one-time uniform allowance for officers who
transfer to the Space Force.
Sec. 617. OCONUS cost of living allowance: adjustments; notice to
certain congressional committees.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Allowable travel and transportation allowances: complex
overhaul.
Sec. 622. Expansion of authority to reimburse a member of the uniformed
services for spousal business costs arising
from a permanent change of station.
Sec. 623. Extension of authority to reimburse members for spouse
relicensing costs pursuant to a permanent
change of station.
Sec. 624. Reimbursement of a member of the uniformed services for costs
to relocate a pet that arise from a
permanent change of station.
Sec. 625. Travel and transportation allowances for certain members of
the Armed Forces who attend a professional
military education institution or training
classes.
Sec. 626. Conforming amendments to update references to travel and
transportation authorities.
Sec. 627. Pilot program to reimburse members of the Armed Forces for
certain child care costs incident to a
permanent change of station or assignment.
Subtitle D--Leave
Sec. 631. Technical amendments to leave entitlement and accumulation.
Sec. 632. Modification of authority to allow members of the Armed
Forces to accumulate leave in excess of 60
days.
Sec. 633. Convalescent leave for a member of the Armed Forces.
Subtitle E--Family and Survivor Benefits
Sec. 641. Claims relating to the return of personal effects of a
deceased member of the Armed Forces.
Sec. 642. Extension of parent fee discount to child care employees.
Sec. 643. Survivor Benefit Plan open season.
Sec. 644. Military installations with limited child care: briefing.
Sec. 645. Food insecurity among military families: data collection;
training; report.
Subtitle F--Defense Resale Matters
Sec. 651. Prohibition of the sale of certain goods from the Xinjiang
Uyghur Autonomous Region in commissaries
and exchanges.
Subtitle G--Miscellaneous Studies, Briefings and Reports
Sec. 661. Study on basic pay.
Sec. 662. Report on accuracy of basic allowance for housing.
Sec. 663. Review of dislocation and relocation allowances.
Sec. 664. Complex overhaul pay: briefing.
Sec. 665. Studies on compensation for DOD child care providers.
Sec. 666. Barriers to home ownership for members of the Armed Forces:
study; report.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Improvements to TRICARE dental program.
Sec. 702. Health benefits for members of the National Guard following
required training or other duty to respond
to a national emergency.
Sec. 703. Improvement of referrals for specialty care under TRICARE
Prime during permanent changes of station.
Sec. 704. Confidentiality requirements for mental health care services
for members of the Armed Forces.
Sec. 705. Audit of behavioral health care network providers listed in
TRICARE directory.
Sec. 706. Independent analysis of quality and patient safety review
process under direct care component of
TRICARE program.
Sec. 707. Study on providing benefits under TRICARE Reserve Select and
TRICARE dental program to members of the
Selected Reserve and dependents thereof.
Sec. 708. GAO study on certain contracts relating to TRICARE program
and oversight of such contracts.
Sec. 709. GAO study on coverage of mental health services under TRICARE
program and relationship to certain mental
health parity laws.
Subtitle B--Health Care Administration
Sec. 711. Accountability for wounded warriors undergoing disability
evaluation.
Sec. 712. Inclusion of level three trauma care capabilities in
requirements for medical centers.
Sec. 713. Centers of excellence for specialty care in military health
system.
Sec. 714. Maintenance of Core Casualty Receiving Facilities to improve
medical force readiness.
Sec. 715. Congressional notification requirement to modify scope of
services provided at military medical
treatment facilities.
Sec. 716. Improvements to processes to reduce financial harm caused to
civilians for care provided at military
medical treatment facilities.
Sec. 717. Authority to carry out studies and demonstration projects
relating to delivery of health and medical
care through use of other transaction
authority.
Sec. 718. Licensure requirement for certain health-care professionals
providing services as part of mission
relating to emergency, humanitarian, or
refugee assistance.
Sec. 719. Authorization of permanent program to improve opioid
management in the military health system.
Sec. 720. Modification of requirement to transfer research and
development and public health functions to
Defense Health Agency.
Sec. 721. Access to certain dependent medical records by remarried
former spouses.
Sec. 722. Authority for Department of Defense program to promote early
literacy among certain young children.
Sec. 723. Plan for Accountable Care Organization demonstration.
Sec. 724. Feasibility study and plan on establishing a Military Health
System Medical Logistics Directorate and
Military Health System Education and
Training Directorate.
Subtitle C--Reports and Other Matters
Sec. 731. Briefing and report on reduction or realignment of military
medical manning and medical billets.
Sec. 732. Independent analysis of Department of Defense Comprehensive
Autism Care Demonstration program.
Sec. 733. Clarification of membership requirements and compensation
authority for independent suicide
prevention and response review committee.
Sec. 734. Termination of veterans' advisory board on radiation dose
reconstruction.
Sec. 735. Brain health initiative of Department of Defense.
Sec. 736. Establishment of partnership program between United States
and Ukraine for military trauma care and
research.
Sec. 737. Improvements relating to behavioral health care available
under military health system.
Sec. 738. Certification program in provision of mental health services
to members of the Armed Forces and military
families.
Sec. 739. Standardization of policies relating to service in Armed
Forces by individuals diagnosed with HBV.
Sec. 740. Suicide cluster: standardized definition for use by
Department of Defense; congressional
notification.
Sec. 741. Limitation on reduction of military medical manning end
strength: certification requirement and
other reforms.
Sec. 742. Feasibility study on establishment of Department of Defense
internship programs relating to civilian
behavioral health providers.
Sec. 743. Updates to prior feasibility studies on establishment of new
command on defense health.
Sec. 744. Capability assessment and action plan with respect to effects
of exposure to open burn pits and other
environmental hazards.
Sec. 745. Kyle Mullen Navy SEAL medical training review.
Sec. 746. Reports on composition of medical personnel of each military
department and related matters.
Sec. 747. Report on effects of low recruitment and retention on
operational tempo and physical and mental
health of members of the Armed Forces.
Sec. 748. Guidance for addressing healthy relationships and intimate
partner violence through TRICARE Program.
Sec. 749. Briefing on suicide prevention reforms for members of the
Armed Forces.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Writing award to encourage curiosity and persistence in
overcoming obstacles in acquisition.
Sec. 802. Task and delivery order contracting for architectural and
engineering services.
Sec. 803. Data requirements for commercial products for major weapon
systems.
Sec. 804. Revision of authority for procedures to allow rapid
acquisition and deployment of capabilities
needed under specified high-priority
circumstances.
Sec. 805. Treatment of certain clauses implementing Executive orders.
Sec. 806. Life cycle management and product support.
Sec. 807. Amendments to contractor employee protections from reprisal
for disclosure of certain information.
Sec. 808. Use of fixed-price type contracts for certain major defense
acquisition programs.
Sec. 809. Acquisition reporting system.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Inclusion in budget justification materials of enhanced
reporting on proposed cancellations and
modifications to multiyear contracts.
Sec. 812. Comptroller General assessment of acquisition programs and
related efforts.
Sec. 813. Extension of Defense Modernization Account authority.
Sec. 814. Clarification to fixed-price incentive contract references.
Sec. 815. Modification of reporting requirement in connection with
requests for multiyear procurement
authority for large defense acquisitions.
Sec. 816. Modification of provision relating to determination of
certain activities with unusually hazardous
risks.
Sec. 817. Modification to prohibition on operation or procurement of
foreign-made unmanned aircraft systems.
Sec. 818. Extension of pilot program to accelerate contracting and
pricing processes.
Sec. 819. Extension of pilot program for distribution support and
services for weapons systems contractors.
Sec. 820. Extension and modification of Never Contract with the Enemy.
Sec. 821. Repeal of requirement for Inspector General of the Department
of Defense to conduct certain reviews.
Sec. 822. Modification of contracts to provide extraordinary relief due
to inflation impacts.
Subtitle C--Provisions Relating to Acquisition Workforce
Sec. 831. Key experiences and enhanced pay authority for acquisition
workforce excellence.
Sec. 832. Defense Acquisition University reforms.
Sec. 833. Modifications to Defense Civilian Training Corps.
Sec. 834. Acquisition workforce incentives relating to training on, and
agreements with, certain start-up
businesses.
Sec. 835. Curricula on software acquisitions and cybersecurity software
or hardware acquisitions for covered
individuals.
Sec. 836. Department of Defense national imperative for industrial
skills program.
Subtitle D--Provisions Relating to Software and Technology
Sec. 841. Guidelines and resources on the acquisition or licensing of
intellectual property.
Sec. 842. Modification of authority of the Department of Defense to
carry out certain prototype projects.
Sec. 843. Other transaction authority clarification.
Sec. 844. Prizes for advanced technology achievements.
Sec. 845. Congressional notification for pilot program to accelerate
the procurement and fielding of innovative
technologies.
Sec. 846. Report on software delivery times.
Subtitle E--Industrial Base Matters
Sec. 851. Modification to the national technology and industrial base.
Sec. 852. Modification to miscellaneous limitations on the procurement
of goods other than United States goods.
Sec. 853. Requirements for the procurement of certain components for
certain naval vessels and auxiliary ships.
Sec. 854. Modifications to the procurement technical assistance
program.
Sec. 855. Codification of prohibition on certain procurements from the
Xinjiang Uyghur Autonomous Region.
Sec. 856. Codification of the Department of Defense Mentor-Protege
Program.
Sec. 857. Procurement requirements relating to rare earth elements and
strategic and critical materials.
Sec. 858. Analyses of certain activities for action to address sourcing
and industrial capacity.
Sec. 859. Demonstration exercise of enhanced planning for industrial
mobilization and supply chain management.
Sec. 860. Risk management for Department of Defense pharmaceutical
supply chains.
Sec. 861. Strategy for increasing competitive opportunities for certain
critical technologies.
Sec. 862. Key advanced system development industry days.
Subtitle F--Small Business Matters
Sec. 871. Codification of Small Business Administration scorecard.
Sec. 872. Modifications to the SBIR and STTR programs.
Sec. 873. Access to data on bundled or consolidated contracts.
Sec. 874. Small business integration working group.
Sec. 875. Demonstration of commercial due diligence for small business
programs.
Sec. 876. Development and assessment of mission effectiveness metrics.
Subtitle G--Other Matters
Sec. 881. Technical correction to effective date of the transfer of
certain title 10 acquisition provisions.
Sec. 882. Security clearance bridge pilot program.
Sec. 883. Existing agreement limits for Operation Warp Speed.
Sec. 884. Incorporation of controlled unclassified information guidance
into program classification guides and
program protection plans.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Increase in authorized number of Assistant and Deputy
Assistant Secretaries of Defense.
Sec. 902. Conforming amendments relating to repeal of position of Chief
Management Officer.
Sec. 903. Limitation on use of funds pending demonstration of product
to identify, task, and manage congressional
reporting requirements.
Sec. 904. Limitation on use of funds pending compliance with
requirements relating to alignment of Close
Combat Lethality Task Force.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911. Updates to management reform framework.
Sec. 912. Briefing on changes to Unified Command Plan.
Sec. 913. Clarification of peacetime functions of the Navy.
Sec. 914. Responsibilities and functions relating to electromagnetic
spectrum operations.
Sec. 915. Joint all domain command and control.
Sec. 916. Strategic management dashboard demonstration.
Sec. 917. Demonstration program for component content management
systems.
Sec. 918. Report on potential transition of all members of the Space
Force into a single component.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Sense of Congress relating to the corrective action plans
review process.
Sec. 1003. Annual reports on budgetary effects of inflation.
Subtitle B--Counterdrug Activities
Sec. 1011. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Modification to annual naval vessel construction plan.
Sec. 1022. Navy consultation with Marine Corps on major decisions
directly concerning Marine Corps amphibious
force structure and capability.
Sec. 1023. Amphibious warship force structure.
Sec. 1024. Modification to limitation on decommissioning or
inactivating battle force ships before end
of expected service life.
Sec. 1025. Amphibious warfare ship assessment and requirements.
Sec. 1026. Battle force ship employment, maintenance, and manning
baseline plans.
Sec. 1027. Withholding of certain information about sunken military
crafts.
Sec. 1028. Business case analyses on disposition of certain Government-
owned dry-docks.
Sec. 1029. Prohibition on retirement of certain naval vessels.
Subtitle D--Counterterrorism
Sec. 1031. Extension of prohibition on use of funds for transfer or
release of individuals detained at United
States Naval Station, Guantanamo Bay, Cuba,
to the United States.
Sec. 1032. Extension of prohibition on use of funds to construct or
modify facilities in the United States to
house detainees transferred from United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 1033. Modification and extension of prohibition on use of funds
for transfer or release of individuals
detained at United States Naval Station,
Guantanamo Bay, Cuba, to certain countries.
Sec. 1034. Extension of prohibition on use of funds to close or
relinquish control of United States Naval
Station, Guantanamo Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Submission of national defense strategy in classified and
unclassified form.
Sec. 1042. Department of Defense support for funerals and memorial
events for Members and former Members of
Congress.
Sec. 1043. Modification of authority for humanitarian demining
assistance and stockpiled conventional
munitions assistance.
Sec. 1044. Modification of provisions relating to anomalous health
incidents.
Sec. 1045. Security clearances for recently separated members of the
Armed Forces and civilian employees of the
Department of Defense.
Sec. 1046. Integrated and authenticated access to Department of Defense
systems for certain congressional staff for
oversight purposes.
Sec. 1047. Introduction of entities in transactions critical to
national security.
Sec. 1048. Joint training pipeline between United States Navy and Royal
Australian Navy.
Sec. 1049. Standardization of sectional barge construction for
Department of Defense use on rivers and
intercoastal waterways.
Sec. 1050. Department of Defense support for recently enacted
commissions.
Subtitle F--Studies and Reports
Sec. 1051. Modification of annual report on unfunded priorities.
Sec. 1052. Congressional notification of military information support
operations in the information environment.
Sec. 1053. Modification and continuation of reporting requirement
relating to humanitarian assistance.
Sec. 1054. Briefing on Global Force Management Allocation Plan.
Sec. 1055. Report and budget details regarding Operation Spartan
Shield.
Sec. 1056. Annual report on civilian casualties in connection with
United States military operations.
Sec. 1057. Extension of certain reporting deadlines.
Sec. 1058. Extension and modification of reporting requirement
regarding enhancement of information
sharing and coordination of military
training between Department of Homeland
Security and Department of Defense.
Sec. 1059. Continuation of requirement for annual report on National
Guard and reserve component equipment.
Sec. 1060. Modification of authority of Secretary of Defense to
transfer excess aircraft to other
departments of the Federal Government and
authority to transfer excess aircraft to
States.
Sec. 1061. Combatant command risk assessment for airborne intelligence,
surveillance, and reconnaissance.
Sec. 1062. Study on military training routes and special use air space
near wind turbines.
Sec. 1063. Annual reports on safety upgrades to the high mobility
multipurpose wheeled vehicle fleets.
Sec. 1064. Department of Defense delays in providing comments on
Government Accountability Office reports.
Sec. 1065. Justification for transfer or elimination of certain flying
missions.
Sec. 1066. Reports on United States military force presence in Europe.
Sec. 1067. Report on Department of Defense practices regarding
distinction between combatants and
civilians in United States military
operations.
Sec. 1068. Report on strategy and improvement of community engagement
efforts of Armed Forces in Hawaii.
Sec. 1069. Report on Department of Defense military capabilities in the
Caribbean.
Sec. 1070. Quarterly briefings on Department of Defense support for
civil authorities to address immigration at
the southwest border.
Sec. 1071. Annual report on procurement of equipment by State and local
governments through the Department of
Defense.
Sec. 1072. Briefing on financial oversight of certain educational
institutions receiving Department of
Defense funds.
Sec. 1073. Report on effects of certain ethics requirements on
Department of Defense hiring, retention,
and operations.
Sec. 1074. Joint Concept for Competing.
Sec. 1075. Analysis of feasibility and advisability of relocating major
units of the United States Armed Forces to
certain European countries.
Sec. 1076. Report on effects of strategic competitor naval facilities
in Africa.
Subtitle G--Other Matters
Sec. 1081. Technical and conforming amendments.
Sec. 1082. Department of Defense Civilian Protection Center of
Excellence.
Sec. 1083. Ronald V. Dellums Memorial Fellowship in STEM.
Sec. 1084. Amendment to memorial for members of the Armed Forces killed
in attack on Hamid Karzai International
Airport.
Sec. 1085. Public availability of cost of certain military operations.
Sec. 1086. Combating military reliance on Russian energy.
Sec. 1087. Establishment of joint force headquarters in area of
operations of United States Indo-Pacific
Command.
Sec. 1088. National tabletop exercise.
Sec. 1089. Personnel supporting the Office of the Assistant Secretary
of Defense for Special Operations and Low
Intensity Conflict.
Sec. 1090. Sense of Congress on redesignation of the Africa Center for
Strategic Studies as the James M. Inhofe
Center for Africa Strategic Studies.
Sec. 1091. Integration of electronic warfare into Tier 1 and Tier 2
joint training exercises.
Sec. 1092. National Commission on the Future of the Navy.
Sec. 1093. Dynamic airspace pilot program.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Restricted reporting option for Department of Defense
civilian employees choosing to report
experiencing adult sexual assault.
Sec. 1102. Modification and extension of authority to waive annual
limitation on premium pay and aggregate
limitation on pay for Federal civilian
employees working overseas.
Sec. 1103. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to
civilian personnel on official duty in a
combat zone.
Sec. 1104. Standardized credentials for law enforcement officers of the
Department of Defense.
Sec. 1105. Temporary extension of authority to provide security for
former Department of Defense officials.
Sec. 1106. Enhanced pay authority for certain research and technology
positions in science and technology
reinvention laboratories.
Sec. 1107. Flexible workplace programs.
Sec. 1108. Eligibility of Department of Defense employees in time-
limited appointments to compete for
permanent appointments.
Sec. 1109. Modification to personnel management authority to attract
experts in science and engineering.
Sec. 1110. Modification and extension of pilot program on dynamic
shaping of the workforce to improve the
technical skills and expertise at certain
department of defense laboratories.
Sec. 1111. Modification of temporary expansion of authority for
noncompetitive appointments of military
spouses by federal agencies.
Sec. 1112. Modification to pilot program for the temporary assignment
of cyber and information technology
personnel to private sector organizations.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Payment of personnel expenses necessary for participation
in training program conducted by Colombia
under the United States-Colombia Action
Plan for Regional Security.
Sec. 1202. Modifications to Reports on Security Cooperation.
Sec. 1203. Modification of authority for participation in
multinational centers of excellence.
Sec. 1204. Modification of existing authorities to provide for an
Irregular Warfare Center and a Regional
Defense Fellowship Program.
Sec. 1205. Modification to authority to provide support for conduct of
operations.
Sec. 1206. Extension and modification of authority for reimbursement
of certain coalition nations for support
provided to United States military
operations.
Sec. 1207. Modification and extension of authority to support border
security operations of certain foreign
countries.
Sec. 1208. Security cooperation programs with foreign partners to
advance women, peace, and security.
Sec. 1209. Review of implementation of prohibition on use of funds for
assistance to units of foreign security
forces that have committed a gross
violation of human rights.
Sec. 1210. Independent assessment of United States efforts to train,
advise, assist, and equip the military
forces of Somalia.
Sec. 1211. Security cooperation activities at Counter-UAS University.
Sec. 1212. Defense Operational Resilience International Cooperation
Pilot Program.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1221. Extension of authority for certain payments to redress
injury and loss.
Sec. 1222. Additional matters for inclusion in reports on oversight in
Afghanistan.
Sec. 1223. Prohibition on transporting currency to the Taliban and the
Islamic Emirate of Afghanistan.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1231. Modification of annual report on the military capabilities
of Iran and related activities.
Sec. 1232. Extension of authority to support operations and activities
of the Office of Security Cooperation in
Iraq.
Sec. 1233. Extension of authority to provide assistance to vetted
Syrian groups and individuals.
Sec. 1234. Extension and modification of authority to provide
assistance to counter the Islamic State of
Iraq and Syria.
Sec. 1235. Prohibition on transfers to Iran.
Sec. 1236. Report on Islamic Revolutionary Guard Corps-affiliated
operatives abroad.
Sec. 1237. Assessment of support to Iraqi Security Forces and Kurdish
Peshmerga Forces to counter air and missile
threats.
Sec. 1238. Interagency strategy to disrupt and dismantle narcotics
production and trafficking and affiliated
networks linked to the regime of Bashar al-
Assad in Syria.
Sec. 1239. Prohibition on transfers to Badr Organization.
Sec. 1240. Report on United Nations arms embargo on Iran.
Subtitle D--Matters Relating to Russia
Sec. 1241. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1242. Extension of limitation on military cooperation between the
United States and Russia.
Sec. 1243. Modification to annual report on military and security
developments involving the Russian
Federation.
Sec. 1244. Temporary authorizations related to Ukraine and other
matters.
Sec. 1245. Prohibition on availability of funds relating to
sovereignty of the Russian Federation over
internationally recognized territory of
Ukraine.
Sec. 1246. Report on Department of Defense plan for the provision of
short and medium-term security assistance
to Ukraine.
Sec. 1247. Oversight of United States assistance to Ukraine.
Subtitle E--Matters Relating to the Indo-Pacific Region
Sec. 1251. Modification to annual report on military and security
developments involving the People's
Republic of China.
Sec. 1252. Modification of Indo-Pacific Maritime Security Initiative
to authorize use of funds for the Coast
Guard.
Sec. 1253. Modification of prohibition on participation of the
People's Republic of China in rim of the
Pacific (RIMPAC) naval exercises to include
cessation of genocide by China.
Sec. 1254. Extension and modification of Pacific Deterrence
Initiative.
Sec. 1255. Extension of authority to transfer funds for Bien Hoa
dioxin cleanup.
Sec. 1256. Enhanced indications and warning for deterrence and
dissuasion.
Sec. 1257. Prohibition on use of funds to support entertainment
projects with ties to the Government of the
People's Republic of China.
Sec. 1258. Reporting on institutions of higher education domiciled in
the People's Republic of China that provide
support to the People's Liberation Army.
Sec. 1259. Review of port and port-related infrastructure purchases
and investments made by the Government of
the People's Republic of China and entities
directed or backed by the Government of the
People's Republic of China.
Sec. 1260. Enhancing major defense partnership with India.
Sec. 1261. Pilot program to develop young civilian defense leaders in
the Indo-Pacific region.
Sec. 1262. Report on bilateral agreements supporting United States
military posture in the Indo-Pacific
region.
Sec. 1263. Statement of policy on Taiwan.
Sec. 1264. Sense of congress on joint exercises with Taiwan.
Sec. 1265. Sense of Congress on defense alliances and partnerships in
the Indo-Pacific region.
Subtitle F--Other Matters
Sec. 1271. North Atlantic Treaty Organization Special Operations
Headquarters.
Sec. 1272. Sense of Congress on NATO and United States defense posture
in Europe.
Sec. 1273. Report on Fifth Fleet capabilities upgrades.
Sec. 1274. Report on use of social media by foreign terrorist
organizations.
Sec. 1275. Report and feasibility study on collaboration to meet
shared national security interests in East
Africa.
Sec. 1276. Assessment of challenges to implementation of the
partnership among Australia, the United
Kingdom, and the United States.
Sec. 1277. Modification and extension of United States-Israel
cooperation to counter unmanned aerial
systems.
Sec. 1278. Sense of Congress and briefing on multinational force and
observers.
Sec. 1279. Briefing on Department of Defense program to protect United
States students against foreign agents.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense health program.
Subtitle B--National Defense Stockpile
Sec. 1411. Reform of the Strategic and Critical Materials Stock Piling
Act.
Sec. 1412. Modification of acquisition authority under Strategic and
Critical Materials Stock Piling Act.
Sec. 1413. Briefings on shortfalls in National Defense Stockpile.
Sec. 1414. Authority to acquire materials for the National Defense
Stockpile.
Sec. 1415. Department of Defense readiness to support prolonged
conflict.
Subtitle C--Other Matters
Sec. 1421. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund for
Captain James A. Lovell Health Care Center,
Illinois.
Sec. 1422. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV--CYBER AND INFORMATION OPERATIONS MATTERS
Subtitle A--Cyber Matters
Sec. 1501. Improvements to Principal Cyber Advisors.
Sec. 1502. Annual reports on support by military departments for United
States Cyber Command.
Sec. 1503. Modification of office of primary responsibility for
strategic cybersecurity program.
Sec. 1504. Tailored cyberspace operations organizations.
Sec. 1505. Establishment of support center for consortium of
universities that advise Secretary of
Defense on cybersecurity matters.
Sec. 1506. Alignment of Department of Defense cyber international
strategy with National Defense Strategy and
Department of Defense Cyber Strategy.
Sec. 1507. Enhancement of cyberspace training and security cooperation.
Sec. 1508. Military Cybersecurity Cooperation with Hashemite Kingdom of
Jordan.
Sec. 1509. Management and oversight of Joint Cyber Warfighting
Architecture.
Sec. 1510. Integrated non-kinetic force development.
Sec. 1511. Protection of critical infrastructure.
Sec. 1512. Budget display for cryptographic modernization activities
for certain systems of the Department of
Defense.
Sec. 1513. Establishing projects for data management, artificial
intelligence, and digital solutions.
Sec. 1514. Operational testing for commercial cybersecurity
capabilities.
Subtitle B--Information Operations
Sec. 1521. Requirement to notify Chief of Mission of military operation
in the information environment.
Sec. 1522. Assessment and optimization of Department of Defense
information and influence operations
conducted through cyberspace.
Sec. 1523. Joint information operations course.
Sec. 1524. Limitation on availability of certain funds until submission
of joint lexicon for terms related to
information operations.
Sec. 1525. Limitation on availability of funds pending submittal of
information operations strategy and posture
review.
Sec. 1526. Limitation on availability of certain funds until submission
of assessments relating to cybersecurity of
the defense industrial base.
Subtitle C--Personnel
Sec. 1531. Cyber operations-peculiar awards.
Sec. 1532. Establishment of Cyber Operations Designator and rating for
the Navy.
Sec. 1533. Total force generation for the Cyberspace Operations Forces.
Sec. 1534. Correcting cyber mission force readiness shortfalls.
Sec. 1535. Department of Defense Cyber and Digital Service Academy.
Sec. 1536. Report on recommendations from Navy Civilian Career Path
study.
Sec. 1537. Study to determine optimal strategy for structuring and
manning elements of Joint Force
Headquarters-Cyber Organizations, Joint
Mission Operations Centers, and Cyber
Operations-Integrated Planning Elements.
Sec. 1538. Manning review of Space Force cyber squadrons.
Sec. 1539. Independent review of posture and staffing levels of Office
of the Chief Information Officer.
Sec. 1540. Independent assessment of Civilian Cybersecurity Reserve for
Department of Defense.
Sec. 1541. Comprehensive review of Cyber Excepted Service.
Subtitle D--Reports and Other Matters
Sec. 1551. Pilot program for sharing cyber capabilities and related
information with foreign operational
partners.
Sec. 1552. Demonstration program for cyber and information technology
budget data analytics.
Sec. 1553. Plan for commercial cloud test and evaluation.
Sec. 1554. Roadmap and implementation plan for cyber adoption of
artificial intelligence.
Sec. 1555. Review of Department of Defense implementation of
recommendations from Defense Science Board
cyber report.
Sec. 1556. Annual briefing on relationship between National Security
Agency and United States Cyber Command.
Sec. 1557. Review of definitions associated with Cyberspace Operations
Forces.
Sec. 1558. Annual assessments and reports on assignment of certain
budget control responsibility to Commander
of United States Cyber Command.
Sec. 1559. Assessments of weapons systems vulnerabilities to radio-
frequency enabled cyber attacks.
Sec. 1560. Briefing on Department of Defense plan to deter and counter
adversaries in the information environment.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1601. Requirements for protection of satellites.
Sec. 1602. Strategy on protection of satellites.
Sec. 1603. Modification of reports on integration of acquisition and
capability delivery schedules for segments
of major satellite acquisitions programs
and funding for such programs.
Sec. 1604. Tactically responsive space capability.
Sec. 1605. Extension of annual report on Space Command and Control.
Sec. 1606. Allied responsive space capabilities.
Sec. 1607. Applied research and educational activities to support space
technology development.
Sec. 1608. Review of Space Development Agency exemption from Joint
Capabilities Integration and Development
System.
Sec. 1609. Update to plan to manage Integrated Tactical Warning and
Attack Assessment System and multi-domain
sensors.
Sec. 1610. Report on space debris.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Congressional oversight of clandestine activities that
support operational preparation of the
environment.
Subtitle C--Nuclear Forces
Sec. 1631. Biannual briefing on nuclear weapons and related activities.
Sec. 1632. Industrial base monitoring for B-21 and Sentinel programs.
Sec. 1633. Improvements to Nuclear Weapons Council.
Sec. 1634. Portfolio management framework for nuclear forces.
Sec. 1635. Extension of requirement to report on nuclear weapons
stockpile.
Sec. 1636. Modification and extension of annual assessment of cyber
resilience of nuclear command and control
system.
Sec. 1637. Modification of reports on Nuclear Posture Review
implementation.
Sec. 1638. Establishment of intercontinental ballistic missile site
activation task force for Sentinel program.
Sec. 1639. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1640. Plan for development of reentry vehicles.
Sec. 1641. Treatment of nuclear modernization and hypersonic missile
programs within Defense Priorities and
Allocations System.
Sec. 1642. Matters relating to nuclear-capable sea-launched cruise
missile.
Subtitle D--Missile Defense Programs
Sec. 1651. Biannual briefing on missile defense and related activities.
Sec. 1652. Improvements to acquisition accountability reports on the
ballistic missile defense system.
Sec. 1653. Making permanent prohibitions relating to missile defense
information and systems.
Sec. 1654. Next generation interceptors for missile defense of United
States homeland.
Sec. 1655. Termination of requirement to transition ballistic missile
defense programs to the military
departments.
Sec. 1656. Persistent cybersecurity operations for ballistic missile
defense systems and networks.
Sec. 1657. Fire control architectures.
Sec. 1658. Middle East integrated air and missile defense.
Sec. 1659. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-
development and co-production.
Sec. 1660. Integrated air and missile defense architecture for defense
of Guam.
Sec. 1661. Limitation on availability of certain funds until submission
of report on implementation of the cruise
missile defense architecture for the
homeland.
Sec. 1662. Strategy to use asymmetric capabilities to defeat hypersonic
missile threats.
Sec. 1663. Plan on delivering Shared Early Warning System data to
certain allies and partners of the United
States.
Sec. 1664. Reports on ground-based interceptors.
Sec. 1665. Report on missile defense interceptor site in contiguous
United States.
Subtitle E--Other Matters
Sec. 1671. Cooperative threat reduction funds.
Sec. 1672. Department of Defense support for requirements of the White
House Military Office.
Sec. 1673. Unidentified anomalous phenomena reporting procedures.
Sec. 1674. Study of weapons programs that allow Armed Forces to address
hard and deeply buried targets.
TITLE XVII--MUNITIONS REPLENISHMENT AND FUTURE PROCUREMENT
Sec. 1701. Annual report on industrial base constraints for munitions.
Sec. 1702. Modification to Special Defense Acquisition Fund.
Sec. 1703. Quarterly briefings on replenishment and revitalization of
weapons provided to Ukraine.
Sec. 1704. Assessment of requirements and acquisition objectives for
Patriot air and missile defense battalions.
Sec. 1705. Independent assessment of department of defense capability
and capacity needs for munitions production
and stockpiling.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2803. Effective date and automatic execution of conforming changes
to tables of sections, tables of contents,
and similar tabular entries.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Demolition of District of Columbia Fort McNair Quarters 4,
13, and 15.
Sec. 2105. Modification of authority to carry out fiscal year 2019
project at Camp Tango, Korea.
Sec. 2106. Extension and modification of authority to carry out certain
fiscal year 2018 projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2204. Extension of authority to carry out certain fiscal year 2018
project.
Sec. 2205. Transfer of customers from Navy electrical utility system at
former Naval Air Station Barber's Point,
Hawaii, to new electrical system in
Kalaeloa, Hawaii.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2018
projects.
Sec. 2305. Modification of authority to carry out certain fiscal year
2021 project.
Sec. 2306. Modification of authority to carry out certain military
construction projects at Tyndall Air Force
Base, Florida.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorized energy resilience and conservation investment
program projects.
Sec. 2403. Authorization of appropriations, defense agencies.
Sec. 2404. Extension of authority to carry out certain fiscal year 2018
projects.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Repeal of authorized approach to certain construction
project.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Corrections to authority to carry out certain fiscal year
2022 projects.
Sec. 2608. Extension of authority to carry out certain fiscal year 2018
projects.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through
Department of Defense Base Closure Account.
Sec. 2702. Authorization to fund certain demolition and removal
activities through Department of Defense
Base Closure Account.
Sec. 2703. Prohibition on conducting additional base realignment and
closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program
Sec. 2801. Temporary increase of amounts in connection with authority
to carry out unspecified minor military
construction.
Sec. 2802. Modification of annual locality adjustment of dollar
thresholds applicable to unspecified minor
military construction authorities.
Sec. 2803. Permanent authority for defense laboratory modernization
program.
Sec. 2804. Elimination of sunset of authority to conduct unspecified
minor military construction for lab
revitalization.
Sec. 2805. Military construction projects for innovation, research,
development, test, and evaluation.
Sec. 2806. Supervision of large military construction projects.
Sec. 2807. Specification of Assistant Secretary of Defense for Energy,
Installations, and Environment as Chief
Housing Officer.
Sec. 2808. Clarification of exceptions to limitations on cost
variations for military construction
projects and military family housing
projects.
Sec. 2809. Use of operation and maintenance funds for certain
construction projects outside the United
States.
Sec. 2810. Consideration of installation of integrated solar roofing to
improve energy resiliency of military
installations.
Sec. 2811. Revision of Unified Facilities Guide Specifications and
Unified Facilities Criteria to include
specifications on use of gas insulated
switchgear and criteria and specifications
on microgrids and microgrid converters.
Sec. 2812. Determination and notification relating to Executive orders
that impact cost and scope of work of
military construction projects.
Sec. 2813. Requirement for inclusion of Department of Defense Forms
1391 with annual budget submission by
President.
Sec. 2814. Use of integrated project delivery contracts.
Subtitle B--Military Housing Reforms
Sec. 2821. Standardization of military installation Housing
Requirements and Market Analyses.
Sec. 2822. Notice requirement for MHPI ground lease extensions.
Sec. 2823. Annual briefings on military housing privatization projects.
Sec. 2824. Mold inspection of vacant housing units.
Sec. 2825. Implementation of recommendations from audit of medical
conditions of residents in privatized
military housing.
Subtitle C--Real Property and Facilities Administration
Sec. 2831. Authorized land and facilities transfer to support contracts
with federally funded research and
development centers.
Sec. 2832. Limitation on use of funds pending completion of military
installation resilience component of master
plans for at-risk major military
installations.
Sec. 2833. Physical entrances to certain military installations.
Subtitle D--Land Conveyances
Sec. 2841. Extension of time frame for land conveyance, Sharpe Army
Depot, Lathrop, California.
Sec. 2842. Land conveyance, Joint Base Charleston, South Carolina.
Sec. 2843. Land conveyance, Naval Air Station Oceana, Dam Neck Annex,
Virginia Beach, Virginia.
Sec. 2844. Land exchange, Marine Reserve Training Center, Omaha,
Nebraska.
Sec. 2845. Land Conveyance, Starkville, Mississippi.
Subtitle E--Miscellaneous Studies and Reports
Sec. 2851. Study on practices with respect to development of military
construction projects.
Sec. 2852. Report on capacity of Department of Defense to provide
survivors of natural disasters with
emergency short-term housing.
Sec. 2853. Reporting on lead service lines and lead plumbing.
Sec. 2854. Briefing on attempts to acquire land near United States
military installations by the People's
Republic of China.
Subtitle F--Other Matters
Sec. 2861. Required consultation with State and local entities for
notifications related to the basing
decision-making process.
Sec. 2862. Inclusion in Defense Community Infrastructure Pilot Program
of certain projects for ROTC training.
Sec. 2863. Inclusion of infrastructure improvements identified in the
report on strategic seaports in Defense
Community Infrastructure Pilot Program.
Sec. 2864. Inclusion of certain property for purposes of defense
community infrastructure pilot program.
Sec. 2865. Expansion of pilot program on increased use of sustainable
building materials in military construction
to include locations throughout the United
States.
Sec. 2866. Basing decision scorecard consistency and transparency.
Sec. 2867. Temporary authority for acceptance and use of funds for
certain construction projects in the
Republic of Korea.
Sec. 2868. Repeal of requirement for Interagency Coordination Group of
Inspectors General for Guam Realignment.
Sec. 2869. Lease or use agreement for category 3 subterranean training
facility.
Sec. 2870. Limitation on use of funds for closure of combat readiness
training centers.
Sec. 2871. Required investments in improving child development centers.
Sec. 2872. Interagency Regional Coordinator for Resilience Pilot
Project.
Sec. 2873. Access to military installations for Homeland Security
Investigations personnel in Guam.
Sec. 2874. Prohibition on joint use of Homestead Air Reserve Base with
civil aviation.
Sec. 2875. Electrical charging capability construction requirements
relating to parking for Federal Government
motor vehicles.
TITLE XXIX--FALLON RANGE TRAINING COMPLEX
Subtitle A--Fallon Range Training Complex
Sec. 2901. Military land withdrawal for Fallon Range Training Complex.
Sec. 2902. Numu Newe Special Management Area.
Sec. 2903. National conservation areas.
Sec. 2904. Collaboration with State and county.
Sec. 2905. Wilderness areas in Churchill County, Nevada.
Sec. 2906. Release of wilderness study areas.
Sec. 2907. Land conveyances and exchanges.
Sec. 2908. Checkerboard resolution.
Subtitle B--Lander County Economic Development and Conservation
Sec. 2911. Definitions.
Part I--Lander County Public Purpose Land Conveyances
Sec. 2921. Definitions.
Sec. 2922. Conveyances to Lander County, Nevada.
Part II--Lander County Wilderness Areas
Sec. 2931. Definitions.
Sec. 2932. Designation of wilderness areas.
Sec. 2933. Release of wilderness study areas.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Requirements for specific request for new or modified
nuclear weapons.
Sec. 3112. Modifications to long-term plan for meeting national
security requirements for unencumbered
uranium.
Sec. 3113. Modification of minor construction threshold for plant
projects.
Sec. 3114. Update to plan for deactivation and decommissioning of
nonoperational defense nuclear facilities.
Sec. 3115. Use of alternative technologies to eliminate proliferation
threats at vulnerable sites.
Sec. 3116. Unavailability for overhead costs of amounts specified for
laboratory-directed research and
development.
Sec. 3117. Workforce enhancement for National Nuclear Security
Administration.
Sec. 3118. Modification of cost baselines for certain projects.
Sec. 3119. Purchase of real property options.
Sec. 3120. Prohibition on availability of funds to reconvert or retire
W76-2 warheads.
Sec. 3121. Acceleration of depleted uranium manufacturing processes.
Sec. 3122. Assistance by the National Nuclear Security Administration
to the Air Force for the development of the
Mark 21A fuse.
Sec. 3123. Determination of standardized indirect cost elements.
Sec. 3124. Certification of completion of milestones with respect to
plutonium pit aging.
Sec. 3125. National Nuclear Security Administration facility advanced
manufacturing development.
Sec. 3126. Authorization of workforce development and training
partnership programs within National
Nuclear Security Administration.
Subtitle C--Reports and Other Matters
Sec. 3131. Modification to certain reporting requirements.
Sec. 3132. Repeal of obsolete provisions of the Atomic Energy Defense
Act and other provisions.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Continuation of functions and powers during loss of quorum.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Subtitle A--Maritime Administration
Sec. 3501. Authorization of appropriations for the Maritime
Administration.
Sec. 3502. Secretary of Transportation responsibility with respect to
cargoes procured, furnished, or financed by
other Federal departments and agencies.
Subtitle B--Merchant Marine Academy
Sec. 3511. Exemption of certain students from requirement to obtain
merchant mariner license.
Sec. 3512. Board of Visitors.
Sec. 3513. Protection of cadets from sexual assault onboard vessels.
Sec. 3514. Service academy faculty parity of use of United States
Government works.
Sec. 3515. Reports on matters relating to the United States Merchant
Marine Academy.
Sec. 3516. Study on Capital Improvement Program at the USMMA.
Sec. 3517. Requirements relating to training of Merchant Marine Academy
cadets on certain vessels.
Subtitle C--Maritime Infrastructure
Sec. 3521. United States marine highway program.
Sec. 3522. Port infrastructure development grants.
Sec. 3523. Project selection criteria for port infrastructure
development program.
Sec. 3524. Infrastructure improvements identified in the report on
strategic seaports.
Sec. 3525. GAO review of Government efforts to promote growth and
modernization of United States Merchant
Fleet.
Sec. 3526. GAO review of Federal efforts to enhance port infrastructure
resiliency and disaster preparedness.
Sec. 3527. Study on foreign investment in shipping.
Sec. 3528. Report on alternate marine fuel bunkering facilities at
ports.
Sec. 3529. Study of cybersecurity and national security threats posed
by foreign manufactured cranes at United
States ports.
Subtitle D--Maritime Workforce
Sec. 3531. Improving Protections for Midshipmen.
Sec. 3532. Maritime Technical Advancement Act.
Sec. 3533. Ensuring diverse mariner recruitment.
Sec. 3534. Low emissions vessels training.
Subtitle E--Other Matters
Sec. 3541. Waiver of navigation and vessel inspection laws.
Sec. 3542. National maritime strategy.
Sec. 3543. Maritime Environmental and Technical Assistance Program.
Sec. 3544. Definition of qualified vessel.
Sec. 3545. Establishing a capital construction fund.
Sec. 3546. Recapitalization of National Defense Reserve Fleet.
Sec. 3547. Sense of Congress on Merchant Marine.
Sec. 3548. Analysis of effects of chemicals in stormwater runoff on
Pacific salmon and steelhead.
Sec. 3549. Report on effective vessel quieting measures.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy National Security Programs.
DIVISION E--NON-DEPARTMENT OF DEFENSE MATTERS
TITLE LI--VETERANS AFFAIRS MATTERS
Subtitle A--Advisory Committees
Sec. 5101. Annual report from Advisory Committee on Women Veterans.
Sec. 5102. Department of Veterans Affairs Advisory Committee on United
States Outlying Areas and Freely Associated
States.
Subtitle B--Studies and Reports
Sec. 5111. Secretary of Veterans Affairs study on dissemination of
information on Department of Veterans
Affairs home loan benefits.
Sec. 5112. GAO study on post-market surveillance of medical devices by
Department of Veterans Affairs.
Sec. 5113. Department of Veterans Affairs report on supportive services
and housing insecurity.
Sec. 5114. Report on handling of certain records of the Department of
Veterans Affairs.
Subtitle C--Other Matters
Sec. 5121. Improved application of employment and reemployment rights
of all members of uniformed services.
Sec. 5122. Competitive pay for health care providers of Department of
Veterans Affairs.
Sec. 5123. Definition of land use revenue under West Los Angeles
Leasing Act of 2016.
Sec. 5124. Technical corrections to Honoring our PACT Act of 2022.
Sec. 5125. Improving pilot program on acceptance by the Department of
Veterans Affairs of donated facilities and
related improvements.
Sec. 5126. Improvement of Vet Centers at Department of Veterans
Affairs.
Sec. 5127. Information on certain veterans with prior medical
occupations; program on intermediate care
technicians of Department of Veterans
Affairs.
TITLE LII--INSPECTOR GENERAL INDEPENDENCE AND EMPOWERMENT MATTERS
Subtitle A--Inspector General Independence
Sec. 5201. Short title.
Sec. 5202. Removal or transfer of Inspectors General; placement on non-
duty status.
Sec. 5203. Vacancy in position of Inspector General.
Sec. 5204. Office of Inspector General whistleblower complaints.
Subtitle B--Presidential Explanation of Failure to Nominate an
Inspector General
Sec. 5221. Presidential explanation of failure to nominate an Inspector
General.
Subtitle C--Integrity Committee of the Council of Inspectors General on
Integrity and Efficiency Transparency
Sec. 5231. Short title.
Sec. 5232. Additional information to be included in requests and
reports to Congress.
Sec. 5233. Availability of information to Congress on certain
allegations of wrongdoing closed without
referral.
Sec. 5234. Semiannual report.
Sec. 5235. Additional reports.
Sec. 5236. Requirement to report final disposition to Congress.
Sec. 5237. Investigations of Offices of Inspector General of
establishments by the Integrity Committee.
Subtitle D--Notice of Ongoing Investigations When There Is a Change in
Status of Inspector General
Sec. 5241. Notice of ongoing investigations when there is a change in
status of Inspector General.
Subtitle E--Council of the Inspectors General on Integrity and
Efficiency Report on Expenditures
Sec. 5251. CIGIE report on expenditures.
Subtitle F--Notice of Refusal to Provide Inspectors General Access
Sec. 5261. Notice of refusal to provide information or assistance to
Inspectors General.
Subtitle G--Training Resources for Inspectors General and Other Matters
Sec. 5271. Training resources for Inspectors General.
Sec. 5272. Definition of appropriate congressional committees.
Sec. 5273. Semiannual reports.
Sec. 5274. Submission of reports that specifically identify non-
governmental organizations or business
entities.
Sec. 5275. Review relating to vetting, processing, and resettlement of
evacuees from Afghanistan and the
Afghanistan special immigrant visa program.
TITLE LIII--OVERSIGHT AND REFORM MATTERS
Subtitle A--General Provisions
Sec. 5301. Access for Veterans to Records.
Sec. 5302. ONDCP supplemental strategies.
Sec. 5303. Performance Enhancement.
Sec. 5304. Appeals to merit systems protection board relating to FBI
reprisal allegations; salary of Special
Counsel.
Sec. 5305. Fairness for Federal firefighters.
Subtitle B--PLUM Act of 2022
Sec. 5321. Short title.
Sec. 5322. Establishment of public website on government policy and
supporting positions.
TITLE LIV--21ST CENTURY ASSISTIVE TECHNOLOGY ACT
Sec. 5401. Short title.
Sec. 5402. Reauthorization.
Sec. 5403. Effective date.
TITLE LV--FOREIGN AFFAIRS MATTERS
Subtitle A--Taiwan Enhanced Resilience Act
Sec. 5501. Short title.
Part 1--Implementation of an Enhanced Defense Partnership Between the
United States and Taiwan
Sec. 5502. Modernizing Taiwan's security capabilities to deter and, if
necessary, defeat aggression by the
People's Republic of China.
Sec. 5503. Increase in annual regional contingency stockpile additions
and support for Taiwan.
Sec. 5504. International military education and training cooperation
with Taiwan.
Sec. 5505. Additional authorities to support Taiwan.
Sec. 5506. Multi-year plan to fulfill defensive requirements of
military forces of Taiwan.
Sec. 5507. Fast-tracking sales to Taiwan under Foreign Military Sales
program.
Sec. 5508. Arms exports delivery solutions for Taiwan and United States
allies in the Indo-Pacific.
Sec. 5509. Assessment of Taiwan's needs for civilian defense and
resilience.
Sec. 5510. Annual report on Taiwan defensive military capabilities and
intelligence support.
Sec. 5511. Findings and statement of policy.
Sec. 5512. Sense of Congress on Taiwan defense relations.
Part 2--Countering People's Republic of China's Coercion and Influence
Campaigns
Sec. 5513. Strategy to respond to influence and information operations
targeting Taiwan.
Sec. 5514. Task force to counter economic coercion by the People's
Republic of China.
Sec. 5515. China censorship monitor and action group.
Part 3--Inclusion of Taiwan in International Organizations
Sec. 5516. Findings.
Sec. 5517. Sense of Congress on Taiwan's meaningful participation in
the international community.
Sec. 5518. Strategy to support Taiwan's meaningful participation in
international organizations.
Sec. 5519. Meaningful participation of Taiwan in the International
Civil Aviation Organization.
Part 4--Miscellaneous Provisions
Sec. 5520. Report on Taiwan Travel Act.
Sec. 5521. Amendments to the Taiwan Allies International Protection and
Enhancement Initiative (Taipei) Act of
2019.
Sec. 5522. Report on role of People's Republic of China's nuclear
threat in escalation dynamics.
Sec. 5523. Report analyzing the impact of Russia's war against Ukraine
on the objectives of the People's Republic
of China with respect to Taiwan.
Sec. 5524. Expanding United States-Taiwan development cooperation.
Sec. 5525. Sense of congress on expanding United States economic
relations with Taiwan.
Part 5--Supporting United States Educational and Exchange Programs With
Taiwan
Sec. 5526. Short title.
Sec. 5527. Findings.
Sec. 5528. Purposes.
Sec. 5529. Definitions.
Sec. 5530. Taiwan Fellowship Program.
Sec. 5531. Reports and audits.
Sec. 5532. Taiwan fellows on detail from government service.
Sec. 5533. Funding.
Sec. 5534. Study and report.
Sec. 5535. Supporting United States educational and exchange programs
with Taiwan.
Part 6--United States-Taiwan Public Health Protection
Sec. 5536. Short title.
Sec. 5537. Definitions.
Sec. 5538. Study on an infectious disease monitoring center.
Part 7--Rules of Construction
Sec. 5539. Rule of construction.
Sec. 5540. Rule of construction regarding the use of military force.
Subtitle B--United States-Ecuador Partnership Act of 2022
Sec. 5541. Short title.
Sec. 5542. Sense of Congress.
Sec. 5543. Facilitating economic and commercial ties.
Sec. 5544. Promoting inclusive economic development.
Sec. 5545. Combating illicit economies, corruption, and negative
foreign influence.
Sec. 5546. Strengthening democratic governance.
Sec. 5547. Fostering conservation and stewardship.
Sec. 5548. Authorization to transfer excess Coast Guard vessels.
Sec. 5549. Reporting requirements.
Sec. 5550. Sunset.
Subtitle C--FENTANYL Results Act
Sec. 5551. Short title.
Sec. 5552. Prioritization of efforts of the Department of State to
combat international trafficking in covered
synthetic drugs.
Sec. 5553. Program to provide assistance to build the capacity of
foreign law enforcement agencies with
respect to covered synthetic drugs.
Sec. 5554. Exchange program on demand reduction matters relating to
illicit use of covered synthetic drugs.
Sec. 5555. Amendments to international narcotics control program.
Sec. 5556. Sense of Congress.
Sec. 5557. Rule of construction.
Sec. 5558. Definitions.
Subtitle D--International Pandemic Preparedness
Sec. 5559. Short title.
Sec. 5560. Definitions.
Sec. 5561. Enhancing the United States' international response to
pandemics.
Sec. 5562. International pandemic prevention and preparedness.
Sec. 5563. Financial Intermediary Fund for Pandemic Prevention,
Preparedness, and Response.
Sec. 5564. General provisions.
Sec. 5565. Sunset.
Sec. 5566. Rule of construction.
Subtitle E--Burma Act of 2022
Sec. 5567. Short title.
Sec. 5568. Definitions.
Part 1--Matters Relating to the Conflict in Burma
Sec. 5569. Statement of policy.
Part 2--Sanctions and Policy Coordination With Respect to Burma
Sec. 5570. Definitions.
Sec. 5571. Imposition of sanctions with respect to human rights abuses
and perpetration of a coup in Burma.
Sec. 5572. Sanctions and policy coordination for Burma.
Sec. 5573. Support for greater United Nations action with respect to
Burma.
Sec. 5574. Sunset.
Part 3--Authorizations of Appropriations for Assistance for Burma
Sec. 5575. General authorization of appropriations.
Sec. 5576. Limitations.
Sec. 5577. Appropriate congressional committees defined.
Part 4--Efforts Against Human Rights Abuses
Sec. 5578. Authorization to provide technical assistance for efforts
against human rights abuses.
Part 5--Sanctions Exception Relating to Importation of Goods
Sec. 5579. Sanctions exception relating to importation of goods.
Subtitle F--Promotion of Freedom of Information and Countering of
Censorship and Surveillance in North Korea
Sec. 5580. Short title.
Sec. 5581. Findings; sense of Congress.
Sec. 5582. Statement of policy.
Sec. 5583. United States strategy to combat North Korea's repressive
information environment.
Sec. 5584. Promoting freedom of information and countering censorship
and surveillance in North Korea.
Subtitle G--Other Matters
Sec. 5585. Congressional notification for rewards paid using
cryptocurrencies.
Sec. 5586. Secure access to sanitation facilities for women and girls.
Sec. 5587. Reauthorization of the Tropical Forest and Coral Reef
Conservation Act of 1998.
Sec. 5588. Global Food Security Reauthorization Act of 2022.
Sec. 5589. Extension and modification of certain export controls.
Sec. 5590. Imposition of sanctions with respect to the sale, supply, or
transfer of gold to or from Russia.
Sec. 5591. Renegotiation of Compacts of Free Association.
Sec. 5592. Secretary of State assistance for prisoners in Islamic
Republic of Iran.
Sec. 5593. Iran Nuclear Weapons Capability and Terrorism Monitoring Act
of 2022.
Subtitle H--Reports
Sec. 5594. Modification to peacekeeping operations report.
Sec. 5595. Report on Indo-Pacific region.
Sec. 5596. Report on humanitarian situation and food security in
Lebanon.
Sec. 5597. Statement of policy and report on engaging with Niger.
Sec. 5598. Report on bilateral security and law enforcement cooperation
with Mexico.
Sec. 5599. Report on Chinese support to Russia with respect to its
unprovoked invasion of and full-scale war
against Ukraine.
Sec. 5599A. Feasibility study on United States support for and
participation in the international
counterterrorism academy in Cote d'Ivoire.
Sec. 5599B. Consultations on reuniting Korean Americans with family
members in North Korea.
Subtitle I--Sense of Congress Provisions
Sec. 5599C. Sense of Congress regarding the status of China.
Sec. 5599D. Sense of Congress regarding Israel.
Sec. 5599E. Sense of Congress relating to the NATO Parliamentary
Assembly.
Sec. 5599F. Condemning detention and indictment of Russian opposition
leader Vladimir Vladimirovich Kara-Murza.
Sec. 5599G. Sense of Congress regarding development of nuclear weapons
by Iran.
TITLE LVI--TRANSPORTATION AND INFRASTRUCTURE
Sec. 5601. Designation of small State and rural advocate.
Sec. 5602. Flexibility.
Sec. 5603. Preliminary damage assessment.
Sec. 5604. Letter of deviation authority.
Sec. 5605. Recognizing FEMA support.
TITLE LVII--FINANCIAL SERVICES MATTERS
Sec. 5701. United States policy on World Bank Group and Asian
Development Bank assistance to the People's
Republic of China.
Sec. 5702. Support for international initiatives to provide debt
restructuring or relief to developing
countries with unsustainable levels of
debt.
Sec. 5703. Ukraine debt payment relief.
Sec. 5704. Isolate Russian Government Officials Act of 2022.
Sec. 5705. Fair hiring in banking.
Sec. 5706. Banking Transparency for Sanctioned Persons Act of 2022.
Sec. 5707. Flexibility in addressing rural homelessness.
Sec. 5708. Master account and services database.
TITLE LVIII--FINANCIAL DATA TRANSPARENCY
Sec. 5801. Short title.
Subtitle A--Data Standards for Covered Agencies; Department of the
Treasury Rulemaking
Sec. 5811. Data standards.
Sec. 5812. Open data publication by the Department of the Treasury.
Sec. 5813. No new disclosure requirements.
Subtitle B--Securities and Exchange Commission
Sec. 5821. Data standards requirements for the Securities and Exchange
Commission.
Sec. 5822. Open data publication by the Securities and Exchange
Commission.
Sec. 5823. Data transparency relating to municipal securities.
Sec. 5824. Data transparency at national securities associations.
Sec. 5825. Shorter-term burden reduction and disclosure simplification
at the Securities and Exchange Commission;
sunset.
Sec. 5826. No new disclosure requirements.
Subtitle C--Federal Deposit Insurance Corporation
Sec. 5831. Data standards requirements for the Federal Deposit
Insurance Corporation.
Sec. 5832. Open data publication by the Federal Deposit Insurance
Corporation.
Sec. 5833. Rulemaking.
Sec. 5834. No new disclosure requirements.
Subtitle D--Office of the Comptroller of the Currency
Sec. 5841. Data standards and open data publication requirements for
the Office of the Comptroller of the
Currency.
Sec. 5842. Rulemaking.
Sec. 5843. No new disclosure requirements.
Subtitle E--Bureau of Consumer Financial Protection
Sec. 5851. Data standards and open data publication requirements for
the Bureau of Consumer Financial
Protection.
Sec. 5852. Rulemaking.
Sec. 5853. No new disclosure requirements.
Subtitle F--Federal Reserve System
Sec. 5861. Data standards requirements for the Board of Governors of
the Federal Reserve System.
Sec. 5862. Open data publication by the Board of Governors of the
Federal Reserve System.
Sec. 5863. Rulemaking.
Sec. 5864. No new disclosure requirements.
Subtitle G--National Credit Union Administration
Sec. 5871. Data standards.
Sec. 5872. Open data publication by the National Credit Union
Administration.
Sec. 5873. Rulemaking.
Sec. 5874. No new disclosure requirements.
Subtitle H--Federal Housing Finance Agency
Sec. 5881. Data standards requirements for the Federal Housing Finance
Agency.
Sec. 5882. Open data publication by the Federal Housing Finance Agency.
Sec. 5883. Rulemaking.
Sec. 5884. No new disclosure requirements.
Subtitle I--Miscellaneous
Sec. 5891. Rules of construction.
Sec. 5892. Classified and protected information.
Sec. 5893. Report.
TITLE LIX--OTHER MATTERS
Subtitle A--Judiciary Matters
Sec. 5901. Extension of admission to Guam or the Commonwealth of the
Northern Mariana Islands for certain
nonimmigrant H-2B workers.
Sec. 5902. Eligibility of Portuguese traders and investors for E-1 and
E-2 nonimmigrant visas.
Sec. 5903. Incentives for States to create sexual assault survivors'
bill of rights.
Sec. 5904. Extending the statute of limitations for certain money
laundering offenses.
Subtitle B--Science, Space, and Technology Matters
Sec. 5911. Financial assistance for construction of test beds and
specialized facilities.
Sec. 5912. Reports on arctic research, budget, and spending.
Sec. 5913. National research and development strategy for distributed
ledger technology.
Sec. 5914. Technical corrections.
Subtitle C--FedRamp Authorization Act
Sec. 5921. FedRAMP Authorization Act.
Subtitle D--Judicial Security and Privacy
Sec. 5931. Short title.
Sec. 5932. Findings and purpose.
Sec. 5933. Definitions.
Sec. 5934. Protecting covered information in public records.
Sec. 5935. Training and education.
Sec. 5936. Vulnerability management capability.
Sec. 5937. Rules of construction.
Sec. 5938. Severability.
Sec. 5939. Effective date.
Subtitle E--Other Matters
Sec. 5941. Secretary of Agriculture report on improving supply chain
shortfalls and infrastructure needs at
wholesale produce markets.
Sec. 5942. Extension of deadline for transfer of parcels of land in New
Mexico.
Sec. 5943. Ending global wildlife poaching and trafficking.
Sec. 5944. Cost-sharing requirements applicable to certain Bureau of
Reclamation dams and dikes.
Sec. 5945. Transfer of National Oceanic and Atmospheric Administration
property in Norfolk, Virginia.
Sec. 5946. Other matters.
Sec. 5947. Enhancing transparency on international agreements and non-
binding instruments.
Sec. 5948. Ukraine Invasion War Crimes Deterrence and Accountability
Act.
Sec. 5949. Prohibition on certain semiconductor products and services.
DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023
Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.
Sec. 6003. Explanatory statement.
TITLE LXI--INTELLIGENCE ACTIVITIES
Sec. 6101. Authorization of appropriations.
Sec. 6102. Classified Schedule of Authorizations.
Sec. 6103. Intelligence Community Management Account.
Sec. 6104. Restriction on conduct of intelligence activities.
Sec. 6105. Increase in employee compensation and benefits authorized by
law.
TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM
Sec. 6201. Authorization of appropriations.
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 6301. Modification of requirements for certain employment
activities by former intelligence officers
and employees.
Sec. 6302. Counterintelligence and national security protections for
intelligence community grant funding.
Sec. 6303. Extension of Central Intelligence Agency law enforcement
jurisdiction to facilities of Office of
Director of National Intelligence.
Sec. 6304. Annual reports on status of recommendations of Comptroller
General of the United States for the
Director of National Intelligence.
Sec. 6305. Timely submission of classified intelligence budget
justification materials.
Sec. 6306. Copyright protection for civilian faculty of the National
Intelligence University.
Sec. 6307. Modifications to Foreign Malign Influence Response Center.
Sec. 6308. Requirement to offer cyber protection support for personnel
of intelligence community in positions
highly vulnerable to cyber attack.
Sec. 6309. Enforcement of cybersecurity requirements for national
security systems.
Sec. 6310. Review and briefing on intelligence community activities
under Executive Order 12333.
Sec. 6311. Assessing intelligence community open-source support for
export controls and foreign investment
screening.
Sec. 6312. Annual training requirement and report regarding analytic
standards.
Sec. 6313. Review of Joint Intelligence Community Council.
Sec. 6314. Required policy for minimum insider threat standards.
Sec. 6315. Unfunded priorities of the intelligence community.
Sec. 6316. Submission of covered documents and classified annexes.
Sec. 6317. Improvements to program on recruitment and training.
Sec. 6318. Measures to mitigate counterintelligence threats from
proliferation and use of foreign commercial
spyware.
Sec. 6319. Personnel vetting performance measures.
Sec. 6320. Proactive cybersecurity.
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 6401. Modifications to responsibilities and authorities of
Director of National Intelligence.
Sec. 6402. Annual submission to Congress of National Intelligence
Priorities Framework.
Sec. 6403. Disposition of records of Office of the Director of National
Intelligence.
Subtitle B--Central Intelligence Agency
Sec. 6411. Clarification regarding protection of Central Intelligence
Agency functions.
Sec. 6412. Expansion of reporting requirements relating to authority to
pay personnel of Central Intelligence
Agency for certain injuries to the brain.
Sec. 6413. Historical Advisory Panel of Central Intelligence Agency.
Sec. 6414. Authority of Central Intelligence Agency to provide
protection for certain personnel.
Sec. 6415. Notification of use of certain expenditure authorities.
Sec. 6416. Office supporting Central Intelligence Agency workforce
wellbeing.
Subtitle C--Elements of the Defense Intelligence Enterprise
Sec. 6421. Inclusion of Space Force as element of intelligence
community.
Sec. 6422. Oversight of Defense Intelligence Agency culture.
Subtitle D--Other Elements
Sec. 6431. Modification of advisory board in National Reconnaissance
Office.
Sec. 6432. Establishment of advisory board for National Geospatial-
Intelligence Agency.
Sec. 6433. Elevation of the commercial and business operations office
of the National Geospatial-Intelligence
Agency.
Sec. 6435. Study on personnel under Strategic Intelligence Partnership
Program.
Sec. 6436. Briefing on coordination between intelligence community and
Bureau of Industry and Security.
TITLE LXV--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Intelligence Matters Relating to the People's Republic of
China
Sec. 6501. Report on wealth and corrupt activities of the leadership of
the Chinese Communist Party.
Sec. 6502. Identification and threat assessment of companies with
investments by the People's Republic of
China.
Sec. 6503. Intelligence community working group for monitoring the
economic and technological capabilities of
the People's Republic of China.
Sec. 6504. Annual report on concentrated reeducation camps in the
Xinjiang Uyghur Autonomous Region of the
People's Republic of China.
Sec. 6505. Assessments of production of semiconductors by the People's
Republic of China.
Subtitle B--Miscellaneous Authorities, Requirements, and Limitations
Sec. 6511. Notice of deployment or transfer of containerized missile
systems by Russia, China, or Iran.
Sec. 6512. Intelligence community coordinator for Russian atrocities
accountability.
Sec. 6513. Lead intelligence community coordinator for countering and
neutralizing proliferation of Iran-origin
unmanned aircraft systems.
Sec. 6514. Collaboration between intelligence community and Department
of Commerce to counter foreign commercial
threats.
Sec. 6515. Intelligence assessment on foreign weaponization of
advertisement technology data.
Sec. 6516. Intelligence community assessment regarding Russian gray
zone assets.
Subtitle C--Reports and Other Matters
Sec. 6521. Report on assessing will to fight.
Sec. 6522. Report on threat from hypersonic weapons.
Sec. 6523. Report on ordnance of Russia and China.
Sec. 6524. Report on activities of China and Russia targeting Latin
America and the Caribbean.
Sec. 6525. Report on support provided by China to Russia.
Sec. 6526. Report on global CCP financing of port infrastructure.
Sec. 6527. Sense of Congress on provision of support by intelligence
community for atrocity prevention and
accountability.
TITLE LXVI--INTELLIGENCE COMMUNITY WORKFORCE MATTERS
Sec. 6601. Improving onboarding of personnel in intelligence community.
Sec. 6602. Report on legislative action required to implement Trusted
Workforce 2.0 initiative.
Sec. 6603. Inspector General of the Intelligence Community assessment
of administration of polygraphs in
intelligence community.
Sec. 6604. Timeliness in the administration of polygraphs.
Sec. 6605. Policy on submittal of applications for access to classified
information for certain personnel.
Sec. 6606. Technical correction regarding Federal policy on sharing of
covered insider threat information.
Sec. 6607. Inspector General of the Intelligence Community report on
use of space certified as sensitive
compartmented information facilities.
Sec. 6608. Improving prohibition of certain personnel practices in
intelligence community with respect to
contractor employees.
Sec. 6609. Definitions regarding whistleblower complaints and
information of urgent concern received by
inspectors general of the intelligence
community.
TITLE LXVII--MATTERS RELATING TO EMERGING TECHNOLOGIES
Subtitle A--General Matters
Sec. 6701. Definitions.
Sec. 6702. Additional responsibilities of Director of National
Intelligence for artificial intelligence
policies, standards, and guidance for the
intelligence community.
Sec. 6703. Director of Science and Technology.
Sec. 6704. Intelligence Community Chief Data Officer.
Subtitle B--Improvements Relating to Procurement
Sec. 6711. Additional transaction authority.
Sec. 6712. Implementation plan and advisability study for offices of
commercial integration.
Sec. 6713. Pilot program on designated emerging technology transition
projects.
Sec. 6714. Harmonization of authorizations to operate.
Sec. 6715. Plan to expand sensitive compartmented information facility
access by certain contractors; reports on
expansion of security clearances for
certain contractors.
Sec. 6716. Compliance by intelligence community with requirements of
Federal Acquisition Regulation relating to
commercially available off-the-shelf items
and commercial services.
Sec. 6717. Policy on required user adoption metrics in certain
contracts for artificial intelligence and
emerging technology software products.
Sec. 6718. Certification relating to information technology and
software systems.
Subtitle C--Reports
Sec. 6721. Reports on integration of artificial intelligence within
intelligence community.
Sec. 6722. Report on potential benefits of establishment of ICWERX.
Sec. 6723. Requirements and report on workforce needs of intelligence
community relating to science, technology,
engineering, and math, and related areas.
Subtitle D--Talent, Education, and Training
Sec. 6731. Report on establishment of technology acquisition cadre.
Sec. 6732. Emerging technology education and training.
Subtitle E--Other Matters
Sec. 6741. Improvements to use of commercial software products.
Sec. 6742. Code-free artificial intelligence enablement tools policy.
TITLE LXVIII--OTHER MATTERS
Sec. 6801. Improvements relating to continuity of Privacy and Civil
Liberties Oversight Board membership.
Sec. 6802. Modification of requirement for office to address
unidentified anomalous phenomena.
Sec. 6803. Comptroller General of the United States audits and
briefings on unidentified anomalous
phenomena historical record report.
Sec. 6804. Report on precursor chemicals used in the production of
synthetic opioids.
Sec. 6805. Assessment and report on mass migration in the Western
Hemisphere.
Sec. 6806. Report on international norms, rules, and principles
applicable in space.
Sec. 6807. Assessments of the effects of sanctions imposed with respect
to the Russian Federation's invasion of
Ukraine.
Sec. 6808. Assessment of impact of Russia's invasion of Ukraine on food
security.
Sec. 6809. Pilot program for Director of Federal Bureau of
Investigation to undertake an effort to
identify International Mobile Subscriber
Identity-catchers.
Sec. 6810. Department of State Bureau of Intelligence and Research
assessment of anomalous health incidents.
Sec. 6811. Repeal and modification of certain reporting and briefing
requirements.
Sec. 6812. Increased intelligence-related engineering, research, and
development capabilities of minority
institutions.
Sec. 6813. Reports on personnel vetting processes and progress under
Trusted Workforce 2.0 initiative.
Sec. 6814. Reports relating to programs of record of National
Geospatial-Intelligence Agency.
Sec. 6815. Plan regarding Social Media Data and Threat Analysis Center.
Sec. 6816. Report on use of publicly available social media information
in personnel vetting determinations.
Sec. 6817. Report on strengthening workforce diversity planning and
oversight.
Sec. 6818. Report on transition of National Reconnaissance Office to
digital engineering environment.
Sec. 6819. Briefing on Department of Homeland Security intelligence
activities.
Sec. 6820. Report on declassification efforts of Central Intelligence
Agency.
Sec. 6821. Report on National Space Intelligence Center.
Sec. 6822. Report on implementation of Executive Order 13556, regarding
controlled unclassified information.
Sec. 6823. National Museum of Intelligence and Special Operations.
Sec. 6824. Technical corrections.
DIVISION G--HOMELAND SECURITY
TITLE LXXI--HOMELAND SECURITY MATTERS
Subtitle A--Strengthening Security in Our Communities
Sec. 7101. Enhancements to funding and administration of Nonprofit
Security Grant Program of the Department of
Homeland Security.
Sec. 7102. Preservation of homeland security capabilities.
Sec. 7103. School and daycare protection.
Sec. 7104. Cybersecurity grants for schools.
Sec. 7105. Transnational Criminal Investigative Unit Stipend.
Sec. 7106. Chemical Security Analysis Center.
Subtitle B--Strengthening DHS Management, Policymaking, and Operations
Sec. 7111. Joint Task Forces of the Department of Homeland Security.
Sec. 7112. Homeland Procurement Reform Act.
Sec. 7113. Daily public report of covered contract awards.
Sec. 7114. Preference for United States industry.
Sec. 7115. Department of Homeland Security mentor-protege program.
Sec. 7116. DHS economic security council.
Subtitle C--Enhancing Cybersecurity Training and Operations
Sec. 7121. President's Cup Cybersecurity Competition.
Sec. 7122. Industrial control systems cybersecurity training.
Sec. 7123. National Computer Forensics Institute reauthorization.
Sec. 7124. Report on cybersecurity roles and responsibilities of the
Department of Homeland Security.
Subtitle D--Enhancing Transportation and Border Security Operations
Sec. 7131. TSA reaching across nationalities, societies, and languages
to advance traveler education.
Sec. 7132. One-stop pilot program.
Sec. 7133. Report on efforts of the Department of Homeland Security to
deter vehicular terrorist attacks (Darren
Drake).
Sec. 7134. DHS illicit cross-border tunnel defense.
Sec. 7135. Providing training for U.S. Customs and Border Protection
personnel on the use of containment devices
to prevent secondary exposure to fentanyl
and other potentially lethal substances.
Sec. 7136. Reports, evaluations, and research regarding drug
interdiction at and between ports of entry.
Subtitle E--Technical Corrections, Conforming Changes, and Improvements
Sec. 7141. Quadrennial homeland security review technical corrections.
Sec. 7142. Technical, conforming, and clerical amendments.
Sec. 7143. CISA technical corrections and improvements.
TITLE LXXII--GOVERNMENTAL AFFAIRS
Subtitle A--Intragovernmental Cybersecurity Information Sharing Act
Sec. 7201. Requirement for information sharing agreements.
Subtitle A--Improving Government for America's Taxpayers
Sec. 7211. Government Accountability Office unimplemented priority
recommendations.
Subtitle B--Advancing American AI Act
Sec. 7221. Short title.
Sec. 7222. Purposes.
Sec. 7223. Definitions.
Sec. 7224. Principles and policies for use of artificial intelligence
in Government.
Sec. 7225. Agency inventories and artificial intelligence use cases.
Sec. 7226. Rapid pilot, deployment and scale of applied artificial
intelligence capabilities to demonstrate
modernization activities related to use
cases.
Sec. 7227. Enabling entrepreneurs and agency missions.
Sec. 7228. Intelligence community exception.
Subtitle C--Strategic EV Management
Sec. 7231. Short Title.
Sec. 7232. Definitions.
Sec. 7233. Strategic guidance.
Sec. 7234. Study of Federal fleet vehicles.
Subtitle D--Congressionally Mandated Reports
Sec. 7241. Short title.
Sec. 7242. Definitions.
Sec. 7243. Establishment of online portal for congressionally mandated
reports.
Sec. 7244. Federal agency responsibilities.
Sec. 7245. Changing or removing reports.
Sec. 7246. Withholding of information.
Sec. 7247. Implementation.
Sec. 7248. Determination of budgetary effects.
TITLE LXXIII--TRANSPORTATION AND INFRASTRUCTURE MATTERS
Subtitle A--Global Catastrophic Risk Management Act of 2022
Sec. 7301. Short title.
Sec. 7302. Definitions.
Sec. 7303. Assessment of global catastrophic risk.
Sec. 7304. Report required.
Sec. 7305. Enhanced catastrophic incident annex.
Sec. 7306. Validation of the strategy through an exercise.
Sec. 7307. Recommendations.
Sec. 7308. Reporting requirements.
Sec. 7309. Rules of construction.
Subtitle B--Technological Hazards Preparedness and Training
Sec. 7311. Short title.
Sec. 7312. Definitions.
Sec. 7313. Assistance and training for communities with technological
hazards and related emerging threats.
Sec. 7314. Authorization of appropriations.
Sec. 7315. Savings provision.
Subtitle C--Other Matters
Sec. 7321. Crisis counseling assistance and training.
DIVISION H--WATER RESOURCES
TITLE LXXXI--WATER RESOURCES DEVELOPMENT ACT OF 2022
Sec. 8001. Short title; table of contents.
Sec. 8002. Secretary defined.
Subtitle A--General Provisions
Sec. 8101. Federal breakwaters and jetties.
Sec. 8102. Emergency response to natural disasters.
Sec. 8103. Shoreline and riverbank protection and restoration mission.
Sec. 8104. Floodplain management services.
Sec. 8105. Public recreational amenities in ecosystem restoration
projects.
Sec. 8106. Scope of feasibility studies.
Sec. 8107. Water supply conservation.
Sec. 8108. Managed aquifer recharge study and working group.
Sec. 8109. Updates to certain water control manuals.
Sec. 8110. National coastal mapping study.
Sec. 8111. Tribal partnership program.
Sec. 8112. Tribal Liaison.
Sec. 8113. Tribal assistance.
Sec. 8114. Cost sharing provisions for the territories and Indian
Tribes.
Sec. 8115. Tribal and Economically Disadvantaged Communities Advisory
Committee.
Sec. 8116. Workforce planning.
Sec. 8117. Corps of Engineers support for underserved communities;
outreach.
Sec. 8118. Pilot programs for certain communities.
Sec. 8119. Technical assistance.
Sec. 8120. Technical assistance for levee inspections.
Sec. 8121. Assessment of Corps of Engineers levees.
Sec. 8122. National low-head dam inventory.
Sec. 8123. Expediting hydropower at Corps of Engineers facilities.
Sec. 8124. Reserve component training at water resources development
projects.
Sec. 8125. Payment of pay and allowances of certain officers from
appropriation for improvements.
Sec. 8126. Maintenance dredging permits.
Sec. 8127. Environmental dredging.
Sec. 8128. Assessment of regional confined aquatic disposal facilities.
Sec. 8129. Studies for periodic nourishment.
Sec. 8130. Beneficial use of dredged material; management plans.
Sec. 8131. Criteria for funding operation and maintenance of small,
remote, and subsistence harbors.
Sec. 8132. Additional projects for underserved community harbors.
Sec. 8133. Inland waterways regional dredge pilot program.
Sec. 8134. NEPA reporting.
Sec. 8135. Funding to process permits.
Sec. 8136. Lease durations.
Sec. 8137. Reforestation.
Sec. 8138. Emergency streambank and shoreline protection.
Sec. 8139. Lease deviations.
Sec. 8140. Policy and technical standards.
Sec. 8141. Corps records relating to harmful algal blooms in Lake
Okeechobee, Florida.
Sec. 8142. Forecasting models for the Great Lakes.
Sec. 8143. Monitoring and assessment program for saline lakes in the
Great Basin.
Sec. 8144. Chattahoochee River program.
Sec. 8145. Lower Mississippi River Basin demonstration program.
Sec. 8146. Washington Aqueduct.
Sec. 8147. Water infrastructure public-private partnership pilot
program.
Sec. 8148. Advance payment in lieu of reimbursement for certain Federal
costs.
Sec. 8149. Use of other Federal funds.
Sec. 8150. Non-Federal Interest Advisory Committee.
Sec. 8151. Materials, services, and funds for repair, restoration, or
rehabilitation of certain public recreation
facilities.
Sec. 8152. Rehabilitation of pump stations.
Sec. 8153. Report to Congress on Corps of Engineers reservoirs.
Sec. 8154. Temporary relocation assistance pilot program.
Sec. 8155. Continuation of construction.
Sec. 8156. Federal interest determination.
Sec. 8157. Inland waterway projects.
Sec. 8158. Corps of Engineers Western Water Cooperative Committee.
Sec. 8159. Support of Army civil works missions.
Sec. 8160. Civil works research and development.
Sec. 8161. Sense of Congress on operations and maintenance of
recreation sites.
Sec. 8162. Sense of Congress relating to post-disaster repairs.
Subtitle B--Studies and Reports
Sec. 8201. Authorization of proposed feasibility studies.
Sec. 8202. Expedited completion.
Sec. 8203. Expedited modifications of existing feasibility studies.
Sec. 8204. Corps of Engineers reservoir sedimentation assessment.
Sec. 8205. Report and recommendations on dredge capacity.
Sec. 8206. Assessment of impacts from changing operation and
maintenance responsibilities.
Sec. 8207. Maintenance dredging data.
Sec. 8208. Western infrastructure study.
Sec. 8209. Recreation and economic development at Corps facilities in
Appalachia.
Sec. 8210. Ouachita River watershed, Arkansas and Louisiana.
Sec. 8211. Report on Santa Barbara streams, Lower Mission Creek,
California.
Sec. 8212. Disposition study on Salinas Dam and Reservoir, California.
Sec. 8213. Excess lands report for Whittier Narrows Dam, California.
Sec. 8214. Comprehensive central and southern Florida study.
Sec. 8215. Northern estuaries ecosystem restoration, Florida.
Sec. 8216. Study on shellfish habitat and seagrass, Florida Central
Gulf Coast.
Sec. 8217. Report on South Florida ecosystem restoration plan
implementation.
Sec. 8218. Great Lakes recreational boating.
Sec. 8219. Hydraulic evaluation of Upper Mississippi River and Illinois
River.
Sec. 8220. Disposition study on hydropower in the Willamette Valley,
Oregon.
Sec. 8221. Houston Ship Channel Expansion Channel Improvement Project,
Texas.
Sec. 8222. Sabine-Neches waterway navigation improvement project,
Texas.
Sec. 8223. Norfolk Harbor and Channels, Virginia.
Sec. 8224. Coastal Virginia, Virginia.
Sec. 8225. West Virginia hydropower.
Sec. 8226. Electronic preparation and submission of applications.
Sec. 8227. Investments for recreation areas.
Sec. 8228. Automated fee machines.
Sec. 8229. Review of recreational hazards.
Sec. 8230. Assessment of coastal flooding mitigation modeling and
testing capacity.
Sec. 8231. Report on socially and economically disadvantaged small
business concerns.
Sec. 8232. Report on solar energy opportunities.
Sec. 8233. Report to Congress on economic valuation of preservation of
open space, recreational areas, and habitat
associated with project lands.
Sec. 8234. Report on corrosion prevention activities.
Sec. 8235. Report to Congress on easements related to water resources
development projects.
Sec. 8236. GAO studies.
Sec. 8237. Assessment of forest, rangeland, and watershed restoration
services on lands owned by the Corps of
Engineers.
Subtitle C--Deauthorizations and Modifications
Sec. 8301. Deauthorization of inactive projects.
Sec. 8302. Watershed and river basin assessments.
Sec. 8303. Forecast-informed reservoir operations.
Sec. 8304. Lakes program.
Sec. 8305. Invasive species.
Sec. 8306. Maintenance of navigation channels.
Sec. 8307. Project reauthorizations.
Sec. 8308. Special rule for certain beach nourishment projects.
Sec. 8309. Columbia River Basin.
Sec. 8310. Evaluation of hydrologic changes in Souris River Basin.
Sec. 8311. Acequias irrigation systems.
Sec. 8312. Port of Nome, Alaska.
Sec. 8313. St. George, Alaska.
Sec. 8314. Unalaska (Dutch Harbor) Channels, Alaska.
Sec. 8315. Storm damage prevention and reduction, coastal erosion, and
ice and glacial damage, Alaska.
Sec. 8316. St. Francis Lake Control Structure.
Sec. 8317. South Platte River and Tributaries, Adams and Denver
Counties, Colorado.
Sec. 8318. Fruitvale Avenue Railroad Bridge, Alameda, California.
Sec. 8319. Los Angeles County, California.
Sec. 8320. Deauthorization of designated portions of the Los Angeles
County Drainage Area, California.
Sec. 8321. Murrieta Creek, California.
Sec. 8322. Sacramento River Basin, California.
Sec. 8323. San Diego River and Mission Bay, San Diego County,
California.
Sec. 8324. Additional assistance for Eastern Santa Clara Basin,
California.
Sec. 8325. San Francisco Bay, California.
Sec. 8326. South San Francisco Bay Shoreline, California.
Sec. 8327. Delaware shore protection and restoration.
Sec. 8328. St. Johns River Basin, Central and Southern Florida.
Sec. 8329. Little Pass, Clearwater Bay, Florida.
Sec. 8330. Comprehensive Everglades Restoration Plan, Florida.
Sec. 8331. Palm Beach Harbor, Florida.
Sec. 8332. Port Everglades, Florida.
Sec. 8333. South Florida Ecosystem Restoration Task Force.
Sec. 8334. New Savannah Bluff Lock and Dam, Georgia and South Carolina.
Sec. 8335. Little Wood River, Gooding, Idaho.
Sec. 8336. Chicago shoreline protection.
Sec. 8337. Great Lakes and Mississippi River Interbasin project,
Brandon Road, Will County, Illinois.
Sec. 8338. Southeast Des Moines, Southwest Pleasant Hill, Iowa.
Sec. 8339. City of El Dorado, Kansas.
Sec. 8340. Algiers Canal Levees, Louisiana.
Sec. 8341. Mississippi River Gulf Outlet, Louisiana.
Sec. 8342. Camp Ellis, Saco, Maine.
Sec. 8343. Lower Mississippi River comprehensive management study.
Sec. 8344. Upper Mississippi River protection.
Sec. 8345. Upper Mississippi River restoration program.
Sec. 8346. Water level management on the Upper Mississippi River and
Illinois Waterway.
Sec. 8347. Mississippi Delta Headwaters, Mississippi.
Sec. 8348. Sense of Congress relating to Okatibbee Lake, Mississippi.
Sec. 8349. Argentine, East Bottoms, Fairfax-Jersey Creek, and North
Kansas Levees units, Missouri River and
tributaries at Kansas Cities, Missouri and
Kansas.
Sec. 8350. Lower Missouri River streambank erosion control evaluation
and demonstration projects.
Sec. 8351. Missouri River interception-rearing complexes.
Sec. 8352. Missouri River mitigation project, Missouri, Kansas, Iowa,
and Nebraska.
Sec. 8353. Northern Missouri.
Sec. 8354. Israel River, Lancaster, New Hampshire.
Sec. 8355. Middle Rio Grande flood protection, Bernalillo to Belen, New
Mexico.
Sec. 8356. Ecosystem restoration, Hudson-Raritan Estuary, New York and
New Jersey.
Sec. 8357. Arkansas River corridor, Oklahoma.
Sec. 8358. Copan Lake, Oklahoma.
Sec. 8359. Southwestern Oregon.
Sec. 8360. Yaquina River, Oregon.
Sec. 8361. Lower Blackstone River, Rhode Island.
Sec. 8362. Charleston Harbor, South Carolina.
Sec. 8363. Colleton County, South Carolina.
Sec. 8364. Ensley levee, Tennessee.
Sec. 8365. Wolf River Harbor, Tennessee.
Sec. 8366. Addicks and Barker Reservoirs, Texas.
Sec. 8367. North Padre Island, Corpus Christi Bay, Texas.
Sec. 8368. Nueces County, Texas.
Sec. 8369. Lake Champlain Canal, Vermont and New York.
Sec. 8370. Rehabilitation of Corps of Engineers constructed dams.
Sec. 8371. Puget Sound nearshore ecosystem restoration, Washington.
Sec. 8372. Lower Mud River, Milton, West Virginia.
Sec. 8373. Northern West Virginia.
Sec. 8374. Southern West Virginia.
Sec. 8375. Environmental infrastructure.
Sec. 8376. Additional assistance for critical projects.
Sec. 8377. Conveyances.
Sec. 8378. Land transfer and trust land for Choctaw Nation of Oklahoma.
Sec. 8379. John P. Murtha Locks and Dam.
Sec. 8380. Treatment of certain benefits and costs.
Sec. 8381. Debris removal.
Sec. 8382. General reauthorizations.
Sec. 8383. Transfer of excess credit.
Sec. 8384. Treatment of credit between projects.
Sec. 8385. Non-Federal payment flexibility.
Sec. 8386. Coastal community flood control and other purposes.
Sec. 8387. National levee safety program.
Sec. 8388. Surplus water contracts and water storage agreements.
Sec. 8389. Water supply storage repair, rehabilitation, and replacement
costs.
Sec. 8390. Abandoned and inactive noncoal mine restoration.
Sec. 8391. Asian carp prevention and control pilot program.
Sec. 8392. Enhanced development program.
Sec. 8393. Recreational opportunities at certain projects.
Sec. 8394. Federal assistance.
Sec. 8395. Mississippi River mat sinking unit.
Sec. 8396. Sense of Congress on lease agreement.
Sec. 8397. Expedited completion of projects and studies.
Subtitle D--Water Resources Infrastructure
Sec. 8401. Project authorizations.
Sec. 8402. Special rules.
Sec. 8403. Facility investment.
TITLE LXXXV--CLEAN WATER
Sec. 8501. Regional water programs.
Sec. 8502. Nonpoint source management programs.
Sec. 8503. Wastewater assistance to colonias.
DIVISION I--DEPARTMENT OF STATE AUTHORIZATIONS
Sec. 9001. Short title.
Sec. 9002. Definitions.
TITLE XCI--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
Sec. 9101. Modernizing the Bureau of Arms Control, Verification, and
Compliance and the Bureau of International
Security and Nonproliferation.
Sec. 9102. Notification to Congress for United States nationals
unlawfully or wrongfully detained abroad.
Sec. 9103. Family Engagement Coordinator.
Sec. 9104. Rewards for Justice.
Sec. 9105. Ensuring geographic diversity and accessibility of passport
agencies.
Sec. 9106. Cultural Antiquities Task Force.
Sec. 9107. Office of Sanctions Coordination.
Sec. 9108. Sense of Congress and strategic plan regarding the
Department of State's Unit for Subnational
Diplomacy.
TITLE XCII--PERSONNEL ISSUES
Sec. 9201. Department of State paid Student Internship Program.
Sec. 9202. Improvements to the prevention of, and the response to,
harassment, discrimination, sexual assault,
and related retaliation.
Sec. 9203. Increasing the maximum amount authorized for science and
technology fellowship grants and
cooperative agreements.
Sec. 9204. Additional personnel to address backlogs in hiring and
investigations.
Sec. 9205. Foreign affairs training.
Sec. 9206. Facilitation and encouragement of training and professional
development for Foreign Service and Civil
Service personnel.
Sec. 9207. Security clearance approval process.
Sec. 9208. Addendum for study on foreign service allowances.
Sec. 9209. Curtailments, removals from post, and waivers of privileges
and immunities.
Sec. 9210. Report on worldwide availability.
Sec. 9211. Professional development.
Sec. 9212. Management assessments at diplomatic and consular posts.
Sec. 9213. Independent review of promotion policies.
Sec. 9214. Third party verification of permanent change of station
(PCS) orders.
Sec. 9215. Post-employment restrictions on Senate-confirmed officials
at the Department of State.
Sec. 9216. Expansion of authorities regarding special rules for certain
monthly workers' compensation payments and
other payments.
Sec. 9217. Report on pilot program for lateral entry into the Foreign
Service.
Sec. 9218. Report on changes to the Foreign Service Officer test.
Sec. 9219. Dignity for people with disabilities serving in the Foreign
Service.
Sec. 9220. Expanding scope of fellowship programs to include civil
servants.
TITLE XCIII--EMBASSY SECURITY AND CONSTRUCTION
Sec. 9301. Amendments to Secure Embassy Construction and
Counterterrorism Act of 1999.
Sec. 9302. Diplomatic support and security.
Sec. 9303. Establishment of United States embassies in Solomon Islands,
Kiribati, and Tonga and a diplomatic
presence in Vanuatu.
TITLE XCIV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
Sec. 9401. Report on barriers to applying for employment with the
Department of State.
Sec. 9402. Collection, analysis, and dissemination of workforce data.
Sec. 9403. Centers of Excellence in Foreign Affairs and Assistance.
Sec. 9404. Promoting transparency and accountability in the Department
of State workforce.
Sec. 9405. Rule of construction.
TITLE XCV--INFORMATION SECURITY AND CYBER DIPLOMACY
Sec. 9501. United States international cyberspace policy.
Sec. 9502. Bureau of Cyberspace and Digital Policy.
Sec. 9503. International cyberspace and digital policy strategy.
Sec. 9504. Government Accountability Office report on cyber diplomacy.
Sec. 9505. Report on diplomatic programs to detect and respond to cyber
threats against allies and partners.
Sec. 9506. Cybersecurity recruitment and retention.
Sec. 9507. Short course on emerging technologies for senior officials.
Sec. 9508. Establishment and expansion of Regional Technology Officer
Program.
Sec. 9509. Vulnerability disclosure policy and bug bounty program
report.
TITLE XCVI--PUBLIC DIPLOMACY
Sec. 9601. United States participation in international fairs and
expositions.
Sec. 9602. Under Secretary for Public Diplomacy and Public Affairs.
Sec. 9603. Report on public diplomacy.
Sec. 9604. Promoting peace, education, and cultural exchange through
music diplomacy.
TITLE XCVII--OTHER MATTERS
Sec. 9701. Supporting the employment of United States citizens by
international organizations.
Sec. 9702. Increasing housing availability for certain employees
assigned to the United States Mission to
the United Nations.
Sec. 9703. Limitation on United States contributions to peacekeeping
operations not authorized by the United
Nations Security Council.
Sec. 9704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia,
the Middle East Broadcasting Networks, and
the Open Technology Fund.
Sec. 9705. Broadcasting entities no longer required to consolidate into
a single private, nonprofit corporation.
Sec. 9706. International broadcasting activities.
Sec. 9707. Global internet freedom.
Sec. 9708. Arms Export Control Act alignment with the Export Control
Reform Act.
Sec. 9709. Increasing the maximum annual lease payment available
without approval by the Secretary.
Sec. 9710. Report on United States access to critical mineral resources
abroad.
Sec. 9711. Overseas United States strategic infrastructure development
projects.
Sec. 9712. Provision of parking services and retention of parking fees.
Sec. 9713. Diplomatic reception areas.
Sec. 9714. Return of supporting documents for passport applications
through United States Postal Service
certified mail.
Sec. 9715. Report on distribution of personnel and resources related to
ordered departures and post closures.
Sec. 9716. Elimination of obsolete reports.
Sec. 9717. Locality pay for Federal employees working overseas under
Domestic Employee Teleworking Overseas
agreements.
Sec. 9718. Report on countering the activities of malign actors.
TITLE XCVIII--EXTENSION OF AUTHORITIES
Sec. 9801. Diplomatic facilities.
Sec. 9802. Extension of existing authorities.
Sec. 9803. Commission on Reform and Modernization of the Department of
State.
DIVISION J--OCEANS AND ATMOSPHERE
Sec. 10000. Table of contents.
TITLE C--CORAL REEF CONSERVATION
Subtitle A--Reauthorization of Coral Reef Conservation Act of 2000
Sec. 10001. Reauthorization of Coral Reef Conservation Act of 2000.
Subtitle B--United States Coral Reef Task Force
Sec. 10011. Establishment.
Sec. 10012. Duties.
Sec. 10013. Membership.
Sec. 10014. Responsibilities of Federal agency members.
Sec. 10015. Working groups.
Sec. 10016. Definitions.
Subtitle C--Department of the Interior Coral Reef Authorities
Sec. 10021. Coral reef conservation and restoration assistance.
Subtitle D--Susan L. Williams National Coral Reef Management Fellowship
Sec. 10031. Susan L. Williams National Coral Reef Management
Fellowship.
TITLE CI--BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE
GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
Sec. 10101. Purpose.
Sec. 10102. Definitions.
Sec. 10103. Workforce study.
Sec. 10104. Accelerating innovation at Cooperative Institutes.
Sec. 10105. Blue Economy valuation.
Sec. 10106. No additional funds authorized.
TITLE CII--REGIONAL OCEAN PARTNERSHIPS
Sec. 10201. Findings; purposes.
Sec. 10202. Regional Ocean Partnerships.
TITLE CIII--NATIONAL OCEAN EXPLORATION
Sec. 10301. Findings.
Sec. 10302. Definitions.
Sec. 10303. Ocean Policy Committee.
Sec. 10304. National Ocean Mapping, Exploration, and Characterization
Council.
Sec. 10305. Modifications to the ocean exploration program of the
National Oceanic and Atmospheric
Administration.
Sec. 10306. Repeal.
Sec. 10307. Modifications to ocean and coastal mapping program of the
National Oceanic and Atmospheric
Administration.
Sec. 10308. Modifications to Hydrographic Services Improvement Act of
1998.
TITLE CIV--MARINE MAMMAL RESEARCH AND RESPONSE
Sec. 10401. Data collection and dissemination.
Sec. 10402. Stranding or entanglement response agreements.
Sec. 10403. Unusual mortality event activity funding.
Sec. 10404. Liability.
Sec. 10405. National Marine Mammal Tissue Bank and tissue analysis.
Sec. 10406. Marine Mammal Rescue and Response Grant Program and Rapid
Response Fund.
Sec. 10407. Health MAP.
Sec. 10408. Reports to Congress.
Sec. 10409. Authorization of appropriations.
Sec. 10410. Definitions.
Sec. 10411. Study on marine mammal mortality.
TITLE CV--VOLCANIC ASH AND FUMES
Sec. 10501. Modifications to National Volcano Early Warning and
Monitoring System.
TITLE CVI--LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS
Sec. 10601. Learning excellence and good examples from new developers.
DIVISION K--DON YOUNG COAST GUARD AUTHORIZATION ACT OF 2022
Sec. 11001. Short title; table of contents.
Sec. 11002. Definitions.
Sec. 11003. Rule of construction.
TITLE CXI--AUTHORIZATIONS
Sec. 11101. Authorization of appropriations.
Sec. 11102. Authorized levels of military strength and training.
Sec. 11103. Authorization for certain programs and services.
Sec. 11104. Availability of amounts for acquisition of additional
vessels.
Sec. 11105. Shoreside infrastructure and facilities.
Sec. 11106. Coast Guard yard resilient infrastructure and construction
improvement.
TITLE CXII--COAST GUARD
Subtitle A--Infrastructure and Assets
Sec. 11201. Report on shoreside infrastructure and facilities projects.
Sec. 11202. Report and briefing on resourcing strategy for Western
Pacific region.
Sec. 11203. Study and report on national security and drug trafficking
threats in Florida Straits, Cuba, and
Caribbean region.
Sec. 11204. Coast Guard Yard.
Sec. 11205. Authority to enter into transactions other than contracts
and grants to procure cost-effective
technology for mission needs.
Sec. 11206. Improvements to infrastructure and operations planning.
Sec. 11207. Aqua alert notification system pilot program.
Sec. 11208. Pilot project for enhancing Coast Guard cutter readiness
through condition-based maintenance.
Sec. 11209. Study on laydown of Coast Guard Cutters.
Sec. 11210. Acquisition life-cycle cost estimates.
Sec. 11211. Disposition of infrastructure related to E-LORAN.
Subtitle B--Great Lakes
Sec. 11212. Great Lakes winter commerce.
Sec. 11213. Database on icebreaking operations in Great Lakes.
Sec. 11214. Center of expertise for Great Lakes oil spill search and
response.
Sec. 11215. Great Lakes snowmobile acquisition plan.
Sec. 11216. Great Lakes barge inspection exemption.
Sec. 11217. Study on sufficiency of Coast Guard aviation assets to meet
mission demands.
Subtitle C--Arctic
Sec. 11218. Establishment of medium icebreaker program office.
Sec. 11219. Arctic activities.
Sec. 11220. Study on Arctic operations and infrastructure.
Sec. 11221. Pribilof Island transition completion actions.
Sec. 11222. Report on shipyards of Finland and Sweden.
Sec. 11223. Acquisition of icebreaker.
Subtitle D--Maritime Cyber and Artificial Intelligence
Sec. 11224. Enhancing maritime cybersecurity.
Sec. 11225. Establishment of unmanned system program and autonomous
control and computer vision technology
project.
Sec. 11226. Artificial intelligence strategy.
Sec. 11227. Review of artificial intelligence applications and
establishment of performance metrics.
Sec. 11228. Cyber data management.
Sec. 11229. Data management.
Sec. 11230. Study on cyber threats to United States marine
transportation system.
Subtitle E--Aviation
Sec. 11231. Space-available travel on Coast Guard aircraft: program
authorization and eligible recipients.
Sec. 11232. Report on Coast Guard Air Station Barbers Point hangar.
Sec. 11233. Study on operational availability of Coast Guard aircraft
and strategy for Coast Guard Aviation.
Subtitle F--Workforce Readiness
Sec. 11234. Authorized strength.
Sec. 11235. Continuation of officers with certain critical skills on
active duty.
Sec. 11236. Number and distribution of officers on active duty
promotion list.
Sec. 11237. Career incentive pay for marine inspectors.
Sec. 11238. Expansion of ability for selection board to recommend
officers of particular merit for promotion.
Sec. 11239. Modification to education loan repayment program.
Sec. 11240. Retirement of Vice Commandant.
Sec. 11241. Report on resignation and retirement processing times and
denial.
Sec. 11242. Calculation of active service.
Sec. 11243. Physical Disability Evaluation System procedure review.
Sec. 11244. Expansion of authority for multirater assessments of
certain personnel.
Sec. 11245. Promotion parity.
Sec. 11246. Partnership program to diversify Coast Guard.
Sec. 11247. Expansion of Coast Guard Junior Reserve Officers' Training
Corps.
Sec. 11248. Improving representation of women and racial and ethnic
minorities among Coast Guard active-duty
members.
Sec. 11249. Strategy to enhance diversity through recruitment and
accession.
Sec. 11250. Support for Coast Guard Academy.
Sec. 11251. Training for congressional affairs personnel.
Sec. 11252. Strategy for retention of cuttermen.
Sec. 11253. Study on performance of Coast Guard Force Readiness
Command.
Sec. 11254. Study on frequency of weapons training for Coast Guard
personnel.
Subtitle G--Miscellaneous Provisions
Sec. 11255. Modification of prohibition on operation or procurement of
foreign-made unmanned aircraft systems.
Sec. 11256. Budgeting of Coast Guard relating to certain operations.
Sec. 11257. Report on San Diego maritime domain awareness.
Sec. 11258. Conveyance of Coast Guard vessels for public purposes.
Sec. 11259. National Coast Guard Museum funding plan.
Sec. 11260. Report on Coast Guard explosive ordnance disposal.
Sec. 11261. Transfer and conveyance.
Sec. 11262. Transparency and oversight.
Sec. 11263. Study on safety inspection program for containers and
facilities.
Sec. 11264. Operational data sharing capability.
Sec. 11265. Feasibility study on construction of Coast Guard station at
Port Mansfield.
Sec. 11266. Procurement of tethered aerostat radar system for Coast
Guard Station South Padre Island.
Sec. 11267. Prohibition on major acquisition contracts with entities
associated with Chinese Communist Party.
Sec. 11268. Review of drug interdiction equipment and standards;
testing for fentanyl during interdiction
operations.
Sec. 11269. Public availability of information on monthly migrant
interdictions.
Sec. 11270. Cargo waiting time reduction.
Sec. 11271. Study on Coast Guard oversight and investigations.
Subtitle H--Sexual Assault and Sexual Harassment Response and
Prevention
Sec. 11272. Administration of sexual assault forensic examination kits.
Sec. 11273. Policy on requests for permanent changes of station or unit
transfers by persons who report being the
victim of sexual assault.
Sec. 11274. Sex offenses and personnel records.
Sec. 11275. Study on Special Victims' Counsel program.
TITLE CXIII--ENVIRONMENT
Subtitle A--Marine Mammals
Sec. 11301. Definitions.
Sec. 11302. Assistance to ports to reduce impacts of vessel traffic and
port operations on marine mammals.
Sec. 11303. Near real-time monitoring and mitigation program for large
cetaceans.
Sec. 11304. Pilot program to establish a Cetacean Desk for Puget Sound
region.
Sec. 11305. Monitoring ocean soundscapes.
Subtitle B--Oil Spills
Sec. 11306. Report on changing salvors.
Sec. 11307. Limited indemnity provisions in standby oil spill response
contracts.
Sec. 11308. Improving oil spill preparedness.
Sec. 11309. Western Alaska oil spill planning criteria.
Sec. 11310. Coast Guard claims processing costs.
Sec. 11311. Calculation of interest on debt owed to national pollution
fund.
Sec. 11312. Per-incident limitation.
Sec. 11313. Access to Oil Spill Liability Trust Fund.
Sec. 11314. Cost-reimbursable agreements.
Sec. 11315. Oil spill response review.
Sec. 11316. Additional exceptions to regulations for towing vessels.
Sec. 11317. Port Coordination Council for Point Spencer.
Subtitle C--Environmental Compliance
Sec. 11318. Providing requirements for vessels anchored in established
anchorage grounds.
Sec. 11319. Study on impacts on shipping and commercial, Tribal, and
recreational fisheries from development of
renewable energy on West Coast.
Sec. 11320. Use of devices broadcasting on AIS for purposes of marking
fishing gear.
Subtitle D--Environmental Issues
Sec. 11321. Notification of communication outages.
Sec. 11322. Improvements to communication with fishing industry and
related stakeholders.
Sec. 11323. Advance notification of military or other exercises.
Sec. 11324. Modifications to Sport Fish Restoration and Boating Trust
Fund administration.
Sec. 11325. Load lines.
Sec. 11326. Actions by National Marine Fisheries Service to increase
energy production.
Sec. 11327. Aquatic Nuisance Species Task Force.
Sec. 11328. Safety standards.
Subtitle E--Illegal Fishing and Forced Labor Prevention
Sec. 11329. Definitions.
Chapter 1--Combating Human Trafficking Through Seafood Import
Monitoring
Sec. 11330. Enhancement of Seafood Import Monitoring Program Message
Set in Automated Commercial Environment
system.
Sec. 11331. Data sharing and aggregation.
Sec. 11332. Import audits.
Sec. 11333. Availability of fisheries information.
Sec. 11334. Report on Seafood Import Monitoring Program.
Sec. 11335. Authorization of appropriations.
Chapter 2--Strengthening International Fisheries Management To Combat
Human Trafficking
Sec. 11336. Denial of port privileges.
Sec. 11337. Identification and certification criteria.
Sec. 11338. Equivalent conservation measures.
Sec. 11339. Capacity building in foreign fisheries.
Sec. 11340. Training of United States observers.
Sec. 11341. Regulations.
TITLE CXIV--SUPPORT FOR COAST GUARD WORKFORCE
Subtitle A--Support for Coast Guard Members and Families
Sec. 11401. Coast Guard child care improvements.
Sec. 11402. Armed Forces access to Coast Guard child development
services.
Sec. 11403. Cadet pregnancy policy improvements.
Sec. 11404. Combat-related special compensation.
Sec. 11405. Study on food security.
Subtitle B--Healthcare
Sec. 11406. Development of medical staffing standards for Coast Guard.
Sec. 11407. Healthcare system review and strategic plan.
Sec. 11408. Data collection and access to care.
Sec. 11409. Behavioral health policy.
Sec. 11410. Members asserting post-traumatic stress disorder or
traumatic brain injury.
Sec. 11411. Improvements to Physical Disability Evaluation System and
transition program.
Sec. 11412. Expansion of access to counseling.
Sec. 11413. Expansion of postgraduate opportunities for members of
Coast Guard in medical and related fields.
Sec. 11414. Study on Coast Guard medical facilities needs.
Sec. 11415. Study on Coast Guard telemedicine program.
Subtitle C--Housing
Sec. 11416. Study on Coast Guard housing access, cost, and challenges.
Sec. 11417. Audit of certain military housing conditions of enlisted
members of Coast Guard in Key West,
Florida.
Sec. 11418. Study on Coast Guard housing authorities and privatized
housing.
Sec. 11419. Strategy to improve quality of life at remote units.
Subtitle D--Other Matters
Sec. 11420. Report on availability of emergency supplies for Coast
Guard personnel.
Sec. 11421. Fleet mix analysis and shore infrastructure investment
plan.
TITLE CXV--MARITIME
Subtitle A--Vessel Safety
Sec. 11501. Responses to safety recommendations.
Sec. 11502. Requirements for DUKW amphibious passenger vessels.
Sec. 11503. Exoneration and limitation of liability for small passenger
vessels.
Sec. 11504. At-sea recovery operations pilot program.
Sec. 11505. Historic wood sailing vessels.
Sec. 11506. Certificates of numbers for undocumented vessels.
Sec. 11507. Comptroller General review and report on Coast Guard
oversight of third-party organizations.
Sec. 11508. Articulated tug-barge manning.
Sec. 11509. Fishing vessel safety.
Sec. 11510. Exemptions for certain passenger vessels.
Subtitle B--Merchant Mariner Credentialing
Sec. 11511. Modernizing merchant mariner credentialing system.
Sec. 11512. Assessment regarding application process for merchant
mariner credentials.
Sec. 11513. GAO report.
Sec. 11514. Military to Mariners Act of 2022.
Sec. 11515. Definitions.
Subtitle C--Other Matters
Sec. 11516. Nonoperating individual.
Sec. 11517. Oceanographic research vessels.
Sec. 11518. Port access routes briefing.
Sec. 11519. Definition of stateless vessel.
Sec. 11520. Limitation on recovery for certain injuries incurred in
aquaculture activities.
Sec. 11521. Report on securing vessels and cargo.
Sec. 11522. Report on enforcement of coastwise laws.
Sec. 11523. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 11524. Prohibition on entry and operation.
Sec. 11525. Floating dry docks.
Sec. 11526. Updated requirements for fishing crew agreements.
TITLE CXVI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND
RESPONSE
Sec. 11601. Definitions.
Sec. 11602. Convicted sex offender as grounds for denial.
Sec. 11603. Sexual harassment or sexual assault as grounds for
suspension or revocation.
Sec. 11604. Accommodation; notices.
Sec. 11605. Protection against discrimination.
Sec. 11606. Alcohol at sea.
Sec. 11607. Surveillance requirements.
Sec. 11608. Master key control.
Sec. 11609. Requirement to report sexual assault and harassment.
Sec. 11610. Safety management system.
Sec. 11611. Reports to Congress.
TITLE CXVII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A--National Oceanic and Atmospheric Administration
Commissioned Officer Corps
Sec. 11701. Definitions.
Sec. 11702. Requirement for appointments.
Sec. 11703. Repeal of requirement to promote ensigns after 3 years of
service.
Sec. 11704. Authority to provide awards and decorations.
Sec. 11705. Retirement and separation.
Sec. 11706. Improving professional mariner staffing.
Sec. 11707. Legal assistance.
Sec. 11708. Acquisition of aircraft for agency air, atmosphere, and
weather reconnaissance and research
mission.
Sec. 11709. Report on professional mariner staffing models.
Subtitle B--Other Matters
Sec. 11710. Conveyance of certain property of National Oceanic and
Atmospheric Administration in Juneau,
Alaska.
TITLE CXVIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 11801. Terms and vacancies.
Sec. 11802. Passenger vessel security and safety requirements.
Sec. 11803. Technical corrections.
Sec. 11804. Transportation worker identification credential technical
amendments.
Sec. 11805. Reinstatement.
Sec. 11806. Determination of budgetary effects.
Sec. 11807. Technical amendment.
Sec. 11808. Lighthouse service amendments.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees'' has the meaning
given that term in section 101(a)(16) of title 10, United States Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purpose of complying with the
Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the
latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act,
jointly submitted for printing in the Congressional Record by the Chairmen of
the House and Senate Budget Committees, provided that such statement has been
submitted prior to the vote on passage in the House acting first on the
conference report or amendment between the Houses.
SEC. 5. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the House section
of the Congressional Record on or about December 7, 2022, by the Chairman of the
Committee on Armed Services of the House of Representatives and the Chairman of
the Committee on Armed Services of the Senate, shall have the same effect with
respect to the implementation of this Act as if it were a joint explanatory
statement of a committee of conference.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Limitations on production of Extended Range Cannon Artillery
howitzers.
Subtitle C--Navy Programs
Sec. 121. Requirements relating to EA-18G aircraft of the Navy.
Sec. 122. Navy shipbuilding workforce development special incentive.
Sec. 123. Extension of prohibition on availability of funds for Navy
port waterborne security barriers.
Sec. 124. Limitation on authority to modify capabilities and fleet
configuration of E-6B aircraft.
Sec. 125. Multiyear procurement authority for Arleigh Burke class
destroyers.
Sec. 126. Procurement authority for Ship-to-Shore Connector program.
Sec. 127. Procurement authority for CH-53K heavy lift helicopter
program.
Sec. 128. Procurement authorities for John Lewis-class fleet
replenishment oiler ships.
Sec. 129. Procurement authorities for certain amphibious shipbuilding
programs.
Sec. 130. Contracts for design and construction of the DDG(X) destroyer
program.
Sec. 131. Tomahawk and Standard Missile-6 capability on FFG-62 class
vessels.
Sec. 132. Report on advance procurement for CVN-82 and CVN-83.
Sec. 133. Quarterly briefings on the CH-53K King Stallion helicopter
program.
Subtitle D--Air Force Programs
Sec. 141. Modification of inventory requirements for aircraft of the
combat air forces.
Sec. 142. Inventory and other requirements relating to air refueling
tanker aircraft.
Sec. 143. Requirements relating to F-22 aircraft.
Sec. 144. Modification of exception to prohibition on certain
reductions to B-1 bomber aircraft
squadrons.
Sec. 145. Repeal of Air Force E-8C force presentation requirement.
Sec. 146. Minimum inventory of C-130 aircraft.
Sec. 147. Prohibition on availability of funds for retirement of C-40
aircraft.
Sec. 148. Prohibition on availability of funds for termination of
production lines for HH-60W aircraft.
Sec. 149. Prohibition on certain reductions to inventory of E-3
airborne warning and control system
aircraft.
Sec. 150. Limitation on divestment of F-15 aircraft.
Sec. 151. Authority to procure upgraded ejection seats for certain T-
38A aircraft.
Sec. 152. Procurement authority for digital mission operations platform
for the Space Force.
Sec. 153. Digital transformation commercial software acquisition.
Sec. 154. Requirements study and strategy for the combat search and
rescue mission of the Air Force.
Sec. 155. Plan for transfer of KC-135 aircraft to the Air National
Guard.
Sec. 156. Annual reports on T-7A Advanced Pilot Training System.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 161. Increase in Air Force and Navy use of used commercial dual-
use parts in certain aircraft and engines.
Sec. 162. Assessment and strategy for fielding capabilities to counter
threats posed by unmanned aerial system
swarms.
Sec. 163. Assessment and report on military rotary wing aircraft
industrial base.
Sec. 164. Comptroller General audit of efforts to modernize the
propulsion, power, and thermal management
systems of F-35 aircraft.
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2023 for
procurement for the Army, the Navy and the Marine Corps, the Air Force and the
Space Force, and Defense-wide activities, as specified in the funding table in
section 4101.
Subtitle B--Army Programs
SEC. 111. LIMITATIONS ON PRODUCTION OF EXTENDED RANGE CANNON ARTILLERY
HOWITZERS.
(a) Limitations.--In carrying out the acquisition of Extended Range Cannon
Artillery howitzers, the Secretary of the Army shall--
(1) limit production of prototype Extended Range Cannon Artillery
howitzers to not more than 20;
(2) compare the cost and value to the United States Government of a
Paladin Integrated Management-modification production approach with a
new-build production approach;
(3) include in any cost analysis or comparison--
(A) the monetary value of a Paladin howitzer that may be
modified to produce an Extended Range Cannon Artillery howitzer;
and
(B) the monetary value of leveraging government-owned
infrastructure to facilitate the modification;
(4) use a full and open competitive approach using best value
criteria for post-prototype production source selection; and
(5) base any production strategy and source selection decisions on a
full understanding of the cost of production, including--
(A) the comparison of production approaches described in
paragraph (2); and
(B) any cost analysis or comparison described in paragraph
(3).
(b) Certification.--Before issuing a request for proposal for the post-
prototype production of an Extended Range Cannon Artillery howitzer, the
Secretary of the Army shall--
(1) certify to the congressional defense committees that the
acquisition strategy upon which the request for proposal is based
complies with the requirements of subsection (a); and
(2) provide to the congressional defense committees a briefing on
that acquisition strategy and the relevant cost and value comparison
described in subsection (a)(2).
(c) Inclusion of Certain Information in Budget Materials.--The Secretary of
the Army shall ensure that the cost of procuring Paladin howitzers to be
modified for post-prototype production of Extended Range Cannon Artillery
howitzers is included--
(1) in the materials relating to the Extended Range Cannon Artillery
program submitted in support of the budget of the President (as
submitted to Congress under section 1105(a) of title 31, United States
Code) for each fiscal year in which such program is carried out; and
(2) in any budget briefings concerning such program.
Subtitle C--Navy Programs
SEC. 121. REQUIREMENTS RELATING TO EA-18G AIRCRAFT OF THE NAVY.
(a) Limitations and Minimum Inventory Requirements.--Section 8062 of title
10, United States Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new subsection:
``(f)(1)(A) During the period beginning on the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2023 and ending on September
30, 2027, the Secretary of the Navy may not--
``(i) retire an EA-18G aircraft;
``(ii) reduce funding for unit personnel or weapon
system sustainment activities for EA-18G aircraft in a
manner that presumes future congressional authority to
divest such aircraft;
``(iii) place an EA-18G aircraft in active storage
status or inactive storage status; or
``(iv) keep an EA-18G aircraft in a status
considered excess to the requirements of the possessing
command and awaiting disposition instructions.
``(B) The prohibition under subparagraph (A) shall not apply to
individual EA-18G aircraft that the Secretary of the Navy determines, on
a case-by-case basis, to be no longer mission capable and uneconomical
to repair because of aircraft accidents or mishaps.
``(2)(A) The Secretary of the Navy shall maintain a total aircraft inventory
of EA-18G aircraft of not less than 158 aircraft, of which not less than 126
aircraft shall be coded as primary mission aircraft inventory.
``(B) The Secretary of the Navy may reduce the number of EA-18G aircraft in
the inventory of the Navy below the minimum number specified in subparagraph (A)
if the Secretary determines, on a case-by-case basis, that an aircraft is no
longer mission capable and uneconomical to repair because of aircraft accidents
or mishaps.
``(C) In this paragraph, the term `primary mission aircraft inventory' means
aircraft assigned to meet the primary aircraft authorization--
``(i) to a unit for the performance of its wartime mission;
``(ii) to a training unit for technical and specialized training for
crew personnel or leading to aircrew qualification;
``(iii) to a test unit for testing of the aircraft or its components
for purposes of research, development, test, and evaluation, operational
test and evaluation, or to support testing programs; or
``(iv) to meet requirements for missions not otherwise specified in
clauses (i) through (iii).''.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Navy and the Secretary of the Air
Force shall jointly submit to the congressional defense committees a report that
includes a strategy and execution plan for continuously and effectively meeting
the airborne electronic attack training and combat requirements of the joint
force. At a minimum, the strategy and execution plan shall provide for--
(1) the integration and utilization of both reserve and active duty
component forces and resources within the Department of the Navy and the
Department of the Air Force; and
(2) the establishment or continuation of one or more joint service
expeditionary, land-based electronic attack squadrons that equal or
exceed the capacity and capability of such squadrons in effect as of the
date of the enactment of this Act.
SEC. 122. NAVY SHIPBUILDING WORKFORCE DEVELOPMENT SPECIAL INCENTIVE.
(a) In General.--Chapter 863 of title 10, United States Code, is amended by
adding at the end the following new section:
``SEC. 8696. NAVY SHIPBUILDING WORKFORCE DEVELOPMENT SPECIAL INCENTIVE.
``(a) Requirement.--
``(1) In general.--The Secretary of the Navy shall include in any
solicitation for a covered contract a special incentive for workforce
development that funds one or more workforce development activities
described in subsection (c).
``(2) Amount of special incentive.--The amount of a special
incentive required under subsection (a)(1) shall be equal to not less
than one quarter of one percent and not more than one percent of the
estimated cost of the covered contract.
``(3) Waiver.--
``(A) In general.--The Secretary of the Navy may waive one
or more of the requirements of this section if the Secretary
determines--
``(i) unreasonable cost or delay would be incurred
by complying with such requirements;
``(ii) existing workforce development initiatives
are sufficient to meet workforce needs;
``(iii) there are minimal workforce development
issues to be addressed; or
``(iv) it is not in the national security interests
of the United States to comply with such requirements.
``(B) Notice to congress.--Not less than 30 days prior to
issuing a waiver under subparagraph (A), the Secretary of the
Navy shall submit to the congressional defense committees
written notice of the intent of the Secretary to issue such a
waiver. Such notice shall specify the basis for such waiver and
include a detailed explanation of the reasons for issuing the
waiver.
``(b) Matching Contribution Requirement.--
``(1) In general.--Funds for a special incentive for workforce
development required under subsection (a)(1) may be expended only--
``(A) on or after the date on which the service acquisition
executive of the Navy receives a written commitment from one or
more entities described in paragraph (2) of separate and
distinct cumulative monetary contributions to be made on or
after the date of such commitment for workforce development; and
``(B) in an amount that is equal to the aggregate amount of
all monetary contributions from entities that made commitments
under subparagraph (A) not to exceed the amount of funding made
available for the special incentive under subsection (a)(2).
``(2) Entities described.--The entities described in this paragraph
are the following:
``(A) The prime contractor that was awarded a covered
contract.
``(B) A qualified subcontractor.
``(C) A State government or other State entity.
``(D) A county government or other county entity.
``(E) A local government or other local entity.
``(F) An industry association, organization, or consortium
that directly supports workforce development.
``(3) Special rule.--In a case in which the aggregate amount of all
monetary contributions from entities that made commitments under
paragraph (1)(A) is less than the minimum amount specified for the
special incentive under subsection (a)(2), funds for the special
incentive may be expended in an amount equal to such lesser amount.
``(c) Authorized Activities.--
``(1) In general.--Funds for a special incentive for workforce
development required under subsection (a)(1) may be obligated or
expended only to provide for the activities described in paragraph (2)
in support of the production and production support workforce of the
prime contractor concerned or a qualified subcontractor concerned.
``(2) Activities described.--The activities described in this
paragraph are the following:
``(A) The creation of short- and long-term workforce
housing, transportation, and other support services to
facilitate attraction, relocation, and retention of workers.
``(B) The expansion of local talent pipeline programs for
both new and existing workers.
``(C) Investments in long-term outreach in middle school and
high school programs, specifically career and technical
education programs, to promote and develop manufacturing skills.
``(D) The development or modification of facilities for the
primary purpose of workforce development.
``(E) Payment of direct costs attributable to workforce
development.
``(F) Attraction and retention bonus programs.
``(G) On-the-job training to develop key manufacturing
skills.
``(d) Approval Requirement.--The service acquisition executive of the Navy
shall--
``(1) provide the final approval of the use of funds for a special
incentive for workforce development required under subsection (a)(1);
and
``(2) not later than 30 days after the date on which such approval
is provided, certify to the congressional defense committees compliance
with the requirements of subsections (b) and (c), including--
``(A) a detailed explanation of such compliance; and
``(B) the associated benefits to--
``(i) the Federal Government; and
``(ii) the shipbuilding industrial base of the Navy.
``(e) Definitions.--In this section:
``(1) The term `covered contract' means a prime contract for the
construction of a naval vessel funded using amounts appropriated or
otherwise made available for Shipbuilding and Conversion, Navy.
``(2) The term `qualified subcontractor' means a subcontractor that
will deliver the vessel or vessels awarded under a covered contract to
the Navy.''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter
863 of such title is amended by adding at the end the following new item:
``8696. Navy shipbuilding workforce development special incentive.''.
(c) Applicability.--Section 8696 of title 10, United States Code, as added
by subsection (a), shall apply with respect to--
(1) a solicitation for a covered contract (as defined in subsection
(e) of that section) made on or after June 1, 2023; and
(2) a solicitation or award of a covered contract, if otherwise
determined appropriate by the Secretary of the Navy.
SEC. 123. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR NAVY PORT
WATERBORNE SECURITY BARRIERS.
(a) In General.--Subsection (a) of section 130 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1665), as most recently amended by section 122 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1570), is
further amended by striking ``for fiscal years 2019, 2020, 2021, or 2022'' and
inserting ``for any of fiscal years 2019 through 2023''.
(b) Technical Amendment.--Subsection (b)(4) of such section is amended by
striking ``section 2304'' and inserting ``sections 3201 through 3205''.
SEC. 124. LIMITATION ON AUTHORITY TO MODIFY CAPABILITIES AND FLEET CONFIGURATION
OF E-6B AIRCRAFT.
(a) Limitation.--Until the date on which the certification described in
subsection (b) is submitted to the congressional defense committees, the
Secretary of the Navy--
(1) may not retire, or prepare to retire, any E-6B aircraft;
(2) shall maintain the fleet of E-6B aircraft in the configuration
in effect as of the date of the enactment of this Act; and
(3) shall ensure that E-6B aircraft continue to meet the operational
requirements of the combatant commands that are met by such aircraft as
of the date of the enactment of this Act.
(b) Certification Described.--The certification described in this subsection
is a written certification from the Chair of the Joint Requirements Oversight
Council indicating that the replacement capability for the E-6B aircraft--
(1) will be fielded at the same time or before the retirement of the
first E-6B aircraft; and
(2) at the time such replacement capability achieves initial
operational capability, will have the ability to meet the operational
requirements of the combatant commands that have been, or that are
expected to be, assigned to such replacement capability.
(c) Exception.--The requirements of subsection (a) shall not apply to an
individual E-6B aircraft otherwise required to be maintained by that subsection
if the Secretary of the Navy determines, on a case-by-case basis, that such
aircraft is no longer mission capable due to a mishap or other damage.
SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH BURKE CLASS DESTROYERS.
(a) Authority for Multiyear Procurement.--Subject to section 3501 of title
10, United States Code, the Secretary of the Navy may enter into one or more
multiyear contracts for the procurement of up to 15 Arleigh Burke class Flight
III guided missile destroyers.
(b) Authority for Advance Procurement.--The Secretary of the Navy may enter
into one or more contracts, beginning in fiscal year 2023, for advance
procurement associated with the destroyers for which authorization to enter into
a multiyear procurement contract is provided under subsection (a), and for
systems and subsystems associated with such destroyers in economic order
quantities when cost savings are achievable.
(c) Condition for Out-year Contract Payments.--A contract entered into under
subsection (a) shall provide that any obligation of the United States to make a
payment under the contract for a fiscal year after fiscal year 2023 is subject
to the availability of appropriations or funds for that purpose for such later
fiscal year.
(d) Mandatory Inclusion of Pre-priced Option in Certain Circumstances.--
(1) In general.--In the event the total base quantity of destroyers
to be procured through all contracts entered into under subsection (a)
is less than 15, the Secretary of the Navy shall ensure that one or more
of the contracts includes a pre-priced option for the procurement of
additional destroyers such that the sum of such base quantity and the
number of destroyers that may be procured through the exercise of such
options is equal to 15 destroyers.
(2) Definitions.--In this subsection:
(A) The term ``base quantity'' means the quantity of
destroyers to be procured under a contract entered into under
subsection (a) excluding any quantity of destroyers that may be
procured through the exercise of an option that may be part of
such contract.
(B) The term ``pre-priced option'' means a contract option
for a contract entered into under subsection (a) that, if
exercised, would allow the Secretary of the Navy to procure a
destroyer at a predetermined price specified in such contract.
(e) Limitation.--The Secretary of the Navy may not modify a contract entered
into under subsection (a) if the modification would increase the target price of
the destroyer by more than 10 percent above the target price specified in the
original contract for the destroyer under subsection (a).
SEC. 126. PROCUREMENT AUTHORITY FOR SHIP-TO-SHORE CONNECTOR PROGRAM.
(a) Contract Authority.--Beginning in fiscal year 2023, the Secretary of the
Navy may enter into one or more contracts for the procurement of up to 25 Ship-
to-Shore Connector class craft and associated material.
(b) Liability.--Any contract entered into under subsection (a) shall provide
that--
(1) any obligation of the United States to make a payment under the
contract is subject to the availability of appropriations for that
purpose; and
(2) the total liability of the Federal Government for termination of
the contract shall be limited to the total amount of funding obligated
to the contract at the time of termination.
(c) Certification Required.--A contract may not be entered into under
subsection (a) unless the Secretary of the Navy certifies to the congressional
defense committees, in writing, not later than 30 days before entry into the
contract, each of the following, which shall be prepared by the milestone
decision authority for the Ship-to-Shore Connector program:
(1) The use of such a contract is consistent with the Chief of Naval
Operations' projected force structure requirements for Ship-to-Shore
Connector class craft.
(2) The use of such a contract will result in significant savings
compared to the total anticipated costs of carrying out the program
through annual contracts. In certifying cost savings under the preceding
sentence, the Secretary shall include a written explanation of--
(A) the estimated end cost and appropriated funds by fiscal
year, by craft, without the authority provided in subsection
(a);
(B) the estimated end cost and appropriated funds by fiscal
year, by craft, with the authority provided in subsection (a);
(C) the estimated cost savings or increase by fiscal year,
by craft, with the authority provided in subsection (a);
(D) the discrete actions that will accomplish such cost
savings or avoidance; and
(E) the contractual actions that will ensure the estimated
cost savings are realized.
(3) There is a reasonable expectation that throughout the
contemplated contract period the Secretary of the Navy will request
funding for the contract at the level required to avoid contract
cancellation.
(4) There is a stable design for the property to be acquired and the
technical risks associated with such property are not excessive.
(5) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a contract authorized
under subsection (a) are realistic, including a description of the basis
for such estimates.
(6) The use of such a contract will promote the national security of
the United States.
(7) During the fiscal year in which such contract is to be awarded,
sufficient funds will be available to perform the contract in such
fiscal year.
(d) Milestone Decision Authority Defined.--In this section, the term
``milestone decision authority'' has the meaning given that term in section
4251(d) of title 10, United States Code.
SEC. 127. PROCUREMENT AUTHORITY FOR CH-53K HEAVY LIFT HELICOPTER PROGRAM.
(a) Contract Authority.--During fiscal years 2023 and 2024, the Secretary of
the Navy may enter into one or more fixed-price contracts for the procurement of
airframes and engines in support of the CH-53K heavy lift helicopter program (in
this section referred to as the ``program'').
(b) Liability.--Any contract entered into under subsection (a) shall provide
that--
(1) any obligation of the United States to make a payment under the
contract is subject to the availability of appropriations for that
purpose; and
(2) the total liability of the Federal Government for termination of
the contract shall be limited to the total amount of funding obligated
to the contract at the time of termination.
(c) Certification Required.--A contract may not be entered into under
subsection (a) unless the Secretary of Defense certifies to the congressional
defense committees, in writing, not later than 30 days before entry into the
contract, each of the following, which shall be prepared by the milestone
decision authority (as defined in section 4251(d) of title 10, United States
Code) for the program:
(1) The use of such a contract will result in significant savings
compared to the total anticipated costs of carrying out the program
through annual contracts. In certifying cost savings under the preceding
sentence, the Secretary shall include a written explanation of--
(A) the estimated obligations and expenditures by fiscal
year for the program without the authority provided in
subsection (a);
(B) the estimated obligations and expenditures by fiscal
year for the program with the authority provided in subsection
(a);
(C) the estimated cost savings or increase by fiscal year
for the program with the authority provided in subsection (a);
(D) the discrete actions that will accomplish such cost
savings or avoidance; and
(E) the contractual actions that will ensure the estimated
cost savings are realized.
(2) There is a reasonable expectation that throughout the
contemplated contract period the Secretary of Defense will request
funding for the contract at the level required to avoid contract
cancellation.
(3) There is a stable design for the property to be acquired and the
technical risks associated with such property are not excessive.
(4) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a contract authorized
under subsection (a) are realistic.
(5) The use of such a contract will promote the national security of
the United States.
(6) During the fiscal year in which such contract is to be awarded,
sufficient funds will be available to perform the contract in such
fiscal year, and the future-years defense program submitted to Congress
under section 221 of title 10, United States Code, for such fiscal year
will include the funding required to execute the program without
cancellation.
SEC. 128. PROCUREMENT AUTHORITIES FOR JOHN LEWIS-CLASS FLEET REPLENISHMENT OILER
SHIPS.
(a) Contract Authority.--
(1) Procurement authorized.--During fiscal years 2023 and 2024, the
Secretary of the Navy may enter into one or more contracts for the
procurement of not more than eight John Lewis-class fleet replenishment
oiler ships.
(2) Procurement in conjunction with existing contracts.--The ships
authorized to be procured under paragraph (1) may be procured as
additions to existing contracts covering the John Lewis-class fleet
replenishment oiler ship program.
(b) Certification Required.--A contract may not be entered into under
subsection (a) unless the Secretary of the Navy certifies to the congressional
defense committees, in writing, not later than 30 days before entry into the
contract, each of the following, which shall be prepared by the milestone
decision authority for the John Lewis-class fleet replenishment oiler ship
program:
(1) The use of such a contract is consistent with the Department of
the Navy's projected force structure requirements for such ships.
(2) The use of such a contract will result in significant savings
compared to the total anticipated costs of carrying out the program
through annual contracts. In certifying cost savings under the preceding
sentence, the Secretary shall include a written explanation of--
(A) the estimated end cost and appropriated funds by fiscal
year, by hull, without the authority provided in subsection (a);
(B) the estimated end cost and appropriated funds by fiscal
year, by hull, with the authority provided in subsection (a);
(C) the estimated cost savings or increase by fiscal year,
by hull, with the authority provided in subsection (a);
(D) the discrete actions that will accomplish such cost
savings or avoidance; and
(E) the contractual actions that will ensure the estimated
cost savings are realized.
(3) There is a reasonable expectation that throughout the
contemplated contract period the Secretary of the Navy will request
funding for the contract at the level required to avoid contract
cancellation.
(4) There is a stable design for the property to be acquired and the
technical risks associated with such property are not excessive.
(5) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a contract authorized
under subsection (a) are realistic.
(6) The use of such a contract will promote the national security of
the United States.
(7) During the fiscal year in which such contract is to be awarded,
sufficient funds will be available to perform the contract in such
fiscal year, and the future-years defense program (as defined under
section 221 of title 10, United States Code) for such fiscal year will
include the funding required to execute the program without
cancellation.
(c) Authority for Advance Procurement.--The Secretary of the Navy may enter
into one or more contracts for advance procurement associated with a ship or
ships for which authorization to enter into a contract is provided under
subsection (a), and for systems and subsystems associated with such ships in
economic order quantities when cost savings are achievable.
(d) Condition for Out-year Contract Payments.--A contract entered into under
subsection (a) shall provide that any obligation of the United States to make a
payment under the contract for a fiscal year is subject to the availability of
appropriations for that purpose for such fiscal year.
(e) Milestone Decision Authority Defined.--In this section, the term
``milestone decision authority'' has the meaning given that term in section
4251(d) of title 10, United States Code.
SEC. 129. PROCUREMENT AUTHORITIES FOR CERTAIN AMPHIBIOUS SHIPBUILDING PROGRAMS.
(a) Contract Authority.--
(1) Procurement authorized.--The Secretary of the Navy may enter
into one or more contracts for the procurement of up to five covered
ships.
(2) Procurement in conjunction with existing contracts.--The ships
authorized to be procured under paragraph (1) may be procured as
additions to existing contracts covering programs for covered ships.
(b) Certification Required.--A contract may not be entered into under
subsection (a) unless the Secretary of the Navy certifies to the congressional
defense committees, in writing, not later than 30 days before entry into the
contract, each of the following, which shall be prepared by the milestone
decision authority for the covered ship program concerned:
(1) The use of such a contract is consistent with the Commandant of
the Marine Corps' projected force structure requirements for amphibious
ships.
(2) The use of such a contract will result in savings compared to
the total anticipated costs of carrying out the program through annual
contracts. In certifying cost savings under the preceding sentence, the
Secretary shall include a written explanation of--
(A) the estimated end cost and appropriated funds by fiscal
year, by hull, without the authority provided in subsection (a);
(B) the estimated end cost and appropriated funds by fiscal
year, by hull, with the authority provided in subsection (a);
(C) the estimated cost savings or increase by fiscal year,
by hull, with the authority provided in subsection (a); and
(D) the contractual actions that will ensure the estimated
cost savings are realized.
(3) The Secretary of the Navy has a reasonable expectation that
throughout the contemplated contract period funding will be available
for the contract at the level required to avoid contract cancellation.
(4) There is a stable design for the property to be acquired and the
technical risks associated with such property are not excessive.
(5) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a contract authorized
under subsection (a) are realistic.
(6) The use of such a contract will promote the national security of
the United States.
(7) During the fiscal year in which such contract is to be awarded,
sufficient funds will be available to perform the contract in such
fiscal year.
(c) Authority for Advance Procurement.--The Secretary of the Navy may enter
into one or more contracts for advance procurement associated with a ship or
ships for which authorization to enter into a contract is provided under
subsection (a), and for systems and subsystems associated with such ships in
economic order quantities when cost savings are achievable.
(d) Condition for Out-year Contract Payments.--A contract entered into under
subsection (a) shall provide that any obligation of the United States to make a
payment under the contract for a fiscal year is subject to the availability of
appropriations for that purpose for such fiscal year.
(e) Termination.--The authority of the Secretary of the Navy to enter into
contracts under subsection (a) shall terminate on September 30, 2026.
(f) Definitions.--In this section:
(1) The term ``covered ship'' means a San Antonio-class or America-
class ship.
(2) The term ``milestone decision authority'' has the meaning given
that term in section 4251(d) of title 10, United States Code.
SEC. 130. CONTRACTS FOR DESIGN AND CONSTRUCTION OF THE DDG(X) DESTROYER PROGRAM.
(a) In General.--If the milestone decision authority of the covered program
elects to use source selection procedures for the detailed design and
construction of the covered program other than those specified in section 3201
of title 10, United States Code, the Secretary of the Navy--
(1) with respect to prime contracts for concept design, preliminary
design, and contract design for the covered program--
(A) shall award such contracts to eligible shipbuilders; and
(B) may award such contracts to other contractors;
(2) shall award prime contracts for detailed design and construction
for the covered program only to eligible shipbuilders; and
(3) shall allocate only one vessel in the covered program to each
eligible shipbuilder that is awarded a prime contract under paragraph
(2).
(b) Collaboration Requirement.--The Secretary of the Navy shall maximize
collaboration among the Federal Government and eligible shipbuilders throughout
the design and development phases of the covered program, including--
(1) using a common design tool; and
(2) sharing production lessons learned.
(c) Competitive Incentive Requirement.--The Secretary of the Navy shall
provide for competitive incentives for eligible shipbuilders and other
contractors throughout the design, development, and production phases of the
covered program, including the following:
(1) Allocation of design labor hours, provided that no eligible
shipbuilder has fewer than 30 percent of aggregate design labor hours
for any phase of vessel design for the covered program.
(2) Allocation of the lead ship in the covered program.
(3) To the maximum extent practicable, competitive solicitations for
vessel procurement under the covered program.
(d) Technology Maturation Requirements.--The Secretary of the Navy shall
incorporate into the acquisition strategy of the covered program the
requirements of the following:
(1) Section 131 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1237).
(2) Section 221 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1599).
(e) Transition Requirement.--The Secretary of the Navy shall ensure that the
transition from the Arleigh Burke-class destroyer program to the covered program
maintains predictable production workload for eligible shipbuilders.
(f) Definitions.--In this section:
(1) The term ``covered program'' means the program of the Department
of the Navy to procure DDG(X) destroyer class vessels.
(2) The term ``eligible shipbuilder'' means a prime contractor
designated by the milestone decision authority to perform detailed
design and construction of the covered program.
(3) The term ``milestone decision authority'' has the meaning given
in section 4211 of title 10, United States Code.
SEC. 131. TOMAHAWK AND STANDARD MISSILE-6 CAPABILITY ON FFG-62 CLASS VESSELS.
Before the first deployment of the vessel designated FFG-63 and that of each
successive vessel in the FFG-62 class, the Secretary of the Navy shall ensure
that such vessel is capable of carrying and employing Tomahawk and Standard
Missile-6 missiles.
SEC. 132. REPORT ON ADVANCE PROCUREMENT FOR CVN-82 AND CVN-83.
(a) Report.--Not later than March 1, 2023, the Secretary of the Navy shall
submit to the congressional defense committees a report on the plan of the Navy
for advance procurement for the aircraft carriers designated CVN-82 and CVN-83.
(b) Elements.--The report required by subsection (a) shall include an
assessment of--
(1) the value, cost, and feasibility of a two-year advance
procurement period under a single-carrier acquisition strategy;
(2) the value, cost, and feasibility of a three-year advance
procurement period under a single-carrier acquisition strategy;
(3) the value, cost, and feasibility of a two-year advance
procurement period under a two-carrier acquisition strategy;
(4) the value, cost, and feasibility of a three-year advance
procurement period under a two-carrier acquisition strategy; and
(5) the effect of a two-carrier acquisition strategy on force
development and fleet capability.
(c) Definitions.--In this section:
(1) The term ``single-carrier acquisition strategy'' means a
strategy for the procurement of the aircraft carriers designated CVN-82
and CVN-83 pursuant to which each aircraft carrier is procured
separately under a different contract.
(2) The term ``two-carrier acquisition strategy'' means a strategy
for the procurement of the aircraft carriers designated CVN-82 and CVN-
83 pursuant to which both aircraft carriers are procured together under
one contract.
SEC. 133. QUARTERLY BRIEFINGS ON THE CH-53K KING STALLION HELICOPTER PROGRAM.
(a) In General.--Not later than 30 days after the date of the enactment of
this Act, and on a quarterly basis thereafter through the end of fiscal year
2024, the Secretary of the Navy shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a briefing on the
progress of the CH-53K King Stallion helicopter program.
(b) Elements.--Each briefing under subsection (a) shall include, with
respect to the CH-53K King Stallion helicopter program, the following:
(1) An overview of the program schedule.
(2) A statement of the total cost of the program as of the date of
the briefing, including the cost of development, testing, and
production.
(3) A comparison of the total cost of the program relative to the
original acquisition program baseline and the most recently approved
acquisition program baseline as of the date of the briefing.
(4) An assessment of the flight testing that remains to be conducted
under the program, including any testing required for validation of
correction of technical deficiencies.
(5) An update on the status of the correction of technical
deficiencies under the program and any effects on the program schedule
resulting from the discovery and correction of such deficiencies.
(c) Conforming Repeal.--Section 132 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1238) is repealed.
Subtitle D--Air Force Programs
SEC. 141. MODIFICATION OF INVENTORY REQUIREMENTS FOR AIRCRAFT OF THE COMBAT AIR
FORCES.
(a) Total Fighter Aircraft Inventory Requirements.--Section 9062(i)(1) of
title 10, United States Code, is amended by striking ``1,970'' and inserting
``1,800''.
(b) A-10 Minimum Inventory Requirements.--
(1) Section 134(d) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2038) is amended by
striking ``171'' and inserting ``153''.
(2) Section 142(b)(2) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 755 ) is amended by
striking ``171'' and inserting ``153''.
(c) Modification of Limitation on Availability of Funds for Destruction of
A-10 Aircraft in Storage Status.--Section 135(a) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2039) is
amended by striking ``the report required under section 134(e)(2)'' and
inserting ``a report that includes the information described in section
134(e)(2)(C)''.
SEC. 142. INVENTORY AND OTHER REQUIREMENTS RELATING TO AIR REFUELING TANKER
AIRCRAFT.
(a) Minimum Inventory Requirement for Air Refueling Tanker Aircraft.--
Section 9062(j) of title 10, United States Code, is amended--
(1) by striking ``effective October 1, 2019,''; and
(2) by striking ``479'' each place it appears and inserting ``466''.
(b) Repeal of Limitation on Retirement of KC-135 Aircraft.--Section 137 of
the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81;
135 Stat. 1576) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) and (d) as subsections (b) and
(c), respectively.
(c) Minimum Number of Air Refueling Tanker Aircraft in PMAI of the Air
Force.--Section 135(a) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3431) is
amended by striking ``412'' and inserting ``400''.
(d) Prohibition on Reduction of KC-135 Aircraft in PMAI of the Reserve
Components.--
(1) In general.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2023 for the Air
Force may be obligated or expended to reduce, by more than 12 aircraft,
the number of KC-135 aircraft designated as primary mission aircraft
inventory within the reserve components of the Air Force.
(2) Primary mission aircraft inventory defined.--In this subsection,
the term ``primary mission aircraft inventory'' has the meaning given
that term in section 9062(i)(2)(B) of title 10, United States Code.
SEC. 143. REQUIREMENTS RELATING TO F-22 AIRCRAFT.
(a) Limitations and Minimum Inventory Requirements.--Section 9062 of title
10, United States Code, is amended by adding at the end the following new
subsection:
``(k)(1) During the period beginning on the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2023 and ending on September
30, 2027, the Secretary of the Air Force may not--
``(A) retire an F-22 aircraft;
``(B) reduce funding for unit personnel or weapon system sustainment
activities for F-22 aircraft in a manner that presumes future
congressional authority to divest such aircraft;
``(C) keep an F-22 aircraft in a status considered excess to the
requirements of the possessing command and awaiting disposition
instructions (commonly referred to as `XJ' status); or
``(D) decrease the total aircraft inventory of F-22 aircraft below
184 aircraft.
``(2) The prohibition under paragraph (1) shall not apply to individual F-22
aircraft that the Secretary of the Air Force determines, on a case-by-case
basis, to be no longer mission capable and uneconomical to repair because of
aircraft accidents, mishaps, or excessive material degradation and non-
airworthiness status of certain aircraft.''.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Air Force shall submit to
the congressional defense committees a report that includes a strategy
and execution plan, approved by the Secretary, for conducting formal
training for F-22 aircrews to ensure that combat capability, capacity,
and availability at all F-22 operational units is not degraded.
(2) Elements.--The strategy and execution plan under paragraph (1)
shall--
(A) address how the Air Force will avoid--
(i) diminishing the combat effectiveness of all
block variants of F-22 aircraft;
(ii) exacerbating F-22 aircraft availability
concerns; and
(iii) complicating F-22 aircraft squadron
maintenance operations; and
(B) include the plan of the Secretary for--
(i) the basing of 184 F-22 aircraft; and
(ii) the reestablishment of one or more F-22 formal
training units, including--
(I) the planned location of such units;
(II) the planned schedule for the
reestablishment of such units; and
(III) and the number of F-22 aircraft that
are expected to be assigned to such units.
(c) Comptroller General Audit.--
(1) Audit required.--The Comptroller General of the United States
shall conduct an audit to assess and validate data and information
relating to--
(A) the events and activities that would be necessary to
upgrade Block 20 F-22 aircraft to a capability configuration
comparable to or exceeding the existing or planned configuration
of Block 30/35 F-22 aircraft;
(B) the estimated costs of such upgrades; and
(C) a schedule of milestones for such upgrades.
(2) Availability of information.--At the request of the Comptroller
General, the Secretary of the Air Force shall promptly provide to the
Comptroller General any data or other information that may be needed to
conduct the audit under paragraph (1), including any data or information
it may be necessary to obtain from the original equipment manufacturer
of the F-22 aircraft.
(3) Briefing.--Not later than April 15, 2023, the Comptroller
General shall provide to the congressional defense committees a briefing
on the progress and any preliminary results of the audit conducted under
paragraph (1).
(4) Report.--Following the briefing under paragraph (3), at such
time as is mutually agreed upon by the congressional defense committees
and the Comptroller General, the Comptroller General shall submit to the
congressional defense committees a report on the final results of the
audit conducted under paragraph (1).
SEC. 144. MODIFICATION OF EXCEPTION TO PROHIBITION ON CERTAIN REDUCTIONS TO B-1
BOMBER AIRCRAFT SQUADRONS.
Section 133(b) of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 135 Stat. 1574) is amended by striking ``an individual
unit'' and inserting ``a bomb wing''.
SEC. 145. REPEAL OF AIR FORCE E-8C FORCE PRESENTATION REQUIREMENT.
Section 147 of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1669) is amended by striking
subsection (f).
SEC. 146. MINIMUM INVENTORY OF C-130 AIRCRAFT.
(a) Minimum Inventory Requirement.--
(1) In general.--During the covered period, the Secretary of the Air
Force shall maintain a total inventory of C-130 aircraft of not less
than 271 aircraft.
(2) Exception.--The Secretary of the Air Force may reduce the number
of C-130 aircraft in the Air Force below the minimum number specified in
paragraph (1) if the Secretary determines, on a case-by-case basis, that
an aircraft is no longer mission capable because of a mishap or other
damage.
(3) Covered period defined.--In this subsection, the term ``covered
period'' means the period--
(A) beginning at the close of the period described in
section 138(c) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1577); and
(B) ending on September 30, 2023.
(b) Prohibition on Reduction of C-130 Aircraft Assigned to National Guard.--
(1) In general.--During fiscal year 2023, the Secretary of the Air
Force may not reduce the total number of C-130 aircraft assigned to the
National Guard below the number so assigned as of the date of the
enactment of this Act.
(2) Exception.--The prohibition under paragraph (1) shall not apply
to an individual C-130 aircraft that the Secretary of the Air Force
determines, on a case-by-case basis, to be no longer mission capable
because of a mishap or other damage.
SEC. 147. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF C-40 AIRCRAFT.
(a) Prohibition.--None of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2023 for the Air Force may be
obligated or expended to retire, prepare to retire, or place in storage or on
backup aircraft inventory status any C-40 aircraft.
(b) Exception.--
(1) In general.--The limitation under subsection (a) shall not apply
to an individual C-40 aircraft that the Secretary of the Air Force
determines, on a case-by-case basis, to be no longer mission capable
because of a Class A mishap.
(2) Certification required.--If the Secretary determines under
paragraph (1) that an aircraft is no longer mission capable, the
Secretary shall submit to the congressional defense committees a
certification that the status of such aircraft is due to a Class A
mishap and not due to lack of maintenance or repairs or other reasons.
SEC. 148. PROHIBITION ON AVAILABILITY OF FUNDS FOR TERMINATION OF PRODUCTION
LINES FOR HH-60W AIRCRAFT.
None of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2023 for the Air Force may be obligated or
expended to terminate the operations of, or to prepare to terminate the
operations of, a production line for HH-60W Combat Rescue Helicopters.
SEC. 149. PROHIBITION ON CERTAIN REDUCTIONS TO INVENTORY OF E-3 AIRBORNE WARNING
AND CONTROL SYSTEM AIRCRAFT.
(a) Prohibition.--Except as provided in subsections (b) and (c), none of the
funds authorized to be appropriated by this Act or otherwise made available for
fiscal year 2023 for the Air Force may be obligated or expended to retire,
prepare to retire, or place in storage or in backup aircraft inventory any E-3
aircraft if such actions would reduce the total aircraft inventory for such
aircraft below 26.
(b) Exception for Acquisition Strategy.--If the Secretary of the Air Force
submits to the congressional defense committees an acquisition strategy for the
E-7 Wedgetail aircraft approved by the Service Acquisition Executive of the Air
Force, the prohibition under subsection (a) shall not apply to actions taken to
reduce the total aircraft inventory for E-3 aircraft to 21 after the date on
which the strategy is so submitted.
(c) Exception for Contract Award.--If the Secretary of the Air Force awards
a contract for the E-7 Wedgetail aircraft, the prohibition under subsection (a)
shall not apply to actions taken to reduce the total aircraft inventory for E-3
aircraft to 18 after the date on which such contact is so awarded.
(d) Designation as Primary Training Aircraft Inventory.--The Secretary of
the Air Force shall designate two E-3 aircraft as Primary Training Aircraft
Inventory.
SEC. 150. LIMITATION ON DIVESTMENT OF F-15 AIRCRAFT.
(a) Limitation.--Beginning on October 1, 2023, the Secretary of the Air
Force may not divest, or prepare to divest, any covered F-15 aircraft until a
period of 180 days has elapsed following the date on which the Secretary submits
the report required under subsection (b).
(b) Report Required.--The Secretary of the Air Force shall submit to the
congressional defense committees a report on the following:
(1) Any plans of the Secretary to divest covered F-15 aircraft
during the period covered by the most recent future-years defense
program submitted to Congress under section 221 of title 10, United
States Code, including--
(A) a description of each proposed divestment by fiscal year
and location;
(B) an explanation of the anticipated effects of such
divestments on the missions, personnel, force structure, and
budgeting of the Air Force;
(C) a description of the actions the Secretary intends to
carry out--
(i) to mitigate any negative effects identified
under subparagraph (B); and
(ii) to modify or replace the missions and
capabilities of any units and military installations
affected by such divestments; and
(D) an assessment of how such divestments may affect the
ability of the Air Force to maintain minimum tactical aircraft
inventories.
(2) Any plans of the Secretary to procure covered F-15 aircraft.
(3) Any specific plans of the Secretary to deviate from procurement
of new F-15EX aircraft as articulated by the validated requirements
contained in Air Force Requirements Decision Memorandum, dated February
1, 2019, regarding F-15EX Rapid Fielding Requirements Document, dated
January 16, 2019.
(c) Covered F-15 Aircraft Defined.--In this section, the term ``covered F-15
aircraft'' means the following:
(1) F-15C aircraft.
(2) F-15D aircraft.
(3) F-15E aircraft.
(4) F-15EX aircraft.
SEC. 151. AUTHORITY TO PROCURE UPGRADED EJECTION SEATS FOR CERTAIN T-38A
AIRCRAFT.
The Secretary of the Air Force is authorized to procure upgraded ejection
seats for--
(1) all T-38A aircraft of the Air Force Global Strike Command that
have not received an upgraded ejection seat under the T-38 Ejection Seat
Upgrade Program; and
(2) all T-38A aircraft of the Air Combat Command that have not
received an upgraded ejection seat as part of such Program.
SEC. 152. PROCUREMENT AUTHORITY FOR DIGITAL MISSION OPERATIONS PLATFORM FOR THE
SPACE FORCE.
(a) Procurement Authority.--The Secretary of the Air Force is authorized to
enter into one or more contracts for the procurement of a digital mission
operations platform for the Space Force.
(b) Required Capabilities.--A digital mission operations platform procured
under subsection (a) shall include the following capabilities:
(1) The platform shall be capable of providing systems operators
with the ability to analyze system performance in a simulated mission
environment.
(2) The platform shall enable collaboration among such operators in
an integrated, physics-based environment.
SEC. 153. DIGITAL TRANSFORMATION COMMERCIAL SOFTWARE ACQUISITION.
(a) Procurement Authority.--The Secretary of the Air Force may enter into
one or more contracts for the procurement of commercial digital engineering and
software tools to meet the digital transformation goals and objectives of the
Department of the Air Force.
(b) Inclusion of Program Element in Budget Materials.--In the materials
submitted by the Secretary of the Air Force in support of the budget of the
President for fiscal year 2024 (as submitted to Congress pursuant to section
1105 of title 31, United States Code), the Secretary shall include a program
element dedicated to the procurement and management of the commercial digital
engineering and software tools described in subsection (a).
(c) Review.--In carrying out subsection (a), the Secretary of the Air Force
shall--
(1) review the market for commercial digital engineering and
software tools; and
(2) conduct research on providers of commercial software
capabilities that have the potential to expedite the progress of digital
engineering initiatives across the weapon system enterprise, with a
particular focus on capabilities that have the potential to generate
significant life-cycle cost savings, streamline and accelerate weapon
system acquisition, and provide data-driven approaches to inform
investments by the Department of the Air Force.
(d) Report.--Not later than March 1, 2023, the Secretary of the Air Force
shall submit to the congressional defense committees a report that includes--
(1) an analysis of specific digital engineering and software tool
capability manufacturers that deliver high mission impact with broad
reach into the weapon system enterprise of the Department of the Air
Force; and
(2) a prioritized list of programs and offices of the Department of
the Air Force that could better utilize commercial digital engineering
and software tools and opportunities for the implementation of such
digital engineering and software tool capabilities within the
Department.
SEC. 154. REQUIREMENTS STUDY AND STRATEGY FOR THE COMBAT SEARCH AND RESCUE
MISSION OF THE AIR FORCE.
(a) Requirements Study.--
(1) In general.--The Secretary of the Air Force shall conduct a
study to determine the requirements for the combat search and rescue
mission of the Air Force in support of the objectives of the National
Defense Strategy.
(2) Elements.--The study under paragraph (1) shall include the
following:
(A) Identification of anticipated combat search and rescue
mission requirements necessary to meet the objectives of the
most recent National Defense Strategy, including--
(i) requirements for short-term, mid-term, and long-
term contingency and steady-state operations against
adversaries;
(ii) requirements under the Agile Combat Employment
operational scheme of the Air Force;
(iii) requirements relating to regions and specific
geographic areas that are expected to have a need for
combat search and rescue forces based on the combat-
relevant range and penetration capability of United
States air assets and associated weapon systems; and
(iv) the level of operational risk associated with
each likely requirement and scenario.
(B) An assessment of the rotary, tilt, and fixed wing
aircraft and key combat search and rescue enabling capabilities
that--
(i) are needed to meet the requirements identified
under subparagraph (A); and
(ii) have been accounted for in the budget of the
Air Force as of the date of the study.
(C) Identification of any combat search and rescue
capability gaps, including an assessment of--
(i) whether and to what extent such gaps may affect
the ability of the Air Force to conduct combat search
and rescue operations;
(ii) any capability gaps that may be created by
procuring fewer HH-60W aircraft than planned under the
program of record, including any expected changes to the
plan for fielding such aircraft for active, reserve, and
National Guard units; and
(iii) any capability gaps attributable to unfunded
requirements.
(D) Identification and assessment of key current, emerging,
and future technologies with potential application to the combat
search and rescue mission, including electric vertical takeoff
and landing, unmanned aerial systems, armed air launched effects
or similar armed capabilities, electric short take-off and
landing, or a combination of such technologies.
(E) An assessment of each technology identified under
subparagraph (D), including (as applicable) an assessment of--
(i) technology maturity;
(ii) suitability to the combat search and rescue
mission;
(iii) range;
(iv) speed;
(v) payload capability and capacity;
(vi) radio frequency and infrared signatures;
(vii) operational conditions required for the use of
such technology, such as runway availability;
(viii) survivability;
(ix) lethality;
(x) potential to support combat missions other than
combat search and rescue; and
(xi) estimated cost.
(3) Submittal to congress.--
(A) In general.--Not later than April 30, 2023, the
Secretary of the Air Force shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report on the results of the study under paragraph (1).
(B) Form.--The report required under subparagraph (A) shall
be submitted in unclassified form, but may include a classified
annex.
(b) Strategy Required.--
(1) In general.--Based on the results of the study conducted under
subsection (a), the Secretary of the Air Force shall develop a strategy
to meet the requirements identified under such study.
(2) Elements.--The strategy under paragraph (1) shall include--
(A) A prioritized list of the capabilities needed to meet
the requirements identified under subsection (a).
(B) The estimated costs of such capabilities, including--
(i) any amounts already budgeted for such
capabilities as of the date of the strategy, including
amounts already budgeted for emerging and future
technologies; and
(ii) any amounts not already budgeted for such
capabilities as of such date.
(C) An estimate of the date by which the capability is
expected to become operational.
(D) A description of any requirements identified under
subsection (a) that the Secretary of the Air Force does not
expect to meet as part of the strategy and an explanation of the
reasons such requirements cannot be met.
(3) Submittal to congress.--
(A) In general.--Not later than July 30, 2023, the Secretary
of the Air Force shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
on the strategy developed under paragraph (1).
(B) Form.--The report required under subparagraph (A) shall
be submitted in unclassified form, but may include a classified
annex.
SEC. 155. PLAN FOR TRANSFER OF KC-135 AIRCRAFT TO THE AIR NATIONAL GUARD.
(a) Plan Required.--The Secretary of the Air Force shall develop a plan to
transfer covered KC-135 aircraft to air refueling wings of the Air National
Guard that are classic associations with active duty units of the Air Force.
(b) Briefing.--Not later than 120 days after the date of the enactment of
this Act, the Secretary of the Air Force shall provide to the Committees on
Armed Services of the Senate and the House of Representatives a briefing on the
plan developed under subsection (a). The briefing shall include an explanation
of--
(1) the effects the plan is expected to have on--
(A) the aerial refueling capability of the Department of
Defense; and
(B) personnel; and
(2) any costs associated with the plan.
(c) Definitions.--In this section:
(1) The term ``covered KC-135 aircraft'' means a KC-135 aircraft
that the Secretary of the Air Force is in the process of replacing with
a KC-46A aircraft.
(2) The term ``classic association'' means a structure under which a
regular Air Force unit retains principal responsibility for an aircraft
and shares the aircraft with one or more reserve component units.
SEC. 156. ANNUAL REPORTS ON T-7A ADVANCED PILOT TRAINING SYSTEM.
(a) Annual Report.--Not later than March 1, 2023, and annually thereafter
through 2028, the Assistant Secretary of the Air Force for Acquisition,
Technology, and Logistics shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the acquisition efforts
of the Air Force with respect to the T-7A Advanced Pilot Training System
(including any associated aircraft and ground training systems).
(b) Elements.--Each report under subsection (a) shall include the following:
(1) An overview of the Assistant Secretary's acquisition strategy
for the T-7 Advanced Pilot Training System, including the current status
of the acquisition strategy as of the date of the report.
(2) The cost and schedule estimates for the T-7 Advanced Pilot
Training System program.
(3) In the case of the initial report under this section, the key
performance parameters or the equivalent requirements for the program.
In the case of subsequent reports, any key performance parameters or the
equivalent requirements for the program that have changed since the
submission of the previous report under this section.
(4) The test and evaluation master plan for the program.
(5) With respect to the testing program events completed in the year
covered by the report--
(A) the completion date of each event;
(B) a summary of the event, including identification of--
(i) the quantity of data points evaluated and
subsequently considered complete and validated; and
(ii) the quantity of data points evaluated that
remain incomplete or unvalidated and requiring further
testing.
(6) The logistics and sustainment strategy for the program and a
description of any activities carried out to implement such strategy as
of the date of the report.
(7) An explanation of--
(A) the causes of any engineering, manufacturing,
development, testing, production, delivery, acceptance, and
fielding delays incurred by the program as of the date of the
report;
(B) the effects of such delays; and
(C) any subsequent efforts to address such delays.
(8) The post-production aircraft basing and fielding strategy for
the program.
(9) Any other matters regarding the acquisition of the T-7 Advanced
Pilot Training System that the Assistant Secretary determines to be of
critical importance to the long-term viability of the program.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 161. INCREASE IN AIR FORCE AND NAVY USE OF USED COMMERCIAL DUAL-USE PARTS
IN CERTAIN AIRCRAFT AND ENGINES.
(a) In General.--Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Air Force, with respect to the Air Force, and the
Secretary of the Navy, with respect to the Navy, shall develop and implement
processes and procedures for--
(1) the acquisition of used, overhauled, reconditioned, and
remanufactured commercial dual-use parts; and
(2) the use of such commercial dual-use parts in all--
(A) commercial derivative aircraft and engines; and
(B) aircraft used by the Air Force or Navy that are based on
the design of commercial products.
(b) Procurement of Parts.--The processes and procedures implemented under
subsection (a) shall provide that commercial dual-use parts shall be acquired--
(1) pursuant to competitive procedures (as defined in section 3012
of title 10, United States Code); and
(2) only from suppliers that provide parts that possess an
Authorized Release Certificate Federal Aviation Administration Form
8130-3 Airworthy Approval Tag from a certified repair station pursuant
to part 145 of title 14, Code of Federal Regulations.
(c) Definitions.--In this section:
(1) Commercial derivative.--The term ``commercial derivative'' means
an item procured by the Department of Defense that is or was produced
using the same or similar production facilities, a common supply chain,
and the same or similar production processes that are used for the
production of the item as predominantly used by the general public or by
nongovernmental entities for purposes other than governmental purposes.
(2) Commercial dual-use part.--The term ``commercial dual-use part''
means a product that is--
(A) a commercial product;
(B) dual-use;
(C) described in subsection (b)(2); and
(D) not a life-limited part.
(3) Commercial product.--The term ``commercial product'' has the
meaning given such term in section 103 of title 41, United States Code.
(4) Dual-use.--The term ``dual-use'' has the meaning given such term
in section 4801 of title 10, United States Code.
SEC. 162. ASSESSMENT AND STRATEGY FOR FIELDING CAPABILITIES TO COUNTER THREATS
POSED BY UNMANNED AERIAL SYSTEM SWARMS.
(a) Assessment, Analysis, and Review.--The Secretary of Defense shall
conduct--
(1) an assessment of the threats posed by unmanned aerial system
swarms and unmanned aerial systems with swarm capabilities to
installations and deployed Armed Forces;
(2) an analysis of the use or potential use of unmanned aerial
system swarms by adversaries, including the People's Republic of China,
the Russian Federation, the Islamic Republic of Iran, the Democratic
People's Republic of North Korea, and non-state actors;
(3) an analysis of the national security implications of swarming
technologies such as autonomous intelligence and machine learning;
(4) a review of the capabilities used by the Department of Defense
to counter threats posed by unmanned aerial systems and an assessment of
the effectiveness of such capabilities at countering the threat of
unmanned aerial system swarms; and
(5) an overview of the efforts of the Department of Defense to
develop and field test technologies that offer scalable, modular, and
rapidly deployable capabilities with the ability to counter unmanned
aerial system swarms.
(b) Strategy Development and Implementation Required.--
(1) In general.--The Secretary of Defense shall develop and
implement a strategy to field capabilities to counter threats posed by
unmanned aerial system swarms.
(2) Elements.--The strategy required by paragraph (1) shall include
the following:
(A) The development of a comprehensive definition of
``unmanned aerial system swarm''.
(B) A plan to establish and incorporate requirements for the
development, testing, and fielding of technologies and
capabilities to counter unmanned aerial system swarms.
(C) A plan to acquire and field adequate capabilities to
counter unmanned aerial system swarms in defense of the Armed
Forces, infrastructure, and other assets of the United States
across land, air, and maritime domains.
(D) An estimate of the resources needed by each Armed Force
to implement the strategy.
(E) An analysis, determination, and prioritization of
legislative action required to ensure the Department of Defense
has the ability to counter the threats posed by unmanned aerial
system swarms.
(F) Such other matters as the Secretary determines to be
relevant to the strategy.
(3) Incorporation into existing strategy.--The Secretary of Defense
may incorporate the strategy required by paragraph (1) into a
comprehensive strategy of the Department of Defense to counter the
threat of unmanned aerial systems.
(c) Information to Congress.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on--
(1) the findings of the Secretary under subsection (a); and
(2) the strategy developed and implemented by the Secretary under
subsection (b).
SEC. 163. ASSESSMENT AND REPORT ON MILITARY ROTARY WING AIRCRAFT INDUSTRIAL
BASE.
(a) Assessment Required.--The Under Secretary of Defense for Acquisition and
Sustainment, in coordination with the Secretaries of the Army, Navy, and Air
Force, shall conduct an assessment of the military rotary wing aircraft
industrial base.
(b) Elements.--The assessment under subsection (a) shall include the
following:
(1)(A) Identification of each rotary wing aircraft program of the
Department of Defense that is in the research and development or
procurement phase.
(B) A description of any platform-specific or capability-specific
facility or workforce technical skill requirements necessary for each
program identified under subparagraph (A).
(2) Identification of--
(A) the rotary wing aircraft capabilities of each Armed
Force anticipated for programming beyond the period covered by
the most recent future-years defense program submitted to
Congress under section 221 of title 10, United States Code (as
of the date of the assessment); and
(B) the technologies, facilities, and workforce skills
necessary for the development of such capabilities.
(3) An assessment of the military industrial base capacity and
skills that are available (as of the date of the assessment) to design
and manufacture the platforms and capabilities identified under
paragraphs (1) and (2) and a list of any gaps in such capacity and
skills.
(4)(A) Identification of each component, subcomponent, or equipment
supplier in the military rotary wing aircraft industrial base that is
the sole source within such industrial base from which that component,
subcomponent, or equipment may be obtained.
(B) An assessment of any risk resulting from the lack of other
suppliers for such components, subcomponents, or equipment.
(5) Analysis of the likelihood of future consolidation, contraction,
or expansion, within the rotary wing aircraft industrial base,
including--
(A) identification of the most probable scenarios with
respect to such consolidation, contraction, or expansion; and
(B) an assessment of how each such scenario may affect the
ability of the Armed Forces to acquire military rotary wing
aircraft in the future, including any effects on the cost and
schedule of such acquisitions.
(6) Such other matters the Under Secretary of Defense for
Acquisition and Sustainment determines appropriate.
(c) Report.--Not later than June 1, 2023, the Under Secretary of Defense for
Acquisition and Sustainment shall submit to the congressional defense committees
a report that includes--
(1) the results of the assessment conducted under subsection (a);
and
(2) based on such results, recommendations for reducing any risks
identified with respect to the military rotary wing aircraft industrial
base.
(d) Rotary Wing Aircraft Defined.--In this section, the term ``rotary wing
aircraft'' includes rotary wing and tiltrotor aircraft.
SEC. 164. COMPTROLLER GENERAL AUDIT OF EFFORTS TO MODERNIZE THE PROPULSION,
POWER, AND THERMAL MANAGEMENT SYSTEMS OF F-35 AIRCRAFT.
(a) Audit Required.--The Comptroller General of the United States shall
conduct an audit of the efforts of the Department of Defense to modernize the
propulsion, power, and thermal management systems of F-35 aircraft.
(b) Elements.--The audit conducted under subsection (a) shall include the
following:
(1) An evaluation of the results of the business-case analysis
conducted by the Director of the F-35 Joint Program Office, in which the
Director assessed options to modernize the propulsion, power, and
thermal management systems of the F-35 aircraft.
(2) An assessment of the costs associated with each modernization
option assessed in the business-case analysis described in paragraph
(1), including any costs associated with development, production,
retrofit, integration, and installation of the option (including any
aircraft modifications required to accommodate such option), and an
assessment of the sustainment infrastructure requirements associated
with that option for each variant of F-35 aircraft.
(3) An assessment of the progress made by the prototype engines
developed under the Adaptive Engine Transition Program and the
development and testing status of the other modernization options
assessed in the business-case analysis described in paragraph (1).
(4) An assessment of the timeline associated with modernizing the
propulsion, power, and thermal management systems of F-35 aircraft to
meet the capability performance requirements of the full Block 4 suite
upgrade planned for each variant of such aircraft.
(5) An assessment of the costs associated with modernizing the
propulsion, power, and thermal management systems of F-35 aircraft to
meet the capability performance requirements of the full Block 4 suite
upgrade planned for each variant of such aircraft.
(6) An assessment of the potential effects of each modernization
option assessed in the business-case analysis described in paragraph (1)
on life-cycle sustainment costs and the costs of spare parts for F-35
aircraft, including any participatory effects on international partners
and foreign military sales customers.
(c) Briefing.--Not later than February 28, 2023, the Comptroller General
shall provide to the congressional defense committees a briefing on the
preliminary results of the audit conducted under subsection (a).
(d) Report.--Following the briefing under subsection (c), at such time as is
mutually agreed upon by the congressional defense committees and the Comptroller
General, the Comptroller General shall submit to the congressional defense
committees a report on the final results of the audit conducted under subsection
(a), including the findings of the Comptroller General with respect to each
element specified in subsection (b).
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of cooperative research and development project
authority.
Sec. 212. Clarification of role of senior official with principal
responsibility for artificial intelligence
and machine learning.
Sec. 213. Inclusion of Office of Under Secretary of Defense for
Research and Engineering in personnel
management authority to attract experts in
science and engineering.
Sec. 214. Modification of limitation on cancellation of designation of
Executive Agent for a certain Defense
Production Act program.
Sec. 215. Support for research and development of bioindustrial
manufacturing processes.
Sec. 216. Air-breathing and rocket booster testing capacity upgrades to
support critical hypersonic weapons
development.
Sec. 217. Competitively awarded demonstrations and tests of
electromagnetic warfare technology.
Sec. 218. Administration of the Advanced Sensor Applications Program.
Sec. 219. Quantifiable assurance capability for security of
microelectronics.
Sec. 220. Government-Industry-Academia Working Group on
Microelectronics.
Sec. 221. Target date for deployment of 5G wireless broadband
infrastructure at all military
installations.
Sec. 222. Outreach to historically Black colleges and universities and
other minority-serving institutions
regarding National Security Innovation
Network programs that promote
entrepreneurship and innovation at
institutions of higher education.
Sec. 223. Report and pilot program based on recommendations regarding
defense research capacity at historically
Black colleges and universities and other
minority-serving institutions.
Sec. 224. Pilot program to support the development of patentable
inventions in the Department of the Navy.
Sec. 225. Pilot program to facilitate the development of battery
technologies for warfighters.
Subtitle C--Plans, Reports, and Other Matters
Sec. 231. Modification to annual reports of the Director of Operational
Test and Evaluation.
Sec. 232. Extension of requirement for quarterly briefings on strategy
for fifth generation information and
communications technologies.
Sec. 233. Plan for investments to support the development of novel
processing approaches for defense
applications.
Sec. 234. Plans to accelerate the transition to 5G information and
communications technology within the
military departments.
Sec. 235. Plan for Defense Advanced Research Projects Agency Innovation
Fellowship Program.
Sec. 236. Strategy and plan for fostering and strengthening the defense
innovation ecosystem.
Sec. 237. Assessment and strategy relating to hypersonic testing
capacity of the Department of Defense.
Sec. 238. Annual report on studies and reports of federally funded
research and development centers.
Sec. 239. Report on recommendations from Army Futures Command Research
Program Realignment Study.
Sec. 240. Report on potential for increased utilization of the
Electronic Proving Grounds testing range.
Sec. 241. Study on costs associated with underperforming software and
information technology.
Sec. 242. Study and report on sufficiency of operational test and
evaluation resources supporting certain
major defense acquisition programs.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2023 for the
use of the Department of Defense for research, development, test, and
evaluation, as specified in the funding table in section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. MODIFICATION OF COOPERATIVE RESEARCH AND DEVELOPMENT PROJECT
AUTHORITY.
(a) In General.--Section 2350a(a)(2) of title 10, United States Code, is
amended by adding at the end the following:
``(F) The European Union, including the European Defence Agency, the
European Commission, and the Council of the European Union, and their
suborganizations.''.
(c) Conforming Regulations.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall revise the Department of
Defense Supplement to the Federal Acquisition Regulation to conform with section
2350a of title 10, United States Code, as amended by subsection (a).
SEC. 212. CLARIFICATION OF ROLE OF SENIOR OFFICIAL WITH PRINCIPAL RESPONSIBILITY
FOR ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING.
(a) Personnel Management Authority to Attract Experts in Science and
Engineering.--Section 4092 of title 10, United States Code, is amended--
(1) in subsection (a)(6)--
(A) by striking ``Director of the Joint Artificial
Intelligence Center'' and inserting ``official designated under
section 238(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)'';
(B) by striking ``for the Center'' and inserting ``to
support the activities of such official under section 238 of
such Act''; and
(C) in the paragraph heading, by striking ``Center'';
(2) in subsection (b)(1)(F)--
(A) by striking ``Joint Artificial Intelligence Center'' and
inserting ``office of the official designated under section
238(b) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232)''; and
(B) by striking ``in the Center'' and inserting ``in support
of the activities of such official under section 238 of such
Act''; and
(3) in subsection (c)(2), by striking ``Joint Artificial
Intelligence Center'' and inserting ``the activities under section 238
of the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232)''.
(b) Review of Artificial Intelligence Applications and Establishment of
Performance Metrics.--Section 226(b) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 4001 note) is amended--
(1) in paragraph (3), by striking ``Director of the Joint Artificial
Intelligence Center'' and inserting ``official designated under
subsection (b) of section 238 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C.
note prec. 4061)'';
(2) in paragraph (4), by striking ``Director of the Joint Artificial
Intelligence Center'' and inserting ``official designated under
subsection (b) of section 238 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C.
note prec. 4061)''; and
(3) in paragraph (5), by striking ``Director of the Joint Artificial
Intelligence Center'' and inserting ``official designated under
subsection (b) of section 238 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C.
note prec. 4061)''.
(c) Modification of the Joint Common Foundation Program.--Section 227(a) of
the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81;
10 U.S.C. 4001 note) is amended by striking ``Joint Artificial Intelligence
Center'' and inserting ``the office of the official designated under subsection
(b) of section 238 of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. note prec. 4061)''.
(d) Pilot Program on Data Repositories to Facilitate the Development of
Artificial Intelligence Capabilities for the Department of Defense.--Section 232
of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 10 U.S.C. 4001 note) is amended--
(1) in the section heading, by striking ``pilot program on data
repositories'' and inserting ``data repositories'';
(2) by amending subsection (a) to read as follows:
``(a) Establishment of Data Repositories.--The Secretary of Defense, acting
through the official designated under subsection (b) of section 238 of the John
S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 10 U.S.C. note prec. 4061) (and such other officials as the Secretary
determines appropriate), shall--
``(1) establish data repositories containing Department of Defense
data sets relevant to the development of artificial intelligence
software and technology; and
``(2) allow appropriate public and private sector organizations to
access such data repositories for the purpose of developing improved
artificial intelligence and machine learning software capabilities that
may, as determined appropriate by the Secretary, be procured by the
Department to satisfy Department requirements and technology development
goals.'';
(3) in subsection (b), by striking ``If the Secretary of Defense
carries out the pilot program under subsection (a), the data
repositories established under the program'' and inserting ``The data
repositories established under subsection (a)''; and
(4) by amending subsection (c) to read as follows:
``(c) Briefing.--Not later than July 1, 2023, the Secretary of Defense shall
provide to the congressional defense committees a briefing on--
``(1) the types of information the Secretary determines are feasible
and advisable to include in the data repositories established under
subsection (a); and
``(2) the progress of the Secretary in establishing such data
repositories.''.
(e) Digital Development Infrastructure Plan and Working Group.--Section
1531(d)(2)(C) of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 2051) is amended by striking ``The Joint
Artificial Intelligence Center (JAIC)'' and inserting ``The office of the
official designated under subsection (b) of section 238 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. note prec. 4061)''.
(f) Board of Advisors for the Office of the Senior Official With Principal
Responsibility for Artificial Intelligence and Machine Learning.--Section 233 of
the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283; 10 U.S.C. 4001 note) is amended--
(1) in the section heading, by striking ``joint artificial
intelligence center'' and inserting ``office of the senior official with
principal responsibility for artificial intelligence and machine
learning'';
(2) in subsection (a), by striking ``Joint Artificial Intelligence
Center'' and inserting ``office of the official designated under
subsection (b) of section 238 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C.
note prec. 4061) (referred to in this section as the `Official')'';
(3) in subsection (b), by striking ``Director'' each place in
appears and inserting ``Official'';
(4) in subsection (f), by striking ``September 30, 2024'' and
inserting ``September 30, 2026''; and
(5) in subsection (g)--
(A) by striking paragraphs (2) and (3); and
(B) by redesignating paragraph (4) as paragraph (2).
(g) Application of Artificial Intelligence to the Defense Reform Pillar in
the National Defense Strategy.--Section 234(b) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 10 U.S.C. 113 note) is amended by striking ``Director of the Joint
Artificial Intelligence Center'' and inserting ``official designated under
section 238(b) of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. note prec. 4061)''.
(h) Pilot Program on the Use of Electronic Portfolios to Evaluate Certain
Applicants for Technical Positions.--Section 247(c) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 10 U.S.C. note prec. 1580) is amended--
(1) in paragraph (1), by striking ``the Joint Artificial
Intelligence Center'' and inserting ``the office of the official
designated under subsection (b) of section 238 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 10 U.S.C. note prec. 4061)'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) and (4) as paragraphs (2) and
(3), respectively.
(i) Acquisition Authority of the Director of the Joint Artificial
Intelligence Center.--Section 808 the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C.
4001 note) is amended--
(1) in the section heading, by striking ``the director of the joint
artificial intelligence center'' and inserting ``the senior official
with principal responsibility for artificial intelligence and machine
learning'';
(2) in subsection (a)--
(A) by striking ``the Director of the Joint Artificial
Intelligence Center'' and inserting ``the official designated
under subsection (b) of section 238 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 10 U.S.C. note prec. 4061) (referred to in this
section as the `Official')''; and
(B) by striking ``the Center'' and inserting ``the office of
such official (referred to in this section as the `Office')'';
(3) in subsection (b)--
(A) in the subsection heading, by striking ``JAIC'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
(I) by striking ``staff of the Director''
and inserting ``staff of the Official''; and
(II) by striking ``the Director of the
Center'' and inserting ``such Official'';
(ii) in subparagraph (A), by striking ``the Center''
and inserting ``the Office'';
(iii) in subparagraph (B), by striking ``the
Center'' and inserting ``the Office'';
(iv) in subparagraph (C), by striking ``the Center''
each place it appears and inserting ``the Office''; and
(v) in subparagraph (D), by striking ``the Center''
each place it appears and inserting ``the Office''; and
(C) in paragraph (2)--
(i) by striking ``the Center'' and inserting ``the
Office''; and
(ii) by striking ``the Director'' and inserting
``the Official'';
(4) in subsection (c)(1)--
(A) by striking ``the Center'' and inserting ``the Office'';
and
(B) by striking ``the Director'' and inserting ``the
Official'';
(5) in subsection (d), by striking ``the Director'' and inserting
``the Official'';
(6) in subsection (e)--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking ``Center
missions'' and inserting ``the missions of the Office'';
and
(ii) in subparagraph (D), by striking ``the Center''
and inserting ``the Office''; and
(B) in paragraph (3), by striking ``the Center'' and
inserting ``the Office'';
(7) in subsection (f), by striking ``the Director'' and inserting
``the Official''; and
(8) in subsection (g)--
(A) by striking paragraphs (1) and (3); and
(B) by redesignating paragraphs (4) and (5) as paragraphs
(1) and (2), respectively.
(j) Biannual Report on Office of the Senior Official With Principal
Responsibility for Artificial Intelligence and Machine Learning.--Section 260 of
the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92)
is amended--
(1) in the section heading, by striking ``joint artificial
intelligence center'' and inserting ``office of the senior official with
principal responsibility for artificial intelligence and machine
learning'';
(2) in subsection (a)--
(A) by striking ``2023'' and inserting ``2026''; and
(B) by striking ``the Joint Artificial Intelligence Center
(referred to in this section as the `Center')'' and inserting
``the office of the official designated under subsection (b) of
section 238 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. note
prec. 4061) (referred to in this section as the `Office')'';
(3) in subsection (b)--
(A) by striking ``Center'' each place it appears and
inserting ``Office'';
(B) in paragraph (2), by striking ``the National Mission
Initiatives, Component Mission Initiatives, and any other
initiatives'' and inserting ``any initiatives''; and
(C) in paragraph (7), by striking ``the Center's investments
in the National Mission Initiatives and Component Mission
Initiatives'' and inserting ``the Office's investments in its
initiatives and other activities''; and
(4) by striking subsection (c).
(k) Chief Data Officer Responsibility for Department of Defense Data Sets.--
Section 903(b) of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 2223 note) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
(l) Joint Artificial Intelligence Research, Development, and Transition
Activities.--Section 238 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. note prec. 4061) is
amended--
(1) by amending subsection (c) to read as follows:
``(c) Organization and Roles.--
``(1) In general.--In addition to designating an official under
subsection (b), the Secretary of Defense shall assign to appropriate
officials within the Department of Defense roles and responsibilities
relating to the research, development, prototyping, testing, procurement
of, requirements for, and operational use of artificial intelligence
technologies.
``(2) Appropriate officials.--The officials assigned roles and
responsibilities under paragraph (1) shall include--
``(A) the Under Secretary of Defense for Research and
Engineering;
``(B) the Under Secretary of Defense for Acquisition and
Sustainment;
``(C) one or more officials in each military department;
``(D) officials of appropriate Defense Agencies; and
``(E) such other officials as the Secretary of Defense
determines appropriate.'';
(2) in subsection (e), by striking ``Director of the Joint
Artificial Intelligence Center'' and inserting ``official designated
under subsection (b)''; and
(3) by striking subsection (h).
(m) References.--Any reference in any law, regulation, guidance,
instruction, or other document of the Federal Government to the Director of the
Joint Artificial Intelligence Center of the Department of Defense or to the
Joint Artificial Intelligence Center shall be deemed to refer to the official
designated under section 238(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. note prec.
4061) or the office of such official, as the case may be.
SEC. 213. INCLUSION OF OFFICE OF UNDER SECRETARY OF DEFENSE FOR RESEARCH AND
ENGINEERING IN PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT EXPERTS
IN SCIENCE AND ENGINEERING.
Section 4092 of title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the following new
paragraph:
``(10) Office of the under secretary of defense for research and
engineering.--The Under Secretary of Defense for Research and
Engineering may carry out a program of personnel management authority
provided in subsection (b) in order to facilitate recruitment of eminent
experts in science or engineering for the Office of the Under
Secretary.''; and
(2) in subsection (b)(1)--
(A) in subparagraph (H), by striking ``; and'' and inserting
a semicolon;
(B) in subparagraph (I), by striking the semicolon and
inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(J) in the case of the Office of the Under Secretary of
Defense for Research and Engineering, appoint scientists and
engineers to a total of not more than 10 scientific and
engineering positions in the Office;''.
SEC. 214. MODIFICATION OF LIMITATION ON CANCELLATION OF DESIGNATION OF EXECUTIVE
AGENT FOR A CERTAIN DEFENSE PRODUCTION ACT PROGRAM.
Section 226 of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1335) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new subsection:
``(e) Designation of Other Executive Agents.--Notwithstanding the
requirements of this section or section 1792 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (50 U.S.C. 4531 note), the
Secretary of Defense may designate one or more Executive Agents within the
Department of Defense (other than the Executive Agent described in subsection
(a)) to implement Defense Production Act transactions entered into under the
authority of sections 4021, 4022, and 4023 of title 10, United States Code.''.
SEC. 215. SUPPORT FOR RESEARCH AND DEVELOPMENT OF BIOINDUSTRIAL MANUFACTURING
PROCESSES.
(a) Authorization.--Subject to the availability of appropriations, the
Secretary of Defense shall provide support for the development of a network of
bioindustrial manufacturing facilities to conduct research and development to
improve the ability of the industrial base to assess, validate, and scale new,
innovative bioindustrial manufacturing processes for the production of
chemicals, materials, and other products necessary to support national security
or secure fragile supply chains.
(b) Form of Support.--The support provided under subsection (a) may consist
of--
(1) providing funding to one or more existing facilities or the
establishment of new facilities--
(A) to support the research and development of bioindustrial
manufacturing processes; or
(B) to otherwise expand the bioindustrial manufacturing
capabilities of such facilities;
(2) the establishment of dedicated facilities within one or more
bioindustrial manufacturing facilities to serve as regional hubs for the
research, development, and the scaling of bioindustrial manufacturing
processes and products to higher levels of production; or
(3) designating a bioindustrial manufacturing facility to serve as
the lead entity responsible for integrating a network of pilot and
intermediate scale bioindustrial manufacturing facilities.
(c) Activities.--A facility that receives support under subsection (a) shall
carry out activities relating to the research, development, test, and evaluation
of innovative bioindustrial manufacturing processes and the scaling of
bioindustrial manufacturing products to higher levels of production, which may
include--
(1) research on the use of bioindustrial manufacturing to create
materials such as polymers, coatings, resins, commodity chemicals, and
other materials with fragile supply chains;
(2) demonstration projects to evaluate bioindustrial manufacturing
processes and technologies;
(3) activities to scale bioindustrial manufacuring processes and
products to higher levels of production;
(4) strategic planning for infrastructure and equipment investments
for bioindustrial manufacturing of defense-related materials;
(5) analyses of bioindustrial manufactured products and validation
of the application of biological material used as input to new and
existing processes to aid in future investment strategies and the
security of critical supply chains;
(6) the selection, construction, and operation of pilot and
intermediate scale bioindustrial manufacturing facilities;
(7) development and management of a network of facilities to scale
production of bioindustrial products;
(8) activities to address workforce needs in bioindustrial
manufacturing;
(9) establishing an interoperable, secure, digital infrastructure
for collaborative data exchange across entities in the bioindustrial
manufacturing community, including government agencies, industry, and
academia;
(10) developing and implementing digital tools, process security and
assurance capabilities, cybersecurity protocols, and best practices for
data storage, sharing and analysis; and
(11) such other activities as the Secretary of Defense determines
appropriate.
(d) Considerations.--In determining the number, type, and location of
facilities to support under subsection (a), the Secretary of Defense shall
consider--
(1) how the facilities may complement each other or increase
production levels by functioning together as a network;
(2) how to geographically distribute support to such facilities--
(A) to maximize access to biological material needed as an
input to bioindustrial manufacturing processes;
(B) to leverage available industrial and academic expertise,
including workforce and human capital;
(C) to leverage relevant domestic infrastructure required to
secure supply chains for chemicals and other materials;
(D) to leverage access to venture capital and private sector
finance expertise and funding instruments; and
(E) to complement the capabilities of similar facilities;
and
(3) how the activities supported under this section can be
coordinated with relevant activities of other departments and agencies
of the Federal Government.
(e) Initial Concept Plan Required.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees and the National Security Commission on
Emerging Biotechnology an initial concept plan for the implementation of
this section that includes--
(A) an assessment of capacity scaling needs to determine if,
and what type of, additional bioindustrial manufacturing
facilities may be needed to meet the needs of the Department of
Defense;
(B) a description of types, relative sizes, and locations of
the facilities the Secretary intends to establish or support
under this section;
(C) a general description of the focus of each facility,
including the types of bioindustrial manufacturing equipment, if
any, that are expected to be procured for each such facility;
(D) a general description of how the facilities will work as
a network to maximize the diversity of bioindustrial products
available to be produced by the network;
(E) an explanation of how the network will support the
establishment and maintenance of the bioindustrial manufacturing
industrial base; and
(F) an explanation of how the Secretary intends to ensure
that bioindustrial manufacturing activities conducted under this
section are modernized digitally, including through--
(i) the use of data automation to represent
processes and products as models and simulations; and
(ii) the implementation of measures to address
cybersecurity and process assurance concerns.
(2) Briefings.--Not later than 180 days after the date of the
submittal of the plan under paragraph (1), and annually thereafter for
five years, the Secretary of Defense shall provide to the congressional
defense committees a briefing on the Secretary's progress in
implementing the plan.
(f) Bioindustrial Manufacturing Defined.--In this section, the term
``bioindustrial manufacturing'' means the use of living organisms, cells,
tissues, enzymes, or cell-free systems to produce materials and products for
non-pharmaceutical applications.
SEC. 216. AIR-BREATHING AND ROCKET BOOSTER TESTING CAPACITY UPGRADES TO SUPPORT
CRITICAL HYPERSONIC WEAPONS DEVELOPMENT.
(a) In General.--Subject to the availability of appropriations for such
purpose, the Secretary of the Air Force shall carry out activities to upgrade
testing facilities of the Department of the Air Force that support the
development of critical hypersonic weapons that--
(1) use air-breathing or rocket booster capabilities; and
(2) are expected to operate in sea-level or high-altitude
operational domains.
(b) Timeline for Completion.--The Secretary of the Air Force shall seek to
complete any upgrade under subsection (a), subject to availability of
appropriations for such upgrade, not later than 24 months after the upgrade is
commenced.
SEC. 217. COMPETITIVELY AWARDED DEMONSTRATIONS AND TESTS OF ELECTROMAGNETIC
WARFARE TECHNOLOGY.
(a) Demonstrations and Tests Required.--Not later than 270 days after the
date of the enactment of this Act, the Director of the Air Force Rapid
Capabilities Office, in coordination with the Air Force Life Cycle Management
Center, shall select one or more qualified entities under competitive processes
to conduct demonstrations and tests of commercial electronics technology to
determine whether technology currently exists that could enable the following
electromagnetic warfare capabilities:
(1) The operation of multiple emitters and receivers in the same
frequency at the same time and in the same location without mutual
interference and without using adaptive beam forming or nulling.
(2) Protecting the reception of Global Positioning System and other
vulnerable low-power signals from multiple high-power jammers at a level
that is significantly better than the protection afforded by controlled
reception pattern antennas.
(3) Simultaneous transmission from and reception of separate signals
on the same platform wherein the signals lie in the same frequency and
are transmitted and received at the same time without interference.
(4) Capabilities similar those described in paragraphs (1) through
(3) in a live, virtual constructive simulation environment.
(5) Other capabilities that might satisfy or support needs set forth
in the Electromagnetic Spectrum Superiority Strategy Implementation Plan
released on August 5, 2021.
(b) Oversight of Tests.--The Director of Operational Test and Evaluation
shall--
(1) provide oversight of the demonstrations and tests required by
subsection (a);
(2) review other applicable government or commercial demonstrations
and tests; and
(3) not later than 30 days after the completion of the
demonstrations and tests under subsection (a), advise the Chief
Information Officer of the Department of Defense, the Under Secretary of
Defense for Research and Engineering, and the Under Secretary of Defense
for Acquisition and Sustainment of the outcomes of the demonstrations
and tests.
(c) Outcome-based Actions Required.--If the Director of Operational Test and
Evaluation and the Director of the Air Force Rapid Capabilities Office affirm
that the demonstrations and tests under subsection (a) confirm that certain
commercial electronics technology could enable one or more of the capabilities
described in such subsection--
(1) not later than 45 days after the conclusion of the tests under
subsection (a), the Director of the Air Force Rapid Capabilities Office
and the Director of Operational Test and Evaluation shall jointly
provide to the congressional defense committees a briefing on the
outcomes of the tests;
(2) the Director of the Air Force Rapid Capabilities Office may
begin engineering form, fit, and function development and integration to
incorporate technologies demonstrated and tested under subsection (a)
into specific Department of Defense platforms and applications; and
(3) not later than 90 days after the conclusion of the tests under
subsection (a), the Director of the Air Force Rapid Capabilities Office,
the Chief Information Officer, the Under Secretary of Defense for
Research and Engineering, and the Under Secretary of Defense for
Acquisition and Sustainment shall jointly provide to the congressional
defense committees a briefing on any plans of the Department of Defense
to further develop and deploy the technologies demonstrated and tested
under subsection (a) to support the Electromagnetic Spectrum Superiority
Strategy Implementation Plan released on August 5, 2021.
(d) Competitiveness Requirements.--A decision to commit, obligate, or expend
funds for the purposes outlined in this section shall be based on merit-based
selection procedures in accordance with the requirements of sections 3201(e) and
4024 of title 10, United States Code, or on competitive procedures.
(e) Commercial Electronics Technology Defined.--The term ``commercial
electronics technology'' means electronics technology that is--
(1) a commercial component (as defined in section 102 of title 41,
United States Code);
(2) a commercial product (as defined in section 103 such title);
(3) a commercial service (as defined in section 103a of such title);
or
(4) a commercially available off-the-shelf item (as defined in
section 104 of such title).
SEC. 218. ADMINISTRATION OF THE ADVANCED SENSOR APPLICATIONS PROGRAM.
(a) Resource Sponsors.--
(1) In general.--The Commander of Naval Air Systems Command and the
Director of Air Warfare shall jointly serve as the resource sponsors for
the Advanced Sensor Applications Program (commonly known as ``ASAP'' and
in this section referred to as the ``Program'').
(2) Responsibilities.--The resource sponsors of the Program shall be
responsible for the following:
(A) Developing budget requests relating to the Program.
(B) Establishing priorities for the Program.
(C) Approving the execution of funding and projects for the
Program.
(D) Coordination and joint planning with external
stakeholders in matters relating to the Program.
(b) Limitations.--Only the Secretary of the Navy, the Under Secretary of the
Navy, and the Commander of Naval Air Systems Command may--
(1) provide direction and management for the Program;
(2) set priorities for the Program;
(3) regulate or limit the information available or accessible to the
Program;
(4) edit reports or findings generated under the Program; or
(5) coordinate and manage interactions of the Program with external
stakeholders.
(c) Authority for Program Manager.--The program manager for the Program may
access, consider, act on, and apply information, at all levels of classification
and from all sources and organizations, that is pertinent to the projects and
activities that the Program is executing, or considering proposing for the
future.
(d) Quarterly Briefings.--Not less frequently than once every three months,
the program manager for the Program shall provide to the congressional defense
committees and congressional intelligence committees (as defined in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003)) a briefing on all aspects of
the Program, including on the status of--
(1) the implementation of this section;
(2) the implementation of other congressional directives relating to
the Program; and
(3) any direction and oversight of the Program exercised by the
Commander of Naval Air Systems Command, the Secretary of the Navy, or
the Under Secretary of the Navy.
(e) Strategic Relationship.--The program manager for the Program shall
evaluate the feasibility and advisability of establishing a strategic
relationship with the Naval Research Laboratory pursuant to which the Laboratory
provides scientific and technical assistance and support for the Program.
(f) Use of Assets.--The Commander of Naval Air Systems Command shall take
all actions the Commander considers reasonable--
(1) to enable the Program to use assets controlled within the Naval
Air Systems Command enterprise, including sensor systems and platforms;
and
(2) to pursue the use of other assets that may further the mission
of the Program.
(g) Termination.--This section shall have no force or effect after September
30, 2027.
SEC. 219. QUANTIFIABLE ASSURANCE CAPABILITY FOR SECURITY OF MICROELECTRONICS.
(a) Development and Implementation of Capability.--The Secretary of Defense
shall develop and implement a capability for quantifiable assurance to achieve
practical, affordable, and risk-based objectives for security of
microelectronics to enable the Department of Defense to access and apply state-
of-the-art microelectronics for military purposes.
(b) Establishment of Requirements and Schedule of Support for Development,
Test, and Assessment.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Deputy Secretary of Defense shall, in
consultation with the Under Secretary of Defense for Research and
Engineering, establish requirements and a schedule for support from the
National Security Agency to develop, test, assess, implement, and
improve the capability required by subsection (a).
(2) National security agency.--The Director of the National Security
Agency shall take such actions as may be necessary to satisfy the
requirements established under paragraph (1).
(3) Briefing.--Not later than 120 days after the date of the
enactment of this Act, the Under Secretary of Defense for Research and
Engineering and the Director of the National Security Agency shall
jointly provide the congressional defense committees a briefing on the
requirements and the schedule for support established under paragraph
(1).
(c) Assessment.--
(1) In general.--The Secretary of Defense shall assess whether the
Department of Defense, to enable expanded use of unprogrammed
application specific integrated circuits or other custom-designed
integrated circuits manufactured by a supplier that is not using
processes accredited by the Defense Microelectronics Activity for the
purpose of enabling the Department to access commercial state-of-the-art
microelectronics technology using risk-based quantifiable assurance
security methodology, should--
(A) seek changes to the International Traffic in Arms
Regulations under subchapter M of chapter I of title 22, Code of
Federal Regulations, and Department of Defense Instruction
5200.44 (relating to protection of mission critical functions to
achieve trusted systems and networks); and
(B) expand the use of unprogrammed custom-designed
integrated circuits that are not controlled by such regulations.
(2) Briefing.--Not later than April 1, 2023, the Secretary of
Defense shall provide the congressional defense committees a briefing on
the findings of the Secretary with respect to the assessment conducted
under paragraph (1).
SEC. 220. GOVERNMENT-INDUSTRY-ACADEMIA WORKING GROUP ON MICROELECTRONICS.
(a) Establishment and Designation.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall establish a
working group to facilitate coordination among industry, academia, and
the Department of Defense on issues of mutual interest relating to
microelectronics as described in subsection (c).
(2) Designation.--The working group established under paragraph (1)
shall be known as the ``Government-Industry-Academia Working Group on
Microelectronics'' (referred to in this section as the ``Working
Group'').
(b) Composition.--The Working Group shall be composed of representatives of
organizations and elements of the Department of Defense, industry, and academia.
(c) Scope.--The Secretary shall ensure that the Working Group supports
dialogue and coordination among industry, academia, and the Department of
Defense on the following issues relating to microelectronics:
(1) Research needs.
(2) Infrastructure needs and shortfalls.
(3) Technical and process standards.
(4) Training and certification needs for the workforce.
(5) Supply chain issues.
(6) Supply chain, manufacturing, and packaging security.
(7) Technology transition issues and opportunities.
(d) Charter and Policies.--Not later than March 1, 2023, the Secretary of
Defense shall develop a charter and issue policies for the functioning of the
Working Group.
(e) Administrative Support.--The joint federation of capabilities
established under section 937 of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 2224 note) shall provide
administrative support to the Working Group.
(f) Rule of Construction.--Nothing in this section shall be construed to
allow the Department of Defense to provide any competitive advantage to any
participant in the Working Group.
(g) Sunset.--The provisions of this section shall terminate on December 31,
2030.
SEC. 221. TARGET DATE FOR DEPLOYMENT OF 5G WIRELESS BROADBAND INFRASTRUCTURE AT
ALL MILITARY INSTALLATIONS.
(a) Target Required.--Not later than July 30, 2023, the Secretary of Defense
shall--
(1) establish a target date by which the Secretary plans to deploy
5G wireless broadband infrastructure at all military installations; and
(2) establish metrics, which shall be identical for each of the
military departments, to measure progress toward reaching the target
required by paragraph (1).
(b) Annual Report.--Not later than December 31, 2023, and on an annual basis
thereafter until the date specified in subsection (c), the Secretary of Defense
shall submit to the congressional defense committees a report that includes--
(1) the metrics in use pursuant to subsection (a)(2); and
(2) the progress of the Secretary in reaching the target required by
subsection (a)(1).
(c) Termination.--The requirement to submit annual reports under subsection
(b) shall terminate on the date that is five years after the date of the
enactment of this Act.
SEC. 222. OUTREACH TO HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND OTHER
MINORITY-SERVING INSTITUTIONS REGARDING NATIONAL SECURITY
INNOVATION NETWORK PROGRAMS THAT PROMOTE ENTREPRENEURSHIP AND
INNOVATION AT INSTITUTIONS OF HIGHER EDUCATION.
(a) Pilot Program.--The Under Secretary of Defense for Research and
Engineering, acting through the National Security Innovation Network, may carry
out a pilot program under which the Under Secretary conducts activities,
including outreach and technical assistance, to better connect historically
Black colleges and universities and other minority-serving institutions to the
commercialization, innovation, and entrepreneurial activities of the Department
of Defense.
(b) Briefing.--Not later than one year after commencing a pilot program
under subsection (a), the Under Secretary of Defense for Research and
Engineering shall provide to the congressional defense committees a briefing on
the program, including--
(1) an explanation of--
(A) the results of any outreach efforts conducted under the
pilot program;
(B) the success of the pilot program in expanding National
Security Innovation Network programs to historically Black
colleges and universities and other minority-serving
institutions; and
(C) any potential barriers to the expansion of the pilot
program; and
(2) recommendations for how the Department of Defense can support
historically Black colleges and universities and other minority-serving
institutions to enable such institutions to successfully participate in
Department of Defense commercialization, innovation, and
entrepreneurship programs.
(c) Termination.--The authority to carry out the pilot program under
subsection (a) shall terminate on the date that is five years after the date of
the enactment of this Act.
(d) Definitions.--In this section:
(1) The term ``historically Black college or university'' means a
part B institution (as defined in section 322 of the Higher Education
Act of 1965 (20 U.S.C. 1061)).
(2) The term ``other minority-serving institution'' means an
institution of higher education specified in paragraphs (2) through (7)
of section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
SEC. 223. REPORT AND PILOT PROGRAM BASED ON RECOMMENDATIONS REGARDING DEFENSE
RESEARCH CAPACITY AT HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
AND OTHER MINORITY-SERVING INSTITUTIONS.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the recommendations set
forth in the publication of the National Academies of Sciences,
Engineering, and Medicine titled ``Defense Research Capacity at
Historically Black Colleges and Universities and Other Minority
Institutions: Transitioning from Good Intentions to Measurable
Outcomes'' and dated April 28, 2022.
(2) Contents.--The report required under paragraph (1) shall include
the following:
(A) With respect to the recommendations and
subrecommendations set forth in the publication described in
paragraph (1)--
(i) a description of each recommendation and
subrecommendation the Secretary has implemented as of
the date of the report;
(ii) a description of each recommendation and
subrecommendation the Secretary has commenced
implementing as of the date of the report, including a
justification for determining to commence implementing
the recommendation; and
(iii) a description of each recommendation and
subrecommendation the Secretary has not implemented or
commenced implementing as of the date of the report and
a determination as to whether or not to implement the
recommendation.
(B) For each recommendation or subrecommendation the
Secretary determines to implement under subparagraph (A)(iii)--
(i) a timeline for implementation;
(ii) a description of any additional resources or
authorities required for implementation; and
(iii) the plan for implementation.
(C) For each recommendation or subrecommendation the
Secretary determines not to implement under subparagraph
(A)(iii), a justification for the determination not to implement
the recommendation.
(3) Format.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
(b) Program to Implement Report Recommendations and Subrecommendations.--
(1) Program required.--The Secretary of Defense shall establish and
carry out a program (referred to in this subsection as the ``Program'')
under which the Secretary carries out activities to increase the
capacity of eligible institutions to achieve very high research activity
status.
(2) Considerations.--In establishing the Program the Secretary shall
consider--
(A) the recommendations and subrecommendations to be
implemented under subsection (a);
(B) the extent of nascent research capabilities and planned
research capabilities at eligible institutions and the relevance
of those capabilities to research areas of interest to the
Department of Defense;
(C) recommendations from previous studies for increasing the
level of research activity at eligible institutions to very high
research activity status, including measurable milestones such
as growth in very high research activity status indicators and
other relevant factors;
(D) how institutions participating in the Program will
evaluate and assess progress toward achieving very high research
activity status;
(E) how such institutions will sustain an increased level of
research activity after the Program terminates; and
(F) reporting requirements for institutions participating in
the Program.
(3) Consultation.--In designing the Program, the Secretary may
consult with the President's Board of Advisors on historically Black
colleges and universities.
(4) Program activities.--
(A) Activities.--Under the Program, the Secretary shall
carry out activities to build the capacity of eligible
institutions to achieve very high research activity status,
which may include--
(i) activities to support--
(I) faculty professional development;
(II) stipends for undergraduate and graduate
students and post-doctoral scholars;
(III) recruitment and retention of faculty
and graduate students;
(IV) the provision of laboratory equipment
and instrumentation;
(V) communication and dissemination of
research products produced during the Program;
(VI) construction, modernization,
rehabilitation, or retrofitting of facilities
for research purposes; and
(ii) such other activities as the Secretary
determines appropriate.
(B) Identification of priority areas.--The Secretary shall
establish and update, on an annual basis, a list of research
priorities for STEM and critical technologies appropriate for
the Program to assist eligible institutions in identifying
appropriate areas for research and related activities.
(5) Termination.--The Program shall terminate 10 years after the
date on which the Secretary commences the Program.
(6) Evaluation.--Not later than two years after the date of the
enactment of this Act and every two years thereafter until the date on
which the Program terminates under paragraph (5), the Secretary shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report providing an update on the Program,
including--
(A) a description of the activities carried out under the
Program;
(B) an analysis of any growth in very high research activity
status indicators of eligible institutions that participated in
the Program; and
(C) emerging research areas of interest to the Department of
Defense that are being pursued by such institutions.
(7) Report to congress.--Not later than 180 days after the date on
which the program terminates under paragraph (5), the Secretary shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the Program that includes the following:
(A) An analysis of the growth in very high research activity
status indicators of eligible institutions that participated in
the Program.
(B) An evaluation on the effectiveness of the Program in
increasing the research capacity of such institutions.
(C) An explanation of how institutions that achieved very
high research activity status plan to sustain that status after
the termination of the Program.
(D) An evaluation of the maintenance of very high research
status by eligible institutions that participated in the
Program.
(E) An evaluation of the effectiveness of the Program in
increasing the diversity of students conducting high quality
research in unique areas.
(F) Recommendations with respect to further activities and
investments necessary to elevate the research status of
historically Black colleges and universities and other minority-
serving institutions.
(G) Recommendations as to whether the Program should be
renewed or expanded.
(c) Definitions.--In this section:
(1) The term ``eligible institution'' means a historically Black
college or university or other minority-serving institution that is
classified as a high research activity status institution at the time of
participation in the program under subsection (b).
(2) The term ``high research activity status'' means R2 status, as
classified by the Carnegie Classification of Institutions of Higher
Education.
(3) The term ``historically Black college or university'' has the
meaning given the term ``part B institution'' under section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(4) The term ``other minority-serving institution'' means an
institution of higher education specified in paragraphs (2) through (7)
of section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(5) The term ``Secretary'' means the Secretary of Defense.
(6) The term ``very high research activity status'' means R1 status,
as classified by the Carnegie Classification of Institutions of Higher
Education.
(7) The term ``very high research activity status indicators'' means
the categories used by the Carnegie Classification of Institutions of
Higher Education to delineate which institutions have very high activity
status, including--
(A) annual expenditures in science and engineering;
(B) per-capita (faculty member) expenditures in science and
engineering;
(C) annual expenditures in non-science and engineering
fields;
(D) per-capita (faculty member) expenditures in non-science
and engineering fields;
(E) doctorates awarded in science, technology, engineering,
and mathematics fields;
(F) doctorates awarded in social science fields;
(G) doctorates awarded in the humanities;
(H) doctorates awarded in other fields with a research
emphasis;
(I) total number of research staff including postdoctoral
researchers;
(J) other doctorate-holding non-faculty researchers in
science and engineering and per-capita (faculty) number of
doctorate-level research staff including post-doctoral
researchers; and
(K) other categories utilized to determine classification.
SEC. 224. PILOT PROGRAM TO SUPPORT THE DEVELOPMENT OF PATENTABLE INVENTIONS IN
THE DEPARTMENT OF THE NAVY.
(a) In General.--The Secretary of the Navy may carry out a pilot program to
expand the support available to covered personnel who seek to engage in the
development of patentable inventions that--
(1) have applicablity to the job-related functions of such
personnel; and
(2) may have applicability in the civilian sector.
(b) Activities.--As part of the pilot program under subsection (a), the
Secretary of the Navy may--
(1) expand outreach to covered personnel regarding the availability
of patent-related training, legal assistance, and other support for
personnel interested in developing patentable inventions;
(2) expand the availability of patent-related training to covered
personnel, including by making such training available online;
(3) clarify and issue guidance detailing how covered personnel,
including personnel outside of the laboratories and other research
organizations of the Department of the Navy, may--
(A) seek and receive support for the development of
patentable inventions; and
(B) receive a portion of any royalty or other payment as an
inventor or coinventor such as may be due under section
14(a)(1)(A)(i) of the Stevension-Wylder Technology Innovation
Act of 1980 (15 U.S.C. 3710c(a)(1)(A)(i)); and
(4) carry out other such activities as the Secretary determines
appropriate in accordance with the purposes of the pilot program.
(c) Termination.--The authority to carry out the pilot program under
subsection (a) shall terminate three years after the date of the enactment of
this Act.
(d) Definitions.--In this section:
(1) The term ``covered personnel'' means members of the Navy and
Marine Corps and civilian employees of the Department of the Navy,
including members and employees whose primary duties do not involve
research and development.
(2) The term ``patentable invention'' means an invention that is
patentable under title 35, United States Code.
SEC. 225. PILOT PROGRAM TO FACILITATE THE DEVELOPMENT OF BATTERY TECHNOLOGIES
FOR WARFIGHTERS.
(a) Establishment.--
(1) In general.--The Secretary of Defense may establish and carry
out a pilot program to assess the feasibility and advisability of
providing support to battery producers--
(A) to facilitate the research and development of safe and
secure battery technologies for existing and new or novel
battery chemistry configurations, including through the research
and development of new or updated manufacturing processes and
technologies;
(B) to assess commercial battery offerings within the
marketplace for viability and utility for warfighter
applications; and
(C) to transition battery technologies, including
technologies developed under other pilot programs, prototype
projects, or other research and development programs, from the
prototyping phase to manufacturing production.
(2) Designation.--The pilot program established under paragraph (1)
shall be known as the ``Warfighter Electric Battery Transition Project''
(referred to in this section as the ``Project'').
(3) Administration.--The Under Secretary of Defense for Research and
Engineering shall administer the Project.
(b) Grants, Contracts, and Other Agreements.--The Secretary of Defense may
carry out the Project through the award of support, as described in subsection
(a)(1), in the form of grants to, or contracts or other agreements with, battery
producers.
(c) Coordination.--The Secretary of Defense shall ensure that activities
under the Project are coordinated with the Strategic Environmental Research and
Development Program under section 2901 of title 10, United States Code.
(d) Use of Grant and Contract Amounts.--A battery producer who receives a
grant, contract, or other agreement under the Project may use the amount of the
grant, contract, or other agreement to carry out one or more of the following
activities:
(1) Conducting research and development to validate new or novel
battery chemistry configurations, including through--
(A) experimentation;
(B) prototyping;
(C) testing;
(D) adapting battery technology to integrate with other
technologies and systems; or
(E) addressing manufacturing or other production challenges.
(2) Providing commercially available battery technologies to each
Secretary of a military department and the commanders of the combatant
commands to support utility assessments or other testing by warfighters.
(3) Expanding, validating, or assessing battery recycling
capabilities that may provide operational utility to the Department of
Defense.
(4) Building and strengthening relationships of the Department of
Defense with nontraditional defense contractors in the technology
industry that may have unused or underused solutions to specific
operational challenges of the Department relating to battery technology.
(e) Priority of Awards.--In awarding grants, contracts, or other agreements
under the Project, the Secretary shall give preference to battery producers that
meet one or more of the following criteria:
(1) The producer manufactures, designs, or develops battery cells,
packs, modules, or other related capabilities in the United States.
(2) The producer manufactures, designs, or develops battery cells,
packs, modules, or other related capabilities in the national technology
and industrial base (as defined in section 4801 of title 10, United
States Code).
(3) The technology made available by the producer provides
modularity to support diverse applications.
(4) The technology made available by the producer facilitates safety
in tactical and combat applications by using battery chemistries and
configurations that reduce thermal runaway and minimize oxygen
liberation.
(5) The producer demonstrates new or novel battery chemistry
configurations, safety characteristics, or form-factor configurations.
(6) The producer facilitates the domestic supply chain for raw
materials needed for battery production.
(7) The producer offers battery-related commercial products or
commercial services.
(f) Planning, Reporting and Data Collection.--
(1) Plan required before implementation.--
(A) In general.--The Secretary of Defense may not commence
the Project until the Secretary has completed a plan for the
implementation of the Project.
(B) Elements.--The plan under subparagraph (A) shall provide
for--
(i) collecting, analyzing, and retaining Project
data;
(ii) developing and sharing best practices for
achieving the objectives of the Project;
(iii) identification of any policy or regulatory
impediments inhibiting the execution of the Project; and
(iv) sharing results from the Project across the
Department of Defense and with other departments and
agencies of the Federal Government and Congress.
(C) Submittal to congress.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees the
implementation plan developed under subparagraph (A).
(2) Final report.--Not later than one year after the date on which
the Project terminates under subsection (g), the Secretary of Defense
shall submit to the congressional defense committees a final report on
the results of the Project. Such report shall include--
(A) a summary of the objectives achieved by the Project; and
(B) recommendations regarding the steps that may be taken to
promote battery technologies that are not dependent on foreign
competitors to meet the needs of the Armed Forces.
(g) Termination.--The authority to carry out the Project shall terminate on
December 31, 2028.
Subtitle C--Plans, Reports, and Other Matters
SEC. 231. MODIFICATION TO ANNUAL REPORTS OF THE DIRECTOR OF OPERATIONAL TEST AND
EVALUATION.
Section 139(h)(3) of title 10, United States Code, is amended--
(1) by inserting ``or controlled unclassified'' after
``classified''; and
(2) by striking ``submit an unclassified version of the report to
Congress'' and inserting ``submit to Congress a version of the report
that is unclassified and does not require safeguarding or dissemination
controls''.
SEC. 232. EXTENSION OF REQUIREMENT FOR QUARTERLY BRIEFINGS ON STRATEGY FOR FIFTH
GENERATION INFORMATION AND COMMUNICATIONS TECHNOLOGIES.
Section 254(d)(1) of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 10 U.S.C. 4571 note) is amended, in the matter
preceding subparagraph (A), by striking ``March 15, 2022'' and inserting
``December 1, 2026''.
SEC. 233. PLAN FOR INVESTMENTS TO SUPPORT THE DEVELOPMENT OF NOVEL PROCESSING
APPROACHES FOR DEFENSE APPLICATIONS.
(a) Investment Plans Required.--Not later than November 1, 2023, and not
less frequently than once every three years thereafter until December 31, 2035,
the Secretary of Defense shall submit to the congressional defense committees a
plan for making investments to support the development of novel processing
approaches for defense applications.
(b) Elements.--Each investment plan required by subsection (a) shall--
(1) identify any investments the Secretary has made, and any future
investments the Secretary intends to make, in research and technology
development to support the use and fielding of novel processing
approaches for defense applications;
(2) identify any investments the Secretary has made, and any future
investments the Secretary intends to make, to accelerate the development
of novel processing approaches for defense applications, including
investments in--
(A) personnel and workforce capabilities;
(B) facilities and infrastructure to host systems utilizing
novel processing approaches;
(C) algorithm developments necessary to expand the
functionality of each novel processing approach;
(D) other Federal agencies and federally funded
laboratories; and
(E) appropriate international and commercial sector
organizations and activities;
(3) describe mechanisms to coordinate and leverage investments in
novel processing approaches within the Department and with non-Federal
partners;
(4) describe the technical goals to be achieved and capabilities to
be developed under the plan; and
(5) include recommendations for such legislative or administration
actions as may support the effective execution of the investment plan.
(c) Form.--Each plan submitted under subsection (a) shall be submitted in
such form as the Secretary considers appropriate, which may include classified,
unclassified, and publicly releasable formats.
(d) Novel Processing Approaches Defined.--In this section, the term ``novel
processing approaches'' means--
(1) emerging techniques in computation, such as biocomputing,
exascale computing, utility scale quantum computing; and
(2) associated algorithm and hardware development needed to
implement such techniques.
SEC. 234. PLANS TO ACCELERATE THE TRANSITION TO 5G INFORMATION AND
COMMUNICATIONS TECHNOLOGY WITHIN THE MILITARY DEPARTMENTS.
(a) Three-year Transition Plan Required.--
(1) In general.--Not later than 120 days after the date of the
enactment of this Act, each Assistant Secretary concerned shall develop
and submit to the congressional defense committees a plan that
specifies--
(A) the extent to which fifth generation information and
communications technology (5G) infrastructure is expected to be
implemented in the military department of the Assistant
Secretary by the end of the three-year period following the date
of the enactment of this Act; and
(B) how the implementation of such technology is expected to
be achieved during such period.
(2) Elements.--Each plan required under paragraph (1) shall
include--
(A) an operational needs assessment that identifies the
highest priority areas in which the Assistant Secretary intends
to implement fifth generation information and communications
technologies during the three-year period described in paragraph
(1);
(B) an explanation of--
(i) whether and to what extent the Assistant
Secretary intends to use an open radio access network
approach in implementing fifth generation information
and communications technologies in the areas identified
under subparagraph (A); and
(ii) if the Assistant Secretary does not intend to
use such an open radio access network approach, an
explanation of the reasons for such determination;
(C) an investment plan that includes funding estimates, by
fiscal year and appropriation account, to accelerate--
(i) the maturation and acquisition of fifth
generation information and communications capabilities
that use the open radio access network approach; and
(ii) the deployment of such capabilities in the
facilities and systems of the military department
concerned;
(D) metrics and reporting mechanisms to ensure progress in
achieving the objectives of the plan within the three-year
period described in paragraph (1);
(E) identification and designation of a single point of
contact at each military installation and within each armed
force under the jurisdiction of the military department
concerned to facilitate the deployment of fifth generation
information and communications technologies;
(F) actions the Assistant Secretary intends to carry out to
streamline the process for establishing fifth generation
wireless coverage at military installations, including actions
to reduce delays caused by policies and processes relating to
contracting, communications, and the use of real property;
(G) identification of investments that are required to
support the transition to fifth generation information and
communications technology that uses an open radio access network
approach; and
(H) such other matters as the Assistant Secretary considers
appropriate.
(3) Coordination.--In developing the plans required under paragraph
(1), each Assistant Secretary concerned shall coordinate with--
(A) the Chief Information Officer of the Department of
Defense;
(B) and the Under Secretary of Defense for Acquisition and
Sustainment; and
(C) the Under Secretary of Defense for Research and
Engineering.
(4) Form of plan.--Each plan required under paragraph (1) shall be
submitted in unclassified form.
(b) Cross-functional Team Assessment.--
(1) Assessment and briefing required.--After all of the plans
required by subsection (a)(1) have been submitted in accordance with
such subsection and not later than 150 days after the date of the
enactment of this Act, the cross-functional team established pursuant to
section 224(c)(1) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C.
4571 note) shall assess such plans and provide to the congressional
defense committees a briefing on the findings of the team with respect
to such assessment.
(2) Elements.--The briefing provided under paragraph (1) shall
include the following:
(A) Recommendations to further accelerate the deployment of
fifth-generation information and communications technologies
that use the open radio access network approach across the
Department of Defense.
(B) Recommendations to standardize and streamline the
process for establishing fifth generation wireless coverage at
military installations, including recommendations for reducing
delays caused by policies and processes relating to contracting,
communications, and the use of real property.
(C) A plan for the inclusion of representatives of the
Department of Defense in international wireless standards-
setting bodies.
(D) Such other matters as the cross-functional team
described in paragraph (1) considers appropriate.
(c) Definitions.--In this section:
(1) The term ``Assistant Secretary concerned'' means--
(A) the Assistant Secretary of the Army for Acquisition,
Logistics, and Technology, with respect to matters concerning
the Department of the Army;
(B) the Assistant Secretary of the Navy for Research,
Development, and Acquisition, with respect to matters concerning
the Department of the Navy; and
(C) the Assistant Secretary of the Air Force for
Acquisition, Technology, and Logistics, with respect to matters
concerning the Department of the Air Force.
(2) The term ``open radio access network approach'' means an
approach to networking, such as the Open Radio Access Network (commonly
known as ``Open RAN''), that uses open protocols and interfaces within a
network so that components provided by different vendors can be
interoperable.
SEC. 235. PLAN FOR DEFENSE ADVANCED RESEARCH PROJECTS AGENCY INNOVATION
FELLOWSHIP PROGRAM.
(a) In General.--The Director of the Defense Advanced Research Projects
Agency shall develop a plan for the establishment of a fellowship program (to be
known as the ``Innovation Fellowship Program'') to expand opportunities for
early career scientists to participate in the programs, projects, and other
activities of the Agency.
(b) Elements.--In developing the plan under subsection (a), the Director of
the Defense Advanced Research Projects Agency shall--
(1) review the types of programs, projects, and other activities of
the Agency that may be open to participation from early career
scientists to identify opportunities for the expansion of such
participation;
(2) identify criteria for evaluating applicants to the fellowship
program described in subsection (a);
(3) establish detailed plans for the implementation of the
fellowship program;
(4) conduct an assessment of the potential costs of the fellowship
program;
(5) define eligibility requirements for participants in the
fellowship program; and
(6) address such other matters as the Director determines
appropriate.
(c) Submittal to Congress.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Defense Advanced Research Projects
Agency shall submit to the congressional defense committee a report that
includes--
(1) the plan developed under subsection (a); and
(2) recommendations for expanding opportunities for early career
scientists to participate in the programs, projects, and other
activities of the Agency.
(d) Early Career Scientist Defined.--The term ``early career scientist''
means a scientist who is in an early stage of career development according to
criteria determined by the Director of the Defense Advanced Research Projects
Agency for purposes of this section.
SEC. 236. STRATEGY AND PLAN FOR FOSTERING AND STRENGTHENING THE DEFENSE
INNOVATION ECOSYSTEM.
(a) Strategy and Implementation Plan Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense, acting
through the Under Secretary of Defense for Research and Engineering, shall
develop--
(1) a strategy fostering and strengthening the defense innovation
ecosystem; and
(2) a plan for implementing such strategy.
(b) Purposes.--
(1) Strategy.--The purpose of the strategy required by subsection
(a)(1) is to provide a framework for identifying, assessing, and
tracking innovation ecosystems that are beneficial to advancing the
defense, national security, and warfighting missions of the Department
of Defense.
(2) Implementation plan.--The purpose of the implementation plan
required by subsection (a)(2) is to provide--
(A) concrete steps and measures of effectiveness to gauge
the effect of the innovation ecosystems described in paragraph
(1) on the Department; and
(B) a means for assessing the effectiveness of the strategy
developed under subsection (a)(1), including the approaches
taken by the Department to grow, foster, and sustain such
innovation ecosystems.
(c) Elements.--The strategy and the implementation plan required by
subsection (a) shall include the following elements:
(1) A process for defining, assessing, and selecting innovation
ecosystems with potential to provide benefit to the Department of
Defense.
(2) Metrics for measuring the performance and health of innovation
ecosystems being supported by the Department, including identification
of criteria to determine when to support or cease supporting identified
ecosystems.
(3) Identification of the authorities and Department of Defense
research, development, test, and evaluation assets that can be used to
identify, establish, sustain, and expand innovation ecosystems.
(4) For each innovation ecosystem supported by the Department--
(A) a description of the core competencies or focus areas of
the ecosystem;
(B) identification of any organizations or elements of the
Department that engage with the ecosystem;
(C) identification of the private sector assets that are
being used to support, sustain, and expand the identified
innovation ecosystem; and
(D) a description of any challenges and successes associated
with such ecosystem.
(5) Such other elements as the Secretary considers appropriate.
(d) Interim Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
congressional defense committees a briefing on the strategy and implementation
plan developed under subsection (a).
(e) Submittal of Strategy and Plan.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees the strategy and implementation plan developed
under subsection (a).
(f) Quadrennial Updates.--Not later than March 1, 2027, and not less
frequently than once ever four years thereafter until December 31, 2039, the
Secretary shall--
(1) update the strategy and plan developed under subsection (a); and
(2) submit the updated strategy and plan to the congressional
defense committees.
(g) Definitions.--In this section:
(1) The term ``Department of Defense research, development, test,
and evaluation assets'' includes the following:
(A) The Department of Defense science and technology
reinvention laboratories designated under section 4121 of title
10, United States Code.
(B) The Major Range and Test Facility Base (as defined in
section 4173(i) of such title).
(C) Department of Defense sponsored manufacturing innovation
institutes.
(D) The organic industrial base.
(E) Defense Agencies and Department of Defense Field
Activities (as defined in section 101(a) of title 10, United
States Code) that carry out activities using funds appropriated
for research, development, test, and evaluation.
(F) Any other organization or element of the Department of
Defense that carries out activities using funds appropriated for
research, development, test, and evaluation.
(2) The term ``innovation ecosystem'' refers to a regionally based
network of private sector, academic, and government institutions in a
network of formal and informal institutional relationships that
contribute to technological and economic development in a defined
technology sector or sectors.
SEC. 237. ASSESSMENT AND STRATEGY RELATING TO HYPERSONIC TESTING CAPACITY OF THE
DEPARTMENT OF DEFENSE.
(a) Assessment.--The Secretary of Defense shall assess the capacity of the
Department of Defense to test, evaluate, and qualify the hypersonic capabilities
and related technologies of the Department.
(b) Elements.--The assessment under subsection (a) shall include the
following:
(1) An assumption, for purposes of evaluating the capacity described
in subsection (a), that the Department of Defense will conduct at least
one full-scale, operationally relevant, live-fire, hypersonic weapon
test of each hypersonic weapon system that is under development each
year by each of the Air Force, the Army, and the Navy, once such system
reaches initial operational capability.
(2) An identification of test facilities outside the Department of
Defense that have potential to be used to expand the capacity described
in subsection (a), including test facilities of other departments and
agencies of the Federal Government, academia, and commercial test
facilities.
(3) An analysis of the capability of each test facility identified
under paragraph (2) to simulate various individual and coupled
hypersonic conditions to accurately simulate a realistic flight-like
environment with all relevant aero-thermochemical conditions.
(4) An identification of the coordination, scheduling, reimbursement
processes, and requirements needed for the potential use of test
facilities of other departments and agencies of the Federal Government,
as available.
(5) An analysis of the test frequency, scheduling lead time, test
cost, and capacity of each test facility identified under paragraph (2).
(6) A review of test facilities identified under paragraph (2) that
could enhance efforts to test flight vehicles of the Department in all
phases of hypersonic flight, and other technologies, including sensors,
communications, thermal protective shields and materials, optical
windows, navigation, and environmental sensors.
(7) An assessment of any cost savings and time savings that could
result from using technologies identified in the strategy under
subsection (c).
(c) Strategy.--
(1) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a strategy to coordinate the
potential use of test facilities and ranges identified under subsection
(b)(2) to evaluate hypersonic technologies.
(2) Elements.--The strategy under paragraph (1) shall--
(A) be based on the assessment under subsection (a);
(B) address how the Secretary will coordinate with other
departments and agencies of the Federal Government, including
the National Aeronautics and Space Administration, to plan for
and schedule the potential use of other Federal Government-owned
test facilities and ranges, as available, to evaluate the
hypersonic technologies of the Department of Defense;
(C) to the extent practicable, address in what cases the
Secretary can use test facilities identified under subsection
(b)(2) to fill any existing testing requirement gaps to enhance
and accelerate flight qualification of critical hypersonic
technologies of the Department;
(D) identify--
(i) the resources needed to improve the frequency
and capacity for testing hypersonic technologies of the
Department at ground-based test facilities and flight
test ranges, including estimated costs for conducting at
least one full-scale, operationally relevant, live-fire,
hypersonic weapon test of each hypersonic weapon system
that is under development each year by each of the Air
Force, the Army, and the Navy, once such system reaches
initial operational capability;
(ii) the resources needed to reimburse other
departments and agencies of the Federal Government for
the use of the test facilities and ranges of those
departments or agencies to test the hypersonics
technologies of the Department;
(iii) the requirements, approval processes, and
resources needed to enhance, as appropriate, the testing
capabilities and capacity of other Federal Government-
owned test facilities and flight ranges, in coordination
with the heads of the relevant departments and agencies;
(iv) investments that the Secretary can make to
incorporate test facilities identified under subsection
(b)(2) into the overall hypersonic test infrastructure
of the Department of Defense; and
(v) the environmental conditions, testing sizes, and
duration required for flight qualification of both
hypersonic cruise and hypersonic boost-glide
technologies of the Department; and
(E) address all advanced or emerging technologies that could
shorten timelines and reduce costs for hypersonic missile
testing, including with respect to--
(i) 3D printing of hypersonic test missile
components including the frame, warhead, and propulsion
systems;
(ii) reusable hypersonic test beds, including air-
launched, sea-launched, and ground-launched options;
(iii) additive manufacturing solutions;
(iv) the potential use of airborne platforms other
than the B-52 aircraft to improve flight schedules for
such testing; and
(v) other relevant technologies.
(3) Coordination.--The Secretary of Defense shall develop the
strategy under paragraph (1) in coordination with the Program Director
of the Joint Hypersonics Transition Office, the Administrator of the
National Aeronautics and Space Administration, the research laboratories
of the military departments, and the Department of Defense Test Resource
Management Center.
(d) Report on Estimated Costs of Conducting a Minimum Frequency of
Hypersonic Weapons Testing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the appropriate
congressional committees a report that includes an estimate of the costs of
conducting at least one full-scale, operationally relevant, live-fire,
hypersonic weapon test of each hypersonic weapon system that is under
development each year by each of the Air Force, the Army, and the Navy, once
such system reaches initial operational capability.
(e) Appropriate Congressional Committees Defined.--The term ``appropriate
congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 238. ANNUAL REPORT ON STUDIES AND REPORTS OF FEDERALLY FUNDED RESEARCH AND
DEVELOPMENT CENTERS.
(a) Annual Report Required.--On an annual basis, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the House of
Representatives a report that identifies and provides information about the
studies and reports undertaken for the Department of Defense by federally funded
research and development centers.
(b) Elements.--Each report submitted under subsection (a) shall set forth
the following:
(1) A list identifying each study and report undertaken by a
federally funded research center for the Department of Defense--
(A) that has been completed during the period covered by the
report under subsection (a); or
(B) that is in progress as of the date of the report under
subsection (a).
(2) For each study and report listed under paragraph (1), the
following:
(A) The title of the study or report.
(B) The federally funded research and development center
undertaking the study or report.
(C) The amount of funding provided to the federally funded
research and development center under the contract or other
agreement pursuant to which the study or report is being
produced or conducted.
(D) The completion date or anticipated completion date of
the study or report.
(c) Exceptions.--The report required by subsection (a) shall not apply to
the following:
(1) Classified reports or studies.
(2) Technical reports associated with scientific research or
technical development activities.
(3) Any report or study undertaken pursuant to a contract or other
agreement between a federally funded research and development center and
an entity outside the Department of Defense.
(4) Reports or studies that are in draft form or that have not
undergone a peer-review or prepublication security review process
established by the federally funded research and development center
concerned.
(d) Special Rule.--Each report under subsection (a) shall be generated using
the products and processes generated pursuant to section 908 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283; 10 U.S.C. 111 note).
(e) Termination.--The requirement to submit annual reports under subsection
(a) shall terminate on the date that is three years after the date of the
enactment of this Act.
SEC. 239. REPORT ON RECOMMENDATIONS FROM ARMY FUTURES COMMAND RESEARCH PROGRAM
REALIGNMENT STUDY.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army shall submit to the
congressional defense committees a report on the recommendations set forth in
the publication of the National Academies of Sciences, Engineering, and Medicine
titled ``Consensus Study Report: U.S. Army Futures Command Research Program
Realignment'' and dated April 23, 2022.
(b) Contents.--The report submitted under subsection (a) shall include the
following:
(1) A description of each recommendation described in such
subsection that has already been implemented.
(2) A description of each recommendation described in such
subsection that the Secretary has commenced implementing, including a
justification for determining to commence implementing the
recommendation.
(3) A description of each recommendation described in such
subsection that the Secretary has not implemented or commenced
implementing and a determination as to whether or not to implement the
recommendation.
(4) For each recommendation under paragraph (3) the Secretary
determines to implement, the following:
(A) A timeline for implementation.
(B) A description of any additional resources or authorities
required for implementation.
(C) The plan for implementation.
(5) For each recommendation under paragraph (3) the Secretary
determines not to implement, a justification for the determination not
to implement.
(c) Format.--The report required by subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 240. REPORT ON POTENTIAL FOR INCREASED UTILIZATION OF THE ELECTRONIC
PROVING GROUNDS TESTING RANGE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the Chair of the
Electronic Warfare Executive Committee of the Department of Defense, shall
submit to the congressional defense committees a report on the Electronic
Proving Grounds testing range located at Fort Huachuca, Arizona.
(b) Elements.--The report under subsection (a) shall address--
(1) the amount and types of testing activities conducted at the
Electronic Proving Grounds testing range;
(2) any shortfalls in the facilities and equipment of the range;
(3) the capacity of the range to be used for additional testing
activities;
(4) the possibility of using the range for the testing activities of
other Armed Forces, Federal agencies, and private-sector entities in the
United States;
(5) the capacity of the range to be used for realistic electronic
warfare training;
(6) electronic warfare training shortfalls at domestic military
installations generally; and
(7) the feasibility and advisability of providing a dedicated
training area for electronic warfare capabilities.
(c) Consultation.--In preparing the report under subsection (a), the Chair
of the Electronic Warfare Executive Committee shall consult with the following:
(1) The Under Secretary of Defense for Research and Engineering.
(2) The Chief Information Officer of the Department of Defense.
(3) The Director of Operational Test and Evaluation of the
Department of Defense.
(4) The Commander of the United States Strategic Command.
(5) The Secretary of the Army.
(6) The Electromagnetic Spectrum Operations Cross-Functional Team
established pursuant to section 911(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C.
111 note).
(7) The governments of Cochise County and Sierra Vista, Arizona.
SEC. 241. STUDY ON COSTS ASSOCIATED WITH UNDERPERFORMING SOFTWARE AND
INFORMATION TECHNOLOGY.
(a) Study Required.--The Secretary of Defense shall seek to enter into a
contract or other agreement with an eligible entity to conduct an independent
study on the challenges associated with the use of software and information
technology in the Department of Defense, the effects of such challenges, and
potential solutions to such challenges.
(b) Elements.--The independent study conducted under subsection (a) shall
include the following:
(1) A survey of members of each Armed Force under the jurisdiction
of a Secretary of a military department to identify the most important
software and information technology challenges that result in lost
working hours, including--
(A) an estimate of the number of working hours lost due to
each challenge and the cost of such lost working hours;
(B) the effects of each challenge on servicemember and
employee retention; and
(C) any negative effects of each challenge on a mission of
the Armed Force or military department concerned.
(2) A summary of the policy or technical challenges that limit the
ability of each Secretary of a military department to implement needed
software and information technology reforms, which shall be determined
based on interviews conducted with individuals who serve as a chief
information officer (or an equivalent position) in a military
department.
(3) Development of a framework for assessing underperforming
software and information technology, with an emphasis on foundational
information technology to standardize the measurement and comparison of
programs across the Department of Defense and its component
organizations. Such a framework shall enable the assessment of
underperforming software and information technology based on--
(A) designs, interfaces, and functionality which prioritize
user experience and efficacy;
(B) costs due to lost productivity;
(C) reliability and sustainability;
(D) comparisons between--
(i) outdated or outmoded information technologies,
software, and applications; and
(ii) modern information technologies, software, and
applications;
(E) overhead costs for software and information technology
in the Department compared to the overhead costs for comparable
software and information technology in the private sector;
(F) comparison of the amounts the Department planned to
expend on software and information technology services versus
the amounts actually spent for such software and services;
(G) the mean amount of time it takes to resolve technical
problems reported by users;
(H) the average rate, expressed in time, for remediating or
patching weaknesses or flaws in information technologies,
software, and applications;
(I) workforce training time; and
(J) customer satisfaction.
(4) The development of recommendations--
(A) to address the challenges identified under paragraph
(1); and
(B) to improve the processes through which the Secretary
provides software and information technology throughout the
Department, including through--
(i) business processes reengineering;
(ii) improvement of procurement or sustainment
processes;
(iii) remediation of hardware and software
technology gaps; and
(iv) the development of more detailed and effective
cost estimates.
(c) Report Required.--Not later than one year after the date of the
enactment of this Act, the eligible entity that conducts the study under
subsection (a) shall submit to the Secretary of Defense and the congressional
defense committees a report on the results of such study.
(d) Definitions.--In this section:
(1) The term ``eligible entity'' means an independent entity not
under the direction or control of the Secretary of Defense, which may
include a department or agency of the Federal Government outside the
Department of Defense.
(2) The term ``software and information technology'' does not
include embedded software and information technology used for weapon
systems.
SEC. 242. STUDY AND REPORT ON SUFFICIENCY OF OPERATIONAL TEST AND EVALUATION
RESOURCES SUPPORTING CERTAIN MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) Study.--The Director of Operational Test and Evaluation of the
Department of Defense shall conduct a study of at least one major defense
acquisition program within each covered Armed Force to determine the sufficiency
of the operational test and evaluation resources supporting such program.
(b) Elements.--The study under subsection (a) shall include, with respect to
each major defense acquisition program evaluated as part of the study, the
following:
(1) Identification and assessment of the operational test and
evaluation resources supporting the program--
(A) as of the date of the study;
(B) during the five-year period preceding the date of the
study; and
(C) over the period covered by the most recent future-years
defense program submitted to Congress under section 221 of title
10, United States Code.
(2) For any operational test and evaluation resources determined to
be insufficient to meet the needs of the program, an evaluation of the
amount of additional funding and any other support that may be required
to ensure the sufficiency of such resources.
(3) The amount of Government-funded, contractor-provided operational
test and evaluation resources--
(A) provided for the program as of the date of the study;
and
(B) that are planned to be provided for the program after
such date.
(4) Such other matters as the Director of Operational Test and
Evaluation determines to be relevant to the study.
(c) Report.--Not later than one year after the date of the enactment of this
Act, the Director of Operational Test and Evaluation shall submit to the
congressional defense committees a report on the results of the study conducted
under subsection (a).
(d) Definitions.--In this section:
(1) The term ``covered Armed Force'' means the Army, the Navy, the
Marine Corps, the Air Force, and the Space Force.
(2) The term ``major defense acquisition program'' has the meaning
given that term in section 4201 of title 10, United States Code.
(3) The term ``operational test and evaluation resources'' means the
facilities, specialized test assets, schedule, workforce, and any other
resources supporting operational test and evaluation activities under a
major defense acquisition program.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Center for Excellence in Environmental Security.
Sec. 312. Participation in pollutant banks and water quality trading.
Sec. 313. Consideration under Defense Environmental Restoration Program
for State-owned facilities of the National
Guard with proven exposure of hazardous
substances and waste.
Sec. 314. Renewal of annual environmental and energy reports of
Department of Defense.
Sec. 315. Aggregation of energy conservation measures and funding.
Sec. 316. Additional special considerations for energy performance
goals and energy performance master plan.
Sec. 317. Purchase or lease of electric, zero emission, advanced-
biofuel-powered, or hydrogen-powered
vehicles for the Department of Defense.
Sec. 318. Clarification and requirement for Department of Defense
relating to renewable biomass and biogas.
Sec. 319. Programs of military departments on reduction of fuel
reliance and promotion of energy-aware
behaviors.
Sec. 320. Establishment of joint working group to determine joint
requirements for future operational energy
needs of Department of Defense.
Sec. 321. Amendment to budgeting of Department of Defense relating to
extreme weather.
Sec. 322. Prototype and demonstration projects for energy resilience at
certain military installations.
Sec. 323. Pilot program for development of electric vehicle charging
solutions to mitigate grid stress.
Sec. 324. Pilot program on use of sustainable aviation fuel.
Sec. 325. Policy to increase disposition of spent advanced batteries
through recycling.
Sec. 326. Guidance and target goal relating to formerly used defense
sites programs.
Sec. 327. Analysis and plan for addressing heat island effect on
military installations.
Sec. 328. Limitation on replacement of non-tactical vehicle fleet of
Department of Defense with electric
vehicles, advanced-biofuel-powered
vehicles, or hydrogen-powered vehicles.
Subtitle C--Red Hill Bulk Fuel Storage Facility
Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility.
Sec. 332. Authorization of closure of underground storage tank system
at Red Hill Bulk Fuel Storage Facility.
Sec. 333. Report on bulk fuel requirements applicable to United States
Indo-Pacific Command.
Sec. 334. Placement of sentinel or monitoring wells in proximity to Red
Hill Bulk Fuel Storage Facility.
Sec. 335. Studies relating to water needs of the Armed Forces on Oahu.
Sec. 336. Study on alternative uses for Red Hill Bulk Fuel Storage
Facility.
Sec. 337. Briefing on Department of Defense efforts to track health
implications of fuel leaks at Red Hill Bulk
Fuel Storage Facility.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 341. Department of Defense research relating to perfluoroalkyl or
polyfluoroalkyl substances.
Sec. 342. Increase of transfer authority for funding of study and
assessment on health implications of per-
and polyfluoroalkyl substances
contamination in drinking water by Agency
for Toxic Substances and Disease Registry.
Sec. 343. Prizes for development of non-PFAS-containing turnout gear.
Sec. 344. Modification of limitation on disclosure of results of
testing for perfluoroalkyl or
polyfluoroalkyl substances on private
property.
Sec. 345. Restriction on procurement or purchasing by Department of
Defense of turnout gear for firefighters
containing perfluoroalkyl substances or
polyfluoroalkyl substances.
Sec. 346. Annual report on PFAS contamination at certain military
installations from sources other than
aqueous film-forming foam.
Sec. 347. Report on critical PFAS uses; briefings on Department of
Defense procurement of certain items
containing PFOS or PFOA.
Subtitle E--Logistics and Sustainment
Sec. 351. Resources required for achieving materiel readiness metrics
and objectives for major defense
acquisition programs.
Sec. 352. Annual plan for maintenance and modernization of naval
vessels.
Sec. 353. Inclusion of information regarding joint medical estimates in
readiness reports.
Sec. 354. Inapplicability of advance billing dollar limitation for
relief efforts following major disasters or
emergencies.
Sec. 355. Repeal of Comptroller General review on time limitations on
duration of public-private competitions.
Sec. 356. Implementation of Comptroller General recommendations
regarding Shipyard Infrastructure
Optimization Plan of the Navy.
Sec. 357. Limitation on availability of funds for military information
support operations.
Sec. 358. Notification of modification to policy regarding retention
rates for Navy ship repair contracts.
Sec. 359. Research and analysis on capacity of private shipyards in
United States and effect of those shipyards
on Naval fleet readiness.
Sec. 360. Independent study relating to fuel distribution logistics
across United States Indo-Pacific Command.
Sec. 361. Quarterly briefings on expenditures for establishment of fuel
distribution points in United States Indo-
Pacific Command area of responsibility.
Subtitle F--Matters Relating to Depots and Ammunition Production
Facilities
Sec. 371. Budgeting for depot and ammunition production facility
maintenance and repair: annual report.
Sec. 372. Extension of authorization of depot working capital funds for
unspecified minor military construction.
Sec. 373. Five-year plans for improvements to depot and ammunition
production facility infrastructure.
Sec. 374. Modification to minimum capital investment for certain
depots.
Sec. 375. Continuation of requirement for biennial report on core
depot-level maintenance and repair.
Sec. 376. Continuation of requirement for annual report on funds
expended for performance of depot-level
maintenance and repair workloads.
Sec. 377. Clarification of calculation for certain workload carryover
of Department of the Army.
Subtitle G--Other Matters
Sec. 381. Annual reports by Deputy Secretary of Defense on activities
of Joint Safety Council.
Sec. 382. Accountability for Department of Defense contractors using
military working dogs.
Sec. 383. Membership of Coast Guard on Joint Safety Council.
Sec. 384. Inclusion in report on unfunded priorities National Guard
responsibilities in connection with natural
and man-made disasters.
Sec. 385. Support for training of National Guard personnel on wildfire
prevention and response.
Sec. 386. Interagency collaboration and extension of pilot program on
military working dogs and explosives
detection.
Sec. 387. Amendment to the Sikes Act.
Sec. 388. National standards for Federal fire protection at military
installations.
Sec. 389. Pilot programs for tactical vehicle safety data collection.
Sec. 390. Requirements relating to reduction of out-of-pocket costs of
members of the Armed Forces for uniform
items.
Sec. 391. Implementation of recommendations relating to animal facility
sanitation and plan for housing and care of
horses.
Sec. 392. Continued designation of Secretary of the Navy as executive
agent for Naval Small Craft Instruction and
Technical Training School.
Sec. 393. Prohibition on use of funds for retirement of legacy maritime
mine countermeasures platforms.
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2023 for the
use of the Armed Forces and other activities and agencies of the Department of
Defense for expenses, not otherwise provided for, for operation and maintenance,
as specified in the funding table in section 4301.
Subtitle B--Energy and Environment
SEC. 311. CENTER FOR EXCELLENCE IN ENVIRONMENTAL SECURITY.
Chapter 7 of title 10, United States Code, is amended by inserting after
section 182 the following new section (and conforming the table of sections at
the beginning of such chapter accordingly):
``Sec. 182a. Center for Excellence in Environmental Security
``(a) Establishment.--The Secretary of Defense may operate a Center for
Excellence in Environmental Security (in this section referred to as the
`Center').
``(b) Missions.--(1) The Center shall be used to provide and facilitate
education, training, and research in civil-military operations, particularly
operations that require international assistance and operations that require
coordination between the Department of Defense and other Federal agencies.
``(2) The Center shall be used to provide and facilitate education,
training, interagency coordination, and research on the following additional
matters:
``(A) Management of the consequences of environmental insecurity
with respect to--
``(i) access to water, food, and energy;
``(ii) related health matters; and
``(iii) matters relating to when, how, and why environmental
stresses to human safety, health, water, energy, and food will
cascade to economic, social, political, or national security
events.
``(B) Appropriate roles for the reserve components in response to
environmental insecurity resulting from natural disasters.
``(C) Meeting requirements for information in connection with
regional and global disasters, including through the use of advanced
communications technology as a virtual library.
``(3) The Center shall perform such other missions as the Secretary of
Defense may specify.
``(4) To assist the Center in carrying out the missions under this
subsection, upon request of the Center, the head of any Federal agency may grant
to the Center access to the data, archives, and other physical resources
(including facilities) of that agency, and may detail any personnel of that
agency to the Center, for the purpose of enabling the development of global
environmental indicators.
``(c) Joint Operation With Educational Institution Authorized.--The
Secretary of Defense may enter into an agreement with appropriate officials of
an institution of higher education to provide for the operation of the Center.
Any such agreement shall provide for the institution to furnish necessary
administrative services for the Center, including by directly providing such
services or providing the funds for such services.
``(d) Acceptance of Donations.--(1) Except as provided in paragraph (2), the
Secretary of Defense may accept, on behalf of the Center, donations to be used
to defray the costs of the Center or to enhance the operation of the Center.
Such donations may be accepted from any agency of the Federal Government, any
State or local government, any foreign government, any foundation or other
charitable organization (including any that is organized or operates under the
laws of a foreign country), or any other private source in the United States or
a foreign country.
``(2) The Secretary may not accept a donation under paragraph (1) if the
acceptance of the donation would compromise or appear to compromise--
``(A) the ability of the Department of Defense, any employee of the
Department, or any member of the armed forces, to carry out any
responsibility or duty of the Department or the armed forces in a fair
and objective manner; or
``(B) the integrity of any program of the Department of Defense or
of any person involved in such a program.
``(3) The Secretary shall prescribe written guidance setting forth the
criteria to be used in determining whether or not the acceptance of a foreign
donation under paragraph (1) would have a result described in paragraph (2).
``(4) Funds accepted by the Secretary under paragraph (1) as a donation on
behalf of the Center shall be credited to appropriations available to the
Department of Defense for the Center. Funds so credited shall be merged with the
appropriations to which credited and shall be available for the Center for the
same purposes and the same period as the appropriations with which merged.''.
SEC. 312. PARTICIPATION IN POLLUTANT BANKS AND WATER QUALITY TRADING.
(a) In General.--Chapter 159 of title 10, United States Code, is amended by
inserting after section 2694c the following new section:
``Sec. 2694d. Participation in pollutant banks and water quality trading
``(a) Authority to Participate.--The Secretary of a military department, and
the Secretary of Defense with respect to matters concerning a Defense Agency,
when engaged in an authorized activity that may or will result in the discharge
of pollutants, may make payments to a pollutant banking program or water quality
trading program approved in accordance with the Water Quality Trading Policy
dated January 13, 2003, set forth by the Office of Water of the Environmental
Protection Agency, or any successor administrative guidance or regulation.
``(b) Treatment of Payments.--Payments made under subsection (a) to a
pollutant banking program or water quality trading program may be treated as
eligible project costs for military construction.
``(c) Discharge of Pollutants Defined.--In this section, the term `discharge
of pollutants' has the meaning given that term in section 502(12) of the Federal
Water Pollution Control Act (33 U.S.C. 1362(12)) (commonly referred to as the
`Clean Water Act').''.
(b) Clerical Amendment.--The table of sections at the beginning of such
chapter is amended by inserting after the item relating to section 2694c
following new item:
``2694d. Participation in pollutant banks and water quality trading.''.
SEC. 313. CONSIDERATION UNDER DEFENSE ENVIRONMENTAL RESTORATION PROGRAM FOR
STATE-OWNED FACILITIES OF THE NATIONAL GUARD WITH PROVEN EXPOSURE
OF HAZARDOUS SUBSTANCES AND WASTE.
(a) Definition of State-owned National Guard Facility.--Section 2700 of
title 10, United States Code, is amended by adding at the end the following new
paragraph:
``(4) The term `State-owned National Guard facility' includes land
owned and operated by a State when such land is used for training the
National Guard pursuant to chapter 5 of title 32 with funds provided by
the Secretary of Defense or the Secretary of a military department, even
though such land is not under the jurisdiction of the Department of
Defense.''.
(b) Authority for Defense Environmental Restoration Program.--Section
2701(a)(1) of such title is amended, in the first sentence, by inserting ``and
at State-owned National Guard facilities'' before the period.
(c) Responsibility for Response Actions.--Section 2701(c)(1) of such title
is amended by adding at the end the following new subparagraph:
``(D) Each State-owned National Guard facility being used
for training the National Guard pursuant to chapter 5 of title
32 with funds provided by the Secretary of Defense or the
Secretary of a military department at the time of actions
leading to contamination by hazardous substances or pollutants
or contaminants.''.
SEC. 314. RENEWAL OF ANNUAL ENVIRONMENTAL AND ENERGY REPORTS OF DEPARTMENT OF
DEFENSE.
(a) Environmental Report.--Section 2711 of title 10, United States Code, is
amended by striking subsections (a) and (b) and inserting the following new
subsections:
``(a) Report Required.--Not later than March 31 of each year, the Secretary
of Defense shall submit to Congress a report on progress made by environmental
programs of the Department of Defense during the preceding fiscal year.
``(b) Elements.--Each report under subsection (a) shall include, for the
year covered by the report, the following:
``(1) With respect to environmental restoration activities of the
Department of Defense, and for each of the military departments,
information on the Defense Environmental Restoration Program under
section 2701 of this title, including--
``(A) the total number of sites at which such program was
carried out;
``(B) the progress of remediation for sites that have not
yet completed cleanup;
``(C) the remaining cost to complete cleanup of known sites;
and
``(D) an assessment by the Secretary of Defense of the
overall progress of such program.
``(2) An assessment by the Secretary of achievements for
environmental conservation and planning by the Department.
``(3) An assessment by the Secretary of achievements for
environmental compliance by the Department.
``(4) An assessment by the Secretary of achievements for climate
resiliency by the Department.
``(5) An assessment by the Secretary of the progress made by the
Department in achieving the objectives and goals of the Environmental
Technology Program of the Department.
``(c) Consolidation.--The Secretary of Defense may consolidate, attach with,
or otherwise include in any report required under subsection (a) any annual
report or other requirement that is aligned or associated with, or would be
better understood if presented as part of a consolidated report addressing
environmental restoration, compliance, and resilience.''.
(b) Energy Report.--
(1) In general.--Section 2925 of such title is amended--
(A) by amending the section heading to read as follows:
``Annual report on energy performance, resilience, and readiness
of Department of Defense''; and
(B) by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) Report Required.--Not later than 240 days after the end of each fiscal
year, the Secretary of Defense shall submit to the congressional defense
committees a report detailing the fulfillment during that fiscal year of the
authorities and requirements under sections 2688, 2911, 2912, 2920, and 2926 of
this title, including progress on energy resilience at military installations
and the use of operational energy in combat platforms and at contingency
locations.
``(b) Elements.--Each report under subsection (a) shall include the
following:
``(1) For the year covered by the report, the following:
``(A) A description of the progress made to achieve the
goals of the Energy Policy Act of 2005 (Public Law 109-58),
section 2911(g) of this title, and the Energy Independence and
Security Act of 2007 (Public Law 110-140).
``(B) A description of the energy savings, return on
investment, and enhancements to installation mission assurance
realized by the fulfillment of the goals described in
subparagraph (A).
``(C) A description of and progress toward the energy
security, resilience, and performance goals and master planning
for the Department of Defense, including associated metrics
pursuant to subsections (c) and (d) of section 2911 of this
title and requirements under section 2688(g) of this title.
``(D) An evaluation of progress made by the Department in
implementing the operational energy strategy of the Department,
including the progress of key initiatives and technology
investments related to operational energy demand and management.
``(E) Details of the amounts of any funds transferred by the
Secretary of Defense pursuant to section 2912 of this title,
including a detailed description of the purpose for which such
amounts have been used.
``(2) Statistical information on operational energy demands of the
Department, in terms of expenditures and consumption, for the preceding
five fiscal years, including information on funding made available in
regular defense appropriations Acts and any supplemental appropriations
Acts.
``(3) A description of each initiative related to the operational
energy strategy of the Department and a summary of funds appropriated
for each initiative in the previous fiscal year and current fiscal year
and requested for each initiative for the next five fiscal years.
``(4) Such recommendations as the Secretary considers appropriate
for additional changes in organization or authority within the
Department to enable further implementation of the energy strategy and
such other comments and recommendations as the Secretary considers
appropriate.
``(c) Classified Form.--If a report under subsection (a) is submitted in
classified form, the Secretary of Defense shall, concurrently with such report,
submit to the congressional defense committees an unclassified version of the
report.
``(d) Consolidation.--The Secretary of Defense may consolidate, attach with,
or otherwise include in any report required under subsection (a) any annual
report or other requirement that is aligned or associated with, or would be
better understood if presented as part of a consolidated report addressing
energy performance, resilience, and readiness.''.
(2) Clerical amendment.--The table of sections at the beginning of
subchapter III of chapter 173 of such title is amended by striking the
item relating to section 2925 and inserting the following new item:
``2925. Annual report on energy performance, resilience, and readiness
of Department of Defense.''.
(c) Continuation of Reporting Requirements.--
(1) In general.--Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1000; 10 U.S.C. 111 note) does not apply to the following reports:
(A) The report required to be submitted to Congress under
section 2711 of title 10, United States Code.
(B) The report required to be submitted to Congress under
section 2925 of title 10, United States Code.
(2) Conforming repeal.--Section 1061(c) of National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C.
111 note) is amended by striking paragraphs (51) and (54).
SEC. 315. AGGREGATION OF ENERGY CONSERVATION MEASURES AND FUNDING.
Section 2911 of title 10, United States Code, is amended by adding at the
end the following new subsection:
``(j) Aggregate Energy Conservation Measures and Funding.--(1) To the
maximum extent practicable, the Secretary concerned shall take a holistic view
of the energy project opportunities on installations under the jurisdiction of
such Secretary and shall consider aggregate energy conservation measures,
including energy conservation measures with quick payback, with energy
resilience enhancement projects and other projects that may have a longer
payback period.
``(2) In considering aggregate energy conservation measures under paragraph
(1), the Secretary concerned shall incorporate all funding available to such
Secretary for such measures, including--
``(A) appropriated funds, such as--
``(i) funds appropriated for the Energy Resilience and
Conservation Investment Program of the Department; and
``(ii) funds appropriated for the Facilities Sustainment,
Restoration, and Modernization program of the Department; and
``(B) funding available under performance contracts, such as energy
savings performance contracts and utility energy service contracts.''.
SEC. 316. ADDITIONAL SPECIAL CONSIDERATIONS FOR ENERGY PERFORMANCE GOALS AND
ENERGY PERFORMANCE MASTER PLAN.
Section 2911(e) of title 10, United States Code, is amended by adding at the
end the following new paragraphs:
``(14) The reliability and security of energy resources in the event
of a military conflict.
``(15) The value of resourcing energy from partners and allies of
the United States.''.
SEC. 317. PURCHASE OR LEASE OF ELECTRIC, ZERO EMISSION, ADVANCED-BIOFUEL-
POWERED, OR HYDROGEN-POWERED VEHICLES FOR THE DEPARTMENT OF
DEFENSE.
(a) Requirement.--Section 2922g of title 10, United States Code, is
amended--
(1) in the heading, by striking ``systems'' and inserting ``systems;
purchase or lease of certain electric and other vehicles'';
(2) in subsection (a), by striking ``In leasing'' and inserting
``During the period preceding October 1, 2035, in leasing'';
(3) in subsection (c), by inserting ``, during the period specified
in subsection (a),'' after ``from authorizing''; and
(4) by adding at the end the following new subsections:
``(d) Requirement.--Except as provided in subsection (e), beginning on
October 1, 2035, each covered nontactical vehicle purchased or leased by or for
the use of the Department of Defense shall be--
``(1) an electric or zero emission vehicle that uses a charging
connector type (or other means to transmit electricity to the vehicle)
that meets applicable industry accepted standards for interoperability
and safety;
``(2) an advanced-biofuel-powered vehicle; or
``(3) a hydrogen-powered vehicle.
``(e) Relation to Other Vehicle Technologies That Reduce Consumption of
Fossil Fuels.--Notwithstanding the requirement under subsection (d), beginning
on October 1, 2035, the Secretary of Defense may authorize the purchase or lease
of a covered nontactical vehicle that is not described in such subsection if the
Secretary determines, on a case-by-case basis, that--
``(1) the technology used in the vehicle to be purchased or leased
reduces the consumption of fossil fuels compared to vehicles that use
conventional internal combustion technology;
``(2) the purchase or lease of such vehicle is consistent with the
energy performance goals and plan of the Department of Defense required
by section 2911 of this title; and
``(3) the purchase or lease of a vehicle described in subsection (d)
is impracticable under the circumstances.
``(f) Waiver.--(1) The Secretary of Defense may waive the requirement under
subsection (d).
``(2) The Secretary of Defense may not delegate the waiver authority under
paragraph (1).
``(g) Definitions.--In this section:
``(1) The term `advanced-biofuel-powered vehicle' includes a vehicle
that uses a fuel described in section 9001(3)(A) of the Farm Security
and Rural Investment Act of 2202 (7 U.S.C. 8101(3)(A)).
``(2) The term `covered nontactical vehicle' means any vehicle--
``(A) that is not a tactical vehicle designed for use in
combat; and
``(B) that is purchased or leased by the Department of
Defense pursuant to a contract entered into, renewed, modified,
or amended on or after October 1, 2035.
``(3) The term `hydrogen-powered vehicle' means a vehicle that uses
hydrogen as the main source of motive power, either through a fuel cell
or internal combustion.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of chapter 173 of such title is amended by striking the item
relating to section 2922g and inserting the following new item:
``2922g. Preference for motor vehicles using electric or hybrid
propulsion systems; purchase or lease of
certain electric and other vehicles.''.
SEC. 318. CLARIFICATION AND REQUIREMENT FOR DEPARTMENT OF DEFENSE RELATING TO
RENEWABLE BIOMASS AND BIOGAS.
Section 2924 of title 10, United States Code, is amended--
(1) in paragraph (6)--
(A) by redesignating subparagraphs (D) through (I) as
subparagraphs (E) through (J), respectively; and
(B) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) Biogas.''; and
(2) by adding at the end the following new paragraphs:
``(7) The term `biomass' has the meaning given the term `renewable
biomass' in section 211(o)(1) of the Clean Air Act (42 U.S.C.
7545(o)(1)).
``(8) The term `biogas' means biogas as such term is used in section
211(o)(1)(B)(ii)(V) of the Clean Air Act (42 U.S.C.
7545(o)(1)(B)(ii)(V)).''.
SEC. 319. PROGRAMS OF MILITARY DEPARTMENTS ON REDUCTION OF FUEL RELIANCE AND
PROMOTION OF ENERGY-AWARE BEHAVIORS.
(a) Establishment.--Subchapter III of chapter 173 of title 10, United States
Code, is amended by adding at the end the following new section (and conforming
the table of sections at the beginning of such subchapter accordingly):
``Sec. 2928. Programs on reduction of fuel reliance and promotion of energy-
aware behaviors
``(a) Establishment.--Each Secretary of a military department shall
establish a program for the promotion of energy-aware behaviors and the
reduction of unnecessary fuel consumption within that military department.
``(b) Goals.--The goals of the programs established under subsection (a)
shall be as follows:
``(1) To increase operational energy resiliency.
``(2) To decrease energy-related strategic vulnerabilities and
enhance military readiness.
``(3) To integrate sustainability features for new and existing
military installations and other facilities of the Department.
``(c) Minimum Required Elements.--Under the program of a military department
under subsection (a), the Secretary of the military department shall carry out,
with respect to the military department, and at a minimum, the following:
``(1) The development and implementation of a strategy for the
collection and analysis of data on fuel consumption, to identify
operational inefficiencies and enable data-driven decision making with
respect to fuel logistics and the reduction of fuel consumption.
``(2) The fostering of an energy-aware culture across the military
department to reduce fuel consumption, including through--
``(A) the incorporation of energy conservation and
resiliency principles into training curricula and other training
materials of the military department, including by updating such
materials to include information on the effect of energy-aware
behaviors on improving readiness and combat capability; and
``(B) the review of standard operating procedures, and other
operational manuals and procedures, of the military department,
to identify procedures that increase fuel consumption with no
operational benefit.
``(3) The integration of operational energy factors into the
wargaming of the military department and related training activities
that involve the modeling of scenarios, in accordance with subsection
(d), to provide to participants in such activities realistic data on the
risks and challenges relating to operational energy and fuel logistics.
``(4) The implementation of data-driven procedures, operations
planning, and logistics, to optimize cargo transport and refueling
operations within the military department.
``(d) Wargaming Elements.--In integrating operational energy factors into
the wargaming and related training activities of a military department under
subsection (c)(3), the Secretary of the military department shall seek to ensure
that the planning, design, and execution of such activities include--
``(1) coordination with the elements of the military department
responsible for fuel and logistics matters, to ensure the modeling of
energy demand and network risk during such activities are accurate,
taking into account potential shortfalls and the direct and indirect
effects of the efforts of foreign adversaries to target fuel supply
chains; and
``(2) a focus on improving integrated life-cycle management
processes and fuel supply logistics.''.
(b) Deadline for Establishment.--The programs required under section 2928 of
title 10, United States Code, as added by subsection (a), shall be established
by not later than 180 days after the date of the enactment of this Act.
(c) Briefing.--Not later than 180 days after the date of enactment of this
Act, each Secretary of a military department shall provide to the congressional
defense committees a briefing on the establishment of the program of the
military department required under such section 2928.
SEC. 320. ESTABLISHMENT OF JOINT WORKING GROUP TO DETERMINE JOINT REQUIREMENTS
FOR FUTURE OPERATIONAL ENERGY NEEDS OF DEPARTMENT OF DEFENSE.
Section 352 of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1653) is amended by adding at the end the
following new subsection:
``(e) Establishment of Joint Working Group to Determine Joint Requirements
for Future Operational Energy Needs of Department of Defense.--
``(1) Establishment.--The Secretary of Defense shall establish a
joint working group (in this subsection referred to as the `working
group') to determine joint requirements for future operational energy
needs of the Department of Defense.
``(2) Executive agent.--The Secretary of the Air Force shall serve
as the executive agent of the working group.
``(3) Requirements specified.--
``(A) In general.--In determining joint requirements under
paragraph (1), the working group shall address the operational
energy needs of each military department and combatant command
to meet energy needs in all domains of warfare, including land,
air, sea, space, cyberspace, subsea, and subterranean
environments.
``(B) Priority for certain systems.--Priority for joint
requirements under paragraph (1) shall be given to independent
operational energy systems that--
``(i) are capable of operating in austere and
isolated environments with quick deployment
capabilities; and
``(ii) may reduce conventional air pollution and
greenhouse gas emissions comparable to systems already
in use.
``(4) Existing or new programs.--The working group shall address the
feasibility of meeting joint requirements determined under paragraph (1)
through the existing energy programs of the Department and make
recommendations for new programs to meet such requirements.
``(5) Focus areas.--In carrying out the requirements under this
subsection, the working group shall focus the efforts of the working
group on operational energy, including--
``(A) micro-reactors and small modular reactors;
``(B) hydrogen-based fuel systems, including hydrogen fuel
cells and hydrogen-based combustion engines;
``(C) battery storage;
``(D) renewable energy sources;
``(E) retrofits to existing platforms that shall increase
efficiencies; and
``(F) other technologies and resources that meet joint
requirements determined under paragraph (1).
``(6) Recommended plan of action.--
``(A) In general.--Not later than 180 days after the date of
the enactment of this subsection, the Secretary shall submit to
the congressional defense committees a report, and provide to
the congressional defense committees a classified briefing,
outlining recommendations for programs to meet joint
requirements for future operational energy needs of the
Department of Defense by 2025, 2030, and 2040.
``(B) Focus on readiness and flexibility.--In submitting the
report and providing the briefing under subparagraph (A), the
Secretary shall--
``(i) address each element of the report or
briefing, as the case may be, in the context of
maintaining or increasing the readiness levels of the
Armed Forces and the flexibility of operational elements
within the Department; and
``(ii) disregard energy sources that do not increase
such readiness and flexibility, with an explanation for
the reason such sources were disregarded.
``(C) Form.--The report under subparagraph (A) shall be
submitted in unclassified form, but may include a classified
annex.
``(7) Definitions.--In this subsection:
``(A) The term `advanced nuclear reactor' has the meaning
given that term in section 951(b) of the Energy Policy Act of
2005 (42 U.S.C. 16271(b)).
``(B) The term `micro-reactor' means an advanced nuclear
reactor that has an electric power production capacity that is
not greater than 50 megawatts that can be transported via land,
air, or sea transport and can be redeployed.
``(C) The term `small modular reactor' means an advanced
nuclear reactor--
``(i) with a rated capacity of less than 300
electrical megawatts; or
``(ii) that can be constructed and operated in
combination with similar reactors at a single site.''.
SEC. 321. AMENDMENT TO BUDGETING OF DEPARTMENT OF DEFENSE RELATING TO EXTREME
WEATHER.
Section 328(a) of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 10 U.S.C. 221 note) is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (2) the following new paragraph:
``(3) a calculation of the annual costs to the Department for--
``(A) assistance that is--
``(i) provided to the Federal Emergency Management
Agency or any Federal land management agency (as such
term is defined in section 802 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6801)) pursuant to
a request for such assistance and in consultation with
the National Interagency Fire Center; or
``(ii) provided under title 10 or title 32, United
States Code, to any State, territory, or possession of
the United States, regarding extreme weather; and
``(B) resourcing required to support--
``(i) wildfire response, recovery, or restoration
efforts occurring within military installations or other
facilities of the Department; or
``(ii) any Federal agency other than the Department
(including the Federal Emergency Management Agency and
the National Interagency Fire Center) with respect to
wildfire response, recovery, or restoration efforts,
where such resourcing is not reimbursed.''.
SEC. 322. PROTOTYPE AND DEMONSTRATION PROJECTS FOR ENERGY RESILIENCE AT CERTAIN
MILITARY INSTALLATIONS.
(a) In General.--Subject to the availability of appropriations for such
purpose, each Secretary of a military department shall ensure that covered
prototype and demonstration projects are conducted at each military installation
under the jurisdiction of that Secretary that is designated by the Secretary of
Defense as an ``Energy Resilience Testbed'' pursuant to subsection (b).
(b) Selection of Military Installations.--
(1) Nomination.--Each Secretary of a military department shall
nominate military installations under the jurisdiction of that Secretary
for selection under paragraph (2), and submit to the Secretary of
Defense a list of such nominations.
(2) Selection.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall select, from among
the lists of nominated military installations provided by the
Secretaries of the military departments under paragraph (1), at least
one such nominated military installation per military department for
designation pursuant to paragraph (4).
(3) Considerations.--In selecting military installations under
paragraph (2), the Secretary of Defense shall, to the extent
practicable, take into consideration the following:
(A) The mission of the installation.
(B) The geographic terrain of the installation and of the
community surrounding the installation.
(C) The energy resources available to support the
installation.
(D) An assessment of any extreme weather risks or
vulnerabilities at the installation and the community
surrounding the installation.
(4) Designation as energy resilience testbed.--Each military
installation selected under paragraph (2) shall be known as an ``Energy
Resilience Testbed''.
(c) Covered Technologies.--Covered prototype and demonstration projects
conducted at military installations designated pursuant to subsection (b) shall
include the prototype and demonstration of technologies in the following areas:
(1) Energy storage technologies, including long-duration energy
storage systems.
(2) Technologies to improve building energy efficiency in a cyber-
secure manner, such as advanced lighting controls, high-performance
cooling systems, and technologies for waste heat recovery.
(3) Technologies to improve building energy management and control
in a cyber-secure manner.
(4) Tools and processes for design, assessment, and decision making
on the installation with respect to all hazards resilience and hazard
analysis, energy use, management, and the construction of resilient
buildings and infrastructure.
(5) Carbon sequestration technologies.
(6) Technologies relating to on-site resilient energy generation,
including the following:
(A) Advanced geothermal technologies.
(B) Advanced nuclear technologies, including small modular
reactors.
(7) Port electrification and surrounding defense community
infrastructure.
(8) Tidal and wave power technologies.
(9) Distributed ledger technologies.
(d) Briefing.--Not later than one year after the date of the enactment of
this Act, the Secretary of Defense, in consultation with the Secretaries of the
military departments, shall provide to the appropriate congressional committees
a briefing on the conduct of covered prototype and demonstration projects at
each military installation designated pursuant to subsection (b). Such briefing
shall include the following:
(1) An identification of each military installation so designated.
(2) A justification as to why each military installation so
designated was selected for such designation.
(3) A strategy for commencing the conduct of such projects at each
military installation so designated by not later than one year after the
date of the enactment of this Act.
(e) Deadline for Commencement of Projects.--Beginning not later than one
year after the date of the enactment of this Act, covered prototype and
demonstration projects shall be conducted at, and such conduct shall be
incorporated into the mission of, each military installation designated pursuant
to subsection (b).
(f) Responsibility for Administration and Oversight.--Notwithstanding the
responsibility of the Secretary of Defense to select each military installation
for designation pursuant to subsection (b)(2), the administration and oversight
of the conduct of covered prototype and demonstration projects at a military
installation so designated, as required under subsection (a), shall be the
responsibility of the Secretary of the military department with jurisdiction
over that military installation.
(g) Consortiums.--
(1) In general.--Each Secretary of a military department may enter
into a partnership with, or seek to establish, a consortium of industry,
academia, and other entities described in paragraph (2) to conduct
covered prototype and demonstration projects at a military installation
that is under the jurisdiction of that Secretary and designated by the
Secretary of Defense pursuant to subsection (b).
(2) Consortium entities.--The entities described in this paragraph
are as follows:
(A) National laboratories.
(B) Industry entities the primary work of which relates to
technologies and business models relating to energy resilience
and all hazards resilience.
(h) Authorities.--
(1) In general.--Covered prototype and demonstration projects
required under this section may be conducted as part of the program for
operational energy prototyping established under section 324(c) of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3523; 10 U.S.C. 2911
note) (including by using funds available under the Operational Energy
Prototyping Fund established pursuant to such section), using the other
transactions authority under section 4021 or 4022 of title 10, United
States Code, or using any other available authority or funding source
the Secretary of Defense determines appropriate.
(2) Follow-on production contracts or transactions.--Each Secretary
of a military department shall ensure that, to the extent practicable,
any transaction entered into under the other transactions authority
under section 4022 of title 10, United States Code, for the conduct of a
covered prototype and demonstration project under this section shall
provide for the award of a follow-on production contract or transaction
pursuant to subsection (f) of such section 4022.
(i) Interagency Collaboration.--In carrying out this section, to the extent
practicable, the Secretary of Defense shall collaborate with the Secretary of
Energy and the heads of such other Federal departments and agencies as the
Secretary of Defense may determine appropriate, including by entering into
relevant memoranda of understanding.
(j) Rule of Construction.--Nothing in this section shall be construed as
precluding any Secretary of a military department from carrying out any
activity, including conducting a project or making an investment, relating to
the improvement of energy resilience or all hazards resilience under an
authority other than this section.
(k) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the Committee on
Energy and Commerce of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on
Energy and Natural Resources of the Senate.
(2) The term ``community infrastructure'' has the meaning given that
term in section 2391(e) of title 10, United States Code.
(3) The term ``covered prototype and demonstration project'' means a
project to prototype and demonstrate advanced technologies to enhance
energy resilience, including with respect to energy supply disruptions,
and all hazards resilience at a military installation.
(4) The term ``military installation'' has the meaning given that
term in section 2867 of title 10, United States Code.
SEC. 323. PILOT PROGRAM FOR DEVELOPMENT OF ELECTRIC VEHICLE CHARGING SOLUTIONS
TO MITIGATE GRID STRESS.
(a) In General.--The Secretary of Defense, in coordination with the
Secretaries of the military departments, and in consultation with the Secretary
of Energy, shall carry out a pilot program to develop and test covered
infrastructure to mitigate grid stress caused by electric vehicles through the
implementation and maintenance on certain military installations of charging
stations, microgrids, and other covered infrastructure sufficient to cover the
energy demand at such installations.
(b) Selection of Military Installations.--
(1) Selection.--Not later than 180 days after the date of the
enactment of this Act, each Secretary of a military department shall--
(A) select at least one military installation of each Armed
Force under the jurisdiction of that Secretary at which to carry
out the pilot program under subsection (a); and
(B) submit to the Committees on Armed Services of the House
of Representatives and the Senate a notification containing an
identification of each such selected installation.
(2) Considerations.--In choosing a military installation for
selection pursuant to paragraph (1), each Secretary of a military
department shall take into account the following:
(A) A calculation of existing loads at the installation and
the existing capacity of the installation for the charging of
electric vehicles, including (as applicable) light duty trucks.
(B) Any required upgrades to covered infrastructure on the
installation, including electrical wiring, anticipated by the
Secretary.
(C) The ownership, financing, operation, and maintenance
models of existing and planned covered infrastructure on the
installation.
(D) An assessment of local grid needs, and any required
updates relating to such needs anticipated by the Secretary.
(c) Report.--
(1) In general.--Not later than one year after the date on which a
Secretary of a military department submits a notification identifying a
selected military installation under subsection (b), that Secretary
shall submit to the Committee on Armed Services and the Committee on
Energy and Commerce of the House of Representatives and the Committee on
Armed Services of the Senate a report on--
(A) the covered infrastructure to be implemented under the
pilot program at the installation;
(B) the methodology by which each type of covered
infrastructure so implemented shall be assessed for efficacy and
efficiency at providing sufficient energy to cover the
anticipated energy demand of the electric vehicle fleet at the
installation and mitigating grid stress; and
(C) the maintenance on the military installation of charging
stations and other covered infrastructure, including a
microgrid, that will be sufficient to--
(i) cover the anticipated electricity demand of such
fleet; and
(ii) improve installation energy resilience.
(2) Elements.--Each report under paragraph (1) shall include, with
respect to the selected military installation for which the report is
submitted, the following:
(A) A determination of the type and number of charging
stations to implement on the installation, taking into account
the interoperability of chargers and the potential future needs
or applications for chargers, such as vehicle-to-grid or
vehicle-to-building applications.
(B) A determination of the optimal ownership model to
provide charging stations on the installation, taking into
account the following:
(i) Use of Government-owned (purchased, installed,
and maintained) charging stations.
(ii) Use of third-party financed, installed,
operated, and maintained charging stations.
(iii) Use of financing models in which energy and
charging infrastructure operations and maintenance are
treated as a service.
(iv) Cyber and physical security considerations and
best practices associated with different ownership,
network, and control models.
(C) A determination of the optimal power source to provide
charging stations at the installation, taking into account the
following:
(i) Transformer and substation requirements.
(ii) Microgrids and distributed energy to support
both charging requirements and energy storage.
(3) Source of services.--Each Secretary of a military department may
use expertise within the military department or enter into a contract
with a non-Department of Defense entity to make the determinations
specified in paragraph (2).
(d) Final Report.--Not later than January 1, 2025, the Secretary of Defense
shall submit to the congressional committees specified in subsection (c)(1) a
final report on the pilot program under subsection (a). Such report shall
include the observations and findings of the Department relating to the charging
stations and other covered infrastructure implemented and maintained under such
pilot program, including with respect to the elements specified in subsection
(c)(2).
(e) Definitions.--In this section:
(1) The terms ``Armed Forces'' and ``military departments'' have the
meanings given those terms in section 101 of title 10, United States
Code.
(2) The term ``charging station'' means a collection of one or more
electric vehicle supply equipment units serving the purpose of charging
an electric vehicle battery.
(3) The term ``covered infrastructure''--
(A) means infrastructure that the Secretary of Defense
determines may be used to--
(i) charge electric vehicles, including by
transmitting electricity to such vehicles directly; or
(ii) support the charging of electric vehicles,
including by supporting the resilience of grids or other
systems for delivering energy to such vehicles (such as
through the mitigation of grid stress); and
(B) includes--
(i) charging stations;
(ii) batteries;
(iii) battery-swapping systems;
(iv) microgrids;
(v) off-grid charging systems; and
(vi) other apparatuses installed for the specific
purpose of delivering energy to an electric vehicle or
to a battery intended to be used in an electric vehicle,
including wireless charging technologies.
(4) The term ``electric vehicle'' includes--
(A) a plug-in hybrid electric vehicle that uses a
combination of electric and gas powered engine that can use
either gasoline or electricity as a fuel source; and
(B) a plug-in electric vehicle that runs solely on
electricity and does not contain an internal combustion engine
or gas tank.
(5) The term ``electric vehicle supply equipment unit'' means the
port that supplies electricity to one vehicle at a time.
(6) The term ``microgrid'' means a group of interconnected loads and
distributed energy resources within clearly defined electrical
boundaries that acts as a single controllable entity with respect to the
grid.
(7) The term ``military installation'' has the meaning given that
term in section 2801 of title 10, United States Code.
(8) The term ``wireless charging'' means the charging of a battery
by inductive charging or by any means in which a battery is charged
without a wire, or plug-in wire, connecting the power source and
battery.
SEC. 324. PILOT PROGRAM ON USE OF SUSTAINABLE AVIATION FUEL.
(a) Pilot Program Required.--
(1) In general.--Subject to the availability of appropriations for
such purpose, the Secretary of Defense shall conduct a pilot program on
the use of sustainable aviation fuel by the Department of Defense (in
this section referred to as the ``pilot program'').
(2) Design of program.--The pilot program shall be designed to--
(A) identify any logistical challenges with respect to the
use of sustainable aviation fuel by the Department;
(B) promote understanding of the technical and performance
characteristics of sustainable aviation fuel when used in a
military setting; and
(C) engage nearby commercial airports to explore
opportunities and challenges to partner on the increased use of
sustainable aviation fuel.
(b) Selection of Facilities.--
(1) Selection.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall select
not fewer than two geographically diverse facilities of the
Department at which to carry out the pilot program.
(B) Onsite refinery.--Not fewer than one facility selected
under subparagraph (A) shall be a facility with an onsite
refinery that is located in proximity to not fewer than one
major commercial airport that is also actively seeking to
increase the use of sustainable aviation fuel.
(2) Notice to congress.--Upon the selection of each facility under
paragraph (1), the Secretary shall submit to the appropriate
congressional committees notice of the selection, including an
identification of the facility selected.
(c) Use of Sustainable Aviation Fuel.--
(1) Plans.--For each facility selected under subsection (b), not
later than one year after the selection of the facility, the Secretary
shall--
(A) develop a plan on how to implement, by September 30,
2028, a target of exclusively using at the facility aviation
fuel that is blended to contain not less than 10 percent
sustainable aviation fuel;
(B) submit the plan developed under subparagraph (A) to the
appropriate congressional committees; and
(C) provide to the appropriate congressional committees a
briefing on such plan that includes, at a minimum--
(i) a description of any operational,
infrastructure, or logistical requirements, and
recommendations, for the blending and use of sustainable
aviation fuel; and
(ii) a description of any stakeholder engagement in
the development of the plan, including any consultations
with nearby commercial airport owners or operators.
(2) Implementation of plans.--For each facility selected under
subsection (b), during the period beginning on a date that is not later
than September 30, 2028, and for five years thereafter, the Secretary
shall require, in accordance with the respective plan developed under
paragraph (1), the exclusive use at the facility of aviation fuel that
is blended to contain not less than 10 percent sustainable aviation
fuel.
(d) Criteria for Sustainable Aviation Fuel.--Sustainable aviation fuel used
under the pilot program shall meet the following criteria:
(1) Such fuel shall be produced in the United States from domestic
feedstock sources.
(2) Such fuel shall constitute drop-in fuel that meets all
specifications and performance requirements of the Department of Defense
and the Armed Forces.
(e) Waiver.--The Secretary may waive the use of sustainable aviation fuel at
a facility under the pilot program if the Secretary--
(1) determines such use is not feasible due to a lack of domestic
availability of sustainable aviation fuel or a national security
contingency; and
(2) submits to the congressional defense committees notice of such
waiver and the reasons for such waiver.
(f) Final Report.--
(1) In general.--At the conclusion of the pilot program, the
Assistant Secretary of Defense for Energy, Installations, and
Environment shall submit to the appropriate congressional committees a
final report on the pilot program.
(2) Elements.--The report under paragraph (1) shall include each of
the following:
(A) An assessment of the effect of using sustainable
aviation fuel on the overall fuel costs of blended fuel.
(B) A description of any operational, infrastructure, or
logistical requirements, and recommendations, for the blending
and use of sustainable aviation fuel, with a focus on scaling up
adoption of such fuel throughout the Armed Forces.
(C) Recommendations with respect to how military
installations can leverage proximity to commercial airports and
other jet fuel consumers to increase the rate of use of
sustainable aviation fuel, for both military and non-military
use, including potential collaboration on innovative financing
or purchasing and shared supply chain infrastructure.
(D) A description of the effects on performance and
operation of aircraft using sustainable aviation fuel,
including--
(i) if used, considerations of various blending
ratios and the associated benefits thereof;
(ii) efficiency and distance improvements of flights
using sustainable aviation fuel;
(iii) weight savings on large transportation
aircraft and other types of aircraft by using blended
fuel with higher concentrations of sustainable aviation
fuel;
(iv) maintenance benefits of using sustainable
aviation fuel, including with respect to engine
longevity;
(v) the effect of the use of sustainable aviation
fuel on emissions and air quality;
(vi) the effect of the use of sustainable aviation
fuel on the environment and on surrounding communities,
including environmental justice factors that are created
by the demand for and use of sustainable aviation fuel
by the Department of Defense; and
(vii) benefits with respect to job creation in the
sustainable aviation fuel production and supply chain.
(g) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means the
following:
(A) The Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(B) The Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate.
(2) The term ``sustainable aviation fuel'' has the meaning given
such term in section 40007(e) of the Act titled `An Act to provide for
reconciliation pursuant to title II of S. Con. Res. 14' (Public Law 117-
169).
SEC. 325. POLICY TO INCREASE DISPOSITION OF SPENT ADVANCED BATTERIES THROUGH
RECYCLING.
(a) Policy Required.--Not later than one year after the date of the
enactment of this Act, the Assistant Secretary of Defense for Energy,
Installations, and Environment, in coordination with the Director of the Defense
Logistics Agency, shall establish a policy to increase the disposition of spent
advanced batteries of the Department of Defense through recycling (including by
updating the Department of Defense Manual 4160.21, titled ``Defense Material
Disposition: Disposal Guidance and Procedures'', or such successor document,
accordingly), for the purpose of supporting the reclamation and return of
precious metals, rare earth metals, and elements of strategic importance (such
as cobalt and lithium) into the supply chain or strategic reserves of the United
States.
(b) Considerations.--In developing the policy under subsection (a), the
Assistant Secretary shall consider, at a minimum, the following recycling
methods:
(1) Pyroprocessing.
(2) Hydroprocessing.
(3) Direct cathode recycling, relithiation, and upcycling.
SEC. 326. GUIDANCE AND TARGET GOAL RELATING TO FORMERLY USED DEFENSE SITES
PROGRAMS.
(a) Guidance Relating to Site Prioritization.--The Assistant Secretary of
Defense for Energy, Installations, and Environment shall issue guidance setting
forth how, in prioritizing sites for activities funded under the ``Environmental
Restoration Account, Formerly Used Defense Sites'' account established under
section 2703(a)(5) of title 10, United States Code, the Assistant Secretary
shall weigh the relative risk or other factors between Installation Restoration
Program sites and Military Munitions Response Program sites.
(b) Target Goal for Military Munitions Response Program.--The Assistant
Secretary of Defense for Energy, Installations, and Environment shall establish
a target goal for the completion of the cleanup of all Military Munitions
Response Program sites.
SEC. 327. ANALYSIS AND PLAN FOR ADDRESSING HEAT ISLAND EFFECT ON MILITARY
INSTALLATIONS.
(a) Installation Analysis.--Each Secretary of a military department shall
conduct an analysis of the military installations under the jurisdiction of that
Secretary to assess the extent to which heat islands affect readiness,
infrastructure service life, and utilities costs. Each such analysis shall
contain each of the following:
(1) An analysis of how heat islands exacerbate summer heat
conditions and necessitate the increased use of air conditioning on the
installations, including an estimate of the cost of such increased usage
with respect to both utilities costs and shortened service life of air
conditioning units.
(2) An assessment of any readiness effects related to heat islands,
including the loss of training hours due to black flag conditions, and
the corresponding cost of such effects.
(b) Plan.--Based on the results of the analyses conducted under subsection
(a), the Secretaries of the military departments shall jointly--
(1) develop a plan for mitigating the effects of heat islands at the
most severely affected installations, including by increasing tree
coverage, installing cool roofs or green roofs, and painting asphalt;
and
(2) promulgate best practices enterprise-wide for cost avoidance and
reduction of the effects of heat islands.
(c) Briefing.--Not later than September 30, 2024, the Secretaries of the
military departments shall jointly provide to the congressional defense
committees a briefing on--
(1) the findings of each analysis conducted under subsection (a);
(2) the plan developed under subsection (b); and
(3) such other matters as the Secretaries determine appropriate.
(d) Heat Island Defined.--The term ``heat island'' means an area with a high
concentration of structures (such as building, roads, and other infrastructure)
that absorb and re-emit the sun's heat more than natural landscapes such as
forests or bodies of water.
SEC. 328. LIMITATION ON REPLACEMENT OF NON-TACTICAL VEHICLE FLEET OF DEPARTMENT
OF DEFENSE WITH ELECTRIC VEHICLES, ADVANCED-BIOFUEL-POWERED
VEHICLES, OR HYDROGEN-POWERED VEHICLES.
(a) In General.--Until the date on which the Secretary of Defense submits to
the Committees on Armed Services of the House of Representatives and the Senate
the report described in subsection (b), the Secretary may not enter into an
indefinite delivery-indefinite quantity delivery order contract to procure and
replace the existing non-tactical vehicle fleet of the Department of Defense
with electric vehicles, advanced-biofuel-powered vehicles, or hydrogen-powered
vehicles.
(b) Elements.--The report described in this subsection shall include the
following:
(1) A cost estimate for the procurement by the Secretary of Defense,
or through contract mechanisms used by the Department (such as energy
savings performance contracts), of electric non-tactical vehicles to
replace the existing non-tactical vehicle fleet of the Department, which
shall include--
(A) an estimated cost per unit and number of units to be
procured of each type of electric non-tactical vehicle (such as
trucks, buses, and vans);
(B) the cost associated with building the required
infrastructure to support electric non-tactical vehicles,
including charging stations and electric grid requirements;
(C) a lifecycle cost comparison between electric vehicles
and combustion engine vehicles of each type (such as an electric
truck versus a conventional truck);
(D) maintenance requirements of electric vehicles compared
to combustion engine vehicles; and
(E) for each military department, a cost comparison over
periods of three, five, and 10 years of pursuing an electric
non-tactical vehicle fleet versus continuing with combustion
engine non-tactical vehicles.
(2) An assessment of the current and projected supply chain
shortfalls, including critical minerals, for electric vehicles and
combustion engine vehicles.
(3) An assessment of the security risks associated with data
collection conducted with respect to electric vehicles, combustion
engine vehicles, and the related computer systems for each.
(4) An assessment of the current range requirements for electric
vehicles compared to combustion engine vehicles and the average life of
vehicles of the Department necessary to maintain current readiness
requirements of the Department.
(5) An identification of components for electric non-tactical
vehicles, advanced-biofuel-powered vehicles, hydrogen-powered vehicles,
and combustion engine vehicles that are currently being sourced from the
People's Republic of China.
(6) An assessment of the mid- and long-term costs and benefits to
the Department of falling behind industry trends related to the adoption
of alternative fuel vehicles including electric vehicles, hydrogen-
powered vehicles, and advanced-biofuel-powered vehicles.
(7) An assessment of the long-term availability to the Department of
internal combustion engines and spare parts for such engines, including
whether or not such engines and spare parts will be manufactured in the
United States or repairable with parts made in the United States and
labor in the United States.
(8) An assessment of the relative risks associated with parking and
storing electric vehicles, hydrogen-powered vehicles, advanced-biofuel-
powered vehicles, and combustion engine vehicles inside parking
structures, including fire risk and water damage.
(c) Additional Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available for the Department of Defense may be
obligated or expended to procure non-tactical vehicles that are electric
vehicles, advanced-biofuel-powered vehicles, or hydrogen-powered vehicles, or
any components or spare parts associated with such vehicles, that are not in
compliance with subpart 22.15 of the Federal Acquisition Regulation (or any
successor regulations).
(d) Definitions.--In this section:
(1) The term ``advanced-biofuel-powered vehicle'' includes a vehicle
that uses a fuel described in section 9001(3)(A) of the Farm Security
and Rural Investment Act of 2202 (7 U.S.C. 8101(3)(A)).
(2) The term ``charging station'' means a parking space with
electric vehicle supply equipment that supplies electric energy for the
recharging of electric vehicles with at least a level two charger.
(3) The term ``electric grid requirements'' means the power grid and
infrastructure requirements needed to support plug-in electric vehicles
and vehicle-to-grid requirements.
(4) The term ``electric non-tactical vehicle'' means a non-tactical
vehicle that is an electric vehicle.
(5) The terms ``electric vehicle'' includes--
(A) a plug-in hybrid electric vehicle that uses a
combination of electric and gas powered engine that can use
either gasoline or electricity as a fuel source; and
(B) a plug-in electric vehicle that runs solely on
electricity and does not contain an internal combustion engine
or gas tank.
(6) The term ``hydrogen-powered vehicle'' means a vehicle that uses
hydrogen as the main source of motive power, either through a fuel cell
or internal combustion.
(7) The term ``non-tactical vehicle'' means a vehicle other than a
tactical vehicle.
(8) The term ``tactical vehicle'' means a motor vehicle designed to
military specification, or a commercial design motor vehicle modified to
military specification, to provide direct transportation support of
combat or tactical operations, or for the training of personnel for such
operations.
Subtitle C--Red Hill Bulk Fuel Storage Facility
SEC. 331. DEFUELING OF RED HILL BULK FUEL STORAGE FACILITY.
(a) Deadline for Completion of Defueling.--
(1) In general.--The Secretary of Defense shall complete the
defueling of the Red Hill Bulk Fuel Storage Facility in a safe and
expeditious manner by a deadline that is approved by the State of Hawaii
Department of Health.
(2) Report.--Not later than 30 days after the date of the enactment
of this Act, and quarterly thereafter until the completion of the
defueling of the Red Hill Bulk Fuel Storage Facility, the Secretary of
Defense shall submit to the congressional defense committees, and make
publicly available on an appropriate website of the Department of
Defense, a report on the status of such defueling.
(b) Planning and Implementation of Defueling.--The Secretary of Defense
shall plan for and implement the defueling of the Red Hill Bulk Fuel Storage
Facility in consultation with the Administrator of the Environmental Protection
Agency and the State of Hawaii Department of Health.
(c) Notification Requirement.--The Secretary of Defense may not begin the
process of defueling the Red Hill Bulk Storage Facility until the date on which
the Secretary submits to the congressional defense committees a notification
that such defueling would not adversely affect the ability of the Department of
Defense to provide fuel to support military operations in the area of
responsibility of the United States Indo-Pacific Command.
SEC. 332. AUTHORIZATION OF CLOSURE OF UNDERGROUND STORAGE TANK SYSTEM AT RED
HILL BULK FUEL STORAGE FACILITY.
(a) Authorization.--The Secretary of Defense may close the underground
storage tank system at the Red Hill Bulk Fuel Storage Facility of the Department
of Defense located in Hawaii (in this section referred to as the ``Facility'').
(b) Plan for Facility Closure and Post-closure Care.--
(1) In general.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a plan for--
(A) the closure of the Facility, along with a report on the
cost projections for such closure;
(B) monitoring of the Facility following closure;
(C) corrective actions to mitigate fuel releases of
groundwater at the Facility, including resources necessary for
the Secretary of the Navy to conduct such actions at the
Facility;
(D) coordination and communication with applicable Federal
and State regulatory authorities, and surrounding communities,
on release response and remediation activities conducted by the
Secretary of the Navy at the Facility;
(E) improvements to processes, procedures, organization,
training, leadership, education, facilities, and policy of the
Department of Defense related to best practices for the
remediation and closure of the Facility; and
(F) measures to ensure that future strategic level assets of
the Department of Defense are properly maintained and critical
environmental assets are protected.
(2) Preparation of plan.--The Secretary of the Navy shall prepare
the plan required under paragraph (1) in consultation with the
following:
(A) The Environmental Protection Agency.
(B) The Hawaii Department of Health.
(C) The United States Geological Survey.
(D) Any other relevant Federal or State agencies the
Secretary considers appropriate.
(c) Identification of Point of Contact at Department of Defense.--Not later
than 60 days after the date of the enactment of this Act, to ensure clear and
consistent communication relating to defueling, closure, and release response,
the Secretary of Defense shall identify a single point of contact within the
Office of the Secretary of Defense to oversee and communicate with the public
and Members of Congress regarding the status of the Facility.
(d) Water Monitoring Briefing.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Navy shall provide to the Committees
on Armed Services of the House of Representatives and the Senate a briefing on
the status of the ground water monitoring program--
(1) to monitor movement of the fuel plume in the aquifer surrounding
the Facility;
(2) to monitor long-term impacts to such aquifer and local water
bodies resulting from fuel releases from the Facility; and
(3) to coordinate with the Agency for Toxic Substances and Disease
Registry of the Department of Health and Human Services as the Agency
conducts a follow up to the previously conducted voluntary survey of
individuals and entities potentially impacted by fuel releases from the
Facility.
SEC. 333. REPORT ON BULK FUEL REQUIREMENTS APPLICABLE TO UNITED STATES INDO-
PACIFIC COMMAND.
(a) Limitation.--Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for the Office of the Secretary of
Defense for administration and service-wide activities, not more than 90 percent
may be obligated or expended until the Secretary of Defense submits to the
congressional defense committees a report that includes the following elements:
(1) The bulk fuel requirements of the United States Indo-Pacific
Command associated with the operational plans of the command that
involve the most stress on bulk fuel, disaggregated by theater component
commander, as such term is defined in section 1513 of title 10, United
States Code, implementing the requirement.
(2) The hardening requirements of the United States Indo-Pacific
Command associated with the distribution of bulk fuel to support the
proposed force laydown in the area of responsibility of such command.
(3) A bulk fuels connector strategy to reposition fuels within the
area of responsibility of such command, which shall include a specific
assessment of the following:
(A) The overall bulk fuel requirements for the force
structure of the surface fleet tankers of the Navy and any
specific requirements associated with the proposed force laydown
specified in paragraph (2).
(B) The intra-theater connector strategy of the Department
of Defense to logistically support theater-specific bulk fuel
requirements.
(C) The bulk fuel requirements for light amphibious warfare
ships.
(4) An identification of the funding mechanisms used, or proposed to
be used, to meet each of the requirements specified in paragraphs (1)
through (3), including programmed and unfunded requirements, and a
description of any additional staffing or resources necessary to meet
such requirements.
(5) A risk assessment of the potential risk associated with the
denial of access to bulk fuel storage facilities located in foreign
countries, including a specific assessment of clauses in contracts
entered into by the Director of the Defense Logistics Agency that
provide for surety of access to such storage facilities, taking into
account the insurance sought with respect to such surety and the
anticipated penalties for failing to provide such surety.
(b) Inclusion in Separate Reports.--An element listed in paragraphs (1)
through (5) of subsection (a) shall be deemed to be included in the report under
subsection (a) if included in a separate report submitted to the congressional
defense committees on or before the date of the submission of the report under
such subsection.
(c) Form.--The report under subsection (a) shall be submitted in an
unclassified and publicly releasable form, but may contain a classified annex.
SEC. 334. PLACEMENT OF SENTINEL OR MONITORING WELLS IN PROXIMITY TO RED HILL
BULK FUEL STORAGE FACILITY.
(a) In General.--Not later than April 1, 2023, the Secretary of the Navy, in
coordination with the Director of the United States Geological Survey and the
Administrator of the Environmental Protection Agency, shall submit to the
congressional defense committees a report on the placement of sentinel or
monitoring wells in proximity to the Red Hill Bulk Fuel Storage Facility for the
purpose of monitoring and tracking the movement of fuel that has escaped the
Facility. Such report shall include--
(1) the number and location of new wells that have been established
during the 12-month period preceding the date of the submission of the
report;
(2) an identification of any new wells proposed to be established;
(3) an analysis of the need for any other wells;
(4) the proposed number and location of any such additional wells;
and
(5) the priority level of each proposed well based on--
(A) the optimal locations for new wells; and
(B) the capability of a proposed well to assist in
monitoring and tracking the movement of fuel toward the Halawa
shaft, the Halawa Well, and the Aiea Well.
(b) Quarterly Briefings.--Not later than 30 days after the submission of the
report under subsection (a), and every 90 days thereafter for 12 months, the
Secretary of the Navy shall provide to the congressional defense committees a
briefing on the progress of the Department of the Navy toward installing the
wells described in paragraphs (2) and (3) of subsection (a).
SEC. 335. STUDIES RELATING TO WATER NEEDS OF THE ARMED FORCES ON OAHU.
(a) Study on Future Water Needs of Oahu.--
(1) In general.--Not later than July 31, 2023, the Secretary of
Defense shall conduct a study on how the Department of Defense may best
address the future water needs of the Armed Forces on the island of
Oahu. Such study shall include consideration of--
(A) the construction of a new water treatment plant or
plants;
(B) the construction of a new well for use by members of the
Armed Forces and the civilian population;
(C) the construction of a new well for the exclusive use of
members of the Armed Forces;
(D) transferring ownership and operation of existing
Department of Defense utilities to a municipality or existing
publicly owned utility;
(E) conveying certain Navy utilities to the Honolulu Board
of Water Supply; and
(F) any other water solutions the Secretary of Defense
determines appropriate.
(2) Consultation.--In carrying out the study under paragraph (1),
the Secretary of Defense shall consult with the Administrator of the
Environmental Protection Agency, the State of Hawaii, the Honolulu Board
of Water Supply, and any other entity the Secretary of Defense
determines appropriate.
(3) Report; briefing.--Upon completion of the study under paragraph
(1), the Secretary of Defense shall--
(A) submit to the appropriate congressional committees a
report on the findings of the study; and
(B) provide to the appropriate congressional committees a
briefing on such findings.
(b) Hydrological Studies.--
(1) Groundwater flow model study.--Not later than July 31, 2023, the
Secretary of the Navy, in consultation with the Administrator of the
Environmental Protection Agency, the Director of the United States
Geological Survey, and the State of Hawaii, shall commence the conduct
of a new study, or continue an existing study, to further refine the
modeling of groundwater flow in the area surrounding the Red Hill Bulk
Fuel Storage Facility. Such study shall be designed to--
(A) seek to improve the understanding of the direction and
rate of groundwater flow and dissolved fuel migration within the
aquifers in the area surrounding the facility;
(B) reflect site-specific data, including available data of
the heterogeneous subsurface geologic system of such area; and
(C) address previously identified deficiencies in existing
groundwater flow models.
(2) Deadlines for completion.--
(A) Groundwater flow model study.--The study under paragraph
(1) shall be completed by not later than one year after the date
of the enactment of this Act.
(B) Subsequent study.--Not later than one year after the
date on which the study under paragraph (1) is completed, the
Secretary of the Navy shall complete a subsequent study to model
contaminant fate and transport in the area surrounding the Red
Hill Bulk Fuel Storage Facility.
(3) Reports; briefings.--Upon completion of a study under this
subsection, the Secretary of the Navy shall--
(A) submit to the congressional defense committees a report
on the findings of the study; and
(B) provide to the congressional defense committees a
briefing on such findings.
(c) Appropriate Congressional Committees Defined.--In this section, the term
``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Energy and Commerce of the House of
Representatives.
(3) The Committee on Environment and Public Works of the Senate.
SEC. 336. STUDY ON ALTERNATIVE USES FOR RED HILL BULK FUEL STORAGE FACILITY.
(a) Study Required.--
(1) In general.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter into
an agreement with a federally funded research and development center
that meets the criteria specified in paragraph (2) under which such
center will conduct a study to determine the range of feasible
alternative Department of Defense uses for the Red Hill Bulk Fuel
Storage Facility and provide to the Secretary a report on the findings
of the study. The conduct of such study shall include--
(A) engagement with stakeholders;
(B) a review of historical alternative uses of facilities
with similar characteristics; and
(C) such other modalities as determined necessary to
appropriately identify alternative use options, including data
and information collected from various stakeholders and through
site visits to physically inspect the facility.
(2) Criteria for ffrdc.--The federally funded research and
development center with which the Secretary seeks to enter into an
agreement under paragraph (1) shall meet the following criteria:
(A) A primary focus on studies and analysis.
(B) A record of conducting research and analysis using a
multidisciplinary approach.
(C) Demonstrated specific competencies in--
(i) life cycle cost-benefit analysis;
(ii) military facilities and how such facilities
support missions; and
(iii) the measurement of environmental impacts.
(D) A strong reputation for publishing publicly releasable
analysis to inform public debate.
(b) Cost-benefit Analysis.--An agreement entered into pursuant to subsection
(a) shall specify that the study conducted under the agreement will include a
cost-benefit analysis of the feasible Department of Defense alternative uses
considered under the study. Such cost-benefit analysis shall cover each of the
following for each such alternative use:
(1) The design and construction costs.
(2) Life-cycle costs, including the operation and maintenance costs
of operating the facility, such as annual operating costs, predicted
maintenance costs, and any disposal costs at the end of the useful life
of the facility.
(3) Any potential military benefits.
(4) Any potential benefits for the local economy, including any
potential employment opportunities for members of the community.
(5) A determination of environmental impact analysis requirements.
(6) The effects of the use on future mitigation efforts.
(7) Any additional factors determined to be relevant by the
federally funded research and development center in consultation with
the Secretary.
(c) Deadline for Completion.--An agreement entered into pursuant to
subsection (a) shall specify that the study conducted under the agreement shall
be completed by not later than February 1, 2024.
(d) Briefing.--Upon completion of a study conducted under an agreement
entered into pursuant to subsection (a), the Secretary shall provide to the
Committees on Armed Services of the Senate and House of Representatives a
briefing on the findings of the study.
(e) Public Availability.--
(1) FFRDC.--An agreement entered into pursuant to subsection (a)
shall specify that the federally funded research and development center
shall make an unclassified version of the report provided to the
Secretary publicly available on an appropriate website of the center.
(2) Department of defense.--Upon receipt of such report, the
Secretary shall make an unclassified version of the report publicly
available on an appropriate website of the Department of Defense.
SEC. 337. BRIEFING ON DEPARTMENT OF DEFENSE EFFORTS TO TRACK HEALTH IMPLICATIONS
OF FUEL LEAKS AT RED HILL BULK FUEL STORAGE FACILITY.
(a) Briefing.--Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense, in consultation with the Secretary of Health
and Human Services, shall provide to the congressional defense committees a
briefing on the efforts of the Secretary of Defense to appropriately track the
health implications of fuel leaks at the Red Hill Bulk Fuel Storage Facility for
members of the Armed Forces and dependents thereof, including members of each
Armed Force and dependents thereof. The briefing shall include each of the
following:
(1) A plan to coordinate with the Director of the Centers for
Disease Control and Prevention to align such efforts with the public
health assessment and monitoring efforts of the Director.
(2) A description of any potential benefits of coordinating and
sharing data with the State of Hawaii Department of Health.
(3) An analysis of the extent to which data from the State of Hawaii
Department of Health and data from other non-Department of Defense
sources can and should be used in any long-term health study relating to
fuel leaks at the Red Hill Bulk Fuel Storage Facility.
(4) A description of the potential health implications of
contaminants, including fuel, detected in the drinking water
distribution system at the Red Hill Bulk Fuel Storage Facility during
testing after the fuel leaks at such facility that occurred in May and
November 2021, respectively.
(5) A description of any contaminants, including fuel, detected in
the water supply at the Red Hill Bulk Fuel Storage Facility during the
12-month period preceding the fuel leak at such facility that occurred
in November 2021.
(6) A description of any potential benefits of broadening the
tracing window to include indications of contaminants, including fuel,
in the drinking water supply at the Red Hill Bulk Fuel Storage Facility
prior to May 2021.
(b) Armed Forces Defined.--In this section, the term ``Armed Forces'' has
the meaning given that term in section 101 of title 10, United States Code.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
SEC. 341. DEPARTMENT OF DEFENSE RESEARCH RELATING TO PERFLUOROALKYL OR
POLYFLUOROALKYL SUBSTANCES.
(a) Publication of Information.--
(1) In general.--Beginning not later than 180 days after the date of
the enactment of this Act, Secretary of Defense shall publish on the
publicly available website established under section 331(b) of the
National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 10 U.S.C. 2701 note) timely and regularly updated information on the
research efforts of the Department of Defense relating to perfluoroalkyl
substances or polyfluoroalkyl substances, which shall include the
following:
(A) A description of any research collaboration or data
sharing by the Department with the Department of Veterans
Affairs, the Agency for Toxic Substances and Disease Registry,
or any other agency (as defined in section 551 of title 5,
United States Code), State, academic institution,
nongovernmental organization, or other entity.
(B) Regularly updated information on research projects
supported or conducted by the Department of Defense pertaining
to the development, testing, and evaluation of a fluorine-free
firefighting foam or any other alternative to aqueous film
forming foam that contains perfluoroalkyl substances or
polyfluoroalkyl substances, excluding any proprietary
information that is business confidential.
(C) Regularly updated information on research projects
supported or conducted by the Department pertaining to the
health effects of perfluoroalkyl substances or polyfluoroalkyl
substances, including information relating to the impact of such
substances on firefighters, veterans, and military families, and
excluding any personally identifiable information.
(D) Regularly updated information on research projects
supported or conducted by the Department pertaining to treatment
options for drinking water, surface water, ground water, and the
safe disposal of perfluoroalkyl substances or polyfluoroalkyl
substances.
(E) Budget information, including specific spending
information for the research projects relating to perfluoroalkyl
substances or polyfluoroalkyl substances that are supported or
conducted by the Department.
(F) Such other matters as may be relevant to ongoing
research projects supported or conducted by the Department to
address the use of perfluoroalkyl substances or polyfluoroalkyl
substances and the health effects of the use of such substances.
(2) Format.--The information published under paragraph (1) shall be
made available in a downloadable, machine-readable, open, and user-
friendly format.
(3) Definitions.--In this subsection:
(A) The term ``military installation'' includes active,
inactive, and former military installations.
(B) The term ``perfluoroalkyl substance'' means a man-made
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
(C) The term ``polyfluoroalkyl substance'' means a man-made
chemical containing a mix of fully fluorinated carbon atoms,
partially fluorinated carbon atoms, and nonfluorinated carbon
atoms.
(b) Inclusion of Research Duties in Perfluoroalkyl Substances and
Polyfluoroalkyl Substances Task Force.--Section 2714(e) of title 10, United
States Code, is amended by adding at the end the following new paragraphs:
``(5) Supporting research efforts relating to perfluoroalkyl
substances or polyfluoroalkyl substances.
``(6) Establishing practices to ensure the timely and complete
dissemination of research findings and related data relating to
perfluoroalkyl substances or polyfluoroalkyl substances to the general
public.''.
SEC. 342. INCREASE OF TRANSFER AUTHORITY FOR FUNDING OF STUDY AND ASSESSMENT ON
HEALTH IMPLICATIONS OF PER- AND POLYFLUOROALKYL SUBSTANCES
CONTAMINATION IN DRINKING WATER BY AGENCY FOR TOXIC SUBSTANCES AND
DISEASE REGISTRY.
Section 316(a)(2)(B) of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1350), as amended by section 315(a) of
the John S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1713), section 321 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1307),
section 337 of the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3533), and section 342
of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 135 Stat. 1643), is further amended--
(1) in clause (ii), by striking ``2023'' and inserting ``2022''; and
(2) by adding at the end the following new clause:
``(iii) Without regard to section 2215 of title 10, United
States Code, the Secretary of Defense may transfer not more than
$20,000,000 during fiscal year 2023 to the Secretary of Health
and Human Services to pay for the study and assessment required
by this section.''.
SEC. 343. PRIZES FOR DEVELOPMENT OF NON-PFAS-CONTAINING TURNOUT GEAR.
Section 330 of the National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 134 Stat. 3528; 10 U.S.C. 2661 note prec.) is amended--
(1) in subsection (a)--
(A) by striking ``of a non-PFAS-containing'' and inserting
``of the following:''
``(1) A non-PFAS-containing''; and
(B) by adding at the end the following new paragraph:
``(2) Covered personal protective firefighting equipment that does
not contain an intentionally added perfluoroalkyl substance or
polyfluoroalkyl substance.''; and
(2) by amending subsection (f) to read as follows:
``(f) Definitions.--In this section:
``(1) The term `perfluoroalkyl substance' means a man-made chemical
of which all of the carbon atoms are fully fluorinated carbon atoms.
``(2) The term `polyfluoroalkyl substance' means a man-made chemical
containing at least one fully fluorinated carbon atom and at least one
non-fully fluorinated carbon atom.
``(3) The term `covered personal protective firefighting equipment''
means the following:
``(A) Turnout gear jacket or coat.
``(B) Turnout gear pants.
``(C) Turnout coveralls.
``(D) Any other personal protective firefighting equipment,
as determined by the Secretary of Defense, in consultation with
the Administrator of the United States Fire Administration.''.
SEC. 344. MODIFICATION OF LIMITATION ON DISCLOSURE OF RESULTS OF TESTING FOR
PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES ON PRIVATE PROPERTY.
Section 345(a)(2) of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 10 U.S.C. 2715 note) is amended by inserting
``personally identifiable information in connection with'' after ``publicly
disclose''.
SEC. 345. RESTRICTION ON PROCUREMENT OR PURCHASING BY DEPARTMENT OF DEFENSE OF
TURNOUT GEAR FOR FIREFIGHTERS CONTAINING PERFLUOROALKYL SUBSTANCES
OR POLYFLUOROALKYL SUBSTANCES.
(a) Prohibition on Procurement and Purchasing.--Subject to subsection (d),
beginning on October 1, 2026, the Secretary of Defense may not enter into a
contract to procure or purchase covered personal protective firefighting
equipment for use by Federal or civilian firefighters if such equipment contains
an intentionally added perfluoroalkyl substance or polyfluoroalkyl substance.
(b) Implementation.--
(1) Inclusion in contracts.--The Secretary of Defense shall include
the prohibition under subsection (a) in any contract entered into by the
Department of Defense to procure covered personal protective
firefighting equipment for use by Federal or civilian firefighters.
(2) No obligation to test.--In carrying out the prohibition under
subsection (a), the Secretary shall not have an obligation to test
covered personal protective firefighting equipment to confirm the
absence of perfluoroalkyl substances or polyfluoroalkyl substances.
(c) Existing Inventory.--Nothing in this section shall impact existing
inventories of covered personal protective firefighting equipment.
(d) Availability of Alternatives.--
(1) In general.--The requirement under subsection (a) shall be
subject to the availability of sufficiently protective covered personal
protective firefighting equipment that does not contain intentionally
added perfluoroalkyl substances or polyfluoroalkyl substances.
(2) Extension of effective date.--If the Secretary of Defense
determines that no sufficiently protective covered personal protective
firefighting equipment that does not contain intentionally added
perfluoroalkyl substances or polyfluoroalkyl substances is available,
the deadline under subsection (a) shall be extended until the Secretary
determines that such covered personal protective firefighting equipment
is available.
(e) Definitions.--In this section:
(1) The term ``covered personal protective firefighting equipment''
means--
(A) any product that provides protection to the upper and
lower torso, arms, legs, head, hands, and feet; or
(B) any other personal protective firefighting equipment, as
determined by the Secretary of Defense.
(2) The term ``perfluoroalkyl substance'' means a man-made chemical
of which all of the carbon atoms are fully fluorinated carbon atoms.
(3) The term ``polyfluoroalkyl substance'' means a man-made chemical
containing at least one fully fluorinated carbon atom and at least one
non-fully fluorinated carbon atom.
SEC. 346. ANNUAL REPORT ON PFAS CONTAMINATION AT CERTAIN MILITARY INSTALLATIONS
FROM SOURCES OTHER THAN AQUEOUS FILM-FORMING FOAM.
Not later than one year after the date of the enactment of this Act, and
annually thereafter for the following four years, the Under Secretary of Defense
for Acquisition and Sustainment shall submit to the congressional defense
committees a report on any known or suspected contamination on or around
military installations located in the United States resulting from the release
of any perfluoroalkyl substance or polyfluoroalkyl substance originating from a
source other than aqueous film-forming foam.
SEC. 347. REPORT ON CRITICAL PFAS USES; BRIEFINGS ON DEPARTMENT OF DEFENSE
PROCUREMENT OF CERTAIN ITEMS CONTAINING PFOS OR PFOA.
(a) Identification of Critical Uses.--Not later than June 1, 2023, the
Secretary of Defense, in consultation with the Defense Critical Supply Chain
Task Force and the Chemical and Material Risk Management Program of the
Department of Defense, shall submit to the Committees on Armed Services of the
House of Representatives and the Senate a report outlining the uses of
perfluoroalkyl substances and polyfluoroalkyl substances that are critical to
the national security of the United States, with a focus on such critical uses
in--
(1) the sectors outlined in the February 2022 report of the
Department of Defense titled ``Securing Defense-Critical Supply
Chains''; and
(2) sectors of strategic importance for domestic production and
investment to build supply chain resilience, including kinetic
capabilities, energy storage and batteries, and microelectronics and
semiconductors.
(b) Annual Briefings.--Not later than 270 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of Defense shall
provide to the Committees on Armed Services of the House of Representatives and
the Senate a briefing that includes a description of each of the following:
(1) Steps taken to identify covered items procured by the Department
of Defense that contain perfluorooctane sulfonate (PFOS) or
perfluorooctanoic acid (PFOA).
(2) Steps taken to identify products and vendors of covered items
that do not contain PFOS or PFOA.
(3) Steps taken to limit the procurement by the Department of
covered items that contain PFOS or PFOA.
(4) Steps the Secretary intends to take to limit the procurement of
covered items that contain PFOS or PFOA.
(c) Covered Item Defined.--In this section, the term ``covered item''
means--
(1) nonstick cookware or cooking utensils for use in galleys or
dining facilities; and
(2) upholstered furniture, carpets, and rugs that have been treated
with stain-resistant coatings.
Subtitle E--Logistics and Sustainment
SEC. 351. RESOURCES REQUIRED FOR ACHIEVING MATERIEL READINESS METRICS AND
OBJECTIVES FOR MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) In General.--Section 118 of title 10, United States Code, is amended:
(1) in subsection (d)(2), by striking ``objectives'' and inserting
``objectives, such as infrastructure, workforce, or supply chain
considerations'';
(2) redesignating subsection (e) as subsection (f); and
(3) inserting after subsection (d) the following new subsection (e):
``(e) Funding Estimates.--Not later than five days after the date on which
the Secretary of Defense submits to Congress the materials in support of the
budget of the President for a fiscal year, the Director of Cost Assessment and
Performance Evaluation shall submit to the congressional defense committees a
comprehensive estimate of the funds necessary to meet the materiel readiness
objectives required by subsection (c) through the period covered by the most
recent future-years defense program. At a minimum, the Director shall provide,
for each major weapon system, by designated mission design series, variant, or
class, a comprehensive estimate of the funds necessary to meet such objectives
that--
``(1) have been obligated by subactivity group within the operation
and maintenance accounts for the second fiscal year preceding the budget
year;
``(2) the Director estimates will have been obligated by subactivity
group within the operation and maintenance accounts by the end of the
fiscal year preceding the budget year; and
``(3) have been budgeted and programmed across the future years
defense program within the operation and maintenance accounts by
subactivity group.''.
(b) Phased Implementation.--The Director of Cost Assessment and Performance
Evaluation may meet the requirements of subsection (e) of section 118 of title
10, United States Code, as added by subsection (a), through a phased submission
of the funding estimates required under such subsection. In conducting a phased
implementation, the Director shall ensure that--
(1) for the budget request for fiscal year 2024, funding estimates
are provided for a representative sample by military department of at
least one-third of the major weapon systems;
(2) for the budget request for fiscal year 2025, funding estimates
are provided for an additional one-third of the major weapon systems;
and
(3) full implementation for all major weapons systems is completed
not later than five days after the date on which the Secretary of
Defense submits to Congress the materials in support of the budget of
the President for fiscal year 2026.
SEC. 352. ANNUAL PLAN FOR MAINTENANCE AND MODERNIZATION OF NAVAL VESSELS.
(a) Annual Plan.--Section 231 of title 10, United States Code, is amended--
(1) in the heading, by inserting ``, maintenance, and
modernization'' after ``construction'';
(2) by redesignating subsections (d) through (f) as subsections (e)
through (g), respectively;
(3) by inserting after subsection (c) the following new subsection:
``(d) Annual Plan for Maintenance and Modernization of Naval Vessels.--In
addition to the plan included under subsection (a)(1), the Secretary of Defense
shall include with the defense budget materials for a fiscal year each of the
following:
``(1) A plan for the maintenance and modernization of naval vessels
that includes the following:
``(A) A forecast of the maintenance and modernization
requirements for both the naval vessels in the inventory of the
Navy and the vessels required to be delivered under the naval
vessel construction plan under subsection (a)(1).
``(B) A description of the initiatives of the Secretary of
the Navy to ensure that activities key to facilitating the
maintenance and modernization of naval vessels (including with
respect to increasing workforce and industrial base capability
and capacity, shipyard level-loading, and facility improvements)
receive sufficient resourcing, and are including in appropriate
planning, to facilitate the requirements specified in
subparagraph (A).
``(2) A certification by the Secretary that both the budget for that
fiscal year and the future-years defense program submitted to Congress
in relation to such budget under section 221 of this title provide for
funding for the maintenance and modernization of naval vessels at a
level that is sufficient for such maintenance and modernization in
accordance with the plan under paragraph (1).''; and
(4) in subsection (f), as redesignated by paragraph (2), by
inserting `` and the plan and certification under subsection (d)'' after
``subsection (a)''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 9
of title 10, United States Code, is amended by striking the item relating to
section 231 and inserting the following new item:
``231. Budgeting for construction, maintenance, and modernization of
naval vessels: annual plan and
certification.''.
SEC. 353. INCLUSION OF INFORMATION REGARDING JOINT MEDICAL ESTIMATES IN
READINESS REPORTS.
Section 482(b) of title 10, United States Code, is amended--
(1) by redesignating paragraph (11) as paragraph (12); and
(2) by inserting after paragraph (10) the following new paragraph:
``(11) A summary of the joint medical estimate under section
732(b)(1) of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1817) prepared by the
Joint Staff Surgeon, with a mitigation plan to correct any readiness
problem or deficiency and the timeline, cost, and any legislative action
required to correct any such problem or deficiency.''.
SEC. 354. INAPPLICABILITY OF ADVANCE BILLING DOLLAR LIMITATION FOR RELIEF
EFFORTS FOLLOWING MAJOR DISASTERS OR EMERGENCIES.
Section 2208(l)(3) of title 10, United States Code, is amended--
(1) by striking ``The total'' and inserting ``(A) Except as provided
in subparagraph (B), the total''; and
(2) by adding at the end the following new subparagraph:
``(B) The dollar limitation under subparagraph (A) shall not apply with
respect to advance billing for relief efforts following a declaration of a major
disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).''.
SEC. 355. REPEAL OF COMPTROLLER GENERAL REVIEW ON TIME LIMITATIONS ON DURATION
OF PUBLIC-PRIVATE COMPETITIONS.
Section 322(c) of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 2252) is repealed.
SEC. 356. IMPLEMENTATION OF COMPTROLLER GENERAL RECOMMENDATIONS REGARDING
SHIPYARD INFRASTRUCTURE OPTIMIZATION PLAN OF THE NAVY.
(a) In General.--Not later than March 1, 2023, the Secretary of the Navy
shall--
(1) develop metrics for assessing progress of the Secretary toward
improved shipyard capacity and performance in carrying out the Shipyard
Infrastructure Optimization Plan of the Navy, including by measuring the
effectiveness of capital investments;
(2) ensure that the shipyard optimization program office of the
Navy--
(A) includes all costs, such as inflation, program office
activities, utilities, roads, environmental remediation,
historic preservation, and alternative workspace when developing
a detailed cost estimate; and
(B) uses cost estimating best practices in developing a
detailed cost estimate, including--
(i) a program baseline;
(ii) a work breakdown structure;
(iii) a description of the methodology and key
assumptions;
(iv) a consideration of inflation;
(v) a full assessment of risk and uncertainty; and
(vi) a sensitivity analysis; and
(3) obtain independent cost estimates for projects under the
shipyard optimization program that are estimated to exceed $250,000,000,
to validate the cost estimates of the Navy developed for such projects
pursuant to paragraph (2) and inform the prioritization of projects
under such program.
(b) Briefing.--If the Secretary of the Navy is unable to implement the
requirements under subsection (a) by March 1, 2023, the Secretary shall brief
the Committees on Armed Services of the Senate and the House of Representatives
before such date on--
(1) the current progress of the Secretary toward implementing those
requirements;
(2) any hindrance to implementing those requirements; and
(3) any additional resources necessary to implement those
requirements.
SEC. 357. LIMITATION ON AVAILABILITY OF FUNDS FOR MILITARY INFORMATION SUPPORT
OPERATIONS.
Of the funds authorized to be appropriated by this Act or otherwise made
available for Operation and Maintenance, Defense-Wide, for military information
support operations, not more than 75 percent may be obligated or expended until
the Secretary of Defense submits to the congressional defense committees a plan
for--
(1) appropriately scoping and tailoring messaging activities to
foreign target audiences;
(2) ensuring messages serve a valid military purpose;
(3) effectively managing risk associated with web-based military
information support operations;
(4) maintaining alignment with policies and procedures of the
Department of Defense;
(5) adequately overseeing and approving the work of contractors;
(6) ensuring alignment with policy guidance and procedures of the
Department; and
(7) coordinating activities with the Global Engagement Center of the
Department of State and other relevant non-Department of Defense
entities.
SEC. 358. NOTIFICATION OF MODIFICATION TO POLICY REGARDING RETENTION RATES FOR
NAVY SHIP REPAIR CONTRACTS.
(a) Notification.--The Secretary of the Navy may not modify the general
policy of the Department of the Navy regarding retention rates for contracts for
Navy ship repair until a period of 15 days has elapsed following the date on
which the Assistant Secretary of the Navy for Research, Development, and
Acquisition submits to the congressional defense committees a notification that
includes, with respect to such modification, the following information:
(1) An identification of any considerations that informed the
decision to so modify.
(2) A description of the desired effect of the modification on the
Navy ship repair industrial base.
(b) Termination.--This section, and the requirements thereof, shall
terminate on September 30, 2025.
SEC. 359. RESEARCH AND ANALYSIS ON CAPACITY OF PRIVATE SHIPYARDS IN UNITED
STATES AND EFFECT OF THOSE SHIPYARDS ON NAVAL FLEET READINESS.
(a) In General.--Not later than 60 days after the date of the enactment of
this Act, the Secretary of the Navy shall seek to enter into an agreement with a
nonprofit entity or a federally funded research and development center to
conduct research and analysis regarding the capacity and capability of private
shipyards in the United States to repair, maintain, and modernize surface
combatants and support ships of the Navy to ensure fleet readiness.
(b) Elements.--The research and analysis conducted under subsection (a)
shall include the following:
(1) An assessment of the maintenance needs of the Navy during the
five-year period preceding the date of the enactment of this Act,
including the frequency of unplanned maintenance and the average time it
takes to repair ships.
(2) An assessment of the projected maintenance needs of the Navy
during the 10-year period following such date of enactment.
(3) An assessment of whether current private shipyards in the United
States have the capacity to meet current and anticipated needs of the
Navy to maintain and repair ships, including whether there are adequate
ship repair facilities and a sufficiently trained workforce.
(4) An identification of barriers limiting the success of
intermediate-level and depot-level maintenance availabilities, including
constraints of adding private depot capacity and capability.
(5) Recommendations based on the findings of paragraphs (1) through
(4) regarding actions the Secretary of the Navy can take to ensure there
is an industrial base of private ship repair facilities to meet the
needs of the Navy and ensure fleet readiness, including whether the
Secretary should institute a new force generation model, establish
additional homeport facilities, or establish new hub-type maintenance
facilities.
(c) Input From Private Shipyards.--In conducting research and analysis under
subsection (a), the nonprofit entity or federally funded research and
development center with which the Secretary of the Navy enters into an agreement
under subsection (a) shall consult with private shipyards regarding--
(1) the fleet maintenance needs of surface combatant and support
ships of the Navy;
(2) private shipyard capacity, including workforce; and
(3) additional investment in private shipyards necessary to meet the
needs of the Navy.
(d) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the nonprofit entity or federally funded research
and development center with which the Secretary of the Navy enters into
an agreement under subsection (a) shall submit to the Secretary a report
on the results of the research and analysis undertaken under such
subsection.
(2) Submission to congress.--Not later than 30 days after the
Secretary receives the report under paragraph (1), the Secretary shall
submit to the congressional defense committees a copy of the report.
SEC. 360. INDEPENDENT STUDY RELATING TO FUEL DISTRIBUTION LOGISTICS ACROSS
UNITED STATES INDO-PACIFIC COMMAND.
(a) Study.--Not later than 30 days after the date of the enactment of this
Act, the Secretary of Defense shall seek to enter into a contract with a
federally funded research and development center that meets the criteria under
subsection (b) to conduct a study on fuel distribution logistics in the area of
responsibility of the United States Indo-Pacific Command.
(b) Criteria for FFRDC.--The criteria under this subsection are the
following:
(1) A primary focus on the conduct of studies and analysis.
(2) A demonstrated record of conducting research and analysis using
a multidisciplinary approach.
(3) A strong reputation for publishing publicly releasable analysis
to inform public debate.
(c) IDA Strategic Fuel Assessment.--In conducting the study pursuant to a
contract under subsection (a), the federally funded research and development
center shall use the results of the July 1, 2020, report of the Institute for
Defense Analyses titled ``INDOPACOM Strategic Fuel Assessment'' as a baseline to
inform its analysis of fuel distribution logistics in the area of responsibility
of the United States Indo-Pacific Command.
(d) Elements.--A contract under subsection (a) shall provide that a study
conducted under the contract shall include, with respect to the area of
responsibility of the United States Indo-Pacific Command, the following:
(1) An evaluation of the vulnerabilities associated with the
production, refinement, and distribution of fuel by the Armed Forces
during periods of conflict and in contested logistics environments
within the area, including with respect to the capability of the Armed
Forces to sustain operational flights by aircraft and joint force
distributed operations.
(2) An assessment of potential adversary capabilities to disrupt
such fuel distribution in the area through a variety of means, including
financial means, cyber means, and conventional kinetic attacks.
(3) An assessment of any gaps in the capability or capacity of
inter- or intra-theater fuel distribution, including any gaps relating
to storage, transfer platforms, manning for platforms, command and
control, or fuel handling.
(4) An evaluation of the positioning of defense fuel support points
in the area, including with respect to operational suitability and
vulnerability to a variety of kinetic threats.
(5) An assessment of the readiness of allies and partners of the
United States to support the supply, storage, and distribution of fuel
by the Armed Forces in the area, including a review of any relevant
security cooperation agreements entered into between the United States
and such allies and partners.
(6) An assessment of potential actions to mitigate any
vulnerabilities identified pursuant to the study.
(e) Report.--
(1) Submission to secretary of defense.--
(A) In general.--A contract under subsection (a) shall
provide that a study conducted under the contract shall require
that the federally funded research and development center submit
to the Secretary a report containing the findings of such study.
(B) Form.--The report under subparagraph (A) shall be
submitted in an unclassified and publicly releasable form, but
may include a classified annex.
(2) Submission to congress.--Not later than 30 days after the date
on which the Secretary receives the report under paragraph (1)(A), the
Secretary shall submit to the appropriate congressional committees a
copy of such report, submitted without change.
(f) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(C) the Committee on Commerce, Science, and Transportation
of the Senate.
(2) The term ``contested logistics environment'' has the meaning
given such term in section 2926 of title 10, United States Code.
SEC. 361. QUARTERLY BRIEFINGS ON EXPENDITURES FOR ESTABLISHMENT OF FUEL
DISTRIBUTION POINTS IN UNITED STATES INDO-PACIFIC COMMAND AREA OF
RESPONSIBILITY.
(a) Quarterly Briefings.--On a quarterly basis until the date that is two
years after the date of the enactment of this Act, the Commander of United
States Indo-Pacific Command shall provide to the congressional defense
committees briefings on the use of the funds described in subsection (c).
(b) Contents of Briefings.--Each briefing under subsection (a) shall include
an expenditure plan for the establishment of fuel distribution points in the
area of responsibility of United States Indo-Pacific Command relating to the
defueling and closure of the Red Hill Bulk Fuel Storage Facility.
(c) Funds Described.--The funds described in this subsection are the amounts
authorized to be appropriated or otherwise made available for fiscal year 2023
for Military Construction, Defense-wide for Planning and Design for United
States Indo-Pacific Command.
Subtitle F--Matters Relating to Depots and Ammunition Production Facilities
SEC. 371. BUDGETING FOR DEPOT AND AMMUNITION PRODUCTION FACILITY MAINTENANCE AND
REPAIR: ANNUAL REPORT.
Chapter 9 of title 10, United States Code, is amended by adding at the end
the following new section (and conforming the table of sections at the beginning
of such chapter accordingly):
``Sec. 239d. Budgeting for depot and ammunition production facility maintenance
and repair: annual report
``(a) Annual Report.--The Secretary of Defense, in coordination with the
Secretaries of the military departments, shall include with the defense budget
materials for each fiscal year a report regarding the maintenance and repair of
covered facilities.
``(b) Elements.--Each report required under subsection (a) shall include, at
a minimum, the following (disaggregated by military department):
``(1) With respect to each of the three fiscal years preceding the
fiscal year covered by the defense budget materials with which the
report is included, revenue data for that fiscal year for the
maintenance, repair, and overhaul workload funded at all the depots of
the military department.
``(2) With respect to the fiscal year covered by the defense budget
materials with which the report is included and each of the two fiscal
years prior, an identification of the following:
``(A) The amount of appropriations budgeted for that fiscal
year for depots, further disaggregated by the type of
appropriation.
``(B) The amount budgeted for that fiscal year for working-
capital fund investments by the Secretary of the military
department for the capital budgets of the covered depots of the
military department, shown in total and further disaggregated by
whether the investment relates to the efficiency of depot
facilities, work environment, equipment, equipment (non-capital
investment program), or processes.
``(C) The total amount required to be invested by the
Secretary of the military department for that fiscal year for
the capital budgets of covered depots pursuant to section
2476(a) of this title.
``(D) A comparison of the budgeted amount identified under
subparagraph (B) with the total required amount identified under
subparagraph (C).
``(E) For each covered depot of the military department, of
the total required amount identified under subparagraph (C), the
percentage of such amount allocated, or projected to be
allocated, to the covered depot for that fiscal year.
``(3) For each covered facility of the military department, the
following:
``(A) Information on the average facility condition, average
critical facility condition, restoration and maintenance project
backlog, and average equipment age, including a description of
any changes in such metrics from previous years.
``(B) Information on the status of the implementation at the
covered facility of the plans and strategies of the Department
of Defense relating to covered facility improvement, including,
as applicable, the implementation of the strategy required under
section 359 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1323; 10 U.S.C. 2460
note).
``(c) Definitions.--In this section:
``(1) The term `ammunition production facility' means an ammunition
organic industrial base production facility.
``(2) The terms `budget' and `defense budget materials' have the
meaning given those terms in section 234 of this title.
``(3) The term `covered depot' has the meaning given that term in
section 2476 of this title.
``(4) The term `covered facility' means a covered depot or an
ammunition production facility.''.
SEC. 372. EXTENSION OF AUTHORIZATION OF DEPOT WORKING CAPITAL FUNDS FOR
UNSPECIFIED MINOR MILITARY CONSTRUCTION.
Section 2208(u)(4) of title 10, United States Code, is amended by striking
``2023'' and inserting ``2025''.
SEC. 373. FIVE-YEAR PLANS FOR IMPROVEMENTS TO DEPOT AND AMMUNITION PRODUCTION
FACILITY INFRASTRUCTURE.
Chapter 146 of title 10, United States Code, is amended by inserting after
section 2742 the following new section (and conforming the table of sections at
the beginning of such chapter accordingly):
``Sec. 2473. Annual five-year plans on improvement of depot infrastructure
``(a) Submission.--As part of the annual budget submission of the President
under section 1105(a) of title 31, each Secretary of a military department shall
submit to the congressional defense committees a plan describing the objectives
of that Secretary to improve depot infrastructure during the five fiscal years
following the fiscal year for which such budget is submitted.
``(b) Elements.--Each plan submitted by a Secretary of a military department
under subsection (a) shall include the following:
``(1) With respect to the five-year period covered by the plan, an
identification of the major lines of effort, milestones, and specific
goals of the Secretary over such period relating to the improvement of
depot infrastructure and a description of how such goals support the
goals outlined in section 359(b)(1)(B) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat.
1324; 10 U.S.C. 2476 note).
``(2) The estimated costs of necessary depot infrastructure
improvements and a description of how such costs would be addressed by
the Department of Defense budget request submitted during the same year
as the plan and the applicable future-years defense program.
``(3) Information regarding the plan of the Secretary to initiate
such environmental and engineering studies as may be necessary to carry
out planned depot infrastructure improvements.
``(4) Detailed information regarding how depot infrastructure
improvement projects will be paced and sequenced to ensure continuous
operations.
``(c) Incorporation of Results-oriented Management Practices.--Each plan
under subsection (a) shall incorporate the leading results-oriented management
practices identified in the report of the Comptroller General of the United
States titled `Actions Needed to Improve Poor Conditions of Facilities and
Equipment that Affect Maintenance Timeliness and Efficiency' (GAO-19-242), or
any successor report, including--
``(1) analytically based goals;
``(2) results-oriented metrics;
``(3) the identification of required resources, risks, and
stakeholders; and
``(4) regular reporting on progress to decision makers.''.
SEC. 374. MODIFICATION TO MINIMUM CAPITAL INVESTMENT FOR CERTAIN DEPOTS.
(a) Modification.--Section 2476 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``Each fiscal year'' and inserting ``(1)
Each fiscal year'';
(B) by striking ``six'' and inserting ``eight''; and
(C) by inserting after paragraph (1), as designated by
subparagraph (A), the following new paragraph:
``(2) Of the amount required to be invested in the capital budgets of the
covered depots of a military department under paragraph (1) for each fiscal
year--
``(A) 75 percent shall be used for the modernization or improvement
of the efficiency of depot facilities, equipment, work environment, or
processes in direct support of depot operations; and
``(B) 25 percent shall be used for the sustainment, restoration, and
modernization (as such terms are defined in the Department of Defense
Financial Management Regulation 7000.14-R, or successor regulation) of
existing facilities or infrastructure.'';
(2) in subsection (b), by striking ``, but does not include funds
spent for sustainment of existing facilities, infrastructure, or
equipment'';
(3) by redesignating subsections (c) through (e) as subsections (d)
through (f);
(4) by inserting after subsection (b) the following new subsection:
``(c) Compliance With Certain Requirements Relating to Personnel and Total
Force Management.--In identifying amounts to invest pursuant to the requirement
under subsection (a)(1), the Secretary of a military department shall comply
with all applicable requirements of sections 129 and 129a of this title.''; and
(5) in subsection (e)(2), as redesignated by paragraph (3), by
adding at the end the following new subparagraph:
``(F) A table enumerating, for the period covered by the report, the
amounts invested to meet the requirement under subsection (a)(1),
disaggregated by funding source and whether the amount is allocated
pursuant to subparagraph (A) or subparagraph (B) of subsection
(a)(2).''.
(b) Technical and Conforming Amendments.--
(1) In general.--Such section is further amended in subsections (d)
and (e), as redesignated by subsection (a)(3), by striking ``subsection
(a)'' and inserting ``subsection (a)(1)'' each place it appears.
(2) Additional technical and conforming amendments.--Section 2861(b)
of title 10, United States Code, is amended--
(A) by striking ``subsection (e) of section 2476'' and
inserting ``subsection (f) of section 2476''; and
(B) by striking ``subsection (a) of such section'' and
inserting ``subsection (a)(1) of such section''.
(c) Applicability.--The amendments made by this section shall apply with
respect to fiscal years beginning on or after October 1, 2023.
SEC. 375. CONTINUATION OF REQUIREMENT FOR BIENNIAL REPORT ON CORE DEPOT-LEVEL
MAINTENANCE AND REPAIR.
(a) In General.--Section 1080(a) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1000; 10 U.S.C. 111 note)
does not apply to the report required to be submitted to Congress under section
2464(d) of title 10, United States Code.
(b) Conforming Repeal.--Section 1061(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2401; 10
U.S.C. 111 note) is amended by striking paragraph (45).
SEC. 376. CONTINUATION OF REQUIREMENT FOR ANNUAL REPORT ON FUNDS EXPENDED FOR
PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND REPAIR WORKLOADS.
(a) In General.--Section 1080(a) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1000; 10 U.S.C. 111 note)
does not apply to the report required to be submitted to Congress under section
2466(d) of title 10, United States Code.
(b) Conforming Repeal.--Section 1061(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2401; 10
U.S.C. 111 note) is amended by striking paragraph (46).
SEC. 377. CLARIFICATION OF CALCULATION FOR CERTAIN WORKLOAD CARRYOVER OF
DEPARTMENT OF THE ARMY.
For purposes of calculating the amount of workload carryover with respect to
the depots and arsenals of the Department of the Army, the Secretary of Defense
shall authorize the Secretary of the Army to use a calculation for such
carryover that applies a material end of period exclusion.
Subtitle G--Other Matters
SEC. 381. ANNUAL REPORTS BY DEPUTY SECRETARY OF DEFENSE ON ACTIVITIES OF JOINT
SAFETY COUNCIL.
Section 184(k) of title 10, United States Code is amended--
(1) by striking ``Report.--The Chair'' and inserting ``Reports.--(1)
The Chair''; and
(2) by adding at the end the following new paragraph:
``(2) Not later than March 31, 2023, and not later than December 31 of each
year thereafter, the Deputy Secretary of Defense shall submit to the
congressional defense committees a report containing--
``(A) a summary of the goals and priorities of the Deputy Secretary
for the year following the date of the submission of the report with
respect to the activities of the Council; and
``(B) an assessment by the Deputy Secretary of the activities of the
Council carried out during the year preceding the date of such
submission.''.
SEC. 382. ACCOUNTABILITY FOR DEPARTMENT OF DEFENSE CONTRACTORS USING MILITARY
WORKING DOGS.
(a) In General.--Chapter 50 of title 10, United States Code, is amended by
adding at the end the following new section (and conforming the table of
sections at the beginning of such chapter accordingly):
``Sec. 995. Accountability for contractors using military working dogs
``(a) Annual Reporting Requirement for Contractors.--Each covered contract
shall specify that the contractor is required to submit to the Under Secretary
of Defense (Comptroller), on an annual basis for the duration of the covered
contract, a report containing an identification of--
``(1) the number of military working dogs that are in the possession
of the covered contractor and located outside of the continental United
States in support of a military operation, if any; and
``(2) the primary location of any such military working dogs.
``(b) Covered Contract Defined.--In this section the term `covered contract'
means a contract that the Secretary of Defense determines involves military
working dogs.''.
(b) Applicability.--Section 995 of title 10, United States Code, as added by
subsection (a), shall apply with respect to a contract entered into on or after
the date of the enactment of this Act.
(c) Briefing Requirement.--Not later than March 1, 2023, and annually
thereafter for each of the subsequent three years, the Secretary of Defense
shall provide to the congressional defense committees a briefing on the
implementation of section 995 of title 10, United States Code, as added by
subsection (a).
(d) Deadline for Guidance.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense (Comptroller) shall issue
the guidance on the annual reporting requirement under section 995 of title 10,
United States Code, as added by subsection (a).
(e) Regulations to Prohibit Abandonment.--Not later than two years after the
date of the enactment of this Act, the Secretary of Defense shall issue
regulations to prohibit the abandonment of military working dogs used in support
of a military operation outside of the continental United States.
SEC. 383. MEMBERSHIP OF COAST GUARD ON JOINT SAFETY COUNCIL.
Section 184(b)(1) of title 10, United States Code, is amended--
(1) by redesignating subparagraph (D) as subparagraph (E); and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D) During periods in which the Coast Guard is not operating as a
service in the Department of the Navy, an officer of the Coast Guard,
appointed by the Secretary of Homeland Security.''.
SEC. 384. INCLUSION IN REPORT ON UNFUNDED PRIORITIES NATIONAL GUARD
RESPONSIBILITIES IN CONNECTION WITH NATURAL AND MAN-MADE
DISASTERS.
(a) In General.--In the report required under section 222a of title 10,
United States Code, for fiscal year 2024, the officer specified under subsection
(b)(7) of such section shall include as part of the National Guard unfunded
priorities described in subsection (c)(3) of such section unfunded priorities
that relate to non-Federal National Guard responsibilities in connection with
natural and man-made disasters.
(b) Technical Amendment.--Section 222a(c)(3) of title 10, United States
Code, is amended by striking ``subsection (b)(6)'' both places it appears and
inserting ``subsection (b)(7)''.
SEC. 385. SUPPORT FOR TRAINING OF NATIONAL GUARD PERSONNEL ON WILDFIRE
PREVENTION AND RESPONSE.
Section 351 of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1367; 32 U.S.C. 501 note) is amended to read as
follows:
``SEC. 351. TRAINING OF NATIONAL GUARD PERSONNEL ON WILDFIRE PREVENTION AND
RESPONSE.
``The Secretary of the Army and the Secretary of the Air Force, in
consultation with the Chief of the National Guard Bureau, may provide support
for the training of appropriate personnel of the National Guard on wildfire
prevention and response. In carrying out this section, the Secretaries--
``(1) shall give a preference to personnel assigned to military
installations with the highest wildfire suppression needs, as determined
by the Secretaries; and
``(2) may consult with the Executive Board of the National
Interagency Fire Center.''.
SEC. 386. INTERAGENCY COLLABORATION AND EXTENSION OF PILOT PROGRAM ON MILITARY
WORKING DOGS AND EXPLOSIVES DETECTION.
(a) Extension of Pilot Program.--Section 381(b) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1672; 10
U.S.C. 3062 note) is amended by striking ``2024'' and inserting ``2025''.
(b) Review of Research Efforts of Department of Defense and Department of
Homeland Security.--
(1) Review.--The Secretary of Defense, in coordination with the
Secretary of Homeland Security, shall conduct a review of the recent and
ongoing research, testing, and evaluation efforts of the Department of
Defense and the Department of Homeland Security, respectively, regarding
explosives detection working dogs.
(2) Matters.--The review under paragraph (1) shall include an
analysis of the following:
(A) Any recent or ongoing research efforts of the Department
of Defense or the Department of Homeland Security, respectively,
relating to explosives detection working dogs, and any
similarities between such efforts.
(B) Any recent or ongoing veterinary research efforts of the
Department of Defense or the Department of Homeland Security,
respectively, relating to working dogs, canines, or other areas
that may be relevant to the improvement of the breeding, health,
performance, or training of explosives detection working dogs.
(C) Any research areas relating to explosives detection
working dogs in which there is a need for ongoing research but
no such ongoing research is being carried out by either the
Secretary of Defense or the Secretary of Homeland Security,
particularly with respect to the health, domestic breeding, and
training of explosives detection working dogs.
(D) How the recent and ongoing research efforts of the
Department of Defense and the Department of Homeland Security,
respectively, may improve the domestic breeding of working dogs,
including explosives detection working dogs, and the health
outcomes and performance of such domestically bred working dogs,
including through coordination with academic or industry
partners with experience in research relating to working dogs.
(E) Potential opportunities for the Secretary of Defense to
collaborate with the Secretary of Homeland Security on research
relating to explosives detection working dogs.
(F) Any research partners of the Department of Defense or
the Department of Homeland Security, or both, that may be
beneficial in assisting with the research efforts and areas
described in this subsection.
(c) Plan Required.--Not later than 180 days of the date of the enactment of
this Act, the Secretary of Defense, in coordination with the Secretary of
Homeland Security, shall submit to the appropriate congressional committees a
plan for the Secretary of Defense to collaborate, as appropriate, with the
Secretary of Homeland Security on research relating to explosives detection
working dogs and other relevant matters. Such plan shall include the following:
(1) An analysis of potential opportunities for collaboration between
the Secretary of Defense and the Secretary of Homeland Security on the
research efforts and areas described in subsection (a)(2).
(2) An identification of specific programs or areas of research for
such collaboration.
(3) An identification of any additional agreements or authorities
necessary for the Secretaries to carry out such collaboration.
(4) An identification of additional funding necessary to carry out
such collaboration.
(5) An analysis of potential coordination on the research efforts
and areas described in subsection (a)(2) with academic and industry
partners with experience in research relating to working dogs, including
an identification of potential opportunities for such coordination in
carrying out the collaboration described in paragraph (1).
(6) A proposed timeline for the Secretary of Defense to engage in
such collaboration, including specific proposed deadlines.
(7) A description of how programs carried out pursuant to this
section seek to address the health and welfare issues identified by the
Comptroller General of the United States in the report titled ``Working
Dogs: Federal Agencies Need to Better Address Health and Welfare''
published on October 19, 2022 (GAO-23-104489).
(8) Any other matters the Secretary of Defense considers
appropriate.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means the
following:
(A) The congressional defense committees.
(B) The Committee on Homeland Security of the House of
Representatives.
(C) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(2) The term ``explosives detection working dog'' means a canine
that, in connection with the work duties of the canine performed for a
Federal department or agency, is certified and trained to detect odors
indicating the presence of explosives in a given object or area, in
addition to the performance of such other duties for the Federal
department or agency as may be assigned.
SEC. 387. AMENDMENT TO THE SIKES ACT.
(a) Use of Natural Features.--Section 101(a)(3)(A) of the Sikes Act (16
U.S.C. 670a(a)(3)(A)) is amended--
(1) by redesignating clauses (ii) and (iii) as clauses (iii) and
(iv), respectively; and
(2) by inserting after clause (i) the following:
``(ii) the use of natural and nature-based features to
maintain or improve military installation resilience;''.
(b) Expanding and Making Permanent the Program for Invasive Species
Management for Military Installations.--Section 101(g) of the Sikes Act (16
U.S.C. 670a(g)) is amended--
(1) by striking the header and inserting ``Program for Invasive
Species Management for Military Installations''; and
(2) in paragraph (1)--
(A) by striking ``During fiscal years 2009 through 2014,
the'' and inserting ``The''; and
(B) by striking ``in Guam''.
SEC. 388. NATIONAL STANDARDS FOR FEDERAL FIRE PROTECTION AT MILITARY
INSTALLATIONS.
(a) Standards Required.--Beginning not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall ensure that--
(1) members of the Armed Forces and employees of Defense Agencies
who provide fire protection services to military installations comply
with the national consensus standards developed by the National Fire
Protection Association;
(2) the minimum staffing requirement for any firefighting vehicle
responding to a structural building emergency at a military installation
is not less than four firefighters per vehicle; and
(3) the minimum staffing requirement for any firefighting vehicle
responding to an aircraft or airfield incident at a military
installation is not less than three firefighters per vehicle.
(b) Reports Required.--Not later than 180 days after the date of the
enactment of this Act, each Secretary of a military department shall submit to
the Committees on Armed Services of the House of Representatives and the Senate
a report that--
(1) details each instance in which the standards of that military
department deviate from the national consensus standards specified in
subsection (a)(1), and at what military installation;
(2) includes, for each military installation under the jurisdiction
of that Secretary, a detailed description of response times for
emergency services and firefighting vehicle staffing levels; and
(3) includes an assessment of the feasibility of requiring
compliance with the national consensus standards specified in subsection
(a)(1) in accordance with such subsection at each military installation
under the jurisdiction of that Secretary (without exception), the cost
of requiring such compliance, and the estimated timeline for that
Secretary to implement such requirement.
(c) Definitions.--In this section:
(1) The terms ``Armed Forces'' and ``Defense Agency'' have the
meanings given such terms in section 101 of title 10, United States
Code.
(2) The term ``firefighter'' has the meaning given that term in
section 707(b) of the National Defense Authorization Act for Fiscal Year
2020 (Pub. L. 116-92; 10 U.S.C. 1074m note).
(3) The term ``military installation'' has the meaning given that
term in section 2801 of title 10, United States Code.
SEC. 389. PILOT PROGRAMS FOR TACTICAL VEHICLE SAFETY DATA COLLECTION.
(a) In General.--Not later than October 1, 2023, the Secretary of the Army
and the Secretary of the Navy shall each initiate a pilot program to evaluate
the utility of using data recorders to monitor, assess, and improve readiness
and the safe operation of military tactical vehicles in the Army and the Marine
Corps, respectively.
(b) Duration.--Each pilot program initiated under subsection (a) shall be
carried out for a period of not less than two years.
(c) Requirements.--In carrying out a pilot program under this section, the
Secretary of the Army and the Secretary of the Navy each shall--
(1) select not fewer than one military installation in the United
States under the jurisdiction of the Secretary that contains the
necessary forces, equipment, and maneuver training ranges to collect
data on drivers and military tactical vehicles during training and
routine operation at which to carry out the pilot program;
(2) install data recorders on a sufficient number of each type of
military tactical vehicle specified in subsection (d) to gain
statistically significant results;
(3) select a data recorder capable of collecting and exporting
telemetry data, event data, and driver identification data during
operation and accidents;
(4) establish and maintain a data repository for operation and event
data captured by the data recorder; and
(5) establish processes to leverage operation and event data to
improve individual vehicle operator performance, identify installation
hazards that threaten safe vehicle operation, and identify vehicle-type
specific operating conditions that increase the risk of accidents or
mishaps.
(d) Military Tactical Vehicles Specified.--Military tactical vehicles
specified in this subsection are the following:
(1) High Mobility Multipurpose Wheeled Vehicles.
(2) Family of Medium Tactical Vehicles.
(3) Medium Tactical Vehicle Replacements.
(4) Heavy Expanded Mobility Tactical Trucks.
(5) Light Armored Vehicles.
(6) Stryker armored combat vehicles.
(7) Such other military tactical vehicles as the Secretary of the
Army or the Secretary of the Navy considers appropriate.
(e) Cyber Risk Exemption.--The Secretary of the Army or the Secretary of the
Navy, as the case may be, may exempt from a pilot program under this section a
military tactical vehicle specified under subsection (d) if that Secretary
submits to the Committees on Armed Services of the House of Representatives and
the Senate a certification that, with respect to inclusion of the military
tactical vehicle, there is a high potential of cyber risk as a result of the
absence of a cross-domain solution capable of segregating classified and
unclassified data.
(f) Implementation Plan.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army and the Secretary of the Navy
shall each--
(1) develop plans for implementing the pilot programs under this
section; and
(2) provide to the congressional defense committees a briefing on
those plans and the estimated cost of implementing those plans.
(g) Report Required.--Not later than December 15, 2024, the Secretary of the
Army and the Secretary of the Navy shall each submit to the congressional
defense committees a report on the respective pilot programs carried out under
this section by the Secretaries, including--
(1) insights and findings regarding the utility of using data
recorders to monitor, assess, and improve readiness and the safe
operation of military tactical vehicles;
(2) adjustments made, or to be made, to the implementation plans
developed under subsection (f); and
(3) any other matters determined appropriate by the Secretaries.
(h) Assessment Required.--Not later than December 15, 2025, the Secretary of
the Army and the Secretary of the Navy shall jointly submit to the congressional
defense committees an assessment of the pilot programs carried out under this
section, including--
(1) insights and findings regarding the utility of using data
recorders to monitor, assess, and improve readiness and the safe
operation of military tactical vehicles;
(2) an assessment of the utility of establishing an enduring program
to use data recorders to monitor, assess, and improve readiness and the
safe operation of military tactical vehicles;
(3) an assessment of the scope, size, and estimated cost of such an
enduring program; and
(4) such other matters as the Secretary of the Army and the
Secretary of the Navy determine appropriate.
SEC. 390. REQUIREMENTS RELATING TO REDUCTION OF OUT-OF-POCKET COSTS OF MEMBERS
OF THE ARMED FORCES FOR UNIFORM ITEMS.
(a) Tracking Requirement.--The Secretary of Defense shall take such steps as
may be necessary to track the expected useful life of uniform items for officers
and enlisted members of the Armed Forces, for the purposes of--
(1) estimating the rate at which such uniform items are replaced;
(2) determining the resulting out-of-pocket costs for such members
over time;
(3) determining the necessity of establishing a uniform replacement
allowance for officers of the Armed Forces, based on the replacement
rate estimated pursuant to paragraph (1) and the out-of-pocket costs
determined pursuant to paragraph (2); and
(4) determining the adequacy of the uniform allowance for enlisted
members of the Armed Forces.
(b) Report.--Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report on the expected useful life of required uniform items for
members of the Armed Forces, projected changes to such required uniform items,
and related costs anticipated by the Secretary (disaggregated by Armed Force).
Such report shall include--
(1) pricing information for each such item, including items that are
not considered uniquely military; and
(2) an assessment of the necessity of establishing a uniform
replacement allowance for officers of the Armed Forces, as determined
pursuant to subsection (a)(3).
SEC. 391. IMPLEMENTATION OF RECOMMENDATIONS RELATING TO ANIMAL FACILITY
SANITATION AND PLAN FOR HOUSING AND CARE OF HORSES.
(a) Implementation by Secretary of the Army of Certain Recommendations
Relating to Animal Facility Sanitation.--Not later than March 1, 2023, the
Secretary of the Army shall implement the recommendations contained in the
memorandum of the Department of the Army dated February 25, 2022, the subject of
which is ``Animal Facility Sanitation Inspection Findings for the Fort Myer
Caisson Barns/Paddocks and the Fort Belvoir Caisson Pasture Facility'' (MHCB-
RN).
(b) Plan for Housing and Care of All Horses Within Care of Old Guard.--
(1) In general.--Not later than March 1, 2023, the Secretary of the
Army shall submit to Congress a plan for the housing and care of all
horses within the care of the 3rd United States Infantry (commonly known
as the ``Old Guard'').
(2) Elements.--The plan required by paragraph (1) shall include--
(A) a description of each modification planned or underway
at the Fort Myer Caisson Barns/Paddocks, the Fort Belvoir
Caisson Pasture Facility, and any other facility or location
under consideration for stabling of the horses described in
paragraph (1);
(B) an identification of adequate space at Fort Myer,
Virginia, to properly care for the horses described in paragraph
(1);
(C) a prioritization of the allotment of the space
identified under subparagraph (B) over other functions of Fort
Myer that could be placed elsewhere;
(D) projected timelines and resource requirements to execute
the plan; and
(E) a description of--
(i) immediate remedies for the unsanitary and unsafe
conditions present at the locations described in
subparagraph (A); and
(ii) how long-term quality of life improvements will
be provided for the horses described in paragraph (1).
SEC. 392. CONTINUED DESIGNATION OF SECRETARY OF THE NAVY AS EXECUTIVE AGENT FOR
NAVAL SMALL CRAFT INSTRUCTION AND TECHNICAL TRAINING SCHOOL.
The Secretary of the Navy shall continue, through fiscal year 2023--
(1) to perform the responsibilities of the Department of Defense
executive agent for the Naval Small Craft Instruction and Technical
Training School pursuant to section 352(b) of title 10, United States
Code; and
(2) to provide such support as may be necessary for the continued
operation of such school.
SEC. 393. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF LEGACY MARITIME MINE
COUNTERMEASURES PLATFORMS.
(a) Prohibition.--Except as provided in subsection (b), the Secretary of the
Navy may not obligate or expend funds to discontinue or prepare to discontinue,
including by making a substantive reduction in training and operational
employment, any element of the Marine Mammal Program of the Navy, that has been
used, or is currently being used, for--
(1) port security at Navy bases, known as Mark-6 systems; or
(2) mine search capabilities, known as Mark-7 systems.
(b) Waiver.--The Secretary of the Navy may waive the prohibition under
subsection (a) if the Secretary, with the concurrence of the Director of
Operational Test and Evaluation, certifies in writing to the congressional
defense committees that the Secretary has--
(1) identified a replacement capability and the necessary quantity
of such capability to meet all operational requirements currently being
met by the Marine Mammal Program, including a detailed explanation of
such capability and quantity;
(2) achieved initial operational capability of all capabilities
referred to in paragraph (1), including a detailed explanation of such
achievement; and
(3) deployed a sufficient quantity of capabilities referred to in
paragraph (1) that have achieved initial operational capability to
continue to meet or exceed all operational requirements currently being
met by Marine Mammal Program, including a detailed explanation of such
deployment.
TITLE IV--MILITARY PERSONNEL AUTHORIZATION
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. End strength level matters.
Sec. 403. Additional authority to vary Space Force end strength.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel as of
September 30, 2023, as follows:
(1) The Army, 452,000.
(2) The Navy, 354,000.
(3) The Marine Corps, 177,000.
(4) The Air Force, 325,344.
(5) The Space Force, 8,600.
SEC. 402. END STRENGTH LEVEL MATTERS.
(a) Strength Levels to Support National Defense Strategy.--
(1) Repeal.--Section 691 of title 10, United States Code, is
repealed.
(2) Table of sections.--The table of sections at the beginning of
chapter 39 of such title is amended by striking the item relating to
section 691.
(b) Certain Active-duty and Selected Reserve Strengths.--Section 115 of such
title is amended--
(1) in subsection (f), by striking ``increase'' each place it
appears and inserting ``vary''; and
(2) in subsection (g)--
(A) in paragraph (1), by striking subparagraphs (A) and (B)
and inserting the following new subparagraphs:
``(A) vary the end strength pursuant to subsection (a)(1)(A) for a
fiscal year for the armed force or forces under the jurisdiction of that
Secretary by a number not equal to more than two percent of such
authorized end strength; and
``(B) vary the end strength pursuant to subsection (a)(2) for a
fiscal year for the Selected Reserve of the reserve component of the
armed force or forces under the jurisdiction of that Secretary by a
number equal to not more than one percent of such authorized end
strength.'';
(B) in paragraph (2), by striking ``increase'' each place it
appears and inserting ``variance''; and
(C) by adding at the end the following new paragraph (3):
``(3) The Secretary of the military department concerned shall promptly
notify the congressional defense committees if such Secretary exceeds a variance
under paragraph (1), and at least once every 90 days thereafter for so long as
such end strength is outside such variance. Each such notification shall include
the following:
``(A) Modified projected end strengths for active and reserve
components of the armed force or forces for which such Secretary exceeds
such variance.
``(B) An identification of any budgetary effects projected as a
result of such modified end strength projections.
``(C) An explanation of any effects on readiness resulting from such
modified end strength projections.''.
SEC. 403. ADDITIONAL AUTHORITY TO VARY SPACE FORCE END STRENGTH.
(a) In General.--Notwithstanding section 115(g) of title 10, United States
Code, upon determination by the Secretary of the Air Force that such action
would enhance manning and readiness in essential units or in critical
specialties, the Secretary may vary the end strength authorized by Congress for
each fiscal year as follows:
(1) Increase the end strength authorized pursuant to section
115(a)(1)(A) of such title for a fiscal year for the Space Force by a
number equal to not more than 5 percent of such authorized end strength.
(2) Decrease the end strength authorized pursuant to section
115(a)(1)(A) of such title for a fiscal year for the Space Force by a
number equal to not more than 10 percent of such authorized end
strength.
(b) Termination.--The authority provided under subsection (a) shall
terminate on December 31, 2023.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for Selected
Reserve personnel of the reserve components as of September 30, 2023, as
follows:
(1) The Army National Guard of the United States, 325,000.
(2) The Army Reserve, 177,000.
(3) The Navy Reserve, 57,000.
(4) The Marine Corps Reserve, 33,000.
(5) The Air National Guard of the United States, 108,400.
(6) The Air Force Reserve, 70,000.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed by subsection (a)
for the Selected Reserve of any reserve component shall be proportionately
reduced by--
(1) the total authorized strength of units organized to serve as
units of the Selected Reserve of such component which are on active duty
(other than for training) at the end of the fiscal year; and
(2) the total number of individual members not in units organized to
serve as units of the Selected Reserve of such component who are on
active duty (other than for training or for unsatisfactory participation
in training) without their consent at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members of the
Selected Reserve for any reserve component are released from active duty during
any fiscal year, the end strength prescribed for such fiscal year for the
Selected Reserve of such reserve component shall be increased proportionately by
the total authorized strengths of such units and by the total number of such
individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30, 2023, the
following number of Reserves to be serving on full-time active duty or full-time
duty, in the case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or training the reserve
components:
(1) The Army National Guard of the United States, 30,845.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,077.
(4) The Marine Corps Reserve, 2,388.
(5) The Air National Guard of the United States, 25,333.
(6) The Air Force Reserve, 6,003.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
(a) In General.--The minimum number of military technicians (dual status) as
of the last day of fiscal year 2023 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States Code)
shall be the following:
(1) For the Army National Guard of the United States, 22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United States, 10,994.
(4) For the Air Force Reserve, 7,111.
(b) Limitation on Number of Temporary Military Technicians (dual Status).--
The number of temporary military technicians (dual-status) employed under the
authority of subsection (a) may not exceed 25 percent of the total authorized
number specified in such subsection.
(c) Limitation.--Under no circumstances may a military technician (dual
status) employed under the authority of this section be coerced by a State into
accepting an offer of realignment or conversion to any other military status,
including as a member of the Active, Guard, and Reserve program of a reserve
component. If a military technician (dual status) declines to participate in
such realignment or conversion, no further action will be taken against the
individual or the individual's position.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY
FOR OPERATIONAL SUPPORT.
During fiscal year 2023, the maximum number of members of the reserve
components of the Armed Forces who may be serving at any time on full-time
operational support duty under section 115(b) of title 10, United States Code,
is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby authorized to be
appropriated for fiscal year 2023 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for expenses, not otherwise
provided for, for military personnel, as specified in the funding table in
section 4401.
(b) Construction of Authorization.--The authorization of appropriations in
subsection (a) supersedes any other authorization of appropriations (definite or
indefinite) for such purpose for fiscal year 2023.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authorized strengths for Space Force officers on active duty
in grades of major, lieutenant colonel, and
colonel.
Sec. 502. Distribution of commissioned officers on active duty in
general officer and flag officer grades.
Sec. 503. Redistribution of Naval officers serving on active duty in
the grades of O-8 and O-9.
Sec. 504. Authorized strength after December 31, 2022: general officers
and flag officers on active duty.
Sec. 505. Extension of grade retention for certain officers awaiting
retirement.
Sec. 506. Exclusion of officers serving as lead special trial counsel
from limitations on authorized strengths
for general and flag officers.
Sec. 507. Constructive service credit for certain officers of the Armed
Forces.
Sec. 508. Improvements to the selection of warrant officers in the
military departments for promotion.
Sec. 509. Advice and consent requirement for waivers of mandatory
retirement for Superintendents of military
service academies.
Sec. 509A. Modification of reports on Air Force personnel performing
duties of a Nuclear and Missile Operations
Officer (13N).
Sec. 509B. Assessments of staffing in the Office of the Secretary of
Defense and other Department of Defense
headquarters offices.
Sec. 509C. GAO review of certain officer performance evaluations.
Sec. 509D. Study of chaplains.
Subtitle B--Reserve Component Management
Sec. 511. Inclusion of additional information on the Senior Reserve
Officers' Training Corps in reports
accompanying the national defense strategy.
Sec. 512. Expansion of eligibility to serve as an instructor in the
Junior Reserve Officers' Training Corps.
Sec. 513. Backdating of effective date of rank for reserve officers in
the National Guard due to undue delays in
Federal recognition.
Sec. 514. Inspections of the National Guard.
Sec. 515. Authority to waive requirement that performance of Active
Guard and Reserve duty at the request of a
Governor may not interfere with certain
duties.
Sec. 516. Continued National Guard support for FireGuard program.
Sec. 517. Enhancement of National Guard Youth Challenge Program.
Sec. 518. Notice to Congress before certain actions regarding units of
certain reserve components.
Sec. 519. Independent study on Federal recognition of National Guard
officers.
Sec. 519A. Review and update of report on geographic dispersion of
Junior Reserve Officers' Training Corps.
Sec. 519B. Briefing on duties of the Army Interagency Training and
Education Center.
Subtitle C--General Service Authorities and Military Records
Sec. 521. Consideration of adverse information by special selection
review boards.
Sec. 522. Expansion of eligibility for direct acceptance of gifts by
members of the Armed Forces and Department
of Defense and Coast Guard employees and
their families.
Sec. 523. Limitation of extension of period of active duty for a member
who accepts a fellowship, scholarship, or
grant.
Sec. 524. Expansion of mandatory characterizations of administrative
discharges of certain members on the basis
of failure to receive COVID-19 vaccine.
Sec. 525. Rescission of COVID-19 vaccination mandate.
Sec. 526. Temporary exemption from end strength grade restrictions for
the Space Force.
Sec. 527. Notification to next of kin upon the death of a member of the
Armed Forces: study; update; training;
report.
Sec. 528. Gender-neutral fitness physical readiness standards for
military occupational specialties of the
Army.
Sec. 529. Recurring report regarding COVID-19 mandate.
Sec. 530. Sense of Congress regarding women involuntarily separated
from the Armed Forces due to pregnancy or
parenthood.
Subtitle D--Recruitment and Retention
Sec. 531. Treatment of personally identifiable information regarding
prospective recruits.
Sec. 532. Revival and extension of temporary authority for targeted
recruitment incentives.
Sec. 533. Report on recruiting efforts of certain Armed Forces.
Sec. 534. Review of marketing and recruiting of the Department of
Defense.
Sec. 535. Report on Department of Defense recruitment advertising to
racial and ethnic minority communities.
Sec. 536. Improving oversight of military recruitment practices in
public secondary schools.
Sec. 537. Best practices for the retention of certain female members of
the Armed Forces.
Sec. 538. Review of certain personnel policies of special operations
forces.
Sec. 539. Support for members who perform duties regarding remotely
piloted aircraft: study; report.
Sec. 539A. Retention and recruitment of members of the Army who
specialize in air and missile defense
systems.
Subtitle E--Military Justice and Other Legal Matters
Sec. 541. Matters in connection with special trial counsel.
Sec. 542. Technical corrections relating to special trial counsel.
Sec. 543. Randomization of court-martial panels.
Sec. 544. Jurisdiction of Courts of Criminal Appeals.
Sec. 545. Special trial counsel of the Department of the Air Force.
Sec. 546. Independent investigation of sexual harassment.
Sec. 547. Primary prevention research agenda and workforce.
Sec. 548. Limitation on availability of funds for relocation of Army
CID special agent training course.
Sec. 549. Review of titling and indexing practices of the Army and
certain other organizations.
Sec. 549A. Briefing and report on resourcing required for
implementation of military justice reform.
Sec. 549B. Report on sharing information with counsel for victims of
offenses under the Uniform Code of Military
Justice.
Sec. 549C. Dissemination of civilian legal services information.
Subtitle F--Member Education
Sec. 551. Authorization of certain support for military service academy
foundations.
Sec. 552. Individuals from the District of Columbia who may be
considered for appointment to military
service academies.
Sec. 553. Agreement by a cadet or midshipman to play professional sport
constitutes a breach of agreement to serve
as an officer.
Sec. 554. Naval Postgraduate School and United States Air Force
Institute of Technology: terms of Provosts
and Chief Academic Officers.
Sec. 555. Naval Postgraduate School: attendance by enlisted members.
Sec. 556. Modification of annual report on demographics of military
service academy applicants.
Sec. 557. Study and report on professional military education.
Sec. 558. Report on treatment of China in curricula of professional
military education.
Subtitle G--Member Training and Transition
Sec. 561. Codification of Skillbridge program.
Sec. 562. Pilot program on remote personnel processing in the Army.
Sec. 563. Annual report on members separating from active duty who file
claims for disability benefits.
Sec. 564. Female members of certain Armed Forces and civilian employees
of the Department of Defense in STEM.
Subtitle H--Military Family Readiness and Dependents' Education
Sec. 571. Clarification and expansion of authorization of support for
chaplain-led programs for members of the
Armed Forces.
Sec. 572. Pilot program to expand eligibility for enrollment at
domestic dependent elementary and secondary
schools: extension; report.
Sec. 573. Commercial air waiver for next of kin regarding
transportation of remains of casualties.
Sec. 574. Certain assistance to local educational agencies that benefit
dependents of military and civilian
personnel.
Sec. 575. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces
with enrollment changes due to base
closures, force structure changes, or force
relocations.
Sec. 576. Pilot program on hiring of special needs inclusion
coordinators for Department of Defense
child development centers.
Sec. 577. Promotion of certain child care assistance.
Sec. 578. Industry roundtable on military spouse hiring.
Sec. 579. Recommendations for the improvement of the Military
Interstate Children's Compact.
Sec. 579A. Feasibility of inclusion of au pairs in pilot program to
provide financial assistance to members of
the Armed Forces for in-home child care.
Sec. 579B. Briefing on policies regarding single parents serving as
members of the Armed Forces.
Sec. 579C. Public reporting on certain military child care programs.
Sec. 579D. Briefing on verification of eligible federally connected
children for purposes of Federal impact aid
programs.
Sec. 579E. Sense of Congress on rights of parents of children attending
schools operated by the Department of
Defense Education Activity.
Subtitle I--Decorations, Awards, and Other Honors
Sec. 581. Clarification of procedure for boards for the correction of
military records to review determinations
regarding certain decorations.
Sec. 582. Authorizations for certain awards.
Sec. 583. Posthumous appointment of Ulysses S. Grant to grade of
General of the Armies of the United States.
Sec. 584. Enhanced information related to awarding of the Purple Heart.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Report on non-citizen members of the Armed Forces.
Sec. 592. Notification on manning of afloat naval forces:
modifications; codification.
Sec. 593. Clarification of authority of NCMAF to update Chaplains Hill
at Arlington National Cemetery.
Sec. 594. Disinterment of remains of Andrew Chabrol from Arlington
National Cemetery.
Sec. 595. Pilot program on safe storage of personally owned firearms.
Sec. 596. Pilot program on car sharing on remote or isolated military
installations.
Sec. 597. Briefing on the effects of economic inflation on members of
the Armed Forces.
Sec. 598. Study on improvement of access to voting for members of the
Armed Forces overseas.
Sec. 599. Report on incidence of military suicides by military job
code.
Sec. 599A. Report on efforts to prevent and respond to deaths by
suicide in the Navy.
Sec. 599B. Report on officer personnel management and the development
of the professional military ethic of the
Space Force.
Subtitle A--Officer Personnel Policy
SEC. 501. AUTHORIZED STRENGTHS FOR SPACE FORCE OFFICERS ON ACTIVE DUTY IN GRADES
OF MAJOR, LIEUTENANT COLONEL, AND COLONEL.
The table in subsection (a)(1) of section 523 of title 10, United States
Code, is amended by inserting after the items relating to the Marine Corps new
items relating to the total number of commissioned officers (excluding officers
in categories specified in subsection (b) of such section) serving on active
duty in the Space Force in the grades of major, lieutenant colonel, and colonel,
respectively, as follows:
``3,900 1,016 782 234
4,300 1,135 873 262
5,000 1,259 845 315
7,000 1,659 1,045 415
10,000 2,259 1,345 565''.
SEC. 502. DISTRIBUTION OF COMMISSIONED OFFICERS ON ACTIVE DUTY IN GENERAL
OFFICER AND FLAG OFFICER GRADES.
Section 525 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking ``as
follows:'' and inserting an em dash;
(B) in paragraph (4)(C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) in the Space Force, if that appointment would result in more
than--
``(A) 2 officers in the grade of general;
``(B) 7 officers in a grade above the grade of major
general; or
``(C) 6 officers in the grade of major general.'';'';
(2) in subsection (c)--
(A) in paragraph (1)(A), by striking ``and Marine Corps''
and inserting ``Marine Corps, and Space Force''; and
(B) in paragraph (2), by striking ``or Marine Corps'' and
inserting ``Marine Corps, or Space Force''; and
(3) in subsection (d), by striking ``or Commandant of the Marine
Corps'' and inserting ``Commandant of the Marine Corps, or Chief of
Space Operations''.
SEC. 503. REDISTRIBUTION OF NAVAL OFFICERS SERVING ON ACTIVE DUTY IN THE GRADES
OF O-8 AND O-9.
Subsection (a)(3) of section 525 of title 10, United States Code, as amended
by section 502, is amended--
(1) in subparagraph (B), by striking ``33'' and inserting ``34'';
and
(2) in subparagraph (C), by striking ``50'' and inserting ``49''.
SEC. 504. AUTHORIZED STRENGTH AFTER DECEMBER 31, 2022: GENERAL OFFICERS AND FLAG
OFFICERS ON ACTIVE DUTY.
Section 526a of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking ``and
Marine Corps'' and inserting ``Marine Corps, and Space Force'';
(B) in paragraph (1), by striking ``220'' and inserting
``218'';
(C) in paragraph (2), by striking ``151'' and inserting
``149'';
(D) in paragraph (3), by striking ``187'' and inserting
``170''; and
(E) by adding at the end the following new paragraph:
``(5) For the Space Force, 21.''; and
(2) in subsection (b)(2), by adding at the end the following new
subparagraph:
``(E) For the Space Force, 6.''.
SEC. 505. EXTENSION OF GRADE RETENTION FOR CERTAIN OFFICERS AWAITING RETIREMENT.
Section 601(b)(5) of title 10, United States Code, is amended by striking
``retirement, but not for more than 60 days.'' and inserting the following:
``retirement, but--
``(A) subject to subparagraph (B), not for more than 60
days; and
``(B) with respect to an officer awaiting retirement
following not less than one year of consecutive deployment
outside of the United States to a combat zone (as defined in
section 112(c) of the Internal Revenue Code of 1986) or in
support of a contingency operation, not for more than 90
days.''.
SEC. 506. EXCLUSION OF OFFICERS SERVING AS LEAD SPECIAL TRIAL COUNSEL FROM
LIMITATIONS ON AUTHORIZED STRENGTHS FOR GENERAL AND FLAG OFFICERS.
During the two-year period beginning on the date of the enactment of this
Act, the limitations in section 526a(a) of title 10, United States Code, as
amended by section 504, shall not apply to a general or flag officer serving in
the position of lead special trial counsel pursuant to an appointment under
section 1044f(a)(2) of such title.
SEC. 507. CONSTRUCTIVE SERVICE CREDIT FOR CERTAIN OFFICERS OF THE ARMED FORCES.
(a) Constructive Service Credit for Warrant Officers.--Section 572 of title
10, United States Code, is amended--
(1) by inserting ``(a)'' before ``For the purposes''; and
(2) by adding at the end the following new subsection:
``(b) The Secretary concerned shall credit a person who is receiving an
original appointment as a warrant officer in the regular component of an armed
force under the jurisdiction of such Secretary concerned, and who has advanced
education or training or special experience, with constructive service for such
education, training, or experience, as follows:
``(1) For special training or experience in a particular warrant
officer field designated by the Secretary concerned, if such training or
experience is directly related to the operational needs of the armed
force concerned, as determined by such Secretary concerned.
``(2) For advanced education in a warrant officer field designated
by the Secretary concerned, if such education is directly related to the
operational needs of the armed force concerned, as determined by such
Secretary concerned.''.
(b) Report.--Not later than February 1, 2027, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report on the amendments made by subsection (a). Such report
shall include--
(1) the evaluation of such amendments by the Secretary;
(2) the estimate of the Secretary regarding how many individuals are
eligible for credit under subsection (b) of such section, as added by
subsection (a); and
(3) the determination of the Secretary whether existing special pay
for such members is adequate.
SEC. 508. IMPROVEMENTS TO THE SELECTION OF WARRANT OFFICERS IN THE MILITARY
DEPARTMENTS FOR PROMOTION.
(a) Promotion by Selection Boards: Recommendation; Exclusion From
Consideration.--Section 575 of title 10, United States Code, is amended by
adding at the end the following new subsections:
``(e)(1) In selecting the warrant officers to be recommended for promotion,
a selection board shall, when authorized by the Secretary concerned, recommend
warrant officers of particular merit, pursuant to guidelines and procedures
prescribed by the Secretary concerned, from among those warrant officers
selected for promotion, to be placed higher on the promotion list contained in
the report of such board under section 576(c) of this title.
``(2) A selection board may recommend that a warrant officer be placed
higher on a promotion list under paragraph (1) only if the warrant officer
receives the recommendation of at least a majority of the members of the board,
unless the Secretary concerned establishes an alternative requirement. Any such
alternate requirement shall be furnished to the board as part of the guidelines
furnished to the board under section 576 of this title.
``(3) For the warrant officers recommended to be placed higher on a
promotion list under paragraph (1), the board shall recommend the order in which
those warrant officers should be placed on the list.
``(f)(1) Upon the request of a warrant officer, the Secretary concerned may
exclude the warrant officer from consideration for promotion under this section.
``(2) The Secretary concerned may approve a request of a warrant officer
under paragraph (1) only if--
``(A) the basis for the request is to allow the officer to
complete--
``(i) an assignment in support of career progression;
``(ii) advanced education;
``(iii) an assignment such Secretary determines is of
significant value to the Armed Force concerned; or
``(iv) a career progression requirement delayed by an
assignment or education;
``(B) such Secretary determines that such exclusion from
consideration is in the best interest of the Armed Force concerned; and
``(C) the officer has not previously failed of selection for
promotion to the grade for which the officer requests exclusion from
consideration.''.
(b) Priority for Promotion of Warrant Officers in Report of Selection
Board.--Subsection (c) of section 576 of such title is amended to read as
follows:
``(c) The names of warrant officers selected for promotion under this
section shall be arranged in the report of such board in the following order of
priority:
``(1) Warrant officers recommended under section 575(e) of this
title to be placed higher on the promotion list, in the order in which
the board determines.
``(2) Warrant officers otherwise recommended for promotion, in the
order of seniority on the warrant officer active-duty list.''.
(c) Promotions: How Made; Effective Date.--Section 578(a) of such title is
amended by striking ``of the seniority of such officers on the warrant officer
active-duty list'' and inserting ``set forth in section 576(c) of this title''.
SEC. 509. ADVICE AND CONSENT REQUIREMENT FOR WAIVERS OF MANDATORY RETIREMENT FOR
SUPERINTENDENTS OF MILITARY SERVICE ACADEMIES.
(a) United States Military Academy.--Section 7321(b) of title 10, United
States Code, is amended by adding at the end the following: ``In the event a
waiver under this subsection is granted, the subsequent nomination and
appointment of such officer having served as Superintendent of the Academy to a
further assignment in lieu of retirement shall be subject to the advice and
consent of the Senate.''.
(b) United States Naval Academy.--Section 8371(b) of title 10, United States
Code, is amended by adding at the end the following: ``In the event a waiver
under this subsection is granted, the subsequent nomination and appointment of
such officer having served as Superintendent of the Academy to a further
assignment in lieu of retirement shall be subject to the advice and consent of
the Senate.''.
(c) United States Air Force Academy.--Section 9321(b) of title 10, United
States Code, is amended by adding at the end the following: ``In the event a
waiver under this subsection is granted, the subsequent nomination and
appointment of such officer having served as Superintendent of the Academy to a
further assignment in lieu of retirement shall be subject to the advice and
consent of the Senate.''.
SEC. 509A. MODIFICATION OF REPORTS ON AIR FORCE PERSONNEL PERFORMING DUTIES OF A
NUCLEAR AND MISSILE OPERATIONS OFFICER (13N).
Section 506(b) of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 135 Stat. 1682) is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following new paragraph
(8):
``(8) A staffing plan for managing personnel in the 13N career field
as the Air Force transitions from the Minuteman III weapon system to the
Sentinel weapon system.''.
SEC. 509B. ASSESSMENTS OF STAFFING IN THE OFFICE OF THE SECRETARY OF DEFENSE AND
OTHER DEPARTMENT OF DEFENSE HEADQUARTERS OFFICES.
(a) Office of the Secretary of Defense.--The Secretary of Defense shall
conduct an assessment of staffing of the Office of the Secretary of Defense.
Such assessment shall including the following elements:
(1) A validation of every military staff billet assigned to the
Office of the Secretary of Defense against existing military personnel
requirements.
(2) The estimated effect of returning 15 percent of such military
staff billets to operational activities of the Armed Forces concerned,
over a period of 36 months, would have on the office of the Secretary of
Defense and other Department of Defense Headquarters Offices.
(3) A plan and milestones for how reductions described in paragraph
(2) would occur, a schedule for such reductions, and the process by
which the billets would be returned to the operational activities of the
Armed Forces concerned.
(b) Office of the Joint Chiefs of Staff.--The Chairman of the Joint Chiefs
of Staff shall conduct an assessment of staffing of the Office of the Joint
Chiefs of Staff. Such assessment shall including the following elements:
(1) A validation of every military staff billet assigned to the
Office of the Joint Chiefs of Staff against existing military personnel
requirements.
(2) The estimated effect of returning 15 percent of such military
staff billets to operational activities of the Armed Forces concerned,
over a period of 36 months, would have on the office of the Joint Staff
and the Chairman's Controlled Activities and other related Joint Staff
Headquarters Offices.
(3) A plan and milestones for how reductions described in paragraph
(2) would occur, a schedule for such reductions, and the process by
which the billets would be returned to the operational activities of the
Armed Forces concerned.
(c) Interim Briefing and Report.--
(1) Interim briefing.--Not later than April 1, 2023, the Secretary
shall provide to the Committees on Armed Services of the Senate and
House of Representatives an interim briefing on the assessments under
subsections (a) and (b).
(2) Final report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report on
the assessments under subsections (a) and (b). Such report shall include
the following:
(A) A validation of every military staff billet assigned to
the Office of the Secretary of Defense and the Joint Staff to
include the Chairman's Controlled Activities against existing
military personnel requirements.
(B) The methodology and process through which such
validation was performed.
(C) Relevant statistical analysis on military billet fill
rates against validated requirements.
(D) An analysis of unvalidated military billets currently
performing staff support functions,
(E) The rationale for why unvalidated military billets may
be required.
(F) The cost of military staff filling both validated and
unvalidated billets.
(G) Lessons learned through the military billet validation
process and statistical analysis under subparagraphs (B) through
(F).
(H) Any other matters the Secretary determines relevant to
understanding the use of military staff billets described in
subsections (a) and (b).
(I) Any legislative, policy or budgetary recommendations of
the Secretary related to the subject matter of the report.
SEC. 509C. GAO REVIEW OF CERTAIN OFFICER PERFORMANCE EVALUATIONS.
(a) Review Required.--Not later than one year after the enactment of this
Act, the Comptroller General of the United States shall review the officer
performance reports of each Armed Force under the jurisdiction of a Secretary of
a military department in order to--
(1) study the fitness report systems used for the performance
evaluation of officers; and
(2) provide to the Secretary of Defense and the Secretaries of the
military departments recommendations regarding how to improve such
systems.
(b) Elements.--The review required under subsection (a) shall include the
following:
(1) An analysis of the effectiveness of the fitness report systems
at evaluating and documenting the performance of officers.
(2) A comparison of the fitness report systems for officers of each
Armed Force described in subsection (a) with best practices for
performance evaluations used by public- and private-sector
organizations.
(3) An analysis of the value of fitness reports in providing useful
information to officer promotion boards.
(4) An analysis of the value of fitness reports in providing useful
feedback to officers being evaluated.
(5) Recommendations to improve the fitness report systems to--
(A) increase its effectiveness at accurately evaluating and
documenting the performance of officers;
(B) provide more useful information to officer promotion
boards; and
(C) provide more useful feedback regarding evaluated
officers.
(c) Access to Data and Records.--The Secretaries of the military departments
shall provide to the Comptroller General sufficient resources and access to
technical data, individuals, organizations, and records that the Comptroller
General requires to complete the review under this section.
(d) Submission to Secretaries.--Upon completing the review under subsection
(a), the Comptroller General shall submit to the Secretary of Defense and the
Secretaries of the military departments a report on the results of the review.
(e) Submission to Congress.--Not later than 30 days after the date on which
the Secretary of Defense and the Secretaries of the military departments receive
the report under subsection (d), the Secretary of Defense shall submit to the
congressional defense committees--
(1) an unaltered copy of such report; and
(2) any comments of the Secretary regarding such report.
SEC. 509D. STUDY OF CHAPLAINS.
(a) Study Required.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense, in consultation with the Secretaries of
the military departments, shall submit to the Committees on Armed Services of
the Senate and House of Representatives a study of the roles and
responsibilities of chaplains.
(b) Elements.--The study under subsection (a) shall include the following:
(1) The resources (including funding, administrative support, and
personnel) available to support religious programs.
(2) Inclusion of chaplains in resiliency, suicide prevention,
wellness, and other related programs.
(3) The role of chaplains in embedded units, headquarters
activities. and military treatment facilities.
(4) Recruitment and retention of chaplains.
(5) An analysis of the number of hours chaplains spend in roles
including pastoral care, religious services, counseling, and
administration.
(6) The results of any surveys that have assessed the roles,
responsibilities and satisfaction of chaplains.
(7) A review of the personnel requirements for chaplains during
fiscal years 2013 through 2022.
(8) Challenges to the abilities of chaplains to offer ministry
services.
Subtitle B--Reserve Component Management
SEC. 511. INCLUSION OF ADDITIONAL INFORMATION ON THE SENIOR RESERVE OFFICERS'
TRAINING CORPS IN REPORTS ACCOMPANYING THE NATIONAL DEFENSE
STRATEGY.
Section 113(m) of title 10, United States Code, is amended--
(1) by redesignating the second paragraph (8) as paragraph (11);
(2) by redesignating the first paragraph (8), as paragraph (10);
(3) by redesignating paragraphs (5), (6), and (7) paragraphs (7),
(8), and (9), respectively; and
(4) by inserting after paragraph (4) the following new paragraphs:
``(5) The number of Senior Reserve Officers' Training Corps
scholarships awarded during the fiscal year covered by the report,
disaggregated by gender, race, and ethnicity, for each military
department.
``(6) The program completion rates and program withdrawal rates of
Senior Reserve Officers' Training Corps scholarship recipients during
the fiscal year covered by the report, disaggregated by gender, race,
and ethnicity, for each military department.''.
SEC. 512. EXPANSION OF ELIGIBILITY TO SERVE AS AN INSTRUCTOR IN THE JUNIOR
RESERVE OFFICERS' TRAINING CORPS.
(a) In General.--Section 2031 of title 10, United States Code, is amended--
(1) by redesignating subsections (f) and (g) as subsections (g) and
(h), respectively; and
(2) by inserting after subsection (e) the following new subsection:
``(f)(1) Instead of, or in addition to, detailing officers and
noncommissioned officers on active duty under subsection (c)(1) or authorizing
the employment of retired officers and noncommissioned officers under subsection
(d) or (e), the Secretary of the military department concerned may authorize
qualified institutions to employ as administrators and instructors in the
program officers or noncommissioned officers who--
``(A)(i) receive honorable discharges--
``(I) after completing at least eight years of service; and
``(II) not longer than five years before applying for such
employment; or
``(ii)(I) are in an active status; and
``(II) who are not yet eligible for retired pay; and
``(B) apply for such employment.
``(2) The Secretary of the military department concerned shall pay to the
institution an amount equal to one-half of the amount to be paid to an
instructor pursuant to the JROTC Instructor Pay Scale for any period.
``(3) Notwithstanding the limitation in paragraph (2), the Secretary of the
military department concerned may pay to the institution more than one-half of
the amount paid to the member by the institution if, as determined by such
Secretary--
``(A) the institution is in an educationally and economically
deprived area; and
``(B) such action is in the national interest.
``(4) Payments under this subsection shall be made from funds appropriated
for that purpose.
``(5) The Secretary of the military department concerned may require an
officer or noncommissioned officer employed under this subsection to transfer to
the Individual Ready Reserve as a condition of such employment.''.
(b) Briefing.--Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a briefing regarding--
(1) the number of instructors employed pursuant to the amendment
made by subsection (a); and
(2) costs to the Federal Government arising from such employment.
SEC. 513. BACKDATING OF EFFECTIVE DATE OF RANK FOR RESERVE OFFICERS IN THE
NATIONAL GUARD DUE TO UNDUE DELAYS IN FEDERAL RECOGNITION.
Paragraph (2) of section 14308(f) of title 10, United States Code, is
amended to read as follows:
``(2) If there is a delay in extending Federal recognition in the next
higher grade in the Army National Guard or the Air National Guard to a reserve
commissioned officer of the Army or the Air Force that exceeds 100 days from the
date the National Guard Bureau deems such officer's application for Federal
recognition to be completely submitted by the State and ready for review at the
National Guard Bureau, and the delay was not attributable to the action or
inaction of such officer--
``(A) in the event of State promotion with an effective date before
January 1, 2024, the effective date of the promotion concerned under
paragraph (1) may be adjusted to a date determined by the Secretary
concerned, but not earlier than the effective date of the State
promotion; and
``(B) in the event of State promotion with an effective date on or
after January 1, 2024, the effective date of the promotion concerned
under paragraph (1) shall be adjusted by the Secretary concerned to the
later of--
``(i) the date the National Guard Bureau deems such
officer's application for Federal recognition to be completely
submitted by the State and ready for review at the National
Guard Bureau; and
``(ii) the date on which the officer occupies a billet in
the next higher grade.''.
SEC. 514. INSPECTIONS OF THE NATIONAL GUARD.
(a) Element.--Subsection (a) of section 105 of title 32, United States Code,
is amended--
(1) in paragraph (6), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(8) the units and members of the Army National Guard or Air
National Guard comply with Federal law and policy applicable to the
National Guard, including policies issued by the Secretary of Defense,
the Secretary of the military department concerned, or the Chief of the
National Guard Bureau.''.
(b) Report.--Not later than six months after the date of the enactment of
this Act, the Secretary of the Army and the Secretary of the Air Force shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report on the implementation of paragraph (8) of such
subsection, as added by subsection (a). Such report shall include the following:
(1) The number of inspections conducted that included determinations
under such paragraph.
(2) With regard to each such inspection--
(A) the date;
(B) the unit of the Army National Guard or the Air National
Guard inspected;
(C) the officer who conducted such inspection; and
(D) the determination of the officer whether the unit was in
compliance with Federal law and policy applicable to the
National Guard.
SEC. 515. AUTHORITY TO WAIVE REQUIREMENT THAT PERFORMANCE OF ACTIVE GUARD AND
RESERVE DUTY AT THE REQUEST OF A GOVERNOR MAY NOT INTERFERE WITH
CERTAIN DUTIES.
(a) In General.--Section 328(b) of title 32, United States Code, is amended
by adding at the end the following new subsection:
``(c) Waiver Authority.--(1) Notwithstanding section 101(d)(6)(A) of title
10 and subsection (b) of this section, the Governor of a State or the
Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding
general of the District of Columbia National Guard, as the case may be, may, at
the request of the Secretary concerned, order a member of the National Guard to
perform Active Guard and Reserve duty for purposes of performing training of the
regular components of the armed forces as the primary duty.
``(2) Training performed under paragraph (1) must be in compliance with the
requirements of section 502(f)(2)(B)(i) of this title.
``(3) No more than 100 personnel may be granted a waiver by a Secretary
concerned under paragraph (1) at a time.
``(4) The authority under paragraph (1) shall terminate on October 1,
2024.''.
(b) Briefing on Performance of Training as Primary Duty.--Not later than
March 1, 2023, the Secretary of the Army and the Secretary of the Air Force
shall each submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a briefing
describing how many members of the National Guard are performing Active Guard
and Reserve duty for purposes of performing training of the regular components
of the Armed Forces as primary duty.
(c) Briefing on End Strength Requirements.--Not later than October 1, 2024,
the Secretary of the Army and the Secretary of the Air Force shall each submit
to the Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a briefing outlining the end strength
requirement going forward for Active Guard and Reserve forces of the National
Guard impacted by subsection (c) of section 328(b) of title 32, United States
Code, as added by subsection (a) of this section.
SEC. 516. CONTINUED NATIONAL GUARD SUPPORT FOR FIREGUARD PROGRAM.
Section 515 of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81), is amended--
(1) by inserting ``(a) in general.--'' before ``Until'';
(2) by striking ``September 30, 2026'' and inserting ``September 30,
2029'';
(3) by striking ``support'' and inserting ``carry out'';
(4) by striking ``personnel of the California National Guard'' and
inserting ``National Guard personnel (including from the Colorado
National Guard and the California National Guard)''; and
(5) by adding at the end the following:
``(b) Transfer.--Until the date specified in subsection (a), no component
(including any analytical responsibility) of the FireGuard program may be
transferred from the Department of Defense to another entity. If the Secretary
seeks to make such a transfer, the Secretary shall, at least three years before
such transfer, provide to the appropriate congressional committees a written
report and briefing that detail--
``(1) plans of the Secretary for such transfer; and
``(2) how such transfer will sustain and improve detection and
monitoring of wildfires.
``(c) Appropriate Congressional Committees Defined.--In this section, the
term `appropriate congressional committees' means the following:
``(1) The Committee on Armed Services of the Senate.
``(2) The Committee on Armed Services of the House of
Representatives.
``(3) The Select Committee on Intelligence of the Senate.
``(4) The Permanent Select Committee on Intelligence of the House of
Representatives.''.
SEC. 517. ENHANCEMENT OF NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
Section 516 of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81) is amended, in subsection (a), by striking ``fiscal year
2022'' and inserting ``fiscal years 2022 and 2023''.
SEC. 518. NOTICE TO CONGRESS BEFORE CERTAIN ACTIONS REGARDING UNITS OF CERTAIN
RESERVE COMPONENTS.
(a) Notice Required; Elements.--The Secretary of a military department may
not take any covered action regarding a covered unit until the day that is 60
days after the Secretary of a military department submits to Congress notice of
such covered action. Such notice shall include the following elements:
(1) An analysis of how the covered action would improve readiness.
(2) A description of how the covered action would align with the
National Defense Strategy and the supporting strategies of each military
departments.
(3) A description of any proposed organizational change associated
with the covered action and how the covered action will affect the
relationship of administrative, operational, or tactical control
responsibilities of the covered unit.
(4) The projected cost and any projected long-term cost savings of
the covered action.
(5) A detailed description of any requirements for new
infrastructure or relocation of equipment and assets necessary for the
covered action.
(6) A description of how the covered activity will affect the
ability of the covered Armed Force to accomplish its current mission.
(b) Applicability.--This section shall apply to any step to perform covered
action regarding a covered unit on or after the date of the enactment of this
Act.
(c) Definitions.--In this section:
(1) The term ``covered action'' means any of the following:
(A) To deactivate.
(B) To reassign.
(C) To move the home station.
(2) The term ``covered Armed Force'' means the following:
(A) The Army.
(B) The Navy.
(C) The Marine Corps.
(D) The Air Force.
(E) The Space Force.
(3) The term ``covered unit'' means a unit of a reserve component of
a covered Armed Force.
SEC. 519. INDEPENDENT STUDY ON FEDERAL RECOGNITION OF NATIONAL GUARD OFFICERS.
(a) Independent Study.--
(1) In general.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter into
a contract with a federally funded research and development center to
conduct a study on the National Guard commissioned officer and warrant
officer promotion system and provide recommendations to the Department
of Defense, the Department of the Air Force, the Department of the Army,
the National Guard Bureau, and individual State National Guard commands.
(2) Elements.--The study referred to in paragraph (1) shall include
a comprehensive review and assessment of the following:
(A) Reasons for delays in processing personnel actions for
Federal recognition of State National Guard member promotions.
(B) The Federal recognition process used to extend Federal
recognition to State promotions.
(C) Best practices among the various State National Guards
for managing their requirements under the existing National
Guard promotion system.
(D) Possible improvements to requirements, policies,
procedures, workflow, or resources to reduce the processing time
for Federal recognition of state promotions.
(E) An assessment of the feasibility of developing or
adopting a commercially available solution for an integrated
enterprise information technology system for managing National
Guard officer and warrant officer promotions that allows
seamless transition for promotions as they move through review
at the National Guard Bureau, the Department of the Army, the
Department of the Air Force, and the Department of Defense.
(F) Possible metrics to evaluate effectiveness of any
recommendations made.
(G) Possible remedies for undue delays in Federal
recognition, including adjustment to the effective date of
promotion beyond current statutory authorities.
(H) Any other matters the federally funded research and
development center determines relevant.
(3) Report.--
(A) In general.--The contract under paragraph (1) shall
require the federally funded research and development center
that conducts the study under the contract to submit to the
Secretary of Defense, the Secretary of the Army, the Secretary
of the Air Force, and the Chief of the National Guard Bureau a
report on the results of the study.
(B) Submission to congress.--Upon receiving the report
required under subparagraph (A), the Secretary of Defense shall
submit an unedited copy of the report results to the
congressional defense committees within 30 days of receiving the
report from the federally funded research and development
corporation.
(b) Reporting Requirement.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, and annually thereafter until the date specified
in paragraph (3), the Secretary of Defense, in consultation with the
Secretary of the Army and the Secretary of the Air Force as appropriate,
shall submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report
detailing the current status of the Federal recognition process for
National Guard promotions.
(2) Elements.--The report required under paragraph (1) shall include
the following elements:
(A) An update on efforts to transition to fully digital
processes in accordance with recommendations made pursuant to
subsection (a).
(B) The average processing time for personnel actions
related to Federal recognition of reserve commissioned officer
promotions in the Army and Air National Guards, respectively,
including the time in days from the date at which the National
Guard Bureau received the promotion until the date at which
Federal recognition was granted.
(C) The average time it took during the previous fiscal year
to extend Federal recognition.
(D) The number of Army and Air National Guard officers who
experienced Federal recognition delays greater than 90 days in
the previous fiscal year.
(E) A summary of any additional resources or authorities
needed to further streamline the Federal recognition processes
to reduce average Federal recognition processing time to 90 days
or fewer.
(F) Any other information that the Secretaries concerned
deem relevant.
(3) Expiration of annual reporting requirement.--The date referred
to in paragraph (1) is such time as the average processing time for
personnel actions described under this subsection is reduced to 90 days
or fewer for each of the Army and Air National Guards.
SEC. 519A. REVIEW AND UPDATE OF REPORT ON GEOGRAPHIC DISPERSION OF JUNIOR
RESERVE OFFICERS' TRAINING CORPS.
(a) Report: Review; Update.--The Secretary of Defense, in consultation with
the Secretaries of the military departments, shall review and update the 2017
report from the RAND Corporation titled ``Geographic and Demographic
Representativeness of Junior Reserve Officer Training Corps'' (Library of
Congress Control Number: 2017950423).
(b) Elements.--The report updated under subsection (a) shall include the
following:
(1) An assessment of whether there is adequate representation in,
and reasonable access to, units of the Junior Reserve Officers' Training
Corps (hereinafter, ``JROTC'') for students in all regions of the of the
United States.
(2) The estimated cost and time to increase the number of units of
JROTC to ensure adequate representation and reasonable access described
in paragraph (1).
(3) Recommendations to increase adequate representation and
reasonable access described in paragraph (1) in areas of the United
States that the Secretary of Defense determines lack such adequate
representation and reasonable access.
(c) Submission.--Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives the report updated under
this section.
SEC. 519B. BRIEFING ON DUTIES OF THE ARMY INTERAGENCY TRAINING AND EDUCATION
CENTER.
Not later than 120 days after the date of the enactment of this Act, the
Secretary of Defense, in consultation with the Assistant Secretary of Defense
for Homeland Defense and Global Security and the Chief of the National Guard
Bureau, shall submit to the Committees on Armed Services of the Senate and House
of Representatives a briefing that includes--
(1) an organizational plan and an estimate of the annual costs
necessary for the Army Interagency Training and Education Center to
carry out duties assigned to it by the Chief of the National Guard
Bureau; and
(2) the staffing requirements needed to adequately staff such
duties.
Subtitle C--General Service Authorities and Military Records
SEC. 521. CONSIDERATION OF ADVERSE INFORMATION BY SPECIAL SELECTION REVIEW
BOARDS.
Section 628a(a)(1) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' before ``If the Secretary concerned''; and
(2) by adding at the end the following new subparagraph:
``(B) Nothing in this section shall be construed to prevent a Secretary
concerned from deferring consideration of adverse information concerning an
officer subject to this section until the next regularly scheduled promotion
board applicable to such officer, in lieu of furnishing such adverse information
to a special selection review board under this section.''.
SEC. 522. EXPANSION OF ELIGIBILITY FOR DIRECT ACCEPTANCE OF GIFTS BY MEMBERS OF
THE ARMED FORCES AND DEPARTMENT OF DEFENSE AND COAST GUARD
EMPLOYEES AND THEIR FAMILIES.
Section 2601a of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``; or'' and inserting a
semicolon;
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following new
paragraph:
``(3) that results in enrollment in a Warriors in Transition
program, as defined in section 738(e) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C.
1071 note); or''; and
(2) in subsection (c), by striking ``paragraph (1), (2) or (3) of''.
SEC. 523. LIMITATION OF EXTENSION OF PERIOD OF ACTIVE DUTY FOR A MEMBER WHO
ACCEPTS A FELLOWSHIP, SCHOLARSHIP, OR GRANT.
(a) Limitation.--Subsection (b) of section 2603 of title 10, United States
Code, is amended by striking ``at least''.
(b) Modernization.--Subsection (a) of such section is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``or his designee'' and inserting ``(or an
individual designated by the President)''; and
(B) by striking ``him'' and inserting ``the member'';
(2) in paragraph (1), by striking ``his field'' and inserting ``the
field of the member'';
(3) in paragraph (3), by striking ``his recognized potential for
future career service'' and inserting ``the recognized potential for
future career service of the member''; and
(4) in the matter following paragraph (3)--
(A) by striking ``his'' both places it appears and inserting
``the member's''; and
(B) by striking ``him'' and inserting ``the member''.
SEC. 524. EXPANSION OF MANDATORY CHARACTERIZATIONS OF ADMINISTRATIVE DISCHARGES
OF CERTAIN MEMBERS ON THE BASIS OF FAILURE TO RECEIVE COVID-19
VACCINE.
Section 736(a) of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 10 U.S.C. 1161 note) is amended--
(1) in the matter preceding paragraph (1), by striking ``During the
period of time beginning on August 24, 2021, and ending on the date that
is two years after the date of the enactment of this Act, any'' and
inserting ``Any'';
(2) in paragraph (1) by striking ``; or'' and inserting a semicolon;
(3) in paragraph (2), by striking the period and inserting ``; or'';
and
(4) by adding at the end the following new paragraph:
``(3) in the case of a covered member receiving an administrative
discharge before completing the first 180 continuous days of active
duty, uncharacterized.''.
SEC. 525. RESCISSION OF COVID-19 VACCINATION MANDATE.
Not later than 30 days after the date of the enactment of this Act, the
Secretary of Defense shall rescind the mandate that members of the Armed Forces
be vaccinated against COVID-19 pursuant to the memorandum dated August 24, 2021,
regarding ``Mandatory Coronavirus Disease 2019 Vaccination of Department of
Defense Service Members''.
SEC. 526. TEMPORARY EXEMPTION FROM END STRENGTH GRADE RESTRICTIONS FOR THE SPACE
FORCE.
Section 517 and section 523 (as amended by section 501 of this Act) of title
10, United States Code, shall not apply to the Space Force until January 1,
2024.
SEC. 527. NOTIFICATION TO NEXT OF KIN UPON THE DEATH OF A MEMBER OF THE ARMED
FORCES: STUDY; UPDATE; TRAINING; REPORT.
(a) Study.--Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall conduct a study on the notification
processes of the next of kin upon the death of a member of the Armed Forces. In
conducting the study, the Secretary shall identify the following elements:
(1) The time it takes for such notification to occur after such
death, recovery of remains, and identification of remains. Such time
shall be determined through an analysis of data regarding cases
involving such notifications.
(2) The effect of media (including social media) and other forms of
communication on such processes.
(3) Means by which the Secretary may improve such processes to
reduce the time described in paragraph (1).
(4) Any legislative recommendations of the Secretary to improve such
processes to reduce the time described in paragraph (1).
(b) Update.--Upon completion of the study under subsection (a), the
Secretary shall review and update training and education materials regarding
such processes, implementing means described in subsection (a)(3).
(c) Operational Training.--The Secretary of the military department
concerned shall include a training exercise, using materials updated (including
lessons learned) under subsection (b), regarding a death described in this
section in each major exercise conducted by such Secretary or the Secretary of
Defense.
(d) Report.--Not later one year after the date of the enactment of this Act,
the Secretary of Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report containing--
(1) the results of the study;
(2) a description of the update under subsection (b); and
(3) lessons learned, as described in subsection (c).
SEC. 528. GENDER-NEUTRAL FITNESS PHYSICAL READINESS STANDARDS FOR MILITARY
OCCUPATIONAL SPECIALTIES OF THE ARMY.
Not later than 180 days after the date of the enactment of this Act, the
Secretary of the Army shall--
(1) establish gender-neutral physical readiness standards that
ensure soldiers can perform the duties of their respective military
occupational specialties; and
(2) provide to the Committees on Armed Services of the Senate and
House of Representatives a briefing describing the methodology used to
determine the standards established under paragraph (1).
SEC. 529. RECURRING REPORT REGARDING COVID-19 MANDATE.
(a) Report Required.--The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives a
recurring report regarding the requirement that a member of the Armed Forces
shall receive a vaccination against COVID-19. Each such report may not contain
any personally identifiable information, and shall contain the following:
(1) With regard to religious exemptions to such requirement--
(A) the number of such exemptions for which members applied;
(B) the number of such religious exemptions denied;
(C) the reasons for such denials;
(D) the number of members denied such a religious exemption
who complied with the requirement; and
(E) the number of members denied such a religious exemption
who did not comply with the requirement who were separated, and
with what characterization.
(2) With regard to medical exemptions to such requirement--
(A) the number of such medical exemptions for which members
applied;
(B) the number of such medical exemptions denied;
(C) the reasons for such denials;
(D) the number of members denied such a medical exemption
who complied with the requirement; and
(E) the number of members denied such a medical exemption
who did not comply with the requirement who were separated, and
with what characterization.
(b) Frequency; Termination.--The Secretary shall submit the first such
report not later than 90 days after the date of the enactment of this Act and
every 90 days thereafter until the first of the following to occur:
(1) The Secretary of Defense lifts such requirement.
(2) The day that is two years after the date of the enactment of
this Act.
SEC. 530. SENSE OF CONGRESS REGARDING WOMEN INVOLUNTARILY SEPARATED FROM THE
ARMED FORCES DUE TO PREGNANCY OR PARENTHOOD.
(a) Findings.--Congress finds the following:
(1) In June 1948, Congress enacted the Women's Armed Services
Integration Act of 1948, which formally authorized the appointment and
enlistment of women in the regular components of the Armed Forces.
(2) With the expansion of the Armed Forces to include women, the
possibility arose for the first time that members of the regular
components of the Armed Forces could become pregnant.
(3) The response to such possibilities and actualities was Executive
Order 10240, signed by President Harry S. Truman in 1951, which granted
the Armed Forces the authority to involuntarily separate or discharge a
woman if she became pregnant, gave birth to a child, or became a parent
by adoption or a stepparent.
(4) The Armed Forces responded to the Executive order by
systematically discharging any woman in the Armed Forces who became
pregnant.
(5) The Armed Forces were required to offer women who were
involuntarily separated or discharged due to pregnancy the opportunity
to request retention in the military.
(6) The Armed Forces may not have provided required separation
benefits, counseling, or assistance to the members of the Armed Forces
who were separated or discharged due to pregnancy.
(7) Thousands of members of the Armed Forces were involuntarily
separated or discharged from the Armed Forces as a result of pregnancy.
(8) Such involuntary separation or discharge from the Armed Forces
on the basis of pregnancy was challenged in Federal district court by
Stephanie Crawford in 1975, whose legal argument stated that this
practice violated her constitutional right to due process of law.
(9) The Court of Appeals for the Second Circuit ruled in Stephanie
Crawford's favor in 1976 and found that Executive Order 10240 and any
regulations relating to the Armed Forces that made separation or
discharge mandatory due to pregnancy were unconstitutional.
(10) By 1976, all regulations that permitted involuntary separation
or discharge of a member of the Armed Forces because of pregnancy or any
form of parenthood were rescinded.
(11) Today, women comprise 17 percent of the Armed Forces, and many
are parents, including 12 percent of whom are single parents.
(12) While military parents face many hardships, today's Armed
Forces provide various lengths of paid family leave for mothers and
fathers, for both birth and adoption of children.
(b) Sense of Congress.--It is the sense of Congress that women who served in
the Armed Forces before February 23, 1976, should not have been involuntarily
separated or discharged due to pregnancy or parenthood.
Subtitle D--Recruitment and Retention
SEC. 531. TREATMENT OF PERSONALLY IDENTIFIABLE INFORMATION REGARDING PROSPECTIVE
RECRUITS.
(a) Treatment of Personally Identifiable Information.--Section 503(a) of
title 10, United States Code, is amended adding at the end the following new
paragraphs:
``(3) PII regarding a prospective recruit collected or compiled
under this subsection shall be kept confidential, and a person who has
had access to such PII may not disclose the information except for
purposes of this section or other purpose authorized by law.
``(4) In the course of conducting a recruiting campaign, the
Secretary concerned shall--
``(A) notify a prospective recruit of data collection
policies of the armed force concerned; and
``(B) permit the prospective recruit to elect not to
participate in such data collection.
``(5) In this subsection, the term `PII' means personally
identifiable information.''.
(b) Pilot Program on Recruiting.--
(1) Authority.--The Secretary of Defense may conduct a pilot program
(such a program shall be referred to as a ``Military Recruiting
Modernization Program'') to evaluate the feasibility and effectiveness
of collecting and using PRI with modern technologies to allow the
Secretary to more effectively and efficiently use recruiting resources.
(2) Treatment of prospective recruit information.--PRI collected
under a pilot program under this subsection--
(A) may be used by the Armed Forces and entities into which
the Secretary has entered into an agreement regarding military
recruitment only for purposes of military recruitment;
(B) shall be kept confidential.
(C) may not be maintained more than three years after
collection; and
(3) Opt-out.--A pilot program under this subsection may allow a
prospective recruit to opt-out of the collection of PRI regarding such
prospective recruit.
(4) Termination.--Any such pilot program shall terminate three years
after implementation.
(5) Interim briefing.--Not later than 90 days after the implementing
a pilot program under this subsection, the Secretary shall provide to
the Committees on Armed Services of the Senate and the House of
Representatives a briefing on the pilot program. Such briefing shall
include the following:
(A) The definition, prescribed by the Secretary, of PRI.
(B) How the Secretary intends to handle privacy concerns
related to the collection of PRI.
(C) Legal concerns over the collection, use, and maintenance
of PRI.
(6) Final report.--Not later than 120 days after the completion of a
pilot program under this subsection, the Under Secretary of Defense for
Personnel and Readiness shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on the pilot
program. Such report shall include the following:
(A) A summary of whether and how the pilot program
modernized recruiting efforts.
(B) A description of any efficiencies identified under the
pilot program.
(C) Any violations of privacy laws arising from the pilot
program.
(D) Legislative recommendations of the Under Secretary
arising from this pilot program.
(7) Definitions.--In this section:
(A) The term ``PRI'' means information, prescribed by the
Secretary of Defense, regarding a prospective recruit.
(B) The term ``prospective recruit'' means an individual who
is eligible to join the Armed Forces and is--
(i) 17 years of age or older; or
(ii) in the eleventh grade (or its equivalent) or
higher.
SEC. 532. REVIVAL AND EXTENSION OF TEMPORARY AUTHORITY FOR TARGETED RECRUITMENT
INCENTIVES.
Section 522(h) of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 10 U.S.C. 503 note) is--
(1) is revived to read as it did immediately before its expiration
on December 31, 2020; and
(2) is amended--
(A) by striking the semicolon and inserting a comma; and
(B) by striking ``2020'' and inserting ``2025''.
SEC. 533. REPORT ON RECRUITING EFFORTS OF CERTAIN ARMED FORCES.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this act, the Secretary of Defense, in coordination with the
Secretaries of the military departments, shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on recruiting
efforts of the covered Armed Forces.
(b) Elements.--The report shall contain, with regards to the covered Armed
Forces during fiscal years 2018 through 2022, the following elements:
(1) A comparison of--
(A) the number of active duty enlistments from each
geographic region;
(B) the number of recruiters stationed in each geographic
region; and
(C) advertising dollars spent in each geographic region,
including annual numbers and averages.
(2) A comparison of the number of active duty enlistments produced
by each recruiting battalion, recruiting district, or recruiting region,
the number of recruiters stationed in each battalion, and advertising
dollars spent in support of each battalion, including annual numbers and
averages.
(3) An analysis of the geographic dispersion of enlistments by
military occupational specialty.
(4) An analysis of the amount of Federal funds spent on advertising
per active duty enlistment by recruiting battalion, recruiting district,
or recruiting region, and a ranked list of those battalions from most
efficient to least efficient.
(5) A comparison of the race, religion, sex, education levels,
military occupational specialties, and waivers for enlistment granted to
enlistees by geographic region and recruiting battalion, recruiting
district, or recruiting region of responsibility.
(6) An assessment of obstacles that recruiters face in the field,
including access to schools and administrative support.
(7) Efforts the Secretary of the military department concerned is
taking to mitigate obstacles described in paragraph (6).
(c) Definitions.--In this section:
(1) The term ``covered Armed Force'' means an Armed Force under the
jurisdiction of the Secretary of a military department.
(2) The term ``geographic region'' means a region used for the 2020
decennial census.
SEC. 534. REVIEW OF MARKETING AND RECRUITING OF THE DEPARTMENT OF DEFENSE.
(a) In General.--Not later that September 30, 2023, the Comptroller General
of the United States, in consultation with experts determined by the Secretary
of Defense, shall evaluate the marketing and recruiting efforts of the
Department of Defense to determine how to use social media and other technology
platforms to convey to young people the opportunities and benefits of service in
the covered Armed Forces.
(b) Covered Armed Force Defined.--In this section, the term ``covered Armed
Force'' means the following:
(1) The Army.
(2) The Navy.
(3) The Marine Corps.
(4) The Air Force.
(5) The Space Force.
SEC. 535. REPORT ON DEPARTMENT OF DEFENSE RECRUITMENT ADVERTISING TO RACIAL AND
ETHNIC MINORITY COMMUNITIES.
Not later than June 1, 2023, the Secretary of Defense shall submit to the
congressional defense committees a report on the efforts of the Department of
Defense to increase marketing and advertising to adequately reach racial and
ethnic minority communities.
SEC. 536. IMPROVING OVERSIGHT OF MILITARY RECRUITMENT PRACTICES IN PUBLIC
SECONDARY SCHOOLS.
Not later than one year after the date of the enactment of this Act, the
Secretary of Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on military recruitment practices
in public secondary schools during calendar years 2018 through 2022, including--
(1) the zip codes of public secondary schools visited by military
recruiters; and
(2) the number of recruits from public secondary schools by zip code
and local education agency.
SEC. 537. BEST PRACTICES FOR THE RETENTION OF CERTAIN FEMALE MEMBERS OF THE
ARMED FORCES.
The Secretaries of the military departments shall share and implement best
practices regarding the use of retention and exit survey data to identify
barriers and lessons learned to improve the retention of female members of the
Armed Forces under the jurisdiction of such Secretaries.
SEC. 538. REVIEW OF CERTAIN PERSONNEL POLICIES OF SPECIAL OPERATIONS FORCES.
(a) Review Required.--The Secretary of Defense shall direct the covered
officials to review (and, if a covered official determines it necessary, update
guidance and processes) matters described in section 167(e)(2)(J) of title 10,
United States Code. The covered officials shall complete such review (and
update) not later than 180 days after the date of the enactment of this Act.
(b) Elements of Review.--The review and updates under subsection (a) shall
address the respective roles of the military departments and the United States
Special Operations Command with respect to the following:
(1) Coordination between special operations command and the military
departments regarding recruiting and retention to ensure that personnel
requirements of special operations forces and the military departments
are met appropriately.
(2) Opportunities for members of special operations forces to enroll
in professional military education.
(3) Promotion opportunities for members of special operations forces
and an assessment of whether such opportunities are adequate to fulfill
staffing requirements of special operations forces.
(4) Data sharing between the military departments and special
operations command with respect to special operations forces personnel.
(5) Any other matter the Secretary of Defense determines
appropriate.
(c) Report Required.--Not later than 90 days after completing the review
(and any updates) under subsection (a), the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of Representatives a
report on such review and any resulting updates to guidance and processes. The
report shall also include any recommendations of the Secretary regarding matters
described in subsection (a) or (b).
(d) Definitions.--In this section:
(1) The term ``covered officials'' means--
(A) the Secretaries of the military departments;
(B) the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict; and
(C) the Commander of special operations command.
(2) The term ``special operations command'' has the meaning given
that term in section 167(a) of title 10, United States Code.
(3) The term ``special operations forces'' means the forces
described in section 167(j) of title 10, United States Code.
SEC. 539. SUPPORT FOR MEMBERS WHO PERFORM DUTIES REGARDING REMOTELY PILOTED
AIRCRAFT: STUDY; REPORT.
(a) Study.--The Secretary of Defense shall conduct a study to identify
opportunities to provide more support services to, and greater recognition of
combat accomplishments of, RPA crew. Such study shall identify the following
with respect to each covered Armed Force:
(1) Safety policies applicable to crew of traditional aircraft that
apply to RPA crew.
(2) Personnel policies, including crew staffing and training
practices, applicable to crew of traditional aircraft that apply to RPA
crew.
(3) Metrics the Secretaries of the military departments use to
evaluate the health of RPA crew.
(4) Incentive pay, retention bonuses, promotion rates, and career
advancement opportunities for RPA crew.
(5) Combat zone compensation available to RPA crew.
(6) Decorations and awards for combat available to RPA crew.
(7) Mental health care available to crew of traditional aircraft and
RPA crew who conduct combat operations.
(8) Whether RPA crew receive post-separation health (including
mental health) care equivalent to crew of traditional aircraft.
(9) An explanation of any difference under paragraph (8).
(b) Report.--Not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report containing the following:
(1) The results of the study conducted under this section.
(2) Any policy recommendations of the Secretary regarding such
results.
(3) Progress made by the Secretary of the Air Force in implementing
the recommendations of the Comptroller General of the United States in
the following reports:
(A) GAO-19-155, titled ``Unmanned Aerial Systems: Air Force
Pilot Promotion Rates Have Increased but Oversight Process of
Some Positions Could Be Enhanced''.
(B) GAO-20-320, titled ``Unmanned Aerial Systems: Air Force
Should Take Additional Steps to Improve Aircrew Staffing and
Support''.
(c) Definitions.--In this section:
(1) The term ``covered Armed Force'' means an Armed Force under the
jurisdiction of the Secretary of a military department.
(2) The term ``RPA crew'' means members of covered Armed Forces who
perform duties relating to remotely piloted aircraft.
(3) The term ``traditional aircraft'' means fixed or rotary wing
aircraft operated by an onboard pilot.
SEC. 539A. RETENTION AND RECRUITMENT OF MEMBERS OF THE ARMY WHO SPECIALIZE IN
AIR AND MISSILE DEFENSE SYSTEMS.
(a) Study.--The Comptroller General of the United States shall study efforts
to retain and recruit members with military occupational specialties regarding
air and missile defense systems of the Army.
(b) Interim Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to the Committees on
Armed Services of the Senate and House of Representatives a briefing on the
status of the study.
(c) Final Report.--Not later than 18 months after the date of the enactment
of this Act, the Comptroller General shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report that identifies
steps the Secretary of the Army may take to improve such retention and
recruitment.
Subtitle E--Military Justice and Other Legal Matters
SEC. 541. MATTERS IN CONNECTION WITH SPECIAL TRIAL COUNSEL.
(a) Definition of Covered Offense.--
(1) In general.--Section 801(17)(A) of title 10, United States Code
(article 1(17)(A) of the Uniform Code of Military Justice), as added by
section 533 of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 135 Stat. 1695), is amended by striking
``section 920 (article 120)'' and inserting ``section 919a (article
119a), section 920 (article 120), section 920a (article 120a)''.
(2) Effective date.--The amendments made by paragraph (1) shall take
effect immediately after the coming into effect of the amendments made
by section 533 of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 135 Stat. 1695) as provided in section 539C of
that Act (10 U.S.C. 801 note) and shall apply with respect to offenses
that occur after that date.
(b) Inclusion of Sexual Harassment as Covered Offense.--
(1) In general.--Section 801(17)(A) of title 10, United States Code
(article 1(17)(A) of the Uniform Code of Military Justice), as added by
section 533 of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 135 Stat. 1695) and amended by subsection (a)
of this section, is further amended--
(A) by striking ``or''; and
(B) by striking ``of this title'' and inserting ``, or the
standalone offense of sexual harassment punishable under section
934 (article 134) of this title in each instance in which a
formal complaint is made and such formal complaint is
substantiated in accordance with regulations prescribed by the
Secretary concerned''.
(2) Effective date.--The amendments made by paragraph (1) shall take
effect on January 1, 2025, and shall apply with respect to offenses that
occur after that date.
(c) Residual Prosecutorial Duties and Other Judicial Functions of Convening
Authorities in Covered Cases.--The President shall prescribe regulations to
ensure that residual prosecutorial duties and other judicial functions of
convening authorities, including granting immunity, ordering depositions, and
hiring experts, with respect to charges and specifications over which a special
trial counsel exercises authority pursuant to section 824a of title 10, United
States Code (article 24a of the Uniform Code of Military Justice) (as added by
section 531 of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1692)), are transferred to the military judge, the
special trial counsel, or other authority as appropriate in such cases by no
later than the effective date established in section 539C of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 801
note), in consideration of due process for all parties involved in such a case.
(d) Amendment to the Rules for Courts-Martial.--The President shall
prescribe in regulation such modifications to Rule 813 of the Rules for Courts-
Martial and other Rules as appropriate to ensure that at the beginning of each
court-martial convened, the presentation of orders does not in open court
specify the name, rank, or position of the convening authority convening such
court, unless such convening authority is the Secretary concerned, the Secretary
of Defense, or the President.
(e) Briefing Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the Committees
on Armed Services of the Senate and the House of Representatives a briefing on
the progress of the Department of Defense in implementing this section,
including an identification of--
(1) the duties to be transferred under subsection (c);
(2) the positions to which those duties will be transferred; and
(3) any provisions of law or Rules for Courts Martial that must be
amended or modified to fully complete the transfer.
(f) Additional Reporting Relating to Implementation of Subtitle D of Title V
of the National Defense Authorization Act for Fiscal Year 2022.--Not later than
February 1, 2025, and annually thereafter for five years, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report assessing the holistic effect of the reforms
contained in subtitle D of title V of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) on the military justice system. The report
shall include the following elements:
(1) An overall assessment of the effect such reforms have had on the
military justice system and the maintenance of good order and discipline
in the ranks.
(2) The percentage of caseload and courts-martial assessed as
meeting, or having been assessed as potentially meeting, the definition
of ``covered offense'' under section 801(17) of title 10, United States
Code (article 1(17) of the Uniform Code of Military Justice) (as added
by section 533 of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 135 17 Stat. 1695)), disaggregated by offense
and military service where possible.
(3) An assessment of prevalence and data concerning disposition of
cases by commanders after declination of prosecution by special trial
counsel, disaggregated by offense and military service when possible.
(4) Assessment of the effect, if any, the reforms contained in such
subtitle have had on non-judicial punishment concerning covered and non-
covered offenses.
(5) A description of the resources and personnel required to
maintain and execute the reforms made by such subtitle during the
reporting period relative to fiscal year 2022.
(6) A description of any other factors or matters considered by the
Secretary to be important to a holistic assessment of those reforms on
the military justice system.
SEC. 542. TECHNICAL CORRECTIONS RELATING TO SPECIAL TRIAL COUNSEL.
(a) Technical Corrections.--Section 824a(c)(3) of title 10, United States
Code (article 24a(c)(3) of the Uniform Code of Military Justice), is amended--
(1) by striking ``Subject to paragraph (4)'' and inserting ``Subject
to paragraph (5)''; and
(2) in subparagraph (D), by striking ``an ordered rehearing'' and
inserting ``an authorized rehearing''.
(b) Effective Date.--The amendments made by subsection (a) shall take effect
immediately after the coming into effect of the amendments made by section 531
of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 135 Stat. 1692) as provided in section 539C of that Act (10 U.S.C. 801
note).
SEC. 543. RANDOMIZATION OF COURT-MARTIAL PANELS.
(a) In General.--Section 825(e) of title 10, United States Code (article
25(e) of the Uniform Code of Military Justice), is amended by adding at the end
the following new paragraph:
``(4) When convening a court-martial, the convening authority shall detail
as members thereof members of the armed forces under such regulations as the
President may prescribe for the randomized selection of qualified personnel, to
the maximum extent practicable.''.
(b) Effective Date.--The amendment made by subsection (a) shall take effect
on the date that is two years after the date of the enactment of this Act and
shall apply with respect to courts-martial convened on or after that effective
date.
(c) Regulations.--Not later than the effective date specified in subsection
(b), the President shall prescribe regulations implementing the requirement
under paragraph (4) of section 825(e) of title 10, United States Code (article
25(e) of the Uniform Code of Military Justice), as added by subsection (a) of
this section.
SEC. 544. JURISDICTION OF COURTS OF CRIMINAL APPEALS.
(a) Waiver of Right to Appeal; Withdrawal of Appeal.--Section 861(d) of
title 10, United States Code (article 61(d) of the Uniform Code of Military
Justice), is amended by striking ``A waiver'' and inserting ``Except as provided
by section 869(c)(2) of this title (article 69(c)(2)), a waiver''.
(b) Jurisdiction.--Section 866 of title 10, United States Code (article 66
of the Uniform Code of Military Justice), is amended--
(1) in subsection (b)(1), by striking ``shall have jurisdiction
over'' and all that follows through the period at the end of
subparagraph (D) and inserting the following: ``shall have jurisdiction
over--
``(A) a timely appeal from the judgment of a court-martial, entered
into the record under section 860c(a) of this title (article 60c(a)),
that includes a finding of guilty; and
``(B) a summary court-martial case in which the accused filed an
application for review with the Court under section 869(d)(1) of this
title (article 69(d)(1)) and for which the application has been granted
by the Court.''; and
(2) in subsection (c), by striking ``is timely if'' and all that
follows through the period at the end of paragraph (2) and inserting the
following: ``is timely if--
``(1) in the case of an appeal under subparagraph (A) of such
subsection, it is filed before the later of--
``(A) the end of the 90-day period beginning on the date the
accused is provided notice of appellate rights under section
865(c) of this title (article 65(c)); or
``(B) the date set by the Court of Criminal Appeals by rule
or order; and
``(2) in the case of an appeal under subparagraph (B) of such
subsection, an application for review with the Court is filed not later
than the earlier of the dates established under section 869(d)(2)(B) of
this title (article 69(d)(2)(B)).''.
(c) Review by Judge Advocate General.--Section 869 of title 10, United
States Code (article 69 of the Uniform Code of Military Justice), is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--Upon application by the accused or receipt of the record
pursuant to section 864(c)(3) of this title (article 64(c)(3)) and subject to
subsections (b), (c), and (d), the Judge Advocate General may--
``(1) with respect to a summary court-martial, modify or set aside,
in whole or in part, the findings and sentence; or
``(2) with respect to a general or special court-martial, order such
court-martial to be reviewed under section 866 of this title (article
66).''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``To qualify''; and
(B) by striking ``not later than one year after'' and all
that follows through the period at the end and inserting the
following: ``not later than--
``(A) for a summary court-martial, one year after the date of
completion of review under section 864 of this title (article 64); or
``(B) for a general or special court-martial, one year after the end
of the 90-day period beginning on the date the accused is provided
notice of appellate rights under section 865(c) of this title (article
65(c)), unless the accused submitted a waiver or withdrawal of appellate
review under section 861 of this title (article 61) before being
provided notice of appellate rights, in which case the application must
be submitted to the Judge Advocate General not later than one year after
the entry of judgment under section 860c of this title (article 60c).
``(2) The Judge Advocate General may, for good cause shown, extend the
period for submission of an application, except that--
``(A) in the case of an application for review of a summary court
martial, the Judge Advocate may not consider an application submitted
more than three years after the completion date referred to in paragraph
(1)(A); and
``(B) in case of an application for review of a general or special
court-martial, the Judge Advocate may not consider an application
submitted more than three years after the end of the applicable period
under paragraph (1)(B).'';
(3) in subsection (c)--
(A) in paragraph (1)(A), by striking ``section 864 or 865(b)
of this title (article 64 or 65(b))'' and inserting ``section
864 of this title (article 64)''; and
(B) in paragraph (2), by striking ``the Judge Advocate
General shall order appropriate corrective action under rules
prescribed by the President'' and inserting ``the Judge Advocate
General shall send the case to the Court of Criminal Appeals'';
and
(4) in subsection (d)--
(A) in paragraph (1), by striking ``under subsection (c)--''
and all that follows through ``(B) in a case submitted'' and
inserting ``under subsection (c)(1) in a case submitted''; and
(B) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``paragraph (1)(B)'' and inserting ``paragraph
(1)''.
(d) Applicability.--The amendments made by this section shall not apply to--
(1) any matter that was submitted before the date of the enactment
of this Act to a Court of Criminal Appeals established under section 866
of title 10, United States Code (article 66 of the Uniform Code of
Military Justice); or
(2) any matter that was submitted before the date of the enactment
of this Act to a Judge Advocate General under section 869 of such title
(article 69 of the Uniform Code of Military Justice).
SEC. 545. SPECIAL TRIAL COUNSEL OF THE DEPARTMENT OF THE AIR FORCE.
(a) In General.--Section 1044f of title 10, United States Code, is amended--
(1) in subsection (a), in the matter preceding paragraph (1), by
striking ``The policies shall'' and inserting ``Subject to subsection
(c), the policies shall'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new subsection:
``(c) Special Trial Counsel of Department of the Air Force.--In establishing
policies under subsection (a), the Secretary of Defense shall--
``(1) in lieu of providing for separate offices for the Air Force
and Space Force under subsection (a)(1), provide for the establishment
of a single dedicated office from which office the activities of the
special trial counsel of the Department of the Air Force shall be
supervised and overseen; and
``(2) in lieu of providing for separate lead special trial counsels
for the Air Force and Space Force under subsection (a)(2), provide for
the appointment of one lead special trial counsel who shall be
responsible for the overall supervision and oversight of the activities
of the special trial counsel of the Department of the Air Force.''.
(b) Effective Date.--The amendments made subsection (a) shall take effect
immediately after the coming into effect of the amendments made by section 532
of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 135 Stat. 1694) as provided in section 539C of that Act (10 U.S.C. 801
note).
SEC. 546. INDEPENDENT INVESTIGATION OF SEXUAL HARASSMENT.
(a) Definitions.--Subsection (e) of section 1561 of title 10, United States
Code, as amended by section 543 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1709), is amended to read as
follows:
``(e) Definitions.--In this section:
``(1) The term `independent investigator' means a civilian employee
of the Department of Defense or a member of the Army, Navy, Marine
Corps, Air Force, or Space Force who--
``(A) is outside the immediate chain of command of the
complainant and the subject of the investigation; and
``(B) is trained in the investigation of sexual harassment,
as determined by--
``(i) the Secretary of Defense, in the case of a
civilian employee of the Department of Defense;
``(ii) the Secretary of the Army, in the case of a
member of the Army;
``(iii) the Secretary of the Navy, in the case of a
member of the Navy or Marine Corps; or
``(iv) the Secretary of the Air Force, in the case
of a member of the Air Force or Space Force.
``(2) The term `sexual harassment' means conduct that constitutes
the offense of sexual harassment as punishable under section 934 of this
title (article 134) pursuant to the regulations prescribed by the
Secretary of Defense for purposes of such section (article).''.
(b) Effective Date.--The amendment made by subsection (a) shall take effect
immediately after the coming into effect of the amendments made by section 543
of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 135 Stat. 1709) as provided in subsection (c) of that section.
SEC. 547. PRIMARY PREVENTION RESEARCH AGENDA AND WORKFORCE.
(a) Annual Primary Prevention Research Agenda.--Section 549A(c) of the
National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1722) is amended--
(1) by redesignating paragraphs (2), (3), and (4) as paragraphs (5),
(6), and (7), respectively;
(2) by inserting after paragraph (1) the following new paragraphs:
``(2) include a focus on whether and to what extent sub-populations
of the military community may be targeted for interpersonal violence
more than others;
``(3) seek to identify factors that influence the prevention,
perpetration, and victimization of interpersonal and self-directed
violence;
``(4) seek to improve the collection and dissemination of data on
hazing and bullying related to interpersonal and self-directed
violence;''; and
(3) by amending paragraph (6), as redesignated by paragraph (1) of
this section, to read as follows:
``(6) incorporate collaboration with other Federal departments and
agencies, including the Department of Health and Human Services and the
Centers for Disease Control and Prevention, State governments, academia,
industry, federally funded research and development centers, nonprofit
organizations, and other organizations outside of the Department of
Defense, including civilian institutions that conduct similar data-
driven studies, collection, and analysis; and''.
(b) Primary Prevention Workforce.--Section 549B of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1722) is
amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking ``subsection (a)'' and
inserting ``paragraph (1)''; and
(B) by adding at the end the following new paragraph:
``(3) Comptroller general report.--Not later than one year after the
date of the enactment of this paragraph, the Comptroller General of the
United States shall submit to the congressional defense committees a
report that--
``(A) compares the sexual harassment and prevention training
of the Department of Defense with similar programs at other
departments and agencies of the Federal Government; and
``(B) includes relevant data collected by colleges and
universities and other relevant outside entities on hazing and
bullying and interpersonal and self-directed violence.''; and
(2) by adding at the end the following new subsection:
``(e) Incorporation of Research and Findings.--The Secretary of Defense
shall ensure that the findings and conclusions from the primary prevention
research agenda established under section 549A are regularly incorporated, as
appropriate, within the primary prevention workforce established under
subsection (a).''.
SEC. 548. LIMITATION ON AVAILABILITY OF FUNDS FOR RELOCATION OF ARMY CID SPECIAL
AGENT TRAINING COURSE.
(a) Limitation.--None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2023 for the Army may be obligated
or expended to relocate an Army CID special agent training course until--
(1)(A) the Secretary of the Army submits to the Committees on Armed
Services of the Senate and the House of Representatives--
(i) the evaluation and plan required by subsection (a) of
section 549C of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1724);
(ii) the implementation plan required by subsection (b) of
such section; and
(iii) a separate report on any plans of the Secretary to
relocate an Army CID special agent training course, including an
explanation of the business case for any transfer of training
personnel proposed as part of such plan;
(B) the Secretary provides to the Committee on Armed Services of the
House of Representatives a briefing on the contents of each report
specified in subparagraph (A); and
(C) a period of 90 days has elapsed following the briefing under
subparagraph (B); and
(2) the Secretary submits a written certification to the Committees
on Armed Services of the Senate and the House of Representatives
indicating that the Army has fully complied with subsection (c) of
section 549C of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 135 Stat. 1724) with regard to locations at
which military criminal investigative training is conducted.
(b) Definitions.--In this section:
(1) The term ``relocate'', when used with respect to an Army CID
special agent training course, means the transfer of such course to a
location different than the location used for such course as of the date
of the enactment of this Act.
(2) The term ``Army CID special agent training course'' means a
training course provided to members of the Army to prepare such members
for service as special agents in the Army Criminal Investigation
Division.
SEC. 549. REVIEW OF TITLING AND INDEXING PRACTICES OF THE ARMY AND CERTAIN OTHER
ORGANIZATIONS.
(a) Review of Titling an Indexing Decisions.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of the Army shall review
the case file of each member or former member of the Army, the Army Reserve, or
the Army National Guard who was titled or indexed in connection with the Guard
Recruiting Assistance Program, the Army Reserve Recruiting Assistance Program,
or any related activity to determine the appropriateness of the titling or
indexing decision that was made with respect to such member or former member.
(b) Factors to Be Considered.--In reviewing a titling or indexing decision
under subsection (a), the Secretary of the Army shall consider--
(1) the likelihood that the member or former member to whom the
decision pertains will face future criminal prosecution or other adverse
action on the basis of the facts in the record at the time of the
review;
(2) the appropriate evidentiary standard to apply to the review of
the decision; and
(3) such other circumstances or factors as the Secretary determines
are in the interest of equity and fairness.
(c) Notification and Appeal.--
(1) In general.--Upon the completion of each review under subsection
(a), the Secretary of the Army shall notify the member or former member
concerned of such review, the disposition of the relevant instance of
titling or indexing, and the mechanisms the member or former member may
pursue to seek correction, removal, or expungement of that instance of
titling or indexing.
(2) Notification of next of kin.--In a case in which a member or
former member required to be notified under paragraph (1) is deceased,
the Secretary of the Army shall provide the notice required under such
paragraph to the primary next of kin of the member or former member.
(d) Actions by the Secretary of the Army.--If the Secretary of the Army
determines that correction, removal, or expungement of an instance of titling or
indexing is appropriate after considering the factors under subsection (b), the
Secretary of the Army may request that the name, personally identifying
information, and other information relating to the individual to whom the
titling or indexing pertains be corrected in, removed from, or expunged from,
the following:
(1) A law enforcement or criminal investigative report of the
Department of Defense or any component of the Department.
(2) An index item or entry in the Department of Defense Central
Index of Investigations (DCII).
(3) Any other record maintained in connection with a report
described in paragraph (1), or an index item or entry described in
paragraph (2), in any system of records, records database, records
center, or repository maintained by or on behalf of the Department,
including entries in the Federal Bureau of Investigation's Interstate
Identification Index or any successor system.
(e) Report of Secretary of the Army.--Not later than 180 days after the
completion of the review required by subsection (a), the Secretary of the Army
shall submit to the Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the review. The report shall include
the following:
(1) The total number of instances of titling and indexing reviewed
under such subsection.
(2) The number of cases in which action was taken to correct,
remove, or expunge an instance of titling or indexing.
(3) The number of members and former members who remain titled after
the conclusion of the review.
(4) The number of members and former members who remain indexed
after the conclusion of the review.
(5) A brief description of the reasons the members and former
members counted under paragraphs (3) and (4) remain titled or indexed.
(6) Such other matters as the Secretary determines appropriate.
(f) Secretary of Defense Review and Report.--
(1) Review.--The Secretary of Defense shall conduct a review the
titling and indexing practices of the criminal investigative
organizations of the Armed Forces. Such review shall include--
(A) an assessment of the practices of titling and indexing
and the continued relevance of such practices to the operation
of such criminal investigative organizations;
(B) an evaluation of the suitability of the evidentiary
requirements and related practices for titling and indexing in
effect at the time of the review; and
(C) the development of recommendations, as appropriate, to
improve the consistency, accuracy, and utility of the titling
and indexing processes across such criminal investigative
organizations.
(2) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on the results of the review conducted under paragraph (1).
(g) Definitions.--In this section:
(1) The term ``titling'' means the practice of identifying an
individual as the subject of a criminal investigation the records of a
military criminal investigative organization and storing such
information in a database or other records system.
(2) The term ``indexing'' means the practice of submitting an
individual's name or other personally identifiable information to the
Federal Bureau of Investigation's Interstate Identification Index, or
any successor system.
SEC. 549A. BRIEFING AND REPORT ON RESOURCING REQUIRED FOR IMPLEMENTATION OF
MILITARY JUSTICE REFORM.
(a) Briefing and Report Required.--
(1) Briefing.--Not later than March 1, 2023, and no less frequently
than once every 180 days thereafter through December 31, 2024, each
Secretary concerned shall provide to the appropriate congressional
committees a briefing that details the resourcing necessary to implement
subtitle D of title V of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) and the amendments made by that
subtitle.
(2) Report.--Not later than one year after the date of the enactment
of this Act, each Secretary concerned shall submit to the appropriate
congressional committees a report that details the resourcing necessary
to implement subtitle D of title V of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81) and the amendments made by
that subtitle.
(3) Form of briefing and report.--The Secretaries concerned may
provide the briefings and report required under paragraphs (1) and (2)
jointly, or separately, as determined appropriate by such Secretaries.
(b) Elements.--The briefing and report required under subsection (a) shall
address the following:
(1) The number of personnel and personnel authorizations (military
and civilian) required by the Armed Forces to implement and execute the
provisions of subtitle D of title V of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) and the
amendments made by that subtitle.
(2) The basis for the numbers provided pursuant to paragraph (1),
including the following:
(A) A description of the organizational structure in which
such personnel or groups of personnel are or will be aligned.
(B) The nature of the duties and functions to be performed
by any such personnel or groups of personnel across the domains
of policy-making, execution, assessment, and oversight.
(C) The optimum caseload goal assigned to the following
categories of personnel who are or will participate in the
military justice process: criminal investigators of different
levels and expertise, laboratory personnel, defense counsel,
special trial counsel, military defense counsel, military
judges, military magistrates, and paralegals.
(D) Any required increase in the number of personnel
currently authorized in law to be assigned to the Armed Force
concerned.
(3) The nature and scope of any contract required by the Armed Force
concerned to implement and execute the provisions of subtitle D of title
V of the National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81) and the amendments made by that subtitle.
(4) The amount and types of additional funding required by the Armed
Force concerned to implement the provisions of subtitle D of title V of
the National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81) and the amendments made by that subtitle.
(5) Any additional authorities required to implement the provisions
of subtitle D of title V of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) and the amendments made by that
subtitle.
(6) Any additional information the Secretary concerned determines is
necessary to ensure the manning, equipping, and resourcing of the Armed
Forces to implement and execute the provisions of subtitle D of title V
of the National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81) and the amendments made by that subtitle.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on
Transportation and Infrastructure, and the Committee on
Appropriations of the House of Representatives.
(2) The term ``Secretary concerned'' has the meaning given that term
in section 101(a) of title 10, United States Code.
SEC. 549B. REPORT ON SHARING INFORMATION WITH COUNSEL FOR VICTIMS OF OFFENSES
UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Defense Advisory Committee on Investigation,
Prosecution, and Defense of Sexual Assault in the Armed Forces (referred to in
this section as the ``Advisory Committee'') shall submit to the Committees on
Armed Services of the Senate and the House of Representatives and each Secretary
concerned a report on the feasibility and advisability of establishing a uniform
policy for the sharing of the information described in subsection (c) with a
Special Victims' Counsel, Victims' Legal Counsel, or other counsel representing
a victim of an offense under chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice).
(b) Elements.--The report under subsection (a) shall include the following:
(1) An assessment of the feasibility and advisability of
establishing the uniform policy described in subsection (a), including
an assessment of the potential effects of such a policy on--
(A) the privacy of individuals;
(B) the criminal investigative process; and
(C) the military justice system generally.
(2) If the Advisory Committee determines that the establishment of
such a policy is feasible and advisable, a description of--
(A) the stages of the military justice process at which the
information described in subsection (c) should be made available
to counsel representing a victim; and
(B) any circumstances under which some or all of such
information should not be shared.
(3) Such recommendations for legislative or administrative action as
the Advisory Committee considers appropriate.
(c) Information Described.--The information described in this subsection is
the following:
(1) Any recorded statements of the victim to investigators.
(2) The record of any forensic examination of the person or property
of the victim, including the record of any sexual assault forensic exam
of the victim that is in possession of investigators or the Government.
(3) Any medical record of the victim that is in the possession of
investigators or the Government.
(d) Secretary Concerned Defined.--In this section, the term ``Secretary
concerned'' has the meaning given that term in section 101(a)(9) of title 10,
United States Code.
SEC. 549C. DISSEMINATION OF CIVILIAN LEGAL SERVICES INFORMATION.
Not later than one year after the date of the enactment of this Act, the
Secretary of Defense, acting through the head of the Sexual Assault Prevention
and Response Office of the Department of Defense, shall ensure that information
on the availability of legal resources from civilian legal service organizations
is distributed to military-connected sexual assault victims in an organized and
consistent manner.
Subtitle F--Member Education
SEC. 551. AUTHORIZATION OF CERTAIN SUPPORT FOR MILITARY SERVICE ACADEMY
FOUNDATIONS.
(a) In General.--Subchapter I of chapter 134 of title 10, United States
Code, is amended by inserting after section 2245 the end the following new
section:
``Sec. 2246. Authorization of certain support for military service academy
foundations
``(a) Authority.--Subject to subsection (b) and pursuant to regulations
prescribed by the Secretary of Defense, the Superintendent of a Service Academy
may authorize a covered foundation to use, on an unreimbursed basis, facilities
or equipment of such Service Academy.
``(b) Limitations.--Use of facilities or equipment under subsection (a) may
be provided only if such use--
``(1) is without any liability of the United States to the covered
foundation;
``(2) does not affect the ability of any official or employee of the
military department concerned, or any member of the armed forces, to
carry out any responsibility or duty in a fair and objective manner;
``(3) does not compromise the integrity or appearance of integrity
of any program of the military department concerned, or any individual
involved in such a program;
``(4) does not include the participation of any cadet or midshipman,
other than participation in an honor guard at an event of the covered
foundation;
``(5) complies with the Joint Ethics Regulation; and
``(6) has been reviewed and approved by an attorney of the military
department concerned.
``(c) Briefing.--In any fiscal year during which the Superintendent of a
Service Academy exercises the authority under subsection (a), the Secretary of
the military department concerned shall provide a briefing not later than the
last day of that fiscal year to the Committees on Armed Services of the Senate
and House of Representatives regarding the number of events or activities of a
covered foundation supported by such exercise during such fiscal year.
``(d) Definitions.--In this section:
``(1) The term `covered foundation' means a charitable, educational,
or civic nonprofit organization under section 501(c)(3) of the Internal
Revenue Code of 1986, that the Secretary concerned determines operates
exclusively to support, with respect to a Service Academy, any of the
following:
``(A) Recruiting.
``(B) Parent or alumni development.
``(C) Academic, leadership, or character development.
``(D) Institutional development.
``(E) Athletics.
``(2) The term `Service Academy' has the meaning given such term in
section 347 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of such
subchapter is amended by inserting after the item relating to item 2245 the
following new item:
``2246. Authorization of certain support for military service academy
foundations.''.
SEC. 552. INDIVIDUALS FROM THE DISTRICT OF COLUMBIA WHO MAY BE CONSIDERED FOR
APPOINTMENT TO MILITARY SERVICE ACADEMIES.
(a) United States Military Academy.--Section 7442 of title 10, United States
Code, is amended, in subsection (b)(5), by striking ``paragraphs (3) and (4)''
and inserting ``paragraphs (3) through (10)''.
(b) United States Naval Academy.--Section 8454 of title 10, United States
Code, is amended, in subsection (b)(5), by striking ``paragraphs (3) and (4)''
and inserting ``paragraphs (3) through (10)''.
(c) United States Air Force Academy.--Section 9442 of title 10, United
States Code, is amended, in subsection (b)(5), by striking ``paragraphs (3) and
(4)'' and inserting ``paragraphs (3) through (10)''.
SEC. 553. AGREEMENT BY A CADET OR MIDSHIPMAN TO PLAY PROFESSIONAL SPORT
CONSTITUTES A BREACH OF AGREEMENT TO SERVE AS AN OFFICER.
(a) United States Military Academy.--Section 7448 of title 10, United States
Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to read as follows:
``(5) That the cadet may not obtain employment as a professional
athlete until two years after the cadet graduates from the Academy.''.
(2) Subsection (b) is amended by adding at the end the following new
paragraph:
``(4) A cadet who violates paragraph (5) of subsection (a) is not eligible
for the alternative obligation under paragraph (1).''.
(3) Subsection (c) is amended--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting, after paragraph (1), the following new
paragraph (2):
``(2) that a cadet who obtains employment as a professional
athlete--
``(A) in violation of paragraph (5) of subsection (a) has
breached an agreement under such subsection; and
``(B) at least two years after the cadet graduates from the
Academy has not breached an agreement under subsection (a);''.
(4) Subsection (d) is amended--
(A) by striking ``with respect to an officer who is a
graduate of the Academy'' and inserting ``with respect to a
cadet''; and
(B) by striking ``officer's'' and inserting ``cadet's''.
(5) Subsection (f) is amended by striking ``the terms'' and
inserting ``each term''.
(b) United States Naval Academy.--Section 8459 of title 10, United States
Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to read as follows:
``(5) That the midshipman may not obtain employment as a
professional athlete until two years after the midshipman graduates from
the Academy.''.
(2) Subsection (b) is amended by adding at the end the following new
paragraph:
``(4) A midshipman who violates paragraph (5) of subsection (a) is not
eligible for the alternative obligation under paragraph (1).''.
(3) Subsection (c) is amended--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting, after paragraph (1), the following new
paragraph (2):
``(2) that a midshipman who obtains employment as a professional
athlete--
``(A) in violation of paragraph (5) of subsection (a) has
breached an agreement under such subsection; and
``(B) at least two years after the midshipman graduates from
the Academy has not breached an agreement under subsection
(a);''.
(4) Subsection (d) is amended--
(A) by striking ``with respect to an officer who is a
graduate of the Academy'' and inserting ``with respect to a
midshipman''; and
(B) by striking ``officer's'' and inserting
``midshipman's''.
(5) Subsection (f) is amended by striking ``the terms'' and
inserting ``each term''.
(c) United States Air Force Academy.--Section 9448 of title 10, United
States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to read as follows:
``(5) That the cadet may not obtain employment as a professional
athlete until two years after the cadet graduates from the Academy.''.
(2) Subsection (b) is amended by adding at the end the following new
paragraph:
``(4) A cadet who violates paragraph (5) of subsection (a) is not eligible
for the alternative obligation under paragraph (1).''.
(3) Subsection (c) is amended--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting, after paragraph (1), the following new
paragraph (2):
``(2) that a cadet who obtains employment as a professional
athlete--
``(A) in violation of paragraph (5) of subsection (a) has
breached an agreement under such subsection; and
``(B) at least two years after the cadet graduates from the
Academy has not breached an agreement under subsection (a);''.
(4) Subsection (d) is amended--
(A) by striking ``with respect to an officer who is a
graduate of the Academy'' and inserting ``with respect to a
cadet''; and
(B) by striking ``officer's'' and inserting ``cadet's''.
(5) Subsection (f) is amended by striking ``the terms'' and
inserting ``each term''.
SEC. 554. NAVAL POSTGRADUATE SCHOOL AND UNITED STATES AIR FORCE INSTITUTE OF
TECHNOLOGY: TERMS OF PROVOSTS AND CHIEF ACADEMIC OFFICERS.
(a) Naval Postgraduate School.--
(1) In general.--Section 8543 of title 10, United States Code, is
amended--
(A) by striking ``Academic Dean'' each place it appears and
inserting ``Chief Academic Officer'';
(B) in subsection (a), by striking the second sentence and
inserting ``An individual selected by the Secretary of the Navy
for the position of Provost and Chief Academic Officer shall
serve in that position for a term of not more than five years
and may be continued in that position for an additional term of
up to five years.''
(2) Technical and conforming amendments.--
(A) Section heading.--The heading of such section is amended
by striking ``Academic Dean'' and inserting ``Chief Academic
Officer''.
(B) Table of sections.--The table of sections at the
beginning of chapter 855 of such title is amended by striking
the item relating to section 8543 and inserting the following
new item:
``8543. Provost and Chief Academic Officer.''.
(C) Conforming amendment.--Section 8542(a)(4)(A)(ii)(II) of
such title is amended by striking ``permanently appointed to the
position of Provost and Academic Dean'' and inserting ``selected
for the position of Provost and Chief Academic Officer''.
(b) United States Air Force Institute of Technology.--Subsection (b) of
section 9414b of such title is amended--
(1) in the heading, by striking ``Academic Dean'' and inserting
``Chief Academic Officer'';
(2) by striking ``Academic Dean'' each place it appears and
inserting ``Chief Academic Officer'';
(3) in paragraph (1), by striking ``appointed'' and inserting
``selected''; and
(4) by striking paragraph (2) and inserting the following:
``(2) Term.--An individual selected for the position of Provost and
Chief Academic Officer shall serve in that position for a term of not
more than five years and may be continued in that position for an
additional term of up to five years.''.
SEC. 555. NAVAL POSTGRADUATE SCHOOL: ATTENDANCE BY ENLISTED MEMBERS.
(a) In General.--Subsection (a)(2)(D)(iii) of section 8545 of title 10,
United States Code, is amended by striking ``only on a space-available basis''.
(b) Briefing.--Six years after the date of the enactment of this Act, the
Secretary of Defense shall brief the Committees on Armed Services of the Senate
and House of Representatives on the effects of increasing enrollment of enlisted
members at the Naval Postgraduate School pursuant to the amendment made by
subsection (a). Such briefing shall include the following elements:
(1) Any increase to the effectiveness, readiness, or lethality of
the Armed Forces.
(2) Effects on rates of recruitment, promotion (including
compensation to members), and retention.
SEC. 556. MODIFICATION OF ANNUAL REPORT ON DEMOGRAPHICS OF MILITARY SERVICE
ACADEMY APPLICANTS.
Subsection (c)(2) of section 575 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C.
7442 note) is amended by adding at the end the following new subparagraph:
``(C) Anything the Secretary determines to be significant
regarding gender, race, ethnicity, or other demographic
information, described in subsection (b), of such
individuals.''.
SEC. 557. STUDY AND REPORT ON PROFESSIONAL MILITARY EDUCATION.
(a) Report.--Not later than December 1, 2025, the Secretary of Defense, in
coordination with the Chairman of the Joint Chiefs of Staff and the Secretaries
of the military departments, shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report on the effectiveness of PME in
educating officers of the Armed Forces.
(b) Elements.--The Secretary of Defense shall include in the report the
following elements:
(1) Definitions; purpose statement.--In order to improve readiness
and create a culture of lifelong learning for PME students and faculty--
(A) recommendations regarding whether to define PME, or to
revise existing definitions in section 2151 of title 10, United
States Code; and
(B) a purpose statement for PME.
(2) Course of study.--With regards to a course of study in PME--
(A) an analysis of, and legislative recommendations
regarding, the existing three-phase approach to JPME under
section 2154 of title 10, United States Code.
(B) legislative recommendations regarding developing a
statutory three-phase approach for PME other than JPME, similar
to such approach for JPME; and
(C) a proposed career learning plan, provided to an officer
every two years, to track the progress of such officer in
achieving PME and JPME outcomes and other career milestones.
(3) Curriculum evaluation.--An evaluation of curricula of
institutions of PME, including--
(A) compliance with subject matter requirements under
chapter 107 of title 10, United States Code;
(B) legislative recommendations regarding such subject
matter requirements, including whether to include the national
defense strategy in such requirements;
(C) the curriculum development process, including whether
such process is responsive to changing global threats, and any
ways to improve such process to be able to make rapid, relevant,
and responsive curriculum updates;
(D) current modes of instruction and related
recommendations, including the use of interactive seminars, war
games, simulations, experiential learning, and iterative case
studies;
(E) special areas of focus regarding innovation, including
disruptive change, adaptive thinking, design thinking, cyber
security, artificial intelligence, applied design for
innovation, and other areas the Secretary determines
appropriate; and
(F) the development and assessment of learning outcomes
regarding lethality and strategic influence.
(4) Systems of accountability and performance.--An evaluation of the
following accountability and performance systems:
(A) Student performance assessments.
(B) The documentation of student performance in military
service records.
(C) Consideration of student performance records in the
determination of assignments and promotions.
(D) Consideration of expertise or academic focus in the
determination of assignments.
(5) Academic faculty and student review system.--A summary of
current processes to review the following:
(A) The means by which faculty assigned to teach PME
(including members of the Armed Forces and civilian personnel)
are selected, managed, promoted, and evaluated.
(B) The academic freedom of faculty described in
subparagraph (A).
(C) A review of how members are selected for residential and
non-residential PME, including the consideration of student
performance assessments during PME.
(6) Interactions of with institutions of pme civilian
institutions.--
(A) Partnerships.--A review of existing academic
partnerships between institutions of PME and civilian
institutions, including--
(i) the scopes, purposes, and lengths of such
partnerships;
(ii) any research, curriculum development, or
sharing of faculty or students between institutions; and
(iii) any collaborations or exchanges by faculties
or students.
(B) Consortium.--An appraisal of a prospective consortium of
institutions of PME and civilian institutions, including--
(i) the feasability and advisability of establishing
such a consortium;
(ii) recommendations, if any, regarding potential
consortium members;
(iii) the anticipated costs and timeline to
establish such a consortium; and
(iii) whether the inclusion of the Naval
Postgraduate School or Air Force Institute of Technology
in such a consortium would require legislation.
(7) Organization.--With regards to the organizational structure and
lines of authority established pursuant to section 2152 of title 10,
United States Code--
(A) an analysis; and
(B) any legislative recommendations.
(c) Interim Briefings and Final Report.--
(1) Initial briefing.--Not later than June 1, 2023, the Secretary of
Defense shall provide to the Committees on Armed Services of the House
of Representatives and the Senate an initial briefing on the progress of
the Secretary in preparing the report.
(2) Interim briefings.--Every six months after the initial briefing,
the Secretary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate an interim
briefing on the progress and contents of the report.
(3) Final briefing.--Not later than December 1, 2025, in conjunction
with issuance of the final report, the Secretary of Defense shall
provide to the Committees on Armed Services of the Senate and House of
Representatives a final briefing on the findings and recommendations in
the report.
(d) Definitions.--In this section:
(1) The term ``institutions of PME'' means--
(A) the professional military education schools;
(B) the senior level service schools;
(C) the intermediate level service schools;
(D) the joint intermediate level service school;
(E) the Naval Postgraduate School; and
(F) the Air Force Institute of Technology.
(2) The terms ``intermediate level service school'', ``joint
intermediate level service school'', and ``senior level service school''
have the meaning given such terms in section 2151 of title 10, United
States Code.
(3) The term ``JPME'' means ``joint professional military
education'' has the meaning given such term in section 2151 of title 10,
United States Code.
(4) The term ``PME'' means professional military education,
including JPME.
(5) The term ``professional military education schools'' means the
schools specified in section 2162(b) of title 10, United States Code.
SEC. 558. REPORT ON TREATMENT OF CHINA IN CURRICULA OF PROFESSIONAL MILITARY
EDUCATION.
(a) In General.--Not later than December 1, 2023, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and House of
Representatives a report regarding the treatment of China in the curricula of
institutions of military education, including changes to such treatment
implemented in the five years preceding the date of such report.
(b) Definitions.--In this section:
(1) The term ``institutions of military education'' means--
(A) the professional military education schools;
(B) the senior level service schools;
(C) the intermediate level service schools;
(D) the joint intermediate level service school;
(E) the Naval Postgraduate School; and
(F) the Air Force Institute of Technology.
(2) The terms ``intermediate level service school'', ``joint
intermediate level service school'', and ``senior level service school''
have the meaning given such terms in section 2151 of title 10, United
States Code.
(3) The term ``professional military education schools'' means the
schools specified in section 2162 of title 10, United States Code.
Subtitle G--Member Training and Transition
SEC. 561. CODIFICATION OF SKILLBRIDGE PROGRAM.
(a) In General.--Section 1143(e) of title 10, United States Code, is
amended--
(1) in the heading, by adding ``; Skillbridge'' after ``Training'';
and
(2) in paragraph (1), by adding at the end ``Such a program shall be
known as `Skillbridge'.''.
(b) Regulations.--To carry out Skillbridge, the Secretary of Defense shall,
not later than September 30, 2023--
(1) update Department of Defense Instruction 1322.29, titled ``Job
Training, Employment Skills Training, Apprenticeships, and Internships
(JTEST-AI) for Eligible Service Members''; and
(2) develop a funding plan for Skillbridge that includes funding
lines across the future-years defense program under section 221 of title
10, United States Code.
SEC. 562. PILOT PROGRAM ON REMOTE PERSONNEL PROCESSING IN THE ARMY.
(a) Establishment.--Not later than January 1, 2024, the Secretary of the
Army shall implement a pilot program to expedite in-processing and out-
processing at one or more military installations--
(1) under the jurisdiction of such Secretary; and
(2) located within the continental United States.
(b) Functions.--The pilot program shall perform the following functions:
(1) Enable the remote in-processing and out-processing of covered
personnel, including by permitting covered personnel to sign forms
electronically.
(2) Reduce the number of hours required of covered personnel for in-
processing and out-processing.
(3) Provide, to covered personnel and the commander of a military
installation concerned, electronic copies of records related to in-
processing and out-processing.
(c) Termination.--The pilot program shall terminate on January 1st, 2027.
(d) Report.--Not later than January 1, 2026, the Secretary shall submit to
the Committees on Armed Services of the Senate and House of Representatives a
report regarding the pilot program, including the recommendation of the
Secretary whether to make the pilot program permanent.
(e) Definitions.--In this section:
(1) The term ``covered personnel'' includes members of the Army and
civilian employees of the Department of the Army.
(2) The term ``in-processing'' means the administrative activities
that covered personnel undertake pursuant to a permanent change of
station.
(3) The term ``out-processing'' means the administrative activities
that covered personnel undertake pursuant to a permanent change of
station, separation from the Army, or end of employment with the
Department of the Army.
SEC. 563. ANNUAL REPORT ON MEMBERS SEPARATING FROM ACTIVE DUTY WHO FILE CLAIMS
FOR DISABILITY BENEFITS.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, and not later than each January 1 thereafter through
2025, the Secretary of Defense, in consultation with the Secretary of Veterans
Affairs, shall submit to the appropriate congressional committees a report on
members of the Armed Forces who file claims for disability benefits.
(b) Elements.--The report under this section shall include, for the period
beginning on October 1, 2019, through the month that ended most recently before
the date of the report, the number of members serving on active duty,
disaggregated by Armed Force, who filed a claim for disability benefits--
(1) more than 180 days before the discharge or release of such
member from active duty;
(2) between 180 and 90 days before the discharge or release of such
member from active duty;
(3) fewer than 90 days before the discharge or release of such
member from active duty;
(4) before separation and was issued a decision letter before the
discharge or release of such member from active duty;
(5) before separation and was issued a decision letter after the
discharge or release of such member from active duty;
(6) completed a mental health evaluation before the discharge or
release of such member from active duty; and
(7) did not complete a mental health evaluation before the discharge
or release of such member from active duty.
(c) Appropriate Congressional Committees Defined.--In this section, the term
``appropriate congressional committees'' means the following:
(1) The Committees on Armed Services of the Senate and House of
Representatives.
(2) The Committees on Veterans' Affairs of the Senate and House of
Representatives.
SEC. 564. FEMALE MEMBERS OF CERTAIN ARMED FORCES AND CIVILIAN EMPLOYEES OF THE
DEPARTMENT OF DEFENSE IN STEM.
(a) Study on Members and Civilians.--Not later than September 30, 2023, the
Secretary of Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives a briefing containing the results of a study
on how to increase participation of covered individuals in positions in the
covered Armed Forces or Department of Defense and related to STEM.
(b) Definitions.--In this section:
(1) The term ``covered Armed Force'' means an Armed Force under the
jurisdiction of the Secretary of a military department.
(2) The term ``covered individual'' means a female--
(A) member of a covered Armed Force; or
(B) civilian employee of the Department of Defense.
(3) The term ``STEM'' means science, technology, engineering, and
mathematics.
Subtitle H--Military Family Readiness and Dependents' Education
SEC. 571. CLARIFICATION AND EXPANSION OF AUTHORIZATION OF SUPPORT FOR CHAPLAIN-
LED PROGRAMS FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--Section 1789 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``chaplain-led programs'' and inserting ``a
chaplain-led program'';
(B) by striking ``members of the armed forces'' and all that
follows through ``status and their immediate family members,''
and inserting ``a covered individual''; and
(C) by inserting ``, or to support the resiliency, suicide
prevention, or holistic wellness of such covered individual''
after ``structure'';
(2) in subsection (b)--
(A) by striking ``members of the armed forces and their
family members'' and inserting ``a covered individual'';
(B) by striking ``programs'' and inserting ``a program'';
and
(C) by striking ``retreats and conferences'' and inserting
``a retreat or conference''; and
(3) by striking subsection (c) and inserting the following:
``(c) Covered Individual Defined.--In this section, the term `covered
individual' means--
``(1) a member of the armed forces on active duty;
``(2) a member of the reserve components in an active status; or
``(3) a dependent of an individual described in subparagraph (A) or
(B).''.
(b) Annual Briefings.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for five years, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate and House
of Representatives a briefing on implementation of the amendments made by this
section. Each such briefing shall include the following:
(1) The frequency with which the Secretaries of the military
departments used the authority under such amendments in the year
preceding the date of the briefing.
(2) Lessons learned from such usage.
SEC. 572. PILOT PROGRAM TO EXPAND ELIGIBILITY FOR ENROLLMENT AT DOMESTIC
DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS: EXTENSION; REPORT.
(a) Extension.--Section 589C(e) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C.
2164 note) is amended by striking ``four years after the date of the enactment
of this Act'' and inserting ``on July 1, 2029''.
(b) Report Required.--
(1) In general.--Not later than December 31, 2028, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the conduct of the pilot
program under such section.
(2) Elements.--The report shall include a description of--
(A) the locations at which the pilot program is carried out;
(B) the number of students participating in the pilot
program for each academic year by location; and
(C) the outcome measures used to gauge the value of the
pilot program to the Department of Defense.
SEC. 573. COMMERCIAL AIR WAIVER FOR NEXT OF KIN REGARDING TRANSPORTATION OF
REMAINS OF CASUALTIES.
Section 580A of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92) is amended by adding at the end the following:
``(c) Transportation of Deceased Military Member.--In the event of a death
that requires the Secretary concerned to provide a death benefit under
subchapter II of chapter 75 of title 10, United States Code, such Secretary--
``(1) shall provide the next of kin or other appropriate person a
commercial air travel use waiver for the transportation of deceased
remains of military member who dies outside of--
``(A) the United States; and
``(B) a theater of combat operations; or
``(2) may provide the next of kin or other appropriate person a
commercial air travel use waiver for the transportation of deceased
remains of military member who dies inside a theater of combat
operations.''.
SEC. 574. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MILITARY AND CIVILIAN PERSONNEL.
(a) Continuation of Authority to Assist Local Educational Agencies That
Benefit Dependents of Members of the Armed Forces and Department of Defense
Civilian Employees.--
(1) Assistance to schools with significant numbers of military
dependent students.--Of the amount authorized to be appropriated for
fiscal year 2023 by section 301 and available for operation and
maintenance for Defense-wide activities as specified in the funding
table in section 4301, $50,000,000 shall be available only for the
purpose of providing assistance to local educational agencies under
subsection (a) of section 572 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b).
(2) Local educational agency defined.--In this subsection, the term
``local educational agency'' has the meaning given that term in section
7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7713(9)).
(b) Impact Aid for Children With Severe Disabilities.--
(1) In general.--Of the amount authorized to be appropriated for
fiscal year 2023 pursuant to section 301 and available for operation and
maintenance for Defense-wide activities as specified in the funding
table in section 4301, $10,000,000 shall be available for payments under
section 363 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114
Stat. 1654A-77; 20 U.S.C. 7703a).
(2) Additional amount.--Of the amount authorized to be appropriated
for fiscal year 2023 pursuant to section 301 and available for operation
and maintenance for Defense-wide activities as specified in the funding
table in section 4301, $10,000,000 shall be available for use by the
Secretary of Defense to make payments to local educational agencies
determined by the Secretary to have higher concentrations of military
dependent students with severe disabilities.
(3) Report.--Not later than March 31, 2023, the Secretary shall
brief the Committees on Armed Services of the Senate and the House of
Representatives on the evaluation of the Secretary of each local
educational agency with higher concentrations of military dependent
students with severe disabilities and subsequent determination of the
amounts of impact aid each such agency shall receive.
SEC. 575. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF
MEMBERS OF THE ARMED FORCES WITH ENROLLMENT CHANGES DUE TO BASE
CLOSURES, FORCE STRUCTURE CHANGES, OR FORCE RELOCATIONS.
(a) Assistance Authorized.--To assist communities in making adjustments
resulting from changes in the size or location of the Armed Forces, the
Secretary of Defense shall provide financial assistance to an eligible local
educational agency described in subsection (b) if, during the period between the
end of the school year preceding the fiscal year for which the assistance is
authorized and the beginning of the school year immediately preceding that
school year, the local educational agency--
(1) had (as determined by the Secretary of Defense in consultation
with the Secretary of Education) an overall increase or reduction of--
(A) not less than five percent in the average daily
attendance of military dependent students in the schools of the
local educational agency; or
(B) not less than 500 military dependent students in average
daily attendance in the schools of the local educational agency;
or
(2) is projected to have an overall increase, between fiscal years
2023 and 2028, of not less than 500 military dependent students in
average daily attendance in the schools of the local educational agency
as the result of a signed record of decision.
(b) Eligible Local Educational Agencies.--A local educational agency is
eligible for assistance under subsection (a) for a fiscal year if--
(1) 20 percent or more of students enrolled in schools of the local
educational agency are military dependent students; and
(2) in the case of assistance described in subsection (a)(1), the
overall increase or reduction in military dependent students in schools
of the local educational agency is the result of one or more of the
following:
(A) The global rebasing plan of the Department of Defense.
(B) The official creation or activation of one or more new
military units.
(C) The realignment of forces as a result of the base
closure process.
(D) A change in the number of housing units on a military
installation.
(E) A signed record of decision.
(c) Calculation of Amount of Assistance.--
(1) Pro rata distribution.--The amount of the assistance provided
under subsection (a) to a local educational agency that is eligible for
such assistance for a fiscal year shall be equal to the product obtained
by multiplying--
(A) the per-student rate determined under paragraph (2) for
that fiscal year; by
(B) the net of the overall increases and reductions in the
number of military dependent students in schools of the local
educational agency, as determined under subsection (a).
(2) Per-student rate.--For purposes of paragraph (1)(A), the per-
student rate for a fiscal year shall be equal to the dollar amount
obtained by dividing--
(A) the total amount of funds made available for that fiscal
year to provide assistance under subsection (a); by
(B) the sum of the overall increases and reductions in the
number of military dependent students in schools of all eligible
local educational agencies for that fiscal year under that
subsection.
(3) Maximum amount of assistance.--A local educational agency may
not receive more than $15,000,000 in assistance under subsection (a) for
any fiscal year.
(d) Duration.--Assistance may not be provided under subsection (a) after
September 30, 2028.
(e) Notification.--Not later than June 30, 2023, and June 30 of each fiscal
year thereafter for which funds are made available to carry out this section,
the Secretary of Defense shall notify each local educational agency that is
eligible for assistance under subsection (a) for that fiscal year of--
(1) the eligibility of the local educational agency for the
assistance; and
(2) the amount of the assistance for which the local educational
agency is eligible.
(f) Disbursement of Funds.--The Secretary of Defense shall disburse
assistance made available under subsection (a) for a fiscal year not later than
30 days after the date on which notification to the eligible local educational
agencies is provided pursuant to subsection (e) for that fiscal year.
(g) Briefing Required.--Not later than March 1, 2023, the Secretary of
Defense shall brief the Committees on Armed Services of the Senate and the House
of Representatives on the estimated cost of providing assistance to local
educational agencies under subsection (a) through September 30, 2028.
(h) Eligible Uses.--Amounts disbursed to a local education agency under
subsection (f) may be used by such local educational agency for--
(1) general fund purposes;
(2) special education;
(3) school maintenance and operation;
(4) school expansion; or
(5) new school construction.
(i) Funding.--
(1) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for Operation and Maintenance, Defense-wide, Department of
Defense Education Activity, Line 390, as specified in the corresponding
funding table in section 4301, is hereby increased by $15,000,000 for
purposes of this section.
(2) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for Operation and Maintenance, Defense-wide, for Washington
Headquarters Services, Line 500, as specified in the corresponding
funding table in section 4301, is hereby reduced by $15,000,000.
(j) Definitions.--In this section:
(1) The term ``base closure process'' means any base closure and
realignment process conducted after the date of the enactment of this
Act under section 2687 of title 10, United States Code, or any other
similar law enacted after that date.
(2) The term ``local educational agency'' has the meaning given that
term in section 7013(9) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7713(9)).
(3) The term ``military dependent students'' means--
(A) elementary and secondary school students who are
dependents of members of the Armed Forces; and
(B) elementary and secondary school students who are
dependents of civilian employees of the Department of Defense.
(4) The term ``State'' means each of the several States and the
District of Columbia.
SEC. 576. PILOT PROGRAM ON HIRING OF SPECIAL NEEDS INCLUSION COORDINATORS FOR
DEPARTMENT OF DEFENSE CHILD DEVELOPMENT CENTERS.
(a) In General.--The Secretary of Defense, in coordination with the
Secretaries of the military departments, shall carry out a pilot program to hire
special needs inclusion coordinators at child development centers selected by
the Secretary under subsection (b).
(b) Selection of Centers.--The Secretary of Defense shall select the child
development centers at which the pilot program required by subsection (a) will
be carried out based on--
(1) the number of dependent children enrolled in the Exceptional
Family Member Program at the military installation on which the center
in located;
(2) the number of children with special needs enrolled in the
center; and
(3) such other considerations as the Secretary, in consultation with
the Secretaries of the military departments, considers appropriate.
(c) Functions.--Each special needs inclusion coordinator assigned to a child
development center under the pilot program required by subsection (a) shall--
(1) coordinate intervention and inclusion services at the center;
(2) provide direct classroom support; and
(3) provide guidance and assistance relating to the increased
complexity of working with the behaviors of children with special needs.
(d) Briefings Required.--
(1) Briefing on anticipated costs.--Not later than March 1, 2023,
the Secretary of Defense shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a briefing on
the anticipated costs for the pilot program required by subsection (a).
(2) Briefing on effectiveness of program.--Not later than September
30, 2025, the Secretary of Defense shall provide to the Committees on
Armed Services of the Senate and the House of Representatives a briefing
on the pilot program required by subsection (a) that includes--
(A) the number of special needs inclusion coordinators hired
under the pilot program;
(B) a description of any issues relating to the retention of
those coordinators;
(C) a recommendation with respect to whether the pilot
program should be made permanent or expanded to other military
installations; and
(D) an assessment of the amount of funding required to make
the pilot program permanent or expand the pilot program to other
military installations, as the Secretary recommends under
subparagraph (C).
(e) Duration of Pilot Program.--The pilot program required by subsection (a)
shall--
(1) commence not later than January 1, 2024; and
(2) terminate on December 31, 2026.
(f) Child Development Center Defined.--In this section, the term ``child
development center'' has the meaning given that term in section 2871(2) of title
10, United States Code, and includes a facility identified as a child care
center or day care center.
SEC. 577. PROMOTION OF CERTAIN CHILD CARE ASSISTANCE.
(a) In General.--Each Secretary concerned shall promote, to members of the
Armed Forces under the jurisdiction of such Secretary concerned, awareness of
child care assistance available under--
(1) section 1798 of title 10, United States Code; and
(2) section 589 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C.
1791 note).
(b) Reporting.--Not later than one year after the date of the enactment of
this Act, each Secretary concerned shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report summarizing
activities taken by such Secretary concerned to carry out subsection (a).
(c) Secretary Concerned Defined.--In this section, the term ``Secretary
concerned'' has the meaning given such term in section 101 of title 10, United
States Code.
SEC. 578. INDUSTRY ROUNDTABLE ON MILITARY SPOUSE HIRING.
(a) In General.--Not later than 180 days after the date of the enactment of
this Act, the Under Secretary of Defense for Personnel and Readiness shall seek
to convene an industry roundtable to discuss the hiring of military spouses.
Such discussion shall include the following elements:
(1) The value of, and opportunities to, private entities that hire
military spouses.
(2) Career opportunities for military spouses.
(3) Understanding the challenges that military spouses encounter in
the labor market.
(4) Gaps and opportunities in the labor market for military spouses.
(5) Best hiring practices from industry leaders in human resources.
(6) The benefits of portable licenses and interstate licensure
compacts for military spouses.
(b) Participants.--The participants in the roundtable shall include the
following:
(1) The Under Secretary of Defense for Personnel and Readiness.
(2) The Assistant Secretary for Manpower and Reserve Affairs of each
military department.
(3) The Director of the Defense Human Resources Activity.
(4) Other officials of the Department of Defense the Secretary of
Defense determines appropriate.
(5) Private entities that elect to participate.
(c) Notice.--The Under Secretary shall publish notice of the roundtable in
multiple private sector forums and the Federal Register to encourage
participation in the roundtable by private entities and entities interested in
the hiring of military spouses.
(d) Briefing.--Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall provide a briefing to the Committees on
Armed Services of the Senate and House of Representatives on the lessons learned
from the roundtable, including the recommendation of the Secretary whether to
convene the roundtable annually.
SEC. 579. RECOMMENDATIONS FOR THE IMPROVEMENT OF THE MILITARY INTERSTATE
CHILDREN'S COMPACT.
(a) Recommendations Required.--The Secretaries concerned, in consultation
with States through the Defense-State Liaison Office, shall develop
recommendations to improve the Military Interstate Children's Compact.
(b) Considerations.--In carrying out subsection (a), the Secretaries
concerned shall--
(1) identify any barriers--
(A) to the ability of a parent of a transferring military-
connected child to enroll the child, in advance, in an
elementary or secondary school in the State in which the child
is transferring, without requiring the parent or child to be
physically present in the State; and
(B) to the ability of a transferring military-connected
child who receives special education services to gain access to
such services and related supports in the State to which the
child transfers within the timeframes required under the
Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.);
(2) consider the feasibility and advisability of--
(A) tracking and reporting the number of families who use
advanced enrollment in States that offer advanced enrollment to
military-connected children;
(B) States clarifying in legislation that eligibility for
advanced enrollment requires only written evidence of a
permanent change of station order, and does not require a parent
of a military-connected child to produce a rental agreement or
mortgage statement; and
(C) the Secretary of Defense, in coordination with the
Military Interstate Children's Compact, developing a letter or
other memorandum that military families may present to local
educational agencies that outlines the protections afforded to
military-connected children by the Military Interstate
Children's Compact; and
(3) identify any other actions that may be taken by the States
(acting together or separately) to improve the Military Interstate
Children's Compact.
(c) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretaries concerned shall submit to the Committees
on Armed Services of the Senate and House of Representatives, and to the States,
a report setting forth the recommendations developed under subsection (a).
(d) Definitions.--In this section:
(1) The terms ``armed forces'', ``active duty'' and ``congressional
defense committees'' have the meanings given those terms in section 101
of title 10, United States Code.
(2) The terms ``child'', ``elementary school'', ``local educational
agency'', ``secondary school'', ``parent'', and ``State'' have the
meanings given those terms in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(3) The term ``Military Interstate Children's Compact'' means the
Interstate Compact on Educational Opportunity for Military Children as
described in Department of Defense Instruction 1342.29, dated January
31, 2017 (or any successor to such instruction).
(4) The term ``Secretary concerned'' means--
(A) the Secretary of Defense, with respect to matters
concerning the Department of Defense; and
(B) the Secretary of the department in which the Coast Guard
is operating, with respect to matters concerning the Coast Guard
when it is not operating as a service in the Department of the
Navy.
(5) The term ``transferring military-connected child'' means the
child of a parent who--
(A) is serving on active duty in the Armed Forces;
(B) is changing duty locations due to a permanent change of
station order; and
(C) has not yet established an ongoing physical presence in
the State to which the parent is transferring.
SEC. 579A. FEASIBILITY OF INCLUSION OF AU PAIRS IN PILOT PROGRAM TO PROVIDE
FINANCIAL ASSISTANCE TO MEMBERS OF THE ARMED FORCES FOR IN-HOME
CHILD CARE.
Not later than one year after the date of the enactment of this Act, the
Secretary of Defense, in coordination with the Secretary of State, shall submit,
to the Committees on Armed Services of the Senate and House of Representatives,
a briefing containing the assessment of the Secretary of Defense of the
feasibility, advisability, and considerations of expanding eligibility for the
pilot program under section 589 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C.
1791 note) to members of the Armed Forces who participate in an exchange visitor
program under section 62.31 of title 22, Code of Federal Regulations, or
successor regulation.
SEC. 579B. BRIEFING ON POLICIES REGARDING SINGLE PARENTS SERVING AS MEMBERS OF
THE ARMED FORCES.
Not later than September 30, 2023, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of Representatives a
briefing on regulations and rules of the Department of Defense regarding single
parents serving as members of the Armed Forces. Such briefing shall include ways
the Secretary has determined to improve such regulations and rules.
SEC. 579C. PUBLIC REPORTING ON CERTAIN MILITARY CHILD CARE PROGRAMS.
Not later than September 30, 2023, and each calendar quarter thereafter, the
Secretary of Defense shall post, on a publicly accessible website of the
Department of Defense, information regarding the Military Child Care in Your
Neighborhood and Military Child Care in Your Neighborhood-Plus programs,
disaggregated by State, ZIP code, and Armed Force. Such information shall
include whether each such provider is nationally accredited or rated by the
Quality Rating and Improvement System of the State.
SEC. 579D. BRIEFING ON VERIFICATION OF ELIGIBLE FEDERALLY CONNECTED CHILDREN FOR
PURPOSES OF FEDERAL IMPACT AID PROGRAMS.
Not later than February 1, 2023, the Secretary of Defense, in consultation
with the Secretaries of the military departments, shall brief the Committees on
Armed Services of the Senate and House of Representatives on the following:
(1) The feasibility of developing a process whereby the commander of
a military installation may certify the information contained in impact
aid source check forms received by such commander from local educational
agencies as of the date of such certification.
(2) An estimate of resources, per military installation concerned,
necessary to implement such a process, including personnel, information
technology, and other costs.
(3) The estimated time required to implement such a process,
including time for the Secretary of Defense to develop guidance
regarding such a process.
(4) The possible benefits of working with local educational agencies
to ensure that impact aid source check forms are submitted appropriately
to enable such certification.
SEC. 579E. SENSE OF CONGRESS ON RIGHTS OF PARENTS OF CHILDREN ATTENDING SCHOOLS
OPERATED BY THE DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.
(a) Sense of Congress.--It is the sense of Congress that the parent of a
child who attends a school operated by the Department of Defense Education
Activity has parental rights as previously established by the Activity,
including the following:
(1) The right to information about the curriculum and instructional
materials of the school.
(2) The right to be informed if the school or Department of Defense
Education Activity alters the school's academic standards or learning
benchmarks.
(3) The right to meet with each teacher of their child not less than
twice during each school year, including meetings in the form of parent-
teacher conferences.
(4) The right to information about the budget of the school.
(5) The right to request information regarding the professional
qualifications of their child's classroom teacher.
(6) The right to address the school advisory committee or the school
board.
(7) The right to information about the school's discipline policy,
including policies related to responding to any violent activity in the
school.
(8) The right to information about any plans to eliminate gifted and
talented programs or accelerated coursework at the school.
(9) The right to be informed of the results of environmental testing
and safety at school facilities.
(b) Report.--Not later than six months after the date of the enactment of
this Act and consistent with the parental rights specified in subsection (a),
the Director of the Department of Defense Education Activity shall submit to the
Committees on Armed Services of the Senate and the House of Representatives a
report on the parental rights specified in such subsection. The report shall
include, with respect to the schools operated by the Department of Defense
Education Activity, an explanation of--
(1) how and where a parent may access information about their
rights;
(2) the accessibility of that information;
(3) how such schools inform parents of their rights and the means to
access such rights; and
(4) the uniformity of parental rights across such schools.
(c) Definition.--In this section, the term ``school operated by the
Department of Defense Education Activity'' means--
(1) a Department of Defense domestic dependent elementary or
secondary school, as described in section 2164 of title 10, United
States Code; or
(2) any other elementary or secondary school or program for
dependents operated by the Department of Defense Education Activity.
Subtitle I--Decorations, Awards, and Other Honors
SEC. 581. CLARIFICATION OF PROCEDURE FOR BOARDS FOR THE CORRECTION OF MILITARY
RECORDS TO REVIEW DETERMINATIONS REGARDING CERTAIN DECORATIONS.
Section 1552 of title 10, United States Code, is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting, after subsection (i), the following new
subsection:
``(j) For a recommendation to award or upgrade a military decoration or
award submitted pursuant to section 1130 of this title, a board determination in
favor of the claimant shall allow such a recommendation to proceed, and an award
or upgrade to be made by the applicable award authority, without regard to the
statutory time limitation contained in section 7274, section 8298, or section
9274 of this title, as the case may be.''.
SEC. 582. AUTHORIZATIONS FOR CERTAIN AWARDS.
(a) Authorization for Award of the Medal of Honor to Fred McGee for Acts of
Valor on June 16, 1952.--
(1) Authorization.--Notwithstanding the time limitations specified
in section 7274 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons who
served in the Armed Forces, the President may award the Medal of Honor
under section 7272 of such title to Fred McGee for the acts of valor
described in the paragraph (2).
(2) Acts of valor described.--The acts of valor described in this
paragraph are the actions of Fred McGee as a corporal in the Army on
June 16, 1952, for which he was previously awarded the Silver Star.
(b) Authorization for Award of the Medal of Honor to David R. Halbruner for
Acts of Valor on September 11-12, 2012.--
(1) Authorization.--Notwithstanding the time limitations specified
in section 7274 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons who
served in the Armed Forces, the President may award the Medal of Honor
under section 7272 of such title to David R. Halbruner for the acts of
valor described in the paragraph (2).
(2) Acts of valor described.--The acts of valor described in this
paragraph are the actions of David R. Halbruner as a master sergeant in
the Army on September 11-12, 2012, for which he was previously awarded
the Distinguished-Service Cross.
SEC. 583. POSTHUMOUS APPOINTMENT OF ULYSSES S. GRANT TO GRADE OF GENERAL OF THE
ARMIES OF THE UNITED STATES.
The President is authorized to appoint Ulysses S. Grant posthumously to the
grade of General of the Armies of the United States, equal to the rank and
precedence held by General John J. Pershing pursuant to the Act titled ``An Act
Relating to the creation of the office of General of the Armies of the United
States'', approved September 3, 1919 (41 Stat. 283, ch. 56).
SEC. 584. ENHANCED INFORMATION RELATED TO AWARDING OF THE PURPLE HEART.
(a) Publication of Award Criteria.--Not later than 180 days after the date
of the enactment of this Act, each Chief of an Armed Force shall publish on a
publicly available website of such Armed Force includes a link to--
(1) a description of the background of the Purple Heart;
(2) the eligibility criteria for awarding the Purple Heart; and
(3) contact information for the awards and decorations liaison of
such Armed Force to facilitate confirmation, by a veteran or a veteran's
next of kin, whether a veteran was awarded the Purple Heart after
December 31, 2002.
(b) Report.--Not later than one year after the date of the enactment of this
Act, each Chief of an Armed Force shall submit to the congressional defense
committees a report on implementation of the requirements under subsection (a).
The report shall--
(1) provide background on the website described in such subsection;
(2) include the number of requests received by the Armed Force
related to confirming the award of a Purple Heart;
(3) describe the average response time for confirming the award of a
Purple Heart in response to an inquiry from a veteran or next of kin;
and
(4) include recommendations for decreasing the amount of time taken
to respond to such inquiries.
Subtitle J--Miscellaneous Reports and Other Matters
SEC. 591. REPORT ON NON-CITIZEN MEMBERS OF THE ARMED FORCES.
Section 115a of title 10, United States Code, is amended by adding at the
end the following new subsection:
``(h) Not later than April 1 each year, the Secretary shall submit to
Congress a report that sets forth the following with respect to personnel:
``(1) The number of members of the Armed Forces who are not citizens
of the United States during the year covered by such report.
``(2) The immigration status of such members.
``(3) The number of such members naturalized.''.
SEC. 592. NOTIFICATION ON MANNING OF AFLOAT NAVAL FORCES: MODIFICATIONS;
CODIFICATION.
(a) Repeals.--
(1) Sunset.--Subsection (e) of section 597 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C.
8013 note) is repealed.
(2) Obsolete provision.--Subsection (f) of such section is repealed.
(b) Definitions: Addition; Clerical Improvements.--Subsection (d) of such
section--
(1) is amended--
(A) by redesignating paragraphs (1), (2), and (3) as
paragraphs (3), (2), and (1), respectively;
(B) by striking the heading of each such paragraph; and
(C) by adding at the end the following new paragraph:
``(4) The term `surface combatant vessel' means any littoral combat
ship (including the LCS-1 and LCS-2 classes), frigate (including the
FFG-62 class), destroyer (excluding the DDG-1000 class), or cruiser
(including the CG-47 class).''; and
(2) is redesignated as subsection (e).
(c) Establishment of Certain Crewing Requirement.--Such section is amended
by inserting, after subsection (c), the following new subsection (d):
``(d) Crewing of a Surface Combatant Vessel: Prohibition; Exception.--(1)
Beginning on October 1, 2025, the Secretary of the Navy may not assign more than
one crew to a covered ship that is a surface combatant vessel if any surface
combatant vessel was included in a notification under subsection (a) during the
12 months preceding such assignment.
``(2) The prohibition under paragraph (1) shall not apply to a littoral
combat ship configured to conduct mine countermeasures if the Secretary of the
Navy submits to the congressional defense committees a certification and
detailed explanation that such ship is unable to meet operational requirements
regarding mine countermeasures, determined by the commander of a combatant
command concerned, with only one crew.''.
(d) Codification.--
(1) In general.--Such section, as amended by this section, is
transferred to chapter 825 of title 10, United States Code, inserted
after section 8226, and redesignated as section 8227.
(2) Clerical amendment.--The table of sections at the beginning of
such chapter is amended by adding, after the item relating to section
8226, the following new item:
``8227. Notifications on manning of afloat naval forces.''.
SEC. 593. CLARIFICATION OF AUTHORITY OF NCMAF TO UPDATE CHAPLAINS HILL AT
ARLINGTON NATIONAL CEMETERY.
Section 584(a) of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 38 U.S.C. 2409 note) is amended by adding at the end
the following new paragraph:
``(4) Authority of secretary of the army.--The Secretary of the Army
may permit NCMAF to carry out any action authorized by this subsection
without regard to the time limitation under section 2409(b)(2)(C) of
title 38, United States Code.''.
SEC. 594. DISINTERMENT OF REMAINS OF ANDREW CHABROL FROM ARLINGTON NATIONAL
CEMETERY.
(a) Disinterment.--Not later than September 30, 2023, the Secretary of the
Army shall disinter the remains of Andrew Chabrol from Arlington National
Cemetery.
(b) Notification.--The Secretary of the Army may not carry out subsection
(a) until after notifying the next of kin of Andrew Chabrol.
(c) Disposition.--After carrying out subsection (a), the Secretary of the
Army shall--
(1) relinquish the remains to the next of kin described in
subsection (b); or
(2) if no such next of kin responds to notification under subsection
(b), arrange for disposition of the remains as the Secretary of the Army
determines appropriate.
SEC. 595. PILOT PROGRAM ON SAFE STORAGE OF PERSONALLY OWNED FIREARMS.
(a) Establishment.--The Secretary of Defense shall establish a pilot program
to promote the safe storage of personally owned firearms.
(b) Elements.--Under the pilot program under subsection (a), the Secretary
of Defense shall furnish to members of the Armed Forces who are participating in
the pilot program at military installations selected under subsection (e)
locking devices or firearm safes, or both, for the purpose of securing
personally owned firearms when not in use (including by directly providing,
subsidizing, or otherwise making available such devices or safes).
(c) Participation.--
(1) Voluntary participation.--Participation by members of the Armed
Forces in the pilot program under subsection (a) shall be on a voluntary
basis.
(2) Location of participants.--A member of the Armed Forces may
participate in the pilot program under subsection (a) carried out at a
military installation selected under subsection (e) regardless of
whether the member resides at the military installation.
(d) Plan.--Not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a plan for the implementation of
the pilot program under subsection (a).
(e) Selection of Installations.--Not later than two years after the date of
the enactment of this Act, the Secretary of Defense shall select not fewer than
five military installations at which to carry out the pilot program under
subsection (a).
(f) Effect on Existing Policies.--Nothing in this section shall be construed
to circumvent or undermine any existing safe storage policies, laws, or
regulations on military installations.
(g) Report.--Upon the termination under subsection (h) of the pilot program
under subsection (a), the Secretary of Defense shall submit to the congressional
defense committees a report containing the following information:
(1) The number and type of locking devices and firearm safes
furnished to members of the Armed Forces under the pilot program.
(2) The cost of carrying out the pilot program.
(3) An analysis of the effect of the pilot program on suicide
prevention.
(4) Such other information as the Secretary may determine
appropriate, which shall exclude any personally identifiable information
about participants in the pilot program.
(h) Termination.--The pilot program under subsection (a) shall terminate on
the date that is six years after the date of the enactment of this Act.
SEC. 596. PILOT PROGRAM ON CAR SHARING ON REMOTE OR ISOLATED MILITARY
INSTALLATIONS.
(a) Determination.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall determine whether it is feasible and
advisable to carry out a pilot program to allow car sharing on more than two
remote or isolated military installations.
(b) Authority.--If the Secretary determines that such a pilot program is
feasible and advisable, the Secretary shall submit to the congressional defense
committees a plan to carry out the pilot program not later than 90 days after
such determination.
(c) Program Elements.--To carry out a pilot program under this section, the
Secretary shall take steps including the following:
(1) Seek to enter into an agreement with an entity that--
(A) provides car sharing services; and
(B) is capable of serving the selected military
installations.
(2) Provide to members assigned to such military installations the
resources the Secretary determines necessary to participate in such
pilot program.
(3) Promote such pilot program to such members as the Secretary
determines.
(d) Duration.--A pilot program under this section shall terminate two years
after the Secretary commences such pilot program.
(e) Report.--Upon the termination of a pilot program under this section, the
Secretary of Defense shall submit to the congressional defense committees a
report containing the following information:
(1) The number of individuals who used car sharing services offered
pursuant to the pilot program.
(2) The cost to the United States of the pilot program.
(3) An analysis of the effect of the pilot program on mental health
and community connectedness of members described in subsection (b)(2).
(4) Other information the Secretary determines appropriate.
(f) Military Installation Defined.--In this section, the term ``military
installation'' has the meaning given such term in section 2801 of title 10,
United States Code.
SEC. 597. BRIEFING ON THE EFFECTS OF ECONOMIC INFLATION ON MEMBERS OF THE ARMED
FORCES.
The Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives a briefing on the extent to which
economic inflation has affected members of the Armed Forces.
SEC. 598. STUDY ON IMPROVEMENT OF ACCESS TO VOTING FOR MEMBERS OF THE ARMED
FORCES OVERSEAS.
(a) Study Required.--The Director of the Federal Voting Assistance Program
of the Department of Defense shall conduct a study on means of improving access
to voting for members of the Armed Forces overseas.
(b) Report.--Not later than September 30, 2024, the Director shall submit to
Congress a report on the results of the study conducted under subsection (a).
The report shall include the following:
(1) The results of a survey, undertaken for purposes of the study,
of Voting Assistance Officers and members of the Armed Forces overseas
on means of improving access to voting for such members, including
through the establishment of unit-level assistance mechanisms or
permanent voting assistance offices.
(2) An estimate of the costs and requirements in connection with an
expansion of the number of Voting Assistance Officers in order to fully
meet the needs of members of the Armed Forces overseas for access to
voting.
(3) A description and assessment of various actions to be undertaken
under the Federal Voting Assistance Program in order to increase the
capabilities of the Voting Assistance Officer program.
SEC. 599. REPORT ON INCIDENCE OF MILITARY SUICIDES BY MILITARY JOB CODE.
(a) Report.--Not later than December 31, 2023, the Secretary of Defense, in
coordination with the Secretary of Homeland Security with regards to the Coast
Guard, shall conduct a review and submit to the Committees on Armed Services of
the Senate and House of Representatives a report on the rates of suicides in the
Armed Forces, beginning after September 11, 2001, disaggregated by--
(1) year;
(2) military job code (Army military occupational specialty, Navy
enlisted classification or billet, Marine Corps military occupational
specialty, Air Force specialty code, or Coast Guard rating); and
(3) whether the member was serving on active duty, in the National
Guard, or as a Reserve.
(b) Elements.--The report required under subsection (a) shall include the
following elements:
(1) A compilation of suicide data by military job code to determine
which military career fields have a higher per capita suicide rate
compared to--
(A) other military career fields for the same period;
(B) the overall suicide rate for each Armed Force for the
same period;
(C) the overall suicide rate for the Department of Defense
for the same period; and
(D) the national suicide rate for the same period.
(2) A disaggregation of suicide data by age categories consistent
with the age categories used in the Department of Defense Annual Suicide
Report.
(c) Interim Briefing.--Not later than June 1, 2023, the Secretary of Defense
shall provide to the Committees on Armed Services of the Senate and House of
Representatives a briefing on the preliminary findings of the review conducted
under this section.
SEC. 599A. REPORT ON EFFORTS TO PREVENT AND RESPOND TO DEATHS BY SUICIDE IN THE
NAVY.
(a) Review Required.--The Inspector General of the Department of Defense
shall conduct a review of the efforts by the Secretary of the Navy to--
(1) prevent incidents of deaths by suicide, suicide attempts, and
suicidal ideation among covered members; and
(2) respond to such incidents.
(b) Elements of Review.--The study conducted under subsection (a) shall
include an assessment of each of the following:
(1) The extent of data collected regarding incidents of deaths by
suicide, suicide attempts, and suicidal ideation among covered members,
including data regarding whether such covered members are assigned to
sea duty or shore duty at the time of such incidents.
(2) The means used by commanders to prevent and respond to incidents
of deaths by suicide, suicide attempts, and suicidal ideation among
covered members.
(3) Challenges related to--
(A) the prevention of incidents of deaths by suicide,
suicide attempts, and suicidal ideation among members of the
Navy assigned to sea duty; and
(B) the development of a response to such incidents.
(4) The capacity of teams providing mental health services to
covered members to respond to incidents of suicidal ideation or suicide
attempts among covered members in the respective unit each such team
serves.
(5) The means used by such teams to respond to such incidents,
including the extent to which post-incident programs are available to
covered members.
(6) Such other matters as the Inspector General considers
appropriate in connection with the prevention of deaths by suicide,
suicide attempts, and suicidal ideation among covered members.
(c) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Department of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report that includes a summary of the results of the review
conducted under subsection (a).
(d) Covered Member Defined.--In this section the term ``covered member''
means a member of the Navy assigned to sea duty or shore duty.
SEC. 599B. REPORT ON OFFICER PERSONNEL MANAGEMENT AND THE DEVELOPMENT OF THE
PROFESSIONAL MILITARY ETHIC OF THE SPACE FORCE.
(a) Report Required.--Not later than June 1, 2023, the Secretary of the Air
Force shall submit to the Committees on Armed Services of the Senate and House
of Representatives a report on officer personnel management and the development
of the professional military ethic of the Space Force.
(b) Elements.--The report required under subsection (a) shall include the
following elements:
(1) A description of issues related to officer development in the
Space Force, including--
(A) the professional military education model for
professional education of, and continual learning for, officers
of the Space Force;
(B) the career development model for officers of the Space
Force, including key knowledge, skills, and attributes expected
of Space Force officers at each of the company grade, field
grade, and general officer levels;
(C) desired career trajectories for Space Force officers,
including key assignments throughout identified Space Force
career tracks and how the flexibility of the Space Force
Component proposal will be used to achieve these desired career
paths;
(D) how proposed constructive credit for civilian education
and non-military experience in related space industry or
government sectors will align with the proposed PME and career
development models; and
(E) how the Space Force Component proposal will enable
officers to achieve joint qualifications required for promotion
to general officer.
(2) A description of issues related to officer accessions of the
Space Force, including--
(A) the expected sources of commissioning for officers of
the Space Force, including the desired proportions of officer
assessments from the Reserve Officer Training Corps, military
service academies, Officer Training School, and direct
commissions at each grade above O-1;
(B) the role of proposed constructive credit for civilian
education and non-military experience in accessing officers at
each grade above O-1 and the extent to which the Space Force
plans to grant constructive credit in determining an officer's
entry grade at each grade above O-1; and
(C) the role of targeted recruiting, as described in the
Guardian Ideal, for officer accessions, including how it will
work, how frequently it will be used, for what positions, and
how it will fit into overall officer accessions.
(3) A description of issues related to the professional military
ethic of the Space Force, including--
(A) how the proposed talent management system, career
development model, PME model, and proposed Space Force Component
structure will affect the development of a unique military
culture of the Space Force as an Armed Force with space as a
warfighting domain;
(B) the role of the professional military ethic in the Space
Force, including expectations of commissioned officers as public
servants and military leaders;
(C) the expected role of civilian employees of the Space
Force in the development and stewardship of the Space Force as
an Armed Force, and how such employees are distinct from members
of the Space Force;
(D) the ethical implications of creating a force that is
designed to ``partner effectively with other space-interested
entities,'' as described in the Guardian Ideal, and how the
Space Force intends to address any ethical conflicts arising
from its desired close partnership with non-military and non-
governmental entities in private industry; and
(E) the specific barriers between officers, enlisted
members, and civilian employees that are described as
``unnecessary'' in the Guardian Ideal, how and why such barriers
are unnecessary for the Space Force, and any statutory or policy
changes the Space Force proposes to remove such barriers,
including any proposed changes to the Uniform Code of Military
Justice.
(4) Any other issues related to personnel management and
professional development of officers of the Space Force that the
Secretary of the Air Force determines appropriate.
(c) Definitions.--In this section:
(1) The term ``Guardian Ideal'' means the document with that title,
dated September 17, 2021, and issued by the Chief of Space Operations.
(2) The term ``PME'' means professional military education.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Bonus and Incentive Pays
Sec. 601. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 602. Increase to maximum amounts of certain bonus and special pay
authorities.
Sec. 603. Cold weather duty: authorization of assignment or special
duty pay; travel allowance for members of
the Armed Forces assigned to Alaska.
Sec. 604. Air Force rated officer retention demonstration program.
Subtitle B--Allowances Other Than Travel and Transportation Allowances
Sec. 611. Increases in maximum allowable income for purposes of
eligibility for basic needs allowance.
Sec. 612. Extension of authority to temporarily adjust basic allowance
for housing in certain areas.
Sec. 613. Temporary continuation of rate of basic allowance for housing
for members of the Armed Forces whose sole
dependent dies while residing with the
member.
Sec. 614. Basic allowance for housing for members without dependents
when home port change would financially
disadvantage member.
Sec. 615. Revival and redesignation of provision establishing benefits
for certain members assigned to the Defense
Intelligence Agency.
Sec. 616. Extension of one-time uniform allowance for officers who
transfer to the Space Force.
Sec. 617. OCONUS cost of living allowance: adjustments; notice to
certain congressional committees.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Allowable travel and transportation allowances: complex
overhaul.
Sec. 622. Expansion of authority to reimburse a member of the uniformed
services for spousal business costs arising
from a permanent change of station.
Sec. 623. Extension of authority to reimburse members for spouse
relicensing costs pursuant to a permanent
change of station.
Sec. 624. Reimbursement of a member of the uniformed services for costs
to relocate a pet that arise from a
permanent change of station.
Sec. 625. Travel and transportation allowances for certain members of
the Armed Forces who attend a professional
military education institution or training
classes.
Sec. 626. Conforming amendments to update references to travel and
transportation authorities.
Sec. 627. Pilot program to reimburse members of the Armed Forces for
certain child care costs incident to a
permanent change of station or assignment.
Subtitle D--Leave
Sec. 631. Technical amendments to leave entitlement and accumulation.
Sec. 632. Modification of authority to allow members of the Armed
Forces to accumulate leave in excess of 60
days.
Sec. 633. Convalescent leave for a member of the Armed Forces.
Subtitle E--Family and Survivor Benefits
Sec. 641. Claims relating to the return of personal effects of a
deceased member of the Armed Forces.
Sec. 642. Extension of parent fee discount to child care employees.
Sec. 643. Survivor Benefit Plan open season.
Sec. 644. Military installations with limited child care: briefing.
Sec. 645. Food insecurity among military families: data collection;
training; report.
Subtitle F--Defense Resale Matters
Sec. 651. Prohibition of the sale of certain goods from the Xinjiang
Uyghur Autonomous Region in commissaries
and exchanges.
Subtitle G--Miscellaneous Studies, Briefings and Reports
Sec. 661. Study on basic pay.
Sec. 662. Report on accuracy of basic allowance for housing.
Sec. 663. Review of dislocation and relocation allowances.
Sec. 664. Complex overhaul pay: briefing.
Sec. 665. Studies on compensation for DOD child care providers.
Sec. 666. Barriers to home ownership for members of the Armed Forces:
study; report.
Subtitle A--Bonus and Incentive Pays
SEC. 601. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL PAY
AUTHORITIES.
(a) Authorities Relating to Reserve Forces.--Section 910(g) of title 37,
United States Code, relating to income replacement payments for reserve
component members experiencing extended and frequent mobilization for active
duty service, is amended by striking ``December 31, 2022'' and inserting
``December 31, 2023''.
(b) Title 10 Authorities Relating to Health Care Professionals.--The
following sections of title 10, United States Code, are amended by striking
``December 31, 2022'' and inserting ``December 31, 2023'':
(1) Section 2130a(a)(1), relating to nurse officer candidate
accession program.
(2) Section 16302(d), relating to repayment of education loans for
certain health professionals who serve in the Selected Reserve.
(c) Authorities Relating to Nuclear Officers.--Section 333(i) of title 37,
United States Code, is amended by striking ``December 31, 2022'' and inserting
``December 31, 2023''.
(d) Authorities Relating to Title 37 Consolidated Special Pay, Incentive
Pay, and Bonus Authorities.--The following sections of title 37, United States
Code, are amended by striking ``December 31, 2022'' and inserting ``December 31,
2023'':
(1) Section 331(h), relating to general bonus authority for enlisted
members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive pay and
bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive pay
authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for cadets and
midshipmen enrolled in the Senior Reserve Officers' Training Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special duty pay.
(8) Section 353(i), relating to skill incentive pay or proficiency
bonus.
(9) Section 355(h), relating to retention incentives for members
qualified in critical military skills or assigned to high priority
units.
(e) Authority to Provide Temporary Increase in Rates of Basic Allowance for
Housing.--Section 403(b) of title 37, United States Code, is amended--
(1) in paragraph (7)(E), by striking ``December 31, 2022'' and
inserting ``December 31, 2023''; and
(2) in paragraph (8)(C), by striking ``September 30, 2022'' and
inserting ``December 31, 2023''.
SEC. 602. INCREASE TO MAXIMUM AMOUNTS OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES.
(a) General Bonus Authority for Enlisted Members.--Section 331(c)(1) of
title 37, United States Code, is amended--
(1) in subparagraph (A), by striking ``$50,000'' and inserting
``$75,000''; and
(2) in subparagraph (B), by striking ``$30,000'' and inserting
``$50,000''.
(b) Special Bonus and Incentive Pay Authorities for Nuclear Officers.--
Section 333(d)(1)(A) of title 37, United States Code, is amended by striking
``$50,000'' and inserting ``$75,000''.
(c) Special Aviation Incentive Pay and Bonus Authorities for Officers.--
Section 334(c)(1) of title 37, United States Code, is amended--
(1) in subparagraph (A), by striking ``$1,000'' and inserting
``$1,500''; and
(2) in subparagraph (B), by striking ``$35,000'' and inserting
``$50,000''.
(d) Skill Incentive Pay or Proficiency Bonus.--Section 353(c)(1)(A) of title
37, United States Code, is amended by striking ``$1,000'' and inserting
``$1,750''.
SEC. 603. COLD WEATHER DUTY: AUTHORIZATION OF ASSIGNMENT OR SPECIAL DUTY PAY;
TRAVEL ALLOWANCE FOR MEMBERS OF THE ARMED FORCES ASSIGNED TO
ALASKA.
(a) Pay.--Section 352(a)(2) of title 37, United States Code, is amended by
inserting ``(including a cold weather location)'' after ``location''.
(b) Travel Allowance.--
(1) Establishment.--During the period specified in paragraph (5),
the Secretary of a military department shall reimburse an eligible
member of the armed forces for the cost of airfare for that member to
travel to the home of record of the member.
(2) Eligible members.--A member of the armed forces is eligible for
a reimbursement under paragraph (1) if--
(A) the member is assigned to a duty location in Alaska; and
(B) an officer in a grade above O-5 in the chain of command
of the member authorizes the travel of the member.
(3) Treatment of time as leave.--The time during which an eligible
member is absent from duty for travel reimbursable under paragraph (1)
shall be treated as leave for purposes of section 704 of title 10,
United States Code.
(4) Briefing required.--Not later than February 1, 2024, the
Secretary shall provide to the Committees on Armed Services of the
Senate and the House of Representatives a briefing on--
(A) the use and effectiveness of reimbursements under
paragraph (1);
(B) the calculation and use of the cost of living allowance
for a member assigned to a duty location in Alaska; and
(C) the use of special pays and other allowances as
incentives for cold weather proficiency or duty location.
(5) Period specified.--The period specified in this paragraph is the
period--
(A) beginning on the date of the enactment of this Act; and
(B) ending on December 31, 2023.
SEC. 604. AIR FORCE RATED OFFICER RETENTION DEMONSTRATION PROGRAM.
(a) Program Requirement.--The Secretary shall establish and carry out within
the Department of the Air Force a demonstration program to assess and improve
retention on active duty in the Air Force of rated officers described in
subsection (b).
(b) Rated Officers Described.--Rated officers described in this subsection
are rated officers serving on active duty in the Air Force, excluding rated
officers with a reserve appointment in the Air National Guard or Air Force
Reserve--
(1) whose continued service on active duty would be in the best
interest of the Department of the Air Force, as determined by the
Secretary; and
(2) who have not more than three years and not less than one year
remaining on an active duty service obligation under section 653 of
title 10, United States Code.
(c) Written Agreement.--
(1) In general.--Under the demonstration program required under
subsection (a), the Secretary shall offer retention incentives under
subsection (d) to a rated officer described in subsection (b) who
executes a written agreement to remain on active duty in a regular
component of the Air Force for not less than four years after the
completion of the active duty service obligation of the officer under
section 653 of title 10, United States Code.
(2) Exception.--If the Secretary of the Air Force determines that an
assignment previously guaranteed under subsection (d)(1) to a rated
officer described in subsection (b) cannot be fulfilled, the agreement
of the officer under paragraph (1) to remain on active duty shall expire
not later than one year after that determination.
(d) Retention Incentives.--
(1) Guarantee of future assignment location.--Under the
demonstration program required under subsection (a), the Secretary may
offer to a rated officer described in subsection (b) a guarantee of
future assignment locations based on the preference of the officer.
(2) Aviation bonus.--Under the demonstration program required under
subsection (a), notwithstanding section 334(c) of title 37, United
States Code, the Secretary may pay to a rated officer described in
subsection (b) an aviation bonus not to exceed an average annual amount
of $50,000 (subject to paragraph (3)(B)).
(3) Combination of incentives.--The Secretary may offer to a rated
officer described in subsection (b) a combination of incentives under
paragraphs (1) and (2).
(e) Annual Briefing.--Not later than December 31, 2023, and annually
thereafter until the termination of the demonstration program required under
subsection (a), the Secretary shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing describing the use of
such demonstration program and its effects on the retention on active duty in
the Air Force of rated officers described in subsection (b).
(f) Definitions.--In this section:
(1) Rated officer.--The term ``rated officer'' means an officer
specified in section 9253 of title 10, United States Code.
(2) Secretary.--The term ``Secretary'' means the Secretary of the
Air Force.
(g) Termination.--This section shall terminate on December 31, 2028.
Subtitle B--Allowances Other Than Travel and Transportation Allowances
SEC. 611. INCREASES IN MAXIMUM ALLOWABLE INCOME FOR PURPOSES OF ELIGIBILITY FOR
BASIC NEEDS ALLOWANCE.
(a) In General.--Section 402b(b) of title 37, United States Code, is
amended--
(1) by striking ``130 percent'' both places it appears and inserting
``150 percent''; and
(2) in paragraph (2)--
(A) by inserting ``(A)'' before ``the gross'';
(B) by striking ``; and'' and inserting ``; or''; and
(C) by inserting at the end the following:
``(B) if the Secretary concerned determines it appropriate (based on
location, household need, or special circumstance), the gross household
income of the member during the most recent calendar year did not exceed
an amount equal to 200 percent of the Federal poverty guidelines of the
Department of Health and Human Services for the location of the member
and the number of individuals in the household of the member for such
year; and''.
(b) Implementation.--Not later than January 1, 2024, the Secretary concerned
(as defined in section 101 of title 37, United States Code) shall modify the
calculation of the basic needs allowance under section 402b of title 37, United
States Code, to implement the amendments made by subsection (a).
SEC. 612. EXTENSION OF AUTHORITY TO TEMPORARILY ADJUST BASIC ALLOWANCE FOR
HOUSING IN CERTAIN AREAS.
Section 403(b)(8)(C) of title 37, United States Code, is amended by striking
``2022'' and inserting ``2024''.
SEC. 613. TEMPORARY CONTINUATION OF RATE OF BASIC ALLOWANCE FOR HOUSING FOR
MEMBERS OF THE ARMED FORCES WHOSE SOLE DEPENDENT DIES WHILE
RESIDING WITH THE MEMBER.
(a) Authority.--Section 403 of title 37, United States Code, as amended by
section 612, is further amended--
(1) by redesignating subsections (m) through (p) as subsections (n)
through (q); and
(2) by inserting after subsection (l) the following new subsection
(m):
``(m) Temporary Continuation of Rate of Basic Allowance for Members of the
Armed Forces Whose Sole Dependent Dies While Residing With the Member.--(1)
Notwithstanding subsection (a)(2) or any other section of law, the Secretary of
Defense or the Secretary of the Department in which the Coast Guard is
operating, may, after the death of the sole dependent of a member of the armed
forces, continue to pay a basic allowance for housing to such member at the rate
paid to such member on the date of such death if--
``(A) such sole dependent dies--
``(i) while the member is on active duty; and
``(ii) while residing with the member, unless separated by
the necessity of military service or to receive institutional
care as a result of disability or incapacitation or under such
other circumstances as the Secretary concerned may by regulation
prescribe; and
``(B) the member is not occupying a housing facility under the
jurisdiction of the Secretary concerned on the date of the death of the
sole dependent.
``(2) The continuation of the rate of an allowance under this subsection
shall terminate upon the earlier of the following to occur:
``(A) The day that is one year after the date of the death of the
sole dependent.
``(B) The permanent change of station, or permanent change of
assignment with movement of personal property and household goods under
section 453(c) of this title, of the member.''.
(b) Conforming Amendment.--Section 2881a(c) of title 10, United States Code,
is amended by striking ``section 403(n)'' and inserting ``section 403(o)''.
SEC. 614. BASIC ALLOWANCE FOR HOUSING FOR MEMBERS WITHOUT DEPENDENTS WHEN HOME
PORT CHANGE WOULD FINANCIALLY DISADVANTAGE MEMBER.
Subsection (p) of section 403 of title 37, United States Code, as
redesignated by section 612, is further amended in subsection (p)--
(1) in the subsection heading, by striking ``Low-cost and No-cost''
and inserting ``Certain'';
(2) by inserting ``(1)'' before ``In the case of a member who is
assigned''; and
(3) by adding at the end the following new paragraph:
``(2)(A) In the case of a member without dependents who is assigned to a
unit that undergoes a change of home port or a change of permanent duty station,
if the Secretary concerned determines that it would be inequitable to base the
member's entitlement to, and amount of, a basic allowance for housing on the new
home port or permanent duty station, the Secretary concerned may--
``(i) waive the requirement to base the member's entitlement to, and
amount of, a basic allowance for housing on the new home port or
permanent duty station member; and
``(ii) treat that member for the purposes of this section as if the
unit to which the member is assigned did not undergo such a change.
``(B) The Secretary concerned may grant a waiver under subparagraph (A) to
not more than 100 members in a calendar year.
``(C) Not later than March 1 of each calendar year, the Secretary concerned
shall provide a briefing to the Committees on Armed Services of the Senate and
the House of Representatives on the use of the authority provided by
subparagraph (A) during the preceding calendar year that includes--
``(i) the number of members granted a waiver under subparagraph (A)
during that year; and
``(ii) for each such waiver, an identification of--
``(I) the grade of the member;
``(II) the home port or permanent duty station of the unit
to which the member is assigned before the change described in
subparagraph (A); and
``(III) the new home port or permanent duty station of that
unit.
``(D) This paragraph shall cease to be effective on December 31, 2027.''.
SEC. 615. REVIVAL AND REDESIGNATION OF PROVISION ESTABLISHING BENEFITS FOR
CERTAIN MEMBERS ASSIGNED TO THE DEFENSE INTELLIGENCE AGENCY.
(a) Revivial.--Section 491 of title 37, United States Code--
(1) is revived to read as it did immediately before its repeal under
section 604 of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81); and
(2) is redesignated as section 431 of such title.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 7
of such title is amended by inserting, after the item relating to section 427,
the following new item:
``431. Benefits for certain members assigned to the Defense
Intelligence Agency.''.
SEC. 616. EXTENSION OF ONE-TIME UNIFORM ALLOWANCE FOR OFFICERS WHO TRANSFER TO
THE SPACE FORCE.
Subsection (d)(1) of section 606 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat.
3672; 37 U.S.C. 416 note) is amended by striking ``September 30, 2022'' and
inserting ``September 30, 2023''.
SEC. 617. OCONUS COST OF LIVING ALLOWANCE: ADJUSTMENTS; NOTICE TO CERTAIN
CONGRESSIONAL COMMITTEES.
(a) Adjustments.--
(1) Reductions: limitation.--The Secretary of Defense and the
Secretary of the Department in which the Coast Guard is operating may
reduce the cost-of-living allowance for a member of the Armed Forces
assigned to a duty station located outside the United States--
(A) not more than once every six months; or
(B) in connection with a permanent change of station for
such member.
(2) Increases.--The Secretary of Defense and the Secretary of the
Department in which the Coast Guard is operating may increase the
allowance described in paragraph (1) for a member of the Armed Forces at
any time.
(b) Notice.--The Secretary of Defense shall notify the Committees on Armed
Services of the Senate and House of Representatives not less than 180 days
before modifying a table used to calculate the living allowance described in
subsection (a).
(c) Briefing.--Not later than March 1, 2023, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a briefing containing--
(1) the determination of the Secretary regarding the effects of this
section on the allowance described in subsection (a);
(2) an assessment of the representative market basket of goods and
services used to determine such allowance, including the methodology to
identify such market basket and the frequency with which such allowance
is adjusted; and
(3) the methodology and process by which surveys regarding such
allowance are updated, including the average response rates and the
efforts undertaken to ensure a representative sample of beneficiaries
are surveyed.
Subtitle C--Travel and Transportation Allowances
SEC. 621. ALLOWABLE TRAVEL AND TRANSPORTATION ALLOWANCES: COMPLEX OVERHAUL.
Section 452 of title 37, United States Code, is amended, in subsection (b)--
(1) by redesignating the second paragraph (18) as paragraph (21);
and
(2) by adding at the end the following new paragraphs:
``(22) Permanent change of assignment to or from a naval vessel
undergoing nuclear refueling or defueling and any concurrent complex
overhaul, even if such assignment is within the same area as the current
assignment of the member.
``(23) Current assignment to a naval vessel entering or exiting
nuclear refueling or defueling and any concurrent complex overhaul.''.
SEC. 622. EXPANSION OF AUTHORITY TO REIMBURSE A MEMBER OF THE UNIFORMED SERVICES
FOR SPOUSAL BUSINESS COSTS ARISING FROM A PERMANENT CHANGE OF
STATION.
(a) In General.--Section 453 of title 37, United States Code, is amended, in
subsection (g)--
(1) in the heading, by inserting ``or Business Costs'' after
``Relicensing Costs'';
(2) in paragraph (1), by inserting ``or qualified business costs''
after ``qualified relicensing costs'';
(3) in paragraph (2)--
(A) by inserting ``(A)'' before ``Reimbursement'';
(B) by inserting ``for qualified relicensing costs'' after
``subsection'';
(C) by striking ``$1000'' and inserting ``$1,000''; and
(D) by adding at the end the following new subparagraph:
``(B) Reimbursement provided to a member under this subsection for qualified
business costs may not exceed $1,000 in connection with each reassignment
described in paragraph (1).'';
(4) in paragraph (3), by inserting ``or qualified business costs''
after ``qualified relicensing costs'';
(5) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by inserting
``business license, permit,'' after ``courses,'';
(B) in subparagraph (A)--
(i) by inserting ``, or owned a business,'' before
``during'';
(ii) by inserting ``professional'' before
``license''; and
(iii) by inserting ``, or business license or
permit,'' after ``certification''; and
(C) in subparagraph (B)--
(i) by inserting ``professional'' before
``license''; and
(ii) by inserting ``, or business license or
permit,'' after ``certification''; and
(6) by adding at the end the following new paragraph:
``(5) In this subsection, the term `qualified business costs' means costs,
including moving services for equipment, equipment removal, new equipment
purchases, information technology expenses, and inspection fees, incurred by the
spouse of a member if--
``(A) the spouse owned a business during the member's previous duty
assignment and the costs result from a movement described in paragraph
(1)(B) in connection with the member's change in duty location pursuant
to reassignment described in paragraph (1)(A); and
``(B) the costs were incurred or paid to move such business to a new
location in connection with such reassignment.''.
(b) Briefing.--Not later than one year after the date of the enactment of
this Act, each Secretary of a military department shall submit to the Committees
on Armed Services of the Senate and House of Representatives a briefing
regarding implementation of the amendments made by subsection (a), including--
(1) the number of times such Secretary used the authority under such
amendments; and
(2) the costs to the Federal Government arising from such usage.
SEC. 623. EXTENSION OF AUTHORITY TO REIMBURSE MEMBERS FOR SPOUSE RELICENSING
COSTS PURSUANT TO A PERMANENT CHANGE OF STATION.
Section 453 of title 37, United States Code, as amended by section 622, is
further amended, in subsection (g)(3), by striking ``December 31, 2024'' and
inserting ``December 31, 2029''.
SEC. 624. REIMBURSEMENT OF A MEMBER OF THE UNIFORMED SERVICES FOR COSTS TO
RELOCATE A PET THAT ARISE FROM A PERMANENT CHANGE OF STATION.
Section 453 of title 37, United States Code, as amended by sections 622, and
623, is further amended by adding at the end the following new subsection:
``(h) Reimbursement for Transportation of Pets Arising From Certain
Permanent Changes of Stations.--(1) The Secretary concerned may reimburse a
member for any cost related to the relocation of a pet that arises from a
permanent change of station of such member within the continental United States.
Such reimbursement may not exceed $550 for each such permanent change of
station.
``(2) The Secretary concerned may reimburse a member for any cost related to
the relocation of a pet that arises from a permanent change of station of such
member to or from a duty station located outside the continental United States.
Such reimbursement may not exceed $4,000 for each such permanent change of
station.''.
SEC. 625. TRAVEL AND TRANSPORTATION ALLOWANCES FOR CERTAIN MEMBERS OF THE ARMED
FORCES WHO ATTEND A PROFESSIONAL MILITARY EDUCATION INSTITUTION OR
TRAINING CLASSES.
Section 453 of title 37, United States Code, as amended by sections 622,
623, and 624, is further amended by adding at the end the following new
subsection:
``(i) Attendance at Professional Military Education Institution or Training
Classes.--
``(1) The Secretary of the military department concerned may
authorize temporary duty status, and travel and transportation
allowances payable to a member in such status, for a member under the
jurisdiction of such Secretary who is reassigned--
``(A) between duty stations located within the United
States;
``(B) for a period of not more than one year;
``(C) for the purpose of participating in professional
military education or training classes,
``(D) with orders to return to the duty station where the
member maintains primary residence and the dependents of such
member reside.
``(2) If the Secretary of the military department concerned assigns
permanent duty status to a member described in paragraph (1), such
member shall be eligible for travel and transportation allowances
including the following:
``(A) Transportation, including mileage at the same rate
paid for a permanent change of station.
``(B) Per diem while traveling between the permanent duty
station and professional military education institution or
training site.
``(C) Per diem paid in the same manner and amount as
temporary lodging expenses.
``(D) Per diem equal to the amount of the basic allowance
for housing under section 403 of this title paid to a member--
``(i) in the grade of such member;
``(ii) without dependents;
``(iii) who resides in the military housing area in
which the professional military education institution or
training site is located.
``(E) Movement of household goods in an amount determined
under applicable regulations.''.
SEC. 626. CONFORMING AMENDMENTS TO UPDATE REFERENCES TO TRAVEL AND
TRANSPORTATION AUTHORITIES.
(a) Balanced Budget and Emergency Deficit Control Act of 1985.--Section
256(g)(2)(B)(ii) of the Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 906(g)(2)(B)(ii)) is amended by striking ``sections 403a and
475'' and inserting ``sections 403b and 405''.
(b) Title 5.--Title 5, United States Code, is amended--
(1) in section 4109(a)(2)--
(A) in subparagraph (A), by striking ``sections 474 and
475'' and inserting ``sections 405 and 452''; and
(B) in subparagraph (B), by striking ``sections 476 and
479'' and inserting ``sections 452 and 453(c)'';
(2) in section 5725(c)(2)(B), by striking ``section
476(b)(1)(H)(iii)'' and inserting ``subsections (c) and (d) of section
453''; and
(3) in section 5760--
(A) in subsection (c), by striking ``section 481h(b)'' and
inserting ``section 451(a)''; and
(B) in subsection (d)--
(i) in paragraph (2), by striking ``section 474(d)''
and inserting ``section 464''; and
(ii) in paragraph (3), by striking ``section
481h(d)(1)'' and inserting ``section 452(d)''.
(c) Title 10.--Title 10, United States Code, is amended--
(1) in section 710--
(A) in subsection (f)(4)(A), in the matter preceding clause
(i), by striking ``section 474'' and inserting ``section 452'';
and
(B) in subsection (h)(4), by striking ``section 481f'' and
inserting ``section 453(f)'';
(2) in section 1174a(b)(2)(B), by striking ``sections 474 and 476''
and inserting ``sections 452 and 453(c)'';
(3) in section 1175(j), by striking ``sections 474 and 476'' and
inserting ``sections 452 and 453(c)'';
(4) in section 1175a(e)(2)(B), by striking ``sections 474 and 476''
and inserting ``sections 452 and 453(c)'';
(5) in section 1491(d)(3), by striking ``section 495(a)(2)'' and
inserting ``section 435(a)(2)'';
(6) in section 2013(b)(2)--
(A) in subparagraph (A), by striking ``sections 474 and
475'' and inserting ``sections 405 and 452''; and
(B) in subparagraph (B), by striking ``sections 476 and
479'' and inserting ``sections 452 and 453(c)'';
(7) in section 2493(a)(4)(B)(ii), by striking ``section 481f(d)''
and inserting ``section 453(f)'';
(8) in section 2613(g), by striking ``section 481h(b)'' and
inserting ``section 451(a)''; and
(9) in section 12503--
(A) in subsection (a), in the second sentence, by striking
``sections 206 and 495'' and inserting ``sections 206 and 435'';
(B) in subsection (b)(2)(A), by striking ``section 495'' and
inserting ``section 435''; and
(C) in subsection (c), by striking ``chapter 7'' and
inserting ``section 452''.
(d) Title 14.--Section 2764 of title 14, United States Code, is amended, in
the first and third sentences, by striking ``subsection (b) of section 476'' and
inserting ``section 453(c)''.
(e) Title 32.--Section 115 of title 32, United States Code, is amended--
(1) in subsection (a), in the third sentence, by striking ``sections
206 and 495'' and inserting ``sections 206 and 435'';
(2) in subsection (b)(2)(A), by striking ``section 495'' and
inserting ``section 435''; and
(3) in subsection (c), by striking ``chapter 7'' and inserting
``section 452''.
(f) National Oceanic and Atmospheric Administration Commissioned Officer
Corps Act of 2002.--Section 236(f)(4)(A) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3036(f)(4)(A))
is amended, in the matter preceding clause (i), by striking ``section 474'' and
inserting ``section 452''.
(g) Title 36.--Section 2101(b)(2) of title 36, United States Code, is
amended by striking ``section 475'' and inserting ``section 405''.
(h) Title 37.--Title 37, United States Code, is amended--
(1) in section 403--
(A) in subsection (d)(2)(A), by striking ``section 476'' and
inserting ``section 452''; and
(B) in subsection (g)--
(i) in paragraph (2), in the second sentence, by
striking ``section 474'' and inserting ``section 452'';
and
(ii) in paragraph (3), by striking ``section 476''
and inserting ``section 453(c)'';
(2) in section 420(b), by striking ``sections 474-481'' and
inserting ``section 452'';
(3) in section 422(a), by striking ``section 480'' and inserting
``section 452'';
(4) in section 427--
(A) in subsection (a)(1)(A), by striking ``section 476'' and
inserting ``section 452''; and
(B) in subsection (c)(1), by striking ``section 476'' and
inserting ``section 452'';
(5) in section 433(b), by striking ``section 474(d)(2)(A)'' and
inserting ``section 452'';
(6) in section 451(a)(2)(H)--
(A) in clause (i), by striking ``section 481f'' and
inserting ``section 453(f)'';
(B) in clause (ii), by striking ``section 481h'' and
inserting ``section 452(b)(12)'';
(C) in clause (iii), by striking ``section 481j'' and
inserting ``section 452(b)(13)'';
(D) in clause (iv), by striking ``section 481k'' and
inserting ``section 452(b)(14)''; and
(E) in clause (v), by striking ``section 481l'' and
inserting ``section 452(b)(15)'';
(7) in section 1002(b)(1), by striking ``section 474(a)-(d), and
(f),'' and inserting ``section 452'';
(8) in section 1003, by striking ``sections 402-403b, 474-477, 479-
481, and 414'' and inserting ``sections 402 through 403b, 405, 414, 452,
and 453''; and
(9) in section 1006(g)--
(A) by striking ``section 477'' and inserting ``section
452(c)(2)''; and
(B) by striking ``section 475a(a)'' and inserting ``section
452(b)(11)''.
(i) Child Nutrition Act of 1966.--Section 17(d)(2)(B)(ii) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(B)(ii)) is amended by striking
``section 475'' and inserting ``section 405''.
SEC. 627. PILOT PROGRAM TO REIMBURSE MEMBERS OF THE ARMED FORCES FOR CERTAIN
CHILD CARE COSTS INCIDENT TO A PERMANENT CHANGE OF STATION OR
ASSIGNMENT.
(a) Establishment.--The Secretary of Defense shall carry out a pilot program
to reimburse members of the Armed Forces for certain child care costs incident
to a permanent change of station or assignment.
(b) Travel and Transportation Allowances.--Under the pilot program, the
Secretary of Defense shall treat a designated child care provider as an
authorized traveler if child care is not available to a member of the Armed
Forces at a military child development center at the permanent duty location of
such member not later than 30 days after the member arrives at such location.
(c) Reimbursement of Certain Child Care Costs.--
(1) Authority.--Under the pilot program, the Secretary of Defense
may reimburse a member of the Armed Forces for travel expenses for a
designated child care provider when--
(A) the member is reassigned, either as a permanent change
of station or permanent change of assignment, to a new duty
station;
(B) the movement of the member's dependents is authorized at
the expense of the United States under section 451 of title 37,
United States Code, as part of the reassignment;
(C) child care is not available at a military child
development center at such duty station not later than 30 days
after the member arrives at such duty station; and
(D) the dependent child is on the wait list for child care
at such military child development center.
(2) Maximum amounts.--Reimbursement provided to a member under this
subsection may not exceed--
(A) $500 for a reassignment between duty stations within the
continental United States; and
(B) $1,500 for a reassignment involving a duty station
outside of the continental United States.
(3) Deadline.--A member may not apply for reimbursement under this
subsection later than one year after a reassignment described in
paragraph (1).
(4) Concurrent receipt prohibited.--In the event a household
contains more than one member eligible for reimbursement under this
subsection, reimbursement may be paid to one member among such members
as such members shall jointly elect.
(d) Report.--Not later than January 1, 2027, the Secretary shall submit to
the Committees on Armed Services of the Senate and House of Representatives a
report on the pilot program, including the recommendation of the Secretary
whether to make the pilot program permanent.
(e) Termination.--The pilot program shall terminate on September 30, 2028.
(f) Definitions.--In this section:
(1) The term ``authorized traveler'' has the meaning given such term
in section 451 of title 37, United States Code.
(2) The term ``designated child care provider'' means an adult
selected by a member of the armed forces to provide child care to a
dependent child of such member.
(3) The term ``military child development center'' has the meaning
given such term in section 1800 of title 10, United States Code.
Subtitle D--Leave
SEC. 631. TECHNICAL AMENDMENTS TO LEAVE ENTITLEMENT AND ACCUMULATION.
(a) Repeal of Obsolete Authority.--Section 701 of title 10, United States
Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e) through (m) as subsections (d)
through (l).
(b) Conforming Amendments to Section 701 of Title 10.--Section 701 of title
10, United States Code, is amended--
(1) in subsection (b), by striking ``subsections (d), (f), and (g)''
and inserting ``subsections (e) and (f)'';
(2) in subsection (f), as redesignated by subsection (a)(2), in the
first sentence, by striking ``subsections (b), (d), and (f)'' and
inserting ``subsections (b) and (e)''; and
(3) in subsection (i), as so redesignated, in the first sentence, by
striking ``subsections (b), (d), and (f)'' and inserting ``subsections
(b) and (e)''.
(c) Conforming Amendments to Other Provisions of Law.--
(1) Title 14.--Section 2508(a) of title 14, United States Code, is
amended by striking ``section 701(f)(2)'' and inserting ``section
701(e)''.
(2) Title 37.--Title 37, United States Code, is amended--
(A) in section 501--
(i) in subsection (b)(6), by striking ``120 days of
leave under section 701(f)(1)'' and inserting ``90 days
of leave under section 701(e)''; and
(ii) in subsection (h), by striking ``section
701(g)'' and inserting ``section 701(f)''; and
(B) in section 502(b), by striking ``section 701(h)'' and
inserting ``section 701(g)''.
(d) Effective Date.--The amendments made by this section take effect on
January 1, 2023.
SEC. 632. MODIFICATION OF AUTHORITY TO ALLOW MEMBERS OF THE ARMED FORCES TO
ACCUMULATE LEAVE IN EXCESS OF 60 DAYS.
(a) In General.--Section 701 of title 10, United States Code, as amended by
section 631, is further amended by striking subsection (e) and inserting the
following:
``(e)(1) The Secretary concerned, under uniform regulations to be prescribed
by the Secretary of Defense, may authorize a member described in paragraph (2)
to retain not more than 30 days of excess leave.
``(2) A member described in this paragraph is a member who--
``(A)(i) serves on active duty for a continuous period of at least
120 days for which the member is entitled to special pay under section
310(a) of title 37; or
``(ii) is assigned to a deployable ship or mobile unit or to other
duty designated for the purposes of this section;
``(B) except for this subsection, would lose any excess leave at the
end of the fiscal year; and
``(C) receives, from the first officer in a grade above O-6 in the
chain of command of such member, written authorization to retain such
excess leave.
``(3) Excess leave retained by a member under this subsection shall be
forfeited unless used before the end of the second fiscal year after the end of
the fiscal year in which the service or assignment described in paragraph (2)(A)
terminated.
``(4) In this subsection, the term `excess leave' means leave accrued by a
member in excess of the number of days of leave authorized to be accumulated
under subsection (b).''.
(b) Transition Rule.--Leave in excess of 90 days, accumulated by a member of
the Armed Forces under section 701 of such title before the effective date under
subsection (c), is forfeited unless--
(1) used by the member on or before September 30, 2026; or
(2) the retention of such leave is otherwise authorized by law.
(c) Effective Date.--The amendment made by subsection (a) takes effect on
January 1, 2023.
SEC. 633. CONVALESCENT LEAVE FOR A MEMBER OF THE ARMED FORCES.
(a) In General.--Section 701 of title 10, United States Code, as amended by
sections 631 and 632, is further amended by adding at the end the following new
subsection:
``(m)(1) Except as provided by subsection (h)(3), and under regulations
prescribed by the Secretary of Defense, a member of the armed forces diagnosed
with a medical condition is allowed convalescent leave if--
``(A) the medical or behavioral health provider of the member--
``(i) determines that the member is not yet fit for duty as
a result of that condition; and
``(ii) recommends such leave for the member to provide for
the convalescence of the member from that condition; and
``(B) the commanding officer of the member or the commander of the
military medical treatment facility authorizes such leave for the
member.
``(2) A member may take not more than 30 days of convalescent leave under
paragraph (1) with respect to a condition described in that paragraph unless--
``(A) such leave in excess of 30 days is authorized by--
``(i) the Secretary concerned; or
``(ii) an individual at the level designated by the
Secretary concerned, but not below the grade of O-5 or the
civilian equivalent; or
``(B) the member is authorized to receive convalescent leave under
subsection (h)(3) in conjunction with the birth of a child.
``(3)(A) Convalescent leave may be authorized under paragraph (1) only for a
medical condition of a member and may not be authorized for a member in
connection with a condition of a dependent or other family member of the member.
``(B) In authorizing convalescent leave for a member under paragraph (1)
with respect to a condition described in that paragraph, the commanding officer
of the member or the commander of the military medical treatment facility, as
the case may be, shall--
``(i) limit the duration of such leave to the minimum necessary in
relation to the diagnosis, prognosis, and probable final disposition of
the condition of the member; and
``(ii) authorize leave tailored to the specific medical needs of the
member rather than (except for convalescent leave provided for under
subsection (h)(3)) authorizing leave based on a predetermined formula.
``(4) A member taking convalescent leave under paragraph (1) shall not have
the member's leave account reduced as a result of taking such leave.
``(5) In this subsection, the term `military medical treatment facility'
means a facility described in subsection (b), (c), or (d) of section 1073d of
this title.''.
(b) Treatment of Convalescent Leave for Birth of Child.--Paragraph (4) of
subsection (h) of such section, as redesignated by section 632, is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses (i) and
(ii), respectively;
(2) by inserting ``(A)'' after ``(4)''; and
(3) by adding at the end the following new subparagraph:
``(B) Convalescent leave may be authorized under subparagraph (A) only for a
medical condition of a member and may not be authorized for a member in
connection with a condition of a dependent or other family member of the
member.''.
(c) Effective Date.--The amendments made by this section shall take effect
on January 1, 2023.
Subtitle E--Family and Survivor Benefits
SEC. 641. CLAIMS RELATING TO THE RETURN OF PERSONAL EFFECTS OF A DECEASED MEMBER
OF THE ARMED FORCES.
Section 1482(a) of title 10, United States Code, is amended by adding at the
end the following new paragraph:
``(11)(A) Delivery of personal effects of a decedent to the next of
kin or other appropriate person.
``(B) If the Secretary concerned enters into an agreement with an
entity to carry out subparagraph (A), the Secretary concerned may, at
the request of the person described in such subparagraph, pursue a claim
against such entity that arises from the failure of such entity to
substantially perform such subparagraph.
``(C) If an entity described in subparagraph (B) fails to
substantially perform subparagraph (A) by damaging, losing, or
destroying the personal effects of a decedent, the Secretary concerned
shall reimburse the person designated under subsection (c) the greater
of $1,000 or the fair market value of such damage, loss, or destruction.
The Secretary concerned may request, from the person designated under
subsection (c), proof of fair market value and ownership of the personal
effects.''.
SEC. 642. EXTENSION OF PARENT FEE DISCOUNT TO CHILD CARE EMPLOYEES.
Section 1793 of title 10, United States Code, is amended by adding at the
end the following new subsection:
``(d) Child Care Employee Discount.--The Secretary of Defense may, to
support recruitment and retention initiatives, charge a child care employee,
whose child attends a military child development center, a reduced fee for such
attendance.''.
SEC. 643. SURVIVOR BENEFIT PLAN OPEN SEASON.
(a) Elections by Persons Not Currently Participating in Survivor Benefit
Plan.--
(1) Election of sbp coverage.--An eligible retired or former member
may elect to participate in the Survivor Benefit Plan during the open
season described in subsection (e).
(2) Eligible retired or former members.--For purposes of paragraph
(1), an eligible retired or former member is a member or former member
of the uniformed services who, on or before the day before the first day
of the open season described in subsection (e)--
(A) is entitled to retired pay; or
(B) would be entitled to retired pay under chapter 1223 of
title 10, United States Code (or chapter 67 of such title as in
effect before October 5, 1994), but for the fact that such
member or former member is under 60 years of age.
(3) Status under sbp of persons making elections.--
(A) Standard annuity.--A person making an election under
paragraph (1) by reason of eligibility under paragraph (2)(A)
shall be treated for all purposes as providing a standard
annuity under the Survivor Benefit Plan.
(B) Reserve-component annuity.--A person making an election
under paragraph (1) by reason of eligibility under paragraph
(2)(B) shall be treated for all purposes as providing a reserve-
component annuity under the Survivor Benefit Plan.
(4) Premiums for open season.--
(A) Premiums to be charged.--The Secretary of Defense shall
prescribe in regulations premiums that a person who makes an
election under paragraph (1) shall be required to pay for
participating in the Survivor Benefit Plan pursuant to the
election.
(B) Amount of premiums.--The total amount of the premiums to
be paid by a person under the regulations prescribed under
subparagraph (A) shall be equal to the sum of--
(i) the total amount by which the retired pay of the
person would have been reduced before the effective date
of the election under subsection (d) if the person had
elected to participate in the Survivor Benefit Plan (for
the same base amount specified in the election) at the
first opportunity that was afforded the person to
participate under chapter 73 of title 10, United States
Code;
(ii) interest on the amount by which the retired pay
of the person would have been so reduced, computed from
the date on which the retired pay would have been so
reduced at such rate or rates and according to such
methodology as the Secretary determines reasonable; and
(iii) any additional amount that the Secretary
determines necessary to protect the actuarial soundness
of the Department of Defense Military Retirement Fund
against any increased risk for the fund that is
associated with the election.
(C) Premiums to be credited to retirement fund.--Premiums
paid under the regulations prescribed under subparagraph (A)
shall be credited to the Department of Defense Military
Retirement Fund.
(b) Elections by Persons Currently Participating in Survivor Benefit Plan.--
(1) Election of to discontinue sbp participation.--A person
participating in the Survivor Benefit Plan on the day before the first
day of the open season described in subsection (e) may elect to
discontinue such participation during the open season.
(2) Consent of beneficiaries.--
(A) In general.--Except as provided in subparagraph (B), a
person described in paragraph (1) may not make an election under
that paragraph without the concurrence of--
(i) each designated beneficiary of such person under
the Survivor Benefit Plan; and
(ii) the spouse of such person, if such person is
married.
(B) Exception when beneficiary unavailable.--A person may
make an election under paragraph (1) without a concurrence
required under subparagraph (2) if the person establishes to the
satisfaction of the Secretary concerned--
(i) that the whereabouts of the spouse or
beneficiary, as the case may be, cannot be determined;
or
(ii) that, due to exceptional circumstances,
requiring the person to seek the consent of the spouse
or beneficiary, as the case may be, would otherwise be
inappropriate.
(3) Treatment of premiums.--
(A) Discontinuation of reductions in pay.--As of the
effective date under subsection (d) of an election by a person
under paragraph (1), the Secretary concerned shall discontinue
the reduction being made in the retired pay of the person
arising from participation in the Survivor Benefit Plan or, in
the case of a person who has been required to make deposits in
the Treasury on account of participation in the Survivor Benefit
Plan, that person may discontinue making such deposits effective
on such effective date.
(B) Treatment of previous reductions.--A person who makes an
election under paragraph (1) is not entitled to a refund of any
reduction or deposit described in subparagraph (A) made before
such effective date.
(c) Manner of Making Elections.--
(1) In general.--An election under subsection (a) or (b) shall be
made in writing, signed by the person making the election, and received
by the Secretary concerned before the end of the open season described
in subsection (e).
(2) Conditions.--Except as provided in paragraph (3), an election
under subsection (a) shall be made subject to the same conditions, and
with the same opportunities for designation of beneficiaries and
specification of base amount, that apply under the Survivor Benefit
Plan.
(3) Election must be voluntary.--An election under subsection (a) or
(b) is not effective unless the person making the election declares the
election to be voluntary. An election under subsection (a) or (b) to
participate or not to participate in the Survivor Benefit Plan may not
be required by any court. An election by a person under subsection (a)
to participate in the Survivor Benefit Plan is not subject to the
concurrence of a spouse or former spouse of the person.
(4) Designation with respect to reserve-component annuity.--A person
making an election under subsection (a) to provide a reserve-component
annuity shall make a designation described in section 1448(e) of title
10, United States Code.
(d) Effective Date for Elections.--An election under subsection (a) or (b)
shall be effective on the first day of the first calendar month following the
month in which the election is received by the Secretary concerned.
(e) Open Season Described.--The open season described in this subsection is
the period beginning on the date of the enactment of this Act and ending on
January 1, 2024.
(f) Applicability of Certain Provisions of Law.--The provisions of sections
1449, 1453, and 1454 of title 10, United States Code, are applicable to a person
making an election, and to an election, under subsection (a) or (b) in the same
manner as if the election were made under the Survivor Benefit Plan.
(g) Definitions.--In this section:
(1) The terms ``base amount'', ``reserve-component annuity'', and
``standard annuity'' have the meanings given those terms in section 1447
of title 10, United States Code.
(2) The term ``Department of Defense Military Retirement Fund''
means the fund established under section 1461(a) of title 10, United
States Code.
(3) The term ``retired pay'' includes retainer pay.
(4) The terms ``Secretary concerned'' and ``uniformed services''
have the meanings given those terms in section 101 of title 37, United
States Code.
(5) The term ``Survivor Benefit Plan'' means the program established
under subchapter II of chapter 73 of title 10, United States Code.
SEC. 644. MILITARY INSTALLATIONS WITH LIMITED CHILD CARE: BRIEFING.
(a) Briefing.--Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall submit to the congressional defense
committees a briefing regarding child care at military installations of the
covered Armed Forces--
(1) that are not served by a military child development center; or
(2) where the military child development center has few available
spots.
(b) Elements.--The briefing under subsection (a) shall include the following
elements:
(1) With regards to each military installation described in such
subsection:
(A) The current and maximum possible enrollment at the
military child development center (if one exists).
(B) Plans of the Secretary to expand an existing, or
construct a new, military child development center.
(C) The resulting capacity of each military child
development center described in subparagraph (B).
(D) The median cost of services at accredited child care
facilities located near such military installation compared to
the amount of assistance provided by the Secretary of the
military department concerned to members for child care
services.
(2) Any policy recommendations of the Secretary of Defense--
(A) to address the rising cost of child care near military
installations; and
(B) regarding the rates of child care fee assistance
provided to members of the covered Armed Forces.
(c) Definitions.--In this section:
(1) The term ``covered Armed Force'' means the following:
(A) The Army.
(B) The Navy.
(C) The Marine Corps.
(D) The Air Force.
(E) The Space Force.
(2) The term ``military child development center'' has the meaning
given such term in section 1800 of title 10, United States Code.
SEC. 645. FOOD INSECURITY AMONG MILITARY FAMILIES: DATA COLLECTION; TRAINING;
REPORT.
(a) Data Collection.--Not later than one year after the date of the
enactment of this Act, the Under Secretary of Defense for Personnel and
Readiness, in coordination with the Under Secretary for Food, Nutrition, and
Consumer Services of the Department of Agriculture, shall--
(1) develop a survey, in collaboration with the Department of
Agriculture, to determine how many members of the Armed Forces serving
on active duty, and dependents of such members, are food insecure;
(2) issue the survey to such members and dependents;
(3) collect data related to the number of such members and
dependents who--
(A) are eligible for the basic needs allowance under section
402b of title 37, United States Code;
(B) receive such basic needs allowance; and
(C) are surveyed on the use, by such members and dependents,
of Federal nutrition assistance programs, including--
(i) the supplemental nutrition assistance program
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.);
(ii) the special supplemental nutrition program for
women, infants, and children under section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786); and
(iii) the school lunch program under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et
seq.), and the school breakfast program under section 4
of the Child Nutrition Act of 1966 (42 U.S.C. 1773);
(4) develop and carry out a plan to train and designate an
individual who will assist members at military installations on how and
where to refer such members and their dependents for participation in
Federal nutrition assistance programs described in paragraph (3)(C); and
(5) coordinate efforts of the Department of Defense to address food
insecurity and nutrition.
(b) Report.--Not later than one year after the date of the enactment of this
Act, and annually thereafter for the four subsequent years, the Under Secretary
of Defense for Personnel & Readiness shall submit to the congressional defense
committees, the Committees on Agriculture and Education and Labor of the House
of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of
the Senate, a report including the following:
(1) The number of members of the Armed Forces serving on active duty
and their dependents who are food insecure.
(2) The number of such members and their dependents who use the
Federal nutrition assistance programs described in subsection (a)(3).
(3) The number of such members and their dependents described in
subsection (a)(3).
(4) The status of implementation of the plan under subsection
(a)(5).
Subtitle F--Defense Resale Matters
SEC. 651. PROHIBITION OF THE SALE OF CERTAIN GOODS FROM THE XINJIANG UYGHUR
AUTONOMOUS REGION IN COMMISSARIES AND EXCHANGES.
(a) Prohibition.--Subchapter III of chapter 147 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 2496. Sale of certain goods from the Xinjiang Uyghur Autonomous Region
prohibited
``(a) Prohibition.--The Secretary of Defense may not knowingly permit the
sale, at a commissary store or military exchange, of any good, ware, article, or
merchandise--
``(1) containing any product mined, produced, or manufactured,
wholly or in part, by forced labor from the XUAR; or
``(2) from an entity that has used labor from within or transferred
from XUAR as part of a `poverty alleviation' or `pairing assistance'
program.
``(b) Definitions.--In this section:
``(1) The term `forced labor' means any work or service that is
exacted from any person under the menace of any penalty for
nonperformance and that the worker does not offer to perform.
``(2) The term `XUAR' means the Xinjiang Uyghur Autonomous Region of
the People's Republic of China.''.
(b) Clerical Amendment.--The table of sections at the beginning of such
subchapter is amended by adding at the end the following new item:
``2496. Sale of certain goods from the Xinjiang Uyghur Autonomous
Region prohibited.''.
Subtitle G--Miscellaneous Studies, Briefings and Reports
SEC. 661. STUDY ON BASIC PAY.
(a) In General.--The Secretary of Defense shall seek to enter into an
agreement with a nonprofit entity or a federally funded research and development
center to conduct research and analysis on the value of basic pay for members of
the Armed Forces. The Secretary may include such research and analysis in the
next quadrennial review of military compensation.
(b) Elements.--The research and analysis conducted under subsection (a)
shall include the following:
(1) An assessment of the model used to determine the basic pay in
the current basic pay tables, including--
(A) an analysis of whether to update the current model to
meet the needs of the 2023 employment market;
(B) a historical understanding of when the current model was
established and how frequently it has been during the last 10
years;
(C) an understanding of the assumptions on which the model
is based and how such assumptions are validated;
(D) an analysis of time-in-grade requirements and how they
may affect retention and promotion; and
(E) an assessment of how recruiting and retention
information is used to adjust the model.
(2) An assessment of whether to modify current basic pay tables to
consider higher rates of pay for specialties the Secretary determines
are in critical need of personnel.
(3) An analysis of--
(A) how basic pay has compared with civilian pay since the
70th percentile benchmark for basic pay was established; and
(B) whether to change the 70th percentile benchmark.
(4) An assessment of whether--
(A) to adjust the annual increase in basic pay, currently
guided by changes in the Employment Cost Index as a measure of
the growth in private-sector employment costs; or
(B) to use a different index, such as the Defense Employment
Cost Index.
(5) Legislative and policy recommendations regarding basic pay table
based on analyses and assessments under paragraphs (1) through (4).
(c) Briefings and Progress Report.--
(1) Interim briefing.--Not later than April 1, 2023, the Secretary
shall provide to the appropriate congressional committees an interim
briefing on the elements described in subsection (b).
(2) Progress report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a progress report on the study under this
section.
(3) Final briefing.--Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a final briefing on the study under this
section.
(d) Appropriate Congressional Committees Defined.--In this section, the term
``appropriate congressional committees'' means the following:
(1) The Committee on Armed Services of the House of Representatives.
(2) The Committee on Armed Services of the Senate.
SEC. 662. REPORT ON ACCURACY OF BASIC ALLOWANCE FOR HOUSING.
(a) Report; Elements.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in consultation with the
Secretary of the department in which the Coast Guard is operating, shall submit
to the Committees on Armed Services of the Senate and House of Representatives a
report on BAH. Such report shall contain the following elements:
(1) The evaluation of the Secretary--
(A) of the efficiency and accuracy of the current system
used to calculate BAH;
(B) the appropriateness of using mean and median housing
costs in such calculation;
(C) of existing MHAs, in relation to choices in, and
availability of, housing to servicemembers;
(D) of the suitability of the six standard housing profiles
in relation to the average family sizes of servicemembers,
disaggregated by uniformed service, rank, and MHA;
(E) of the flexibility of BAH to respond to changes in real
estate markets; and
(F) of residential real estate processes to determine rental
rates.
(2) The recommendation of the Secretary--
(A) regarding the feasibility of including information,
furnished by Federal entities, regarding school districts, in
calculating BAH;
(B) whether to calculate BAH more frequently, including in
response to a sudden change in the housing market;
(C) whether to enter into an agreement with a covered
entity, to compile data and develop an enterprise grade,
objective, data-driven algorithm to calculate BAH;
(D) whether to publish the methods used by the Secretary to
calculate BAH on a publicly accessible website of the Department
of Defense; and
(E) whether BAH calculations appropriately account for
increased housing costs associated with Coast Guard facilities.
(b) Definitions.--In this section:
(1) The term ``BAH'' means the basic allowance for housing for
members of the uniformed services under section 403 of title 37, United
States Code.
(2) The term ``covered entity'' means a nationally recognized entity
in the field of commercial real estate that has data on local rental
rates in real estate markets across the United States.
(3) The term ``MHA'' means military housing area.
(4) The term ``servicemember'' has the meaning given such term in
section 101 of the Servicemembers Civil Relief Act (50 U.S.C. 3911).
SEC. 663. REVIEW OF DISLOCATION AND RELOCATION ALLOWANCES.
(a) In General.--Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall submit to the congressional defense
committees a report--
(1) reviewing the adequacy of the amounts of dislocation and
relocation allowances paid under section 452 of title 37, United States
Code, to members of the covered Armed Forces, in connection with changes
in such members' temporary or permanent duty assignment locations,
taking into consideration the rising costs of moving, challenges in the
housing market, and other expenses incurred by such members;
(2) assessing the effects of delays in the issuance of orders
relating to changes to temporary or permanent duty assignment locations
on the timing of dislocation and relocation allowances paid to members
of the covered Armed Forces;
(3) assessing the feasibility and advisability of paying dislocation
or relocation allowances to members of the covered Armed Forces who are
permanently assigned from one unit to another with no change of
permanent duty station when the units are within the same metropolitan
area; and
(4) making recommendations with respect to the matters described in
paragraphs (1), (2), and (3).
(b) Covered Armed Forces Defined.--In this section, the term ``covered Armed
Forces'' means the Army, Navy, Marine Corps, Air Force, and Space Force.
SEC. 664. COMPLEX OVERHAUL PAY: BRIEFING.
(a) Briefing.--Not later than six months after the date of the enactment of
this Act, the Secretary of the Navy shall submit to the Committees on Armed
Services of the Senate and House of Representatives a briefing regarding the
feasibility and advisability of establishing complex overhaul pay.
(b) Complex Overhaul Pay Defined.--In this section, the term ``complex
overhaul pay'' means a special monthly pay--
(1) established pursuant to regulations prescribed under section 352
of title 37, United States Code;
(2) paid to a member of the Armed Forces assigned to a naval vessel
undergoing nuclear refueling or defueling, and any concurrent complex
overhaul;
(3) in addition to any other pay or allowance to which a member is
entitled; and
(4) in an amount equal to $200 per month.
SEC. 665. STUDIES ON COMPENSATION FOR DOD CHILD CARE PROVIDERS.
(a) In General.--
(1) Studies required.--The Secretary of Defense shall, for each
geographic area in which the Secretary of a military department operates
a military child development center, conduct a study--
(A) comparing the total compensation, including all pay and
benefits, of child care employees of each military child
development center in the geographic area to the total
compensation of similarly credentialed employees in such
geographic area; and
(B) estimating the difference in average pay and the
difference in average benefits between such child care
employees.
(2) Schedule.--The Secretary of Defense shall complete the studies
required under paragraph (1)--
(A) for the geographic areas containing the military
installations with the 25 longest wait lists for child care
services at military child development centers, not later than
one year after the date of the enactment of this Act; and
(B) for geographic areas other than geographic areas
described in subparagraph (A), not later than two years after
the date of the enactment of this Act.
(3) Reports.--
(A) Interim report.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report summarizing the results of the
studies required under paragraph (1) that have been completed as
of the date of the submission of such report.
(B) Final report.--Not later than 120 days after the
completion of all the studies required under paragraph (1), the
Secretary shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report summarizing the
results of such studies.
(b) Definitions.--In this section:
(1) The term ``benefits'' includes--
(A) retirement benefits;
(B) any insurance premiums paid by an employer;
(C) education benefits, including tuition reimbursement and
student loan repayment; and
(D) any other compensation an employer provides to an
employee for service performed as an employee (other than pay),
as determined appropriate by the Secretary of Defense.
(2) The terms ``child care employee'' and ``military child
development center'' have the meanings given such terms in section 1800
of title 10, United States Code.
(3) The term ``pay'' includes the basic rate of pay of an employee
and any additional payments an employer pays to an employee for service
performed as an employee.
SEC. 666. BARRIERS TO HOME OWNERSHIP FOR MEMBERS OF THE ARMED FORCES: STUDY;
REPORT.
(a) Study.--Not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall seek to enter into an agreement with a
federally funded research and development center or non-profit entity to conduct
a study on the unique barriers to home ownership for members of the Armed
Forces.
(b) Report.--At the conclusion of the study under subsection (a), the
Secretary shall submit to the Committees on Armed Services of the Senate and
House of Representatives a report containing the results of such study.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Improvements to TRICARE dental program.
Sec. 702. Health benefits for members of the National Guard following
required training or other duty to respond
to a national emergency.
Sec. 703. Improvement of referrals for specialty care under TRICARE
Prime during permanent changes of station.
Sec. 704. Confidentiality requirements for mental health care services
for members of the Armed Forces.
Sec. 705. Audit of behavioral health care network providers listed in
TRICARE directory.
Sec. 706. Independent analysis of quality and patient safety review
process under direct care component of
TRICARE program.
Sec. 707. Study on providing benefits under TRICARE Reserve Select and
TRICARE dental program to members of the
Selected Reserve and dependents thereof.
Sec. 708. GAO study on certain contracts relating to TRICARE program
and oversight of such contracts.
Sec. 709. GAO study on coverage of mental health services under TRICARE
program and relationship to certain mental
health parity laws.
Subtitle B--Health Care Administration
Sec. 711. Accountability for wounded warriors undergoing disability
evaluation.
Sec. 712. Inclusion of level three trauma care capabilities in
requirements for medical centers.
Sec. 713. Centers of excellence for specialty care in military health
system.
Sec. 714. Maintenance of Core Casualty Receiving Facilities to improve
medical force readiness.
Sec. 715. Congressional notification requirement to modify scope of
services provided at military medical
treatment facilities.
Sec. 716. Improvements to processes to reduce financial harm caused to
civilians for care provided at military
medical treatment facilities.
Sec. 717. Authority to carry out studies and demonstration projects
relating to delivery of health and medical
care through use of other transaction
authority.
Sec. 718. Licensure requirement for certain health-care professionals
providing services as part of mission
relating to emergency, humanitarian, or
refugee assistance.
Sec. 719. Authorization of permanent program to improve opioid
management in the military health system.
Sec. 720. Modification of requirement to transfer research and
development and public health functions to
Defense Health Agency.
Sec. 721. Access to certain dependent medical records by remarried
former spouses.
Sec. 722. Authority for Department of Defense program to promote early
literacy among certain young children.
Sec. 723. Plan for Accountable Care Organization demonstration.
Sec. 724. Feasibility study and plan on establishing a Military Health
System Medical Logistics Directorate and
Military Health System Education and
Training Directorate.
Subtitle C--Reports and Other Matters
Sec. 731. Briefing and report on reduction or realignment of military
medical manning and medical billets.
Sec. 732. Independent analysis of Department of Defense Comprehensive
Autism Care Demonstration program.
Sec. 733. Clarification of membership requirements and compensation
authority for independent suicide
prevention and response review committee.
Sec. 734. Termination of veterans' advisory board on radiation dose
reconstruction.
Sec. 735. Brain health initiative of Department of Defense.
Sec. 736. Establishment of partnership program between United States
and Ukraine for military trauma care and
research.
Sec. 737. Improvements relating to behavioral health care available
under military health system.
Sec. 738. Certification program in provision of mental health services
to members of the Armed Forces and military
families.
Sec. 739. Standardization of policies relating to service in Armed
Forces by individuals diagnosed with HBV.
Sec. 740. Suicide cluster: standardized definition for use by
Department of Defense; congressional
notification.
Sec. 741. Limitation on reduction of military medical manning end
strength: certification requirement and
other reforms.
Sec. 742. Feasibility study on establishment of Department of Defense
internship programs relating to civilian
behavioral health providers.
Sec. 743. Updates to prior feasibility studies on establishment of new
command on defense health.
Sec. 744. Capability assessment and action plan with respect to effects
of exposure to open burn pits and other
environmental hazards.
Sec. 745. Kyle Mullen Navy SEAL medical training review.
Sec. 746. Reports on composition of medical personnel of each military
department and related matters.
Sec. 747. Report on effects of low recruitment and retention on
operational tempo and physical and mental
health of members of the Armed Forces.
Sec. 748. Guidance for addressing healthy relationships and intimate
partner violence through TRICARE Program.
Sec. 749. Briefing on suicide prevention reforms for members of the
Armed Forces.
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. IMPROVEMENTS TO TRICARE DENTAL PROGRAM.
(a) In General.--Section 1076a of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) by striking ``The plans'' and inserting the following:
``(1) In general.--The plans''; and
(B) by adding at the end the following new paragraph:
``(2) Premium sharing plans.--Effective as of January 1, 2026, the
regulations prescribed pursuant to paragraph (1) shall include, with
respect to premium sharing plans referred to in subsection (d)(1), the
following elements:
``(A) A third party administrator shall manage the
administrative features of such plans, including eligibility,
enrollment, plan change and premium payment processes,
submission of qualifying life events changes, and address
changes.
``(B) Such plans shall include the following three
enrollment options:
``(i) Self.
``(ii) Self plus one.
``(iii) Family.
``(C) In the United States, to the extent practicable,
individuals eligible to enroll in such a plan shall be offered
options to enroll in plans of not fewer than two and not more
than four dental insurance carriers.
``(D) To the extent practicable, each carrier described in
subparagraph (C)--
``(i) shall manage dental care delivery matters,
including claims adjudication (with required electronic
submission of claims), coordination of benefits, covered
services, enrollment verification, and provider
networks;
``(ii) shall, in addition to offering a standard
option plan, offer a non-standard option plan;
``(iii) may offer a non-standard option plan managed
as a dental health maintenance organization plan;
``(iv) shall establish and operate dental provider
networks that provide--
``(I) accessible care with a prevention or
wellness focus;
``(II) continuity of care;
``(III) coordinated care (including
appropriate dental and medical referrals);
``(IV) patient-centered care (including
effective communications, individualized care,
and shared decision-making); and
``(V) high-quality, safe care;
``(v) shall develop and implement adult and
pediatric dental quality measures, including effective
measurements for--
``(I) access to care;
``(II) continuity of care;
``(III) cost;
``(IV) adverse patient events;
``(V) oral health outcomes; and
``(VI) patient experience; and
``(vi) may conduct in the provider networks
established and operated by the carrier under clause
(iv), to the extent practicable, pilot programs on the
development of a model of care based on the model of
care commonly referred to as patient-centered dental
homes.'';
(2) in subsection (d)(1)--
(A) in subparagraph (B), by striking ``The member's'' and
inserting ``During the period preceding January 1, 2026, the
member's'';
(B) in subparagraph (C), by striking ``of each year,'' and
inserting ``of each year during the period preceding January 1,
2026,'';
(C) in subparagraph (D), by striking ``The Secretary of
Defense'' and inserting ``During the period preceding January 1,
2026, the Secretary of Defense''; and
(D) by adding at the end the following new subparagraphs:
``(E) Beginning on January 1, 2026, the amount of the premium
required under subparagraph (A)--
``(i) for standard option plans, shall be established by the
Secretary annually such that in the aggregate (taking into
account the adjustments under subparagraph (F) and subsection
(e)(3), the Secretary's share of each premium is 60 percent of
the premium for each enrollment category (self, self plus one,
and family, respectively) of each standard option plan; and
``(ii) for non-standard option plans, shall be equal to the
amount determined under clause (i) plus 100 percent of the
additional premium amount applicable to such non-standard option
plan.
``(F) Beginning on January 1, 2026, the Secretary of Defense shall
reduce the monthly premium required to be paid under paragraph (1) in
the case of enlisted members in pay grade E-1, E-2, E-3, or E-4.'';
(3) in subsection (e), by adding at the end the following new
paragraph:
``(3) Beginning on January 1, 2026, the Secretary of Defense shall reduce
copayments required to be paid under paragraph (1) in the case of enlisted
members in pay grade E-1, E-2, E-3, or E-4.'';
(4) in subsection (j), by striking ``The Secretary of Defense may
not reduce benefits provided under a plan established under this section
until'' and inserting ``During the period preceding January 1, 2026, the
Secretary of Defense may not reduce benefits provided under a plan
established under this section, and on or after January 1, 2026, the
Secretary may not reduce benefits provided under a standard option plan
under this section, until''; and
(5) by adding at the end the following new subsection:
``(l) Definitions.--In this section:
``(1) The term `non-standard option plan' means a high option dental
insurance plan that includes covered services in addition to, or
provides greater coverage with respect to, services covered under a
standard option plan.
``(2) The term `standard option plan' means a dental insurance plan
that provides for the coverage of preventive services, basic restorative
services, and specialty dental care services at a level that is at least
commensurate with the coverage of the same services provided under the
premium sharing plans under this section during the period preceding
January 1, 2026.''.
(b) Rulemaking.--Pursuant to the authority under section 1076a(b)(1) of
title 10, United States Code, as amended by subsection (a), the Secretary of
Defense shall--
(1) not later than January 1, 2025, prescribe an interim final rule
to carry out the amendments made by subsection (a); and
(2) after prescribing the interim final rule under subparagraph (A)
and considering public comments with respect to such interim final rule,
prescribe a final rule, effective on January 1, 2026, to carry out such
amendments.
(c) Briefings.--Not later than January 1 of each of 2024, 2025, and 2026,
the Secretary of Defense shall provide to the Committees on Armed Services of
the House of Representatives and the Senate a briefing on the status of the
implementation of the amendments made by subsection (a).
SEC. 702. HEALTH BENEFITS FOR MEMBERS OF THE NATIONAL GUARD FOLLOWING REQUIRED
TRAINING OR OTHER DUTY TO RESPOND TO A NATIONAL EMERGENCY.
(a) Transitional Health Care.--Subsection (a)(2) of section 1145 of title
10, United States Code, is amended by adding at the end the following new
subparagraph:
``(G) A member of the National Guard who is separated from full-time
National Guard Duty to which called or ordered under section 502(f) of
title 32 for a period of active service of more than 30 days to perform
duties that are authorized by the President or the Secretary of Defense
for the purpose of responding to a national emergency declared by
Congress or the President and supported by Federal funds.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (a)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``active duty'' and inserting ``active
service'';
(B) in paragraph (3), by striking ``paragraph (2)(B)'' and
inserting ``subparagraph (B) or (G) of paragraph (2)'';
(C) in paragraph (4)--
(i) by striking ``active duty'' each place it
appears and inserting ``active service''; and
(ii) in the second sentence, by striking ``or (D)''
and inserting ``(D), or (G)'';
(D) in paragraph (5), in subparagraphs (A) and (B), by
striking ``active duty'' each place it appears and inserting
``active service''; and
(E) in paragraph (7)(A)--
(i) by striking ``service on active duty'' and
inserting ``active service''; and
(ii) by striking ``active duty for'' and inserting
``active service for'';
(2) in subsection (b)(1), by striking ``active duty'' and inserting
``active service''; and
(3) in subsection (d)(1)(A), by striking ``active duty'' and
inserting ``active service''.
SEC. 703. IMPROVEMENT OF REFERRALS FOR SPECIALTY CARE UNDER TRICARE PRIME DURING
PERMANENT CHANGES OF STATION.
(a) In General.--Section 714 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 1095f
note) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new subsection
(e):
``(e) Improvement of Specialty Care Referrals During Permanent Changes of
Station.--In conducting evaluations and improvements under subsection (d) to the
referral process described in subsection (a), the Secretary shall ensure
beneficiaries enrolled in TRICARE Prime who are undergoing a permanent change of
station receive referrals from their primary care manager to such specialty care
providers in the new location as the beneficiary may need before undergoing the
permanent change of station.''.
(b) Briefing.--Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a briefing on the
contractual and technical barriers preventing record sharing between civilian
provider networks under the TRICARE program that lead to increased wait times
for care for members of the Armed Forces and the dependents thereof undergoing
permanent changes of station across provider network regions.
SEC. 704. CONFIDENTIALITY REQUIREMENTS FOR MENTAL HEALTH CARE SERVICES FOR
MEMBERS OF THE ARMED FORCES.
(a) In General.--In order to reinforce the policies of eliminating stigma in
obtaining mental health care services and further encouraging help-seeking
behavior by members of the Armed Forces, not later than July 1, 2023, the
Secretary of Defense shall--
(1) update and reissue Department of Defense Instruction 6490.08,
titled ``Command Notification Requirements to Dispel Stigma in Providing
Mental Health Care to Service Members'' and issued on August 17, 2011,
taking into account--
(A) experience implementing the Instruction; and
(B) opportunities to more effectively dispel stigma in
obtaining mental health care services and encourage help-seeking
behavior; and
(2) develop standards within the Department of Defense that--
(A) ensure, except in a case in which there is an exigent
circumstance, the confidentiality of mental health care services
provided to members who voluntarily seek such services;
(B) include a model for making determinations with respect
to exigent circumstances that clarifies the responsibilities
regarding the determination of the effect on military function
and the prevention of self-harm by the individual; and
(C) in a case in which there is an exigent circumstance,
prevent health care providers from disclosing more than the
minimum amount of information necessary to address the exigent
circumstance.
(b) Elements.--The standards required by subsection (a)(2) shall include the
following elements:
(1) Requirements for confidentiality regarding the request and
receipt by a member of the Armed Forces of mental health care services
under the self-initiated referral process under section 1090a(e) of
title 10, United States Code.
(2) Requirements for confidentiality regarding the results of any
drug testing incident to such mental health care services.
(3) Procedures that reflect best practices of the mental health
profession with respect to suicide prevention.
(4) A prohibition against retaliating against a member of the Armed
Forces who requests mental health care services.
(5) Such other elements as the Secretary determines will most
effectively support the policies of--
(A) eliminating stigma in obtaining mental health care
services; and
(B) encouraging help-seeking behavior by members of the
Armed Forces.
(c) Joint Policy With the Secretary of Veterans Affairs.--
(1) In general.--Not later than July 1, 2023, the Secretary of
Defense and the Secretary of Veterans Affairs shall issue a joint policy
that provides, except in a case in which there is an exigent
circumstance, for the confidentiality of mental health care services
provided by the Secretary of Veterans Affairs to members of the Armed
Forces, including the reserve components, under section 1712A, 1720F,
1720H, or 1789 of title 38, United States Code, or other applicable law.
(2) Elements.--The joint policy issued under paragraph (1) shall, to
the extent practicable, include standards comparable to the standards
developed under subsection (a)(2).
(d) Report.--Not later than July 1, 2023, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and the House of
Representatives a copy of the standards developed under subsection (a)(2) and
the joint policy issued under subsection (c).
(e) Exigent Circumstance Defined.--In this section, the term ``exigent
circumstance'' means a circumstance in which the Secretary of Defense determines
the need to prevent serious harm to an individual or essential military function
clearly outweighs the need for confidentiality of information obtained by a
health care provider incident to mental health care services voluntarily sought
by a member of the Armed Forces.
SEC. 705. AUDIT OF BEHAVIORAL HEALTH CARE NETWORK PROVIDERS LISTED IN TRICARE
DIRECTORY.
(a) Audit Required.--The Comptroller General of the United States shall
conduct an audit of the behavioral health care providers listed in the TRICARE
directory.
(b) Report.--Not later than one year after the date of the enactment of this
Act, the Comptroller General shall submit to the Committees on Armed Services of
the House of Representatives and the Senate a report on the findings of the
audit under subsection (a). Such report shall include the following:
(1) An identification of the following, disaggregated by provider
specialty and TRICARE provider network region:
(A) The number of such behavioral health care providers with
respect to which there are duplicate listings in the TRICARE
directory.
(B) The number of such behavioral health care providers
that, as of the commencement of the audit, were listed in the
TRICARE directory as available and accepting new TRICARE
patients.
(C) The number of such behavioral health care providers
that, as a result of the audit, the Comptroller General
determines are no longer available or accepting new TRICARE
patients.
(D) The number of such behavioral health care providers that
were not previously listed in the TRICARE directory as available
and accepting new TRICARE patients but that, as a result of the
audit, the Comptroller General determines are so available and
accepting.
(E) The number of behavioral health care providers listed in
the TRICARE directory that are no longer practicing.
(F) The number of behavioral health care providers that, in
conducting the audit, the Comptroller General could not reach
for purposes of verifying information relating to availability
or status.
(2) An identification of the number of TRICARE beneficiaries in each
TRICARE region, disaggregated by beneficiary category.
(3) A description of the methods by which the Secretary of Defense
measures the following:
(A) The accessibility and accuracy of the TRICARE directory,
with respect to behavioral health care providers listed therein.
(B) The adequacy of behavioral health care providers under
the TRICARE program.
(4) A description of the efforts of the Secretary of Defense to
recruit and retain behavioral health care providers.
(5) Recommendations by the Comptroller General, based on the
findings of the audit, on how to improve the availability of behavioral
health care providers that are network providers under the TRICARE
program, including through the inclusion of specific requirements in the
next generation of TRICARE contracts.
(c) Definitions.--In this section:
(1) The term ``TRICARE directory'' means the directory of network
providers under the TRICARE program.
(2) The term ``TRICARE program'' has the meaning given such term in
section 1072 of title 10, United States Code.
SEC. 706. INDEPENDENT ANALYSIS OF QUALITY AND PATIENT SAFETY REVIEW PROCESS
UNDER DIRECT CARE COMPONENT OF TRICARE PROGRAM.
(a) Agreement.--
(1) In general.--The Secretary of Defense shall seek to enter into
an agreement with a federally funded research and development center for
the federally funded research and development center to carry out the
activities described in subsections (b) and (c).
(2) Timing.--The Secretary shall seek to enter into the agreement
described in paragraph (1) not later October 1, 2023.
(b) Analysis by FFRDC.--
(1) Analysis.--Under an agreement between the Secretary and a
federally funded research and development center entered into pursuant
to subsection (a), the federally funded research and development center
shall conduct an analysis of the quality and patient safety review
process for health care provided under the direct care component of the
TRICARE program and develop recommendations for the Secretary based on
such analysis.
(2) Elements.--The analysis conducted and recommendations developed
under paragraph (1) shall include, with respect to the direct care
component of the TRICARE program, an assessment of the following:
(A) The procedures under such component regarding
credentialing and privileging for health care providers (and an
assessment of compliance with such procedures).
(B) The processes under such component for quality
assurance, standard of care, and incident review (and an
assessment of compliance with such processes).
(C) The accountability processes under such component for
health care providers who are found to have not met a required
standard of care.
(D) The transparency activities carried out under such
component, including an assessment of the publication of
clinical quality metrics (at the level of military medical
treatment facilities and other operational medical units of the
Department of Defense), and a comparison with similar metrics
for non-Department health care entities.
(E) The standardization activities carried under such
component, including activities aimed at eliminating unwarranted
variation in clinical quality metrics at the level of military
medical treatment facilities and other operational medical units
of the Department.
(F) The implementation under such component of the
requirements of section 744 of the National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134
Stat. 3708; 10 U.S.C. 1071 note), including with respect to
health care delivery on ships and planes, in deployed settings,
and in all other circumstances outside of military medical
treatment facilities.
(G) The organizational roles and responsibilities of
military health system entities involved in clinical quality
management functions under such component, including the
Assistant Secretary of Defense for Health Affairs, the Director
of the Defense Health Agency, and the Surgeons General of the
Army, Navy, and Air Force, each of whom shall conduct and submit
to the federally funded research and development center an
internal assessment of the respective entity regarding each
element set forth under this paragraph.
(3) Information access and privacy.--
(A) Access to records.--Notwithstanding section 1102 of
title 10, United States Code, the Secretary shall provide the
federally funded research and development center with access to
such records of the Department of Defense as the Secretary may
determine necessary for purposes of the federally funded
research and development center conducting the analysis and
developing the recommendations under paragraph (1).
(B) Privacy of information.--In conducting the analysis and
developing the recommendations under paragraph (1), the
federally funded research and development center--
(i) shall maintain any personally identifiable
information in records accessed by the federally funded
research and development center pursuant to subparagraph
(A) in accordance with applicable laws, protections, and
best practices regarding the privacy of information; and
(ii) may not permit access to such information by
any individual or entity not engaged in conducting such
analysis or developing such recommendations.
(c) Briefing and Reports.--
(1) Interim briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the House of Representatives and the Senate an interim
briefing on--
(A) the selection of a federally funded research and
development center with which the Secretary shall seek to enter
into an agreement with under subsection (a);
(B) any related guidance issued by the Secretary; and
(C) the methodology for conducting the study to be used by
such federally funded research and development center.
(2) Report to secretary.--Under an agreement entered into between
the Secretary and a federally funded research and development center
under subsection (a), the federally funded research and development
center, not later than one year after the date of the execution of the
agreement, shall submit to the Secretary a report on the findings of the
federally funded research and development center with respect to the
analysis conducted and recommendations developed under subsection (b).
(3) Report to congress.--Not later than 120 days after the date on
which the Secretary receives the report of the federally funded research
and development center under paragraph (1), the Secretary shall submit
to the Committees on Armed Services of the House of Representatives and
the Senate such report, along with an assessment by the Secretary of the
analysis, findings, and recommendations contained therein and the plan
of the Secretary for strengthening clinical quality management in the
military health system.
(4) Publication.--The Secretary shall make the report under
paragraph (2) available on a public website in unclassified form.
(d) TRICARE Program Defined.--In this section, the term ``TRICARE program''
has the meaning given such term in section 1072 of title 10, United States Code.
SEC. 707. STUDY ON PROVIDING BENEFITS UNDER TRICARE RESERVE SELECT AND TRICARE
DENTAL PROGRAM TO MEMBERS OF THE SELECTED RESERVE AND DEPENDENTS
THEREOF.
(a) Study.--The Secretary of Defense may conduct a study on the feasibility,
potential cost effects to the budget of the Department of Defense, changes in
out-of-pocket costs to beneficiaries, and effects on other Federal programs of
expanding eligibility for TRICARE Reserve Select and the TRICARE dental program
to include all members of the Selected Reserve of the Ready Reserve of a reserve
component of the Armed Forces, the dependents thereof, and the non-dependent
children thereof under the age of 26.
(b) Specifications.--If the Secretary conducts the study under subsection
(a), the Secretary shall include in the study an assessment of the following:
(1) Cost-shifting to the Department of Defense to support the
expansion of TRICARE Reserve Select and the TRICARE dental program
from--
(A) health benefit plans under chapter 89 of title 5, United
States Code;
(B) employer-sponsored health insurance;
(C) private health insurance;
(D) insurance under a State health care exchange; and
(E) the Medicaid program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
(2) New costs for the Department of Defense to enroll in TRICARE
Reserve Select and the TRICARE dental program members of the Selected
Reserve of the Ready Reserve of a reserve component of the Armed Forces
who were previously uninsured.
(3) The resources needed to implement TRICARE Reserve Select and the
TRICARE dental program for all such members, the dependents thereof, and
the non-dependent children thereof under the age of 26.
(4) Cost-savings, if any, resulting from the expansion of TRICARE
Reserve Select and the TRICARE dental program with regard to increased
training days performed in support of mass medical events during battle
assemblies of the reserve components, including an assessment of the
impact of such expansion on--
(A) medical readiness;
(B) overall deployability rates;
(C) deployability timelines;
(D) fallout rates at mobilization sites;
(E) cross-leveling of members of the reserve components to
backfill medical fallouts at mobilization sites; and
(F) any other readiness metrics affected by such expansion.
(5) Any effect of such expansion on recruitment and retention of
members of the Armed Forces, including members of the Ready Reserve of
the reserve components of the Armed Forces.
(6) Cost-savings, if any, in contracts that implement the Reserve
Health Readiness Program of the Department of Defense.
(c) Determination of Cost Effects.--If the Secretary conducts the study
under subsection (a), the Secretary shall include in such study an assessment of
the potential cost effects to the budget of the Department of Defense for
scenarios of expanded eligibility for TRICARE Reserve Select and the TRICARE
dental program as follows:
(1) Premium free for members of the Selected Reserve of the Ready
Reserve of a reserve component of the Armed Forces, the dependents
thereof, and the non-dependent children thereof under the age of 26.
(2) Premium free for such members and subsidized premiums for such
dependents and non-dependent children.
(3) Subsidized premiums for such members, dependents, and non-
dependent children.
(d) Use of a Federally Funded Research and Development Center.--The
Secretary may enter into a contract with a federally funded research and
development center the Secretary determines is qualified and appropriate to
conduct the study under subsection (a).
(e) Briefing; Report.--
(1) Briefing.--If the Secretary conducts the study under subsection
(a), not later than one year after the date of the enactment of this
Act, the Secretary shall provide to the Committees on Armed Services of
the Senate and the House of Representatives a briefing on the
methodology and approach of the study.
(2) Report.--If the Secretary conducts the study under subsection
(a), not later than two years after the date of the enactment of this
Act, the Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the results of
the study.
(f) Definitions.--In this section:
(1) The term ``TRICARE dental program'' means dental benefits under
section 1076a of title 10, United States Code.
(2) The term ``TRICARE Reserve Select'' means health benefits under
section 1076d of such title.
SEC. 708. GAO STUDY ON CERTAIN CONTRACTS RELATING TO TRICARE PROGRAM AND
OVERSIGHT OF SUCH CONTRACTS.
(a) Study.--The Comptroller General of the United States shall conduct a
study on certain contracts relating to the TRICARE program and the oversight
provided by the Director of the Defense Health Agency with respect to such
contracts.
(b) Matters.--The study under subsection (a) shall include an assessment of
the following:
(1) TRICARE managed care support contracts.--With respect to TRICARE
managed care support contracts (including the TRICARE managed care
support contract for which the Director of the Defense Health Agency
published a request for proposals on April 15, 2021, commonly referred
to as ``T-5''), the process used in awarding such contracts.
(2) Other contracts.--With respect to each contract relating to the
TRICARE program other than a contract specified in paragraph (1) entered
into by the Director of the Defense Health Agency during the period
beginning on October 1, 2017, and ending on September 30, 2022, where
the value of such contract is greater than $500,000,000, the following:
(A) The total number of such contracts, disaggregated by
fiscal year, contract type, type of product or service procured,
and total expenditure under each such contract by fiscal year.
(B) The total number of bid protests filed with respect to
such contracts, and the outcome of such protests.
(C) The total number of such contracts awarded through means
other than full and open competition.
(3) Defense health agency contract oversight.--With respect to the
period beginning on October 1, 2017, and ending on September 30, 2022,
the following:
(A) The staff of the Defense Health Agency responsible for
performing oversight of the contracts specified in paragraphs
(1) and (2), including the following:
(i) The number of such staff.
(ii) Any professional training requirements for such
staff.
(iii) Any acquisition certifications or
accreditations held by such staff.
(B) Any office or other element of the Defense Health Agency
responsible for contract award, administration, or oversight
with respect to the TRICARE program, including the
organizational structure, responsibilities, authorities, and key
roles of each such office or element.
(C) The process used by the Director of the Defense Health
Agency for determining staffing needs and competencies relating
to contract award, administration, or oversight with respect to
the TRICARE program.
(c) Interim Briefing; Report.--
(1) Interim briefing.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall provide to the
Committees on Armed Services of the House of Representatives and the
Senate an interim briefing on the study under subsection (a).
(2) Report.--Not later than two years after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a report containing the results of the study under subsection
(a).
SEC. 709. GAO STUDY ON COVERAGE OF MENTAL HEALTH SERVICES UNDER TRICARE PROGRAM
AND RELATIONSHIP TO CERTAIN MENTAL HEALTH PARITY LAWS.
(a) Study and Report Required.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the United States shall--
(1) conduct a study to describe--
(A) coverage of mental health services under the TRICARE
program;
(B) any limits on such coverage that are not also imposed on
health services other than mental health services under the
TRICARE program; and
(C) the efforts of the Department of Defense to align
coverage of mental health services under the TRICARE program
with coverage requirements under mental health parity laws; and
(2) submit to the Secretary of Defense, the congressional defense
committees, and (with respect to any findings concerning the Coast Guard
when it is not operating as a service in the Department of the Navy),
the Secretary of Homeland Security, the Committee on Transportation and
Infrastructure of the House of Representatives, and the Committee on
Commerce, Science, and Transportation of the Senate a report containing
the findings of such study.
(b) Definitions.--In this section:
(1) The term ``mental health parity laws'' means--
(A) section 2726 of the Public Health Service Act (42 U.S.C.
300gg-26);
(B) section 712 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1185a);
(C) section 9812 of the Internal Revenue Code of 1986 (26
U.S.C. 9812); or
(D) any other Federal law that applies the requirements
under any of the sections described in subparagraph (A), (B), or
(C), or requirements that are substantially similar to those
provided under any such section, as determined by the
Comptroller General.
(2) The term ``TRICARE program'' has the meaning given such term in
section 1072 of title 10, United States Code.
Subtitle B--Health Care Administration
SEC. 711. ACCOUNTABILITY FOR WOUNDED WARRIORS UNDERGOING DISABILITY EVALUATION.
(a) Policy.--Not later than April 1, 2023, the Secretary of Defense, in
consultation with the Secretaries concerned, shall establish a policy to ensure
accountability for actions taken under the authorities of the Defense Health
Agency and the Armed Forces, respectively, concerning wounded, ill, and injured
members of the Armed Forces during the integrated disability evaluation system
process. Such policy shall include the following:
(1) A restatement of the requirement that, in accordance with
section 1216(b) of title 10, United States Code, a determination of
fitness for duty of a member of the Armed Forces under chapter 61 of
title 10, United States Code, is the responsibility of the Secretary
concerned.
(2) A description of the role of the Director of the Defense Health
Agency in supporting the Secretaries concerned in carrying out
determinations of fitness for duty as specified in paragraph (1).
(3) A description of how the medical evaluation board processes of
the Armed Forces are integrated with the Defense Health Agency,
including with respect to case management, appointments, and other
relevant matters.
(4) A requirement that, in determining fitness for duty of a member
of the Armed Forces under chapter 61 of title 10, United States Code,
the Secretary concerned shall consider the results of any medical
evaluation of the member provided under the authority of the Defense
Health Agency pursuant to section 1073c of title 10, United States Code.
(5) A description of how the Director of the Defense Health Agency
adheres to the medical evaluation processes of the Armed Forces,
including an identification of each applicable regulation or policy to
which the Director is required to so adhere.
(6) An assessment of the feasibility of affording various additional
due process protections to members of the Armed Forces undergoing the
medical evaluation board process.
(7) A restatement of the requirement that wounded, ill, and injured
members of the Armed Forces may not be denied any due process protection
afforded under applicable law or regulation of the Department of Defense
or the Armed Forces.
(8) A description of the types of due process protections specified
in paragraph (7), including an identification of each specific due
process protection.
(b) Clarification of Responsibilities Regarding Medical Evaluation Boards.--
Section 1073c of title 10, United States Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new subsection
(h):
``(h) Rule of Construction Regarding Secretaries Concerned and Medical
Evaluation Boards.--Nothing in this section shall be construed as transferring
to the Director of the Defense Health Agency, or otherwise revoking, any
authority or responsibility of the Secretary concerned under chapter 61 of this
title with respect to a member of the armed forces (including with respect to
the administration of morale and welfare and the determination of fitness for
duty for the member) while the member is being considered by a medical
evaluation board.''.
(c) Briefing.--Not later than February 1, 2023, the Secretary of Defense
shall provide to the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the status of the implementation of
subsections (a) and (b).
(d) Report.--Not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a report on the implementation of
subsections (a) and (b), lessons learned as a result of such implementation, and
the recommendations of the Secretary relating to the policy on wounded, ill, and
injured members of the Armed Forces undergoing the integrated disability
evaluation system process.
(e) Secretary Concerned Defined.--In this section, the term ``Secretary
concerned'' has the meaning given that term in section 101 of title 10, United
States Code.
SEC. 712. INCLUSION OF LEVEL THREE TRAUMA CARE CAPABILITIES IN REQUIREMENTS FOR
MEDICAL CENTERS.
Section 1073d(b)(3) of title 10, United States Code, is amended by striking
``or level two'' and inserting ``, level two, or level three''.
SEC. 713. CENTERS OF EXCELLENCE FOR SPECIALTY CARE IN MILITARY HEALTH SYSTEM.
(a) Centers of Excellence.--Section 1073d(b)(4) of title 10, United States
Code, is amended to read as follows:
``(4)(A) The Secretary shall designate certain major medical centers as
regional centers of excellence for the provision of specialty care services in
the areas of specialty care described in subparagraph (D). A major medical
center may be designated as a center of excellence under this subparagraph for
more than one such area of specialty care.
``(B) The Secretary may designate certain medical centers as satellite
centers of excellence for the provision of specialty care services for specific
conditions, such as the following:
``(i) Post-traumatic stress.
``(ii) Traumatic brain injury.
``(iii) Such other conditions as the Secretary determines
appropriate.
``(C) Centers of excellence designated under this paragraph shall serve the
purposes of--
``(i) ensuring the military medical force readiness of the
Department of Defense and the medical readiness of the armed forces;
``(ii) improving the quality of health care furnished by the
Secretary to eligible beneficiaries; and
``(iii) improving health outcomes for eligible beneficiaries.
``(D) The areas of specialty care described in this subparagraph are as
follows:
``(i) Oncology.
``(ii) Burn injuries and wound care.
``(iii) Rehabilitation medicine.
``(iv) Psychological health and traumatic brain injury.
``(v) Amputations and prosthetics.
``(vi) Neurosurgery.
``(vii) Orthopedic care.
``(viii) Substance abuse.
``(ix) Infectious diseases and preventive medicine.
``(x) Cardiothoracic surgery.
``(xi) Such other areas of specialty care as the Secretary
determines appropriate.
``(E)(i) Centers of excellence designated under this paragraph shall be the
primary source within the military health system for the receipt by eligible
beneficiaries of specialty care.
``(ii) Eligible beneficiaries seeking a specialty care service through the
military health system shall be referred to a center of excellence designated
under subparagraph (A) for that area of specialty care or, if the specialty care
service sought is unavailable at such center, to an appropriate specialty care
provider in the private sector.
``(F) Not later than 90 days prior to the designation of a center of
excellence under this paragraph, the Secretary shall notify the Committees on
Armed Services of the House of Representatives and the Senate of such
designation.
``(G) In this paragraph, the term `eligible beneficiary' means any
beneficiary under this chapter.''.
(b) Deadline.--The Secretary of Defense shall designate certain major
medical centers as regional centers of excellence in accordance with section
1073d(b)(4)(A) of title 10, United States Code, as added by subsection (a), by
not later than one year after the date of the enactment of this Act.
(c) Report.--
(1) Submission.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a report that sets forth the plan of the Department of Defense to
designate centers of excellence under section 1073d(b)(4) of title 10,
United States Code, as added by subsection (a).
(2) Elements.--The report under paragraph (1) shall include the
following:
(A) A list of the centers of excellence to be designated
under such section 1073d(b)(4) and the locations of such
centers.
(B) A description of the specialty care services to be
provided at each such center and a staffing plan for each such
center.
(C) A description of how each such center shall improve--
(i) the military medical force readiness of the
Department and the medical readiness of the Armed
Forces;
(ii) the quality of care received by eligible
beneficiaries; and
(iii) the health outcomes of eligible beneficiaries.
(D) A comprehensive plan for the referral of eligible
beneficiaries for specialty care services at centers of
excellence designated under such section 1073d(b)(4) and
appropriate specialty care providers in the private sector.
(E) A plan to assist eligible beneficiaries with travel and
lodging, if necessary, in connection with the receipt of
specialty care services at centers of excellence designated
under such section 1073d(b)(4) or appropriate specialty care
providers in the private sector.
(F) A plan to transfer specialty care providers of the
Department to centers of excellence designated under such
section 1073d(b)(4), in a number as determined by the Secretary
to be required to provide specialty care services to eligible
beneficiaries at such centers.
(G) A plan to monitor access to care, beneficiary
satisfaction, experience of care, and clinical outcomes to
understand better the impact of such centers on the health care
of eligible beneficiaries.
(d) Eligible Beneficiary Defined.--In this section, the term ``eligible
beneficiary'' means any beneficiary under chapter 55 of title 10, United States
Code.
SEC. 714. MAINTENANCE OF CORE CASUALTY RECEIVING FACILITIES TO IMPROVE MEDICAL
FORCE READINESS.
(a) In General.--Section 1073d(b) of title 10, United States Code, as
amended by section 713, is further amended by adding at the end the following
new paragraph:
``(5)(A) The Secretary of Defense shall designate and maintain certain
military medical treatment facilities as core casualty receiving facilities, to
ensure the medical capability and capacity required to diagnose, treat, and
rehabilitate large volumes of combat casualties and, as may be directed by the
President or the Secretary, provide a medical response to events the President
determines or declares as natural disasters, mass casualty events, or other
national emergencies.
``(B) The Secretary shall ensure that the military medical treatment
facilities selected for designation pursuant to subparagraph (A) are
geographically located to facilitate the aeromedical evacuation of casualties
from theaters of operations.
``(C) The Secretary--
``(i) shall ensure that the Secretaries of the military departments
assign military personnel to core casualty receiving facilities
designated under subparagraph (A) at not less than 90 percent of the
staffing level required to maintain the operating bed capacity necessary
to support operation planning requirements;
``(ii) may augment the staffing of military personnel at core
casualty receiving facilities under subparagraph (A) with civilian
employees of the Department of Defense to fulfil the staffing
requirement under clause (i); and
``(iii) shall ensure that each core casualty receiving facility
under subparagraph (A) is staffed with a civilian Chief Financial
Officer and a civilian Chief Operating Officer with experience in the
management of civilian hospital systems, for the purpose of ensuring
continuity in the management of the facility.
``(D) In this paragraph:
``(i) The term `core casualty receiving facility' means a Role 4
medical treatment facility that serves as a medical hub for the receipt
and treatment of casualties, including civilian casualties, that may
result from combat or from an event the President determines or declares
as a natural disaster, mass casualty event, or other national emergency.
``(ii) The term `Role 4 medical treatment facility' means a medical
treatment facility that provides the full range of preventative,
curative, acute, convalescent, restorative, and rehabilitative care.''.
(b) Timeline for Establishment.--
(1) Designation.--Not later than October 1, 2024, the Secretary of
Defense shall designate four military medical treatment facilities as
core casualty receiving facilities under section 1073d(b)(5) of title
10, United States Code (as added by subsection (a)).
(2) Operational.--Not later than October 1, 2025, the Secretary
shall ensure that each such designated military medical treatment
facility is fully staffed and operational as a core casualty receiving
facility, in accordance with the requirements of such section
1073d(b)(5).
SEC. 715. CONGRESSIONAL NOTIFICATION REQUIREMENT TO MODIFY SCOPE OF SERVICES
PROVIDED AT MILITARY MEDICAL TREATMENT FACILITIES.
Section 1073d of title 10, United States Code, as amended by section 714, is
further amended by adding at the end the following new subsection:
``(f) Notification Required to Modify Scope of Services Provided at Military
Medical Treatment Facilities.--(1) The Secretary of Defense may not modify the
scope of medical care provided at a military medical treatment facility, or the
beneficiary population served at the facility, unless--
``(A) the Secretary submits to the Committees on Armed Services of
the House of Representatives and the Senate a notification of the
proposed modification in scope;
``(B) a period of 180 days has elapsed following the date on which
the Secretary submits such notification; and
``(C) if the proposed modification in scope involves the termination
or reduction of inpatient capabilities at a military medical treatment
facility located outside the United States, the Secretary has provided
to each member of the armed forces or covered beneficiary receiving
services at such facility a transition plan for the continuity of health
care for such member or covered beneficiary.
``(2) Each notification under paragraph (1) shall contain information
demonstrating, with respect to the military medical treatment facility for which
the modification in scope has been proposed, the extent to which the commander
of the military installation at which the facility is located has been consulted
regarding such modification, to ensure that the proposed modification in scope
would have no impact on the operational plan for such installation.''.
SEC. 716. IMPROVEMENTS TO PROCESSES TO REDUCE FINANCIAL HARM CAUSED TO CIVILIANS
FOR CARE PROVIDED AT MILITARY MEDICAL TREATMENT FACILITIES.
(a) Clarification of Fee Waiver Process.--Section 1079b of title 10, United
States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b) Waiver of Fees.--The Director of the Defense Health Agency may issue a
waiver for a fee that would otherwise be charged under the procedures
implemented under subsection (a) to a civilian provided medical care who is not
a covered beneficiary if the provision of such care enhances the knowledge,
skills, and abilities of health care providers, as determined by the Director of
the Defense Health Agency.''; and
(2) by redesignating subsection (c) as subsection (d).
(b) Modified Payment Plan for Certain Civilians.--Such section is further
amended--
(1) by inserting after subsection (b), as amended by subsection (a),
the following:
``(c) Modified Payment Plan for Certain Civilians.--(1)(A) If a civilian
specified in subsection (a) is covered by a covered payer at the time care under
this section is provided, the civilian shall only be responsible to pay the
standard copays, coinsurance, deductibles, or nominal fees that are otherwise
applicable under the covered payer plan.
``(B) Except with respect to the copays, coinsurance, deductibles, and
nominal fees specified in subparagraph (A)--
``(i) the Secretary of Defense may bill only the covered payer for
care provided to a civilian described in subparagraph (A); and
``(ii) payment received by the Secretary from the covered payer of a
civilian for care provided under this section that is provided to the
civilian shall be considered payment in full for such care.
``(2) If a civilian specified in subsection (a) does not meet the criteria
under paragraph (1), is underinsured, or has a remaining balance and is at risk
of financial harm, the Director of the Defense Health Agency shall reduce each
fee that would otherwise be charged to the civilian under this section according
to a sliding fee discount program, as prescribed by the Director of the Defense
Health Agency.
``(3) If a civilian specified in subsection (a) does not meet the criteria
under paragraph (1) or (2), the Director of the Defense Health Agency shall
implement an additional catastrophic waiver to prevent severe financial harm.
``(4) The modified payment plan under this subsection may not be
administered by a Federal agency other than the Department of Defense.''; and
(2) by adding at the end the following new subsection:
``(e) Definitions.--In this section:
``(1) The term `covered payer' means a third-party payer or other
insurance, medical service, or health plan.
``(2) The terms `third-party payer' and `insurance, medical service,
or health plan' have the meaning given those terms in section 1095(h) of
this title.''.
(c) Applicability.--The amendments made by subsections (a) and (b) shall
apply with respect to care provided on or after the date that is 180 days after
the date of the enactment of this Act.
SEC. 717. AUTHORITY TO CARRY OUT STUDIES AND DEMONSTRATION PROJECTS RELATING TO
DELIVERY OF HEALTH AND MEDICAL CARE THROUGH USE OF OTHER
TRANSACTION AUTHORITY.
(a) In General.--Section 1092(b) of title 10, United States Code, is amended
by inserting ``or transactions (other than contracts, cooperative agreements,
and grants)'' after ``contracts''.
(b) Briefing.--Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a briefing on how the
Secretary intends to use the authority to enter into transactions under section
1092(b) of title 10, United States Code, as amended by subsection (a).
SEC. 718. LICENSURE REQUIREMENT FOR CERTAIN HEALTH-CARE PROFESSIONALS PROVIDING
SERVICES AS PART OF MISSION RELATING TO EMERGENCY, HUMANITARIAN,
OR REFUGEE ASSISTANCE.
Section 1094(d)(2) of title 10, United States Code, is amended by inserting
`` contractor not covered under section 1091 of this title who is providing
medical treatment as part of a mission relating to emergency, humanitarian, or
refugee assistance,'' after ``section 1091 of this title,''.
SEC. 719. AUTHORIZATION OF PERMANENT PROGRAM TO IMPROVE OPIOID MANAGEMENT IN THE
MILITARY HEALTH SYSTEM.
Section 716 of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 1090 note), is amended--
(1) in subsection (a)(1), by striking ``Beginning not'' and
inserting ``Except as provided in subsection (e), beginning not'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new subsection
(e):
``(e) Alternative Initiative to Improve Opioid Management.--As an
alternative to the pilot program under this section, the Director of the Defense
Health Agency, not later than January 1, 2023--
``(1) may implement a permanent program to improve opioid management
for beneficiaries under the TRICARE program; and
``(2) if the Director decides to implement such a permanent program,
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives the specifications of and reasons for
implementing such program.''.
SEC. 720. MODIFICATION OF REQUIREMENT TO TRANSFER RESEARCH AND DEVELOPMENT AND
PUBLIC HEALTH FUNCTIONS TO DEFENSE HEALTH AGENCY.
(a) Temporary Retention.--Notwithstanding section 1073c(e) of title 10,
United States Code, at the discretion of the Secretary of Defense, a military
department may retain, until not later than February 1, 2024, a covered function
if the Secretary of Defense determines the covered function--
(1) addresses a need that is unique to the military department; and
(2) is in direct support of operating forces and necessary to
execute strategies relating to national security and defense.
(b) Briefing.--
(1) In general.--Not later than March 1, 2023, the Secretary of
Defense shall provide to the Committees on Armed Services of the House
of Representatives and the Senate a briefing on any covered function
that the Secretary has determined should be retained by a military
department pursuant to subsection (a).
(2) Elements.--The briefing required by paragraph (1) shall address
the following:
(A) A description of each covered function that the
Secretary has determined should be retained by a military
department pursuant to subsection (a).
(B) The rationale for each such determination.
(C) Recommendations for amendments to section 1073c of title
10, United States Code, to authorize the ongoing retention of
covered functions by military departments.
(c) Modification to Names of Public Health Commands.--Section 1073c(e)(2)(B)
of title 10, United States Code, is amended by striking ``Army Public Health
Command, the Navy-Marine Corps Public Health Command'' and inserting ``Army
Public Health Center, the Navy-Marine Corps Public Health Center''.
(d) Covered Function Defined.--In this section, the term ``covered
function'' means--
(1) a function relating to research and development that would
otherwise be transferred to the Defense Health Agency Research and
Development pursuant to section 1073c(e)(1) of title 10, United States
Code; or
(2) a function relating to public health that would otherwise be
transferred to the Defense Health Agency Public Health pursuant to
section 1073c(e)(2) of such title.
SEC. 721. ACCESS TO CERTAIN DEPENDENT MEDICAL RECORDS BY REMARRIED FORMER
SPOUSES.
(a) Access.--The Secretary of Defense may authorize a remarried former
spouse who is a custodial parent of a dependent child to retain electronic
access to the privileged medical records of such dependent child,
notwithstanding that the former spouse is no longer a dependent under section
1072(2) of title 10, United States Code.
(b) Definitions.--In this section:
(1) The term ``dependent'' has the meaning given that term in
section 1072 of title 10, United States Code.
(2) The term ``dependent child'' means a dependent child of a
remarried former spouse and a member or former member of a uniformed
service.
(3) The term ``remarried former spouse'' means a remarried former
spouse of a member or former member of a uniformed service.
SEC. 722. AUTHORITY FOR DEPARTMENT OF DEFENSE PROGRAM TO PROMOTE EARLY LITERACY
AMONG CERTAIN YOUNG CHILDREN.
(a) Authority.--The Secretary of Defense may carry out a program to promote
early literacy among young children in child development centers and libraries
located on installations of the Department of Defense.
(b) Activities.--Activities under the program under subsection (a) shall
include the following:
(1) The provision of training on early literacy promotion to
appropriate personnel of the Department.
(2) The purchase and distribution of age-appropriate books to
covered caregivers assigned to or serving at an installation of the
Department with a child development center or library at which the
Secretary is carrying out the program.
(3) The dissemination to covered caregivers of education materials
on early literacy.
(4) Such other activities as the Secretary determines appropriate.
(c) Locations.--In carrying out the program under subsection (a), the
Secretary may conduct the activities under subsection (b) at any child
development center or library located on an installation of the Department.
(d) Briefing.--Not later than one year after the date of the enactment of
this Act, the Secretary shall provide to the Committees on Armed Services of the
House of Representatives and the Senate a briefing on the extent to which the
authority under subsection (a) is used, including--
(1) a description of any activities carried out under the program so
authorized; and
(2) an evaluation of the potential expansion of such program to be
included as a part of the pediatric primary care of young children and
to be carried out in military medical treatment facilities.
(b) Definitions.--In this section:
(1) The term ``covered caregiver'' means a member of the Armed
Forces who is a caregiver of a young child.
(2) The term ``young child'' means any child from birth to the age
of five years old, inclusive.
SEC. 723. PLAN FOR ACCOUNTABLE CARE ORGANIZATION DEMONSTRATION.
(a) In General.--Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, acting through the Director of the Defense
Health Agency, shall submit to the Committees on Armed Services of the House of
Representatives and the Senate a plan for the conduct of the Accountable Care
Organization demonstration, notice of which was published in the Federal
Register on August 16, 2019 (84 Fed. Reg. 41974), (in this section referred to
as the ``Demonstration'').
(b) Elements.--The plan under subsection (a) shall include, the following:
(1) A description of how the Demonstration shall be conducted to
deliver improved health outcomes, improved quality of care, and lower
costs under the TRICARE program.
(2) A description of the results for the TRICARE program that the
Secretary plans to achieve through the Demonstration, with respect to
the following outcome measures:
(A) Clinical performance.
(B) Utilization improvement.
(C) Beneficiary engagement.
(D) Membership growth and retention.
(E) Case management.
(F) Continuity of care.
(G) Use of telehealth.
(3) A description of how the Demonstration shall be conducted to
shift financial risk from the Department of Defense to civilian health
care providers.
(4) A description of how investment in the Demonstration shall serve
as a bridge to future competitive demonstrations of the Department of
Defense with accountable care organizations.
(5) A detailed description of the geographic locations at which the
Secretary plans to conduct such future competitive demonstrations.
(6) A description of how a third-party administrator shall manage
the administrative components of the Demonstration, including with
respect to eligibility, enrollment, premium payment processes,
submission of qualifying life events changes, and mailing address
changes.
(c) TRICARE Program Defined.--In this section, the term ``TRICARE program''
has the meaning given that term in section 1072 of title 10, United States Code.
SEC. 724. FEASIBILITY STUDY AND PLAN ON ESTABLISHING A MILITARY HEALTH SYSTEM
MEDICAL LOGISTICS DIRECTORATE AND MILITARY HEALTH SYSTEM EDUCATION
AND TRAINING DIRECTORATE.
(a) Study and Plan.--The Secretary of Defense, in consultation with the
Secretaries of the military departments and the Joint Chiefs of Staff, shall--
(1) conduct a study on the feasibility of the establishment within
the Defense Health Agency of two subordinate organizations, to be known
as the Military Health System Medical Logistics Directorate and the
Military Health System Education and Training Directorate, respectively;
and
(2) develop a plan for such establishment.
(b) Elements.--The plan under subsection (a)(2) shall include the following:
(1) Military health system medical logistics directorate.--With
respect to the Military Health System Medical Logistics Directorate, the
following:
(A) A description of the organizational structure of the
Directorate (including any subordinate organizations), including
the incorporation into the Directorate of existing organizations
of the military departments that provide operational theater
medical materiel support.
(B) A description of the resourcing by the Secretary of the
executive leadership of the Directorate.
(C) A description of the geographic location, or multiple
such locations, of the elements of the Directorate.
(D) A description of how the head of the medical research
and development organization within the Defense Health Agency
shall coordinate with the Directorate.
(E) A description of the ability of the Directorate to
address the medical logistics requirements of the military
departments, the combatant commands, and the Joint Staff.
(F) A description of any additional funding required to
establish the Directorate.
(G) A description of any additional legislative authorities
required to establish the Directorate, including any such
authorities required for the leadership and direction of the
Directorate.
(H) A description of any military department-specific
capabilities, requirements, or best practices relating to
medical logistics necessary to be considered prior to the
establishment of the Directorate.
(I) Such other matters relating to the establishment,
operations, or activities of the Directorate as the Secretary
may determine appropriate.
(2) Military health system education and training directorate.--With
respect to the Military Health System Education and Training
Directorate, the following:
(A) A description of the organizational structure of the
Directorate (including any subordinate organizations), including
the incorporation into the Directorate of existing organizations
that provide relevant medical education and training, such as
the following:
(i) The Uniformed Services University of the Health
Sciences.
(ii) The College of Allied Health Sciences of the
Uniformed Services University of the Health Sciences.
(iii) The Medical Education and Training Campus of
the Department of Defense.
(iv) The medical education and training commands and
organizations of the military departments.
(v) The medical training programs of the military
departments affiliated with civilian academic
institutions.
(B) A description of the resourcing by the Secretary of the
executive leadership of the Directorate.
(C) A description of the geographic location, or multiple
such locations, of the elements of the Directorate.
(D) A description of the ability of the Directorate to
address the medical education and training requirements of the
military departments.
(E) A description of any additional funding required for the
establishment the Directorate.
(F) A description of any additional legislative authorities
required for the establishment of the Directorate, including any
such authorities required for the leadership and direction of
the Directorate.
(G) Such other matters relating to the establishment,
operations, or activities of the Directorate as the Secretary
may determine appropriate.
(c) Submission.--Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the House of Representatives and the Senate--
(1) the results of the study under subsection (a)(1); and
(2) the plan under subsection (a)(2).
Subtitle C--Reports and Other Matters
SEC. 731. BRIEFING AND REPORT ON REDUCTION OR REALIGNMENT OF MILITARY MEDICAL
MANNING AND MEDICAL BILLETS.
Section 731(a)(2)(A) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1796) is amended to read as follows:
``(A) Briefing; report.--The Comptroller General of the
United States shall--
``(i) not later than February 1, 2023, provide to
the Committees on Armed Services of the House of
Representatives and the Senate a briefing on preliminary
observations regarding the analyses used to support any
reduction or realignment of military medical manning,
including any reduction or realignment of medical
billets of the military departments; and
``(ii) not later than May 31, 2023, submit to the
Committees on Armed Services of the House of
Representatives and the Senate a report on such
analyses.''.
SEC. 732. INDEPENDENT ANALYSIS OF DEPARTMENT OF DEFENSE COMPREHENSIVE AUTISM
CARE DEMONSTRATION PROGRAM.
Section 737 of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1800) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A)--
(i) by inserting ``broadly'' after ``disorder''; and
(ii) by striking ``demonstration project'' and
inserting ``demonstration program'';
(B) in subparagraph (B), by striking ``demonstration
project'' and inserting ``demonstration program'';
(C) in subparagraph (C), by inserting ``parental involvement
in applied behavioral analysis treatment, and'' after
``including'';
(D) in subparagraph (D), by striking ``for an individual who
has'' and inserting ``, including mental health outcomes, for
individuals who have'';
(E) in subparagraph (E), by inserting ``since its
inception'' after ``demonstration program'';
(F) in subparagraph (F), by inserting ``cost effectiveness,
program effectiveness, and clinical'' after ``measure the'';
(G) in subparagraph (G), by inserting ``than in the general
population'' after ``families'';
(H) by redesignating subparagraph (H) as subparagraph (I);
and
(I) by inserting after subparagraph (G) the following new
subparagraph (H):
``(H) An analysis of whether the diagnosis and treatment of
autism is higher among the children of military families than in
the general population.''; and
(2) in subsection (c), in the matter preceding paragraph (1), by
striking ``nine'' and inserting ``31''.
SEC. 733. CLARIFICATION OF MEMBERSHIP REQUIREMENTS AND COMPENSATION AUTHORITY
FOR INDEPENDENT SUICIDE PREVENTION AND RESPONSE REVIEW COMMITTEE.
Section 738 of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1801) is amended--
(1) in subsection (b)(3), by striking ``none of whom may be'' and
all that follows through the closing period and inserting ``none of whom
may be--''
``(A) a member of an Armed Force; or
``(B) a civilian employee of the Department of Defense,
unless the individual is a former member of an Armed Force.''.
(2) by redesignating subsections (f) through (h) as subsections (g)
through (i), respectively; and
(3) by inserting after subsection (e) the following new subsection
(f):
``(f) Compensation.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary may compensate members of the committee established under
subsection (a) for the work of such members for the committee.
``(2) Exception.--A member of the committee established under
subsection (a) who is a civilian employee of the Department of Defense
and a former member of an Armed Force may not receive compensation under
paragraph (1).
``(3) Treatment of compensation.--A member of the committee
established under subsection (a) who receives compensation under
paragraph (1) shall not be considered a civilian employee of the
Department of Defense for purposes of subsection (b)(3)(B).''.
SEC. 734. TERMINATION OF VETERANS' ADVISORY BOARD ON RADIATION DOSE
RECONSTRUCTION.
Section 601 of the Veterans Benefit Act of 2003 (Public Law 108-183; 38
U.S.C. 1154 note) is amended--
(1) in subsection (b), by striking ``, including the establishment
of the advisory board required by subsection (c)''; and
(2) by striking subsection (c).
SEC. 735. BRAIN HEALTH INITIATIVE OF DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense, in consultation with the
Secretaries concerned, shall establish a comprehensive initiative for brain
health to be known as the ``Warfighter Brain Health Initiative'' (in this
section referred to as the ``Initiative'') for the purpose of unifying efforts
and programs across the Department of Defense to improve the cognitive
performance and brain health of members of the Armed Forces.
(b) Objectives.--The objectives of the Initiative shall be the following:
(1) To enhance, maintain, and restore the cognitive performance of
members of the Armed Forces through education, training, prevention,
protection, monitoring, detection, diagnosis, treatment, and
rehabilitation, including through the following activities:
(A) The establishment of a program to monitor cognitive
brain health across the Department of Defense, with the goal of
detecting any need for cognitive enhancement or restoration
resulting from potential brain exposures of members of Armed
Forces, to mitigate possible evolution of injury or disease
progression.
(B) The identification and dissemination of thresholds for
blast pressure safety and associated emerging scientific
evidence.
(C) The modification of high-risk training and operational
activities to mitigate the negative effects of repetitive blast
exposure.
(D) The identification of individuals who perform high-risk
training or occupational activities, for purposes of increased
monitoring of the brain health of such individuals.
(E) The development and operational fielding of non-
invasive, portable, point-of-care medical devices, to inform the
diagnosis and treatment of traumatic brain injury.
(F) The establishment of a standardized monitoring program
that documents and analyzes blast exposures that may affect the
brain health of members of the Armed Forces.
(G) The consideration of the findings and recommendations of
the report of the National Academies of Science, Engineering,
and Medicine titled ``Traumatic Brain Injury: A Roadmap for
Accelerating Progress'' and published in 2022 (relating to the
acceleration of progress in traumatic brain injury research and
care), or any successor report, in relation to the activities of
the Department relating to brain health, as applicable.
(2) To harmonize and prioritize the efforts of the Department of
Defense into a single approach to brain health.
(c) Annual Budget Justification Documents.--In the budget justification
materials submitted to Congress in support of the Department of Defense budget
for each of fiscal years 2025 through 2029 (as submitted with the budget of the
President under section 1105(a) of title 31, United States Code), the Secretary
of Defense shall include a budget justification display that includes all
activities of the Department relating to the Initiative.
(d) Pilot Program Relating to Monitoring of Blast Coverage.--
(1) Authority.--The Director of the Defense Health Agency may
conduct, as part of the Initiative, a pilot program under which the
Director shall monitor blast overpressure exposure through the use of
commercially available, off-the-shelf, wearable sensors, and document
and evaluate data collected as a result of such monitoring.
(2) Locations.--Monitoring activities under a pilot program
conducted pursuant to paragraph (1) shall be carried out in each
training environment that the Director determines poses a risk for blast
overpressure exposure.
(3) Documentation and sharing of data.--If the Director conducts a
pilot program pursuant to paragraph (1), the Director shall--
(A) ensure that any data collected pursuant to such pilot
program that is related to the health effects of the blast
overpressure exposure of a member of the Armed Forces who
participated in the pilot program is documented and maintained
by the Secretary of Defense in an electronic health record for
the member; and
(B) to the extent practicable, and in accordance with
applicable provisions of law relating to data privacy, make data
collected pursuant to such pilot program available to other
academic and medical researchers for the purpose of informing
future research and treatment options.
(e) Strategy and Implementation Plan.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the Senate a
report setting forth a strategy and implementation plan of the Department of
Defense to achieve the objectives of the Initiative under subsection (b).
(f) Annual Briefings.--Not later than January 31, 2024, and annually
thereafter until January 31, 2027, the Secretary of Defense shall provide to the
Committees on Armed Services of the House of Representatives and the Senate a
report on the Initiative that includes the following:
(1) A description of the activities taken under the Initiative and
resources expended under the Initiative during the prior fiscal year.
(2) A summary of the progress made during the prior fiscal year with
respect to the objectives of the Initiative under subsection (b).
(g) Secretary Concerned Defined.--In this section, the term ``Secretary
concerned'' has the meaning given that term in section 101 of title 10, United
States Code.
SEC. 736. ESTABLISHMENT OF PARTNERSHIP PROGRAM BETWEEN UNITED STATES AND UKRAINE
FOR MILITARY TRAUMA CARE AND RESEARCH.
Not later than February 24, 2023, the Secretary of Defense shall seek to
enter into a partnership with the appropriate counterpart from the Government of
Ukraine for the establishment of a joint program on military trauma care and
research. Such program shall consist of the following:
(1) The sharing of relevant lessons learned from the Russo-Ukraine
War.
(2) The conduct of relevant joint conferences and exchanges with
military medical professionals from Ukraine and the United States.
(3) Collaboration with the armed forces of Ukraine on matters
relating to health policy, health administration, and medical supplies
and equipment, including through knowledge exchanges.
(4) The conduct of joint research and development on the health
effects of new and emerging weapons.
(5) The entrance into agreements with military medical schools of
Ukraine for reciprocal education programs under which students at the
Uniformed Services University of the Health Sciences receive specialized
military medical instruction at the such military medical schools of
Ukraine and military medical personnel of Ukraine receive specialized
military medical instruction at the Uniformed Services University of the
Health Sciences, pursuant to section 2114(f) of title 10, United States
Code.
(6) The provision of support to Ukraine for the purpose of
facilitating the establishment in Ukraine of a program substantially
similar to the Wounded Warrior Program in the United States.
(7) The provision of training to the armed forces of Ukraine in the
following areas:
(A) Health matters relating to chemical, biological,
radiological, nuclear and explosive weapons.
(B) Preventive medicine and infectious disease.
(C) Post traumatic stress disorder.
(D) Suicide prevention.
(8) The maintenance of a list of medical supplies and equipment
needed.
(9) Such other elements as the Secretary of Defense may determine
appropriate.
SEC. 737. IMPROVEMENTS RELATING TO BEHAVIORAL HEALTH CARE AVAILABLE UNDER
MILITARY HEALTH SYSTEM.
(a) Study Relating to Uniformed Services University of the Health Science.--
(1) Study.--The Secretary of Defense shall conduct a study on the
feasibility and advisability of the following:
(A) Establishing graduate degree-granting programs in
counseling and social work at the Uniformed Services University
of the Health Sciences.
(B) Expanding the clinical psychology graduate program of
the Uniformed Services University of the Health Sciences.
(2) Matters.--The study under paragraph (1) shall include a
description of--
(A) the process by which, as a condition of enrolling in a
degree-granting program specified in such paragraph, a civilian
student would be required to commit to post-award employment
obligations; and
(B) the processes and consequences that would apply if such
obligations are not met.
(3) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a report
containing the findings of the study under paragraph (1).
(b) Pilot Program on Scholarship-for-service for Civilian Behavioral Health
Providers.--
(1) Pilot program.--Not later than two years after the date of the
enactment of this Act, the Secretary of Defense shall commence the
conduct of a pilot program under which--
(A) the Secretary may provide--
(i) scholarships to cover tuition and related fees
at an institution of higher education to an individual
enrolled in a program of study leading to a graduate
degree in clinical psychology, social work, counseling,
or a related field (as determined by the Secretary); and
(ii) student loan repayment assistance to a
credentialed behavioral health provider who has a
graduate degree in clinical psychology, social work,
counseling, or a related field (as determined by the
Secretary); and
(B) in exchange for such assistance, the recipient shall
commit to work as a covered civilian behavioral health provider
in accordance with paragraph (2).
(2) Post-award employment obligations.--
(A) In general.--Subject to subparagraph (B), as a condition
of receiving assistance under paragraph (1), the recipient of
such assistance shall enter into an agreement with the Secretary
of Defense pursuant to which the recipient agrees to work on a
full-time basis as a covered civilian behavioral health provider
for a period of a duration that is at least equivalent to the
period during which the recipient received assistance under such
paragraph.
(B) Other terms and conditions.--An agreement entered into
pursuant to subparagraph (A) may include such other terms and
conditions as the Secretary of Defense may determine necessary
to protect the interests of the United States or otherwise
appropriate for purposes of this section, including terms and
conditions providing for limited exceptions from the post-award
employment obligation specified in such subparagraph.
(3) Repayment.--
(A) In general.--An individual who receives assistance under
paragraph (1) and does not complete the employment obligation
required under the agreement entered into pursuant to paragraph
(2) shall repay to the Secretary of Defense a prorated portion
of the financial assistance received by the individual under
paragraph (1).
(B) Determination of amount.--The amount of any repayment
required under subparagraph (A) shall be determined by the
Secretary.
(4) Duration.--The authority to carry out the pilot program under
paragraph (1) shall terminate on the date that is 10 years after the
date on which such pilot program commences.
(5) Implementation plan.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a plan for the implementation of this section.
(6) Reports.--
(A) In general.--Not later than each of one year and five
years after the commencement of the pilot program under
paragraph (1), the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representative and
the Senate a report on the pilot program.
(B) Elements.--Each report under subparagraph (A) shall
include, with respect to the pilot program under subsection (1),
the following:
(i) The number of students receiving scholarships
under the pilot program.
(ii) The institutions of higher education at which
such students are enrolled.
(iii) The total amount of financial assistance
expended under the pilot program per academic year.
(iv) The average scholarship amount per student
under the pilot program.
(v) The number of students hired as covered
behavioral health providers pursuant to the pilot
program.
(vi) Any recommendations for terminating the pilot
program, extending the pilot program, or making the
pilot program permanent.
(c) Report on Behavioral Health Workforce.--
(1) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall conduct an analysis of the
behavioral health workforce under the direct care component of the
military health system and submit to the Committees on Armed Services of
the House of Representatives and the Senate a report containing the
results of such analysis. Such report shall include, with respect to
such workforce, the following:
(A) The number of positions authorized for military
behavioral health providers within such workforce, and the
number of such positions filled, disaggregated by the
professions described in paragraph (2).
(B) The number of positions authorized for civilian
behavioral health providers within such workforce, and the
number of such positions filled, disaggregated by the
professions described in paragraph (2).
(C) For each military department, the ratio of military
behavioral health providers assigned to military medical
treatment facilities compared to civilian behavioral health
providers so assigned, disaggregated by the professions
described in paragraph (2).
(D) For each military department, the number of military
behavioral health providers authorized to be embedded within an
operational unit, and the number of such positions filled,
disaggregated by the professions described in paragraph (2).
(E) Data on the historical demand for behavioral health
services by members of the Armed Forces.
(F) An estimate of the number of health care providers
necessary to meet the demand by such members for behavioral
health care services under the direct care component of the
military health system, disaggregated by provider type.
(G) An identification of any shortfall between the estimated
number under subparagraph (F) and the total number of positions
for behavioral health providers filled within such workforce.
(H) Such other information as the Secretary may determine
appropriate.
(2) Provider types.--The professions described in this paragraph are
as follows:
(A) Clinical psychologists.
(B) Social workers.
(C) Counselors.
(D) Such other professions as the Secretary may determine
appropriate.
(3) Behavioral health workforce at remote locations.--In conducting
the analysis of the behavioral health workforce under paragraph (1), the
Secretary of Defense shall ensure such behavioral health workforce at
remote locations (including Guam and Hawaii) and any shortfalls thereof,
is taken into account.
(d) Plan to Address Shortfalls in Behavioral Health Workforce.--Not later
than one year after the date on which the report under subsection (c) is
submitted, the Secretary of Defense shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a plan to address any
shortfall of the behavioral health workforce identified under paragraph (1)(G)
of such subsection. Such plan shall address the following:
(1) With respect to any such shortfall of military behavioral health
providers (addressed separately with respect to such providers assigned
to military medical treatment facilities and such providers assigned to
be embedded within operational units), the recruitment, accession,
retention, special pay and other aspects of compensation, workload, role
of the Uniformed Services University of the Health Sciences and the
Armed Forces Health Professions Scholarship Program under chapter 105 of
title 10, United States Code, any additional authorities or resources
necessary for the Secretary to increase the number of such providers,
and such other considerations as the Secretary may consider appropriate.
(2) With respect to addressing any such shortfall of civilian
behavioral health providers, the recruitment, hiring, retention, pay and
benefits, workload, educational scholarship programs, any additional
authorities or resources necessary for the Secretary to increase the
number of such providers, and such other considerations as the Secretary
may consider appropriate.
(3) A recommendation as to whether the number of military behavioral
health providers in each military department should be increased, and if
so, by how many.
(4) A plan to ensure that remote installations are prioritized for
the assignment of military behavioral health providers.
(5) Updated access standards for behavioral health care under the
military health system, taking into account--
(A) the duration of time between a patient receiving a
referral for such care and the patient receiving individualized
treatment (following an initial intake assessment) from a
behavioral health provider; and
(B) the frequency of regular follow-up appointments
subsequent to the first appointment at which a patient receives
such individualized treatment.
(6) A plan to expand access to behavioral health care under the
military health system using telehealth.
(e) Definitions.--In this section:
(1) The term ``behavioral health'' includes psychiatry, clinical
psychology, social work, counseling, and related fields.
(2) The term ``civilian behavioral health provider'' means a
behavioral health provider who is a civilian employee of the Department
of Defense.
(3) The term ``counselor'' means an individual who holds--
(A) a master's or doctoral degree from an accredited
graduate program in--
(i) marriage and family therapy; or
(ii) clinical mental health counseling; and
(B) a current license or certification from a State that
grants the individual the authority to provide counseling
services as an independent practitioner in the respective field
of the individual.
(4) The term ``covered civilian behavioral health provider'' means a
civilian behavioral health provider whose employment by the Secretary of
Defense involves the provision of behavioral health services at a
military medical treatment facility.
(5) The term ``institution of higher education'' has the meaning
given that term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(6) The term ``military behavioral health provider'' means a
behavioral health provider who is a member of the Armed Forces.
(7) The term ``military installation'' has the meaning given that
term in section 2801 of title 10, United States Code.
(8) The term ``military medical treatment facility'' means a
facility specified in section 1073d of such title.
(9) The term ``remote installation'' means a military installation
that the Secretary determines to be in a remote location.
(10) The term ``State'' means each of the several States, the
District of Columbia, and each commonwealth, territory or possession of
the United States.
SEC. 738. CERTIFICATION PROGRAM IN PROVISION OF MENTAL HEALTH SERVICES TO
MEMBERS OF THE ARMED FORCES AND MILITARY FAMILIES.
(a) In General.--The Secretary of Defense, in consultation with the
President of the Uniformed Services University of the Health Sciences, shall
develop a curriculum and certification program to provide civilian mental health
professionals and students in mental health-related disciplines with the
specialized knowledge and skills necessary to address the unique mental health
needs of members of the Armed Forces and military families.
(b) Implementation.--Not later than 90 days after completing the development
of the curriculum and certification program under subsection (a), the Secretary
of Defense shall implement such curriculum and certification program in the
Uniformed Services University of the Health Sciences.
(c) Authority to Disseminate Best Practices.--The Secretary of Defense may
disseminate best practices based on the curriculum and certification program
developed and implemented under this section to other institutions of higher
education, as such term is defined in section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002).
(d) Termination.--The authority to carry out the curriculum and
certification program under this section shall terminate on the date that is
five years after the date of the enactment of this Act.
(e) Briefing.--Not later than 180 days after the termination date specified
in subsection (d), the Secretary of Defense shall provide to the Committees on
Armed Services of the House of Representatives and the Senate a briefing on the
results of the curriculum and certification program developed and implemented
under this section.
SEC. 739. STANDARDIZATION OF POLICIES RELATING TO SERVICE IN ARMED FORCES BY
INDIVIDUALS DIAGNOSED WITH HBV.
(a) In General.--Not later than one year after the date of the enactment of
this Act, the Secretary of Defense, in coordination with the Secretaries
concerned, shall--
(1) review regulations, establish policies, and issue guidance
relating to service in the Armed Forces by individuals diagnosed with
HBV, consistent with the health care standards and clinical guidelines
of the Department of Defense; and
(2) identify areas where the regulations, policies, and guidance of
the Department relating to individuals diagnosed with HBV (including
with respect to enlistments, assignments, deployments, and retention
standards) may be standardized across the Armed Forces.
(b) Definitions.--In this section:
(1) The term ``HBV'' means the Hepatitis B Virus.
(2) The term ``Secretary concerned'' has the meaning given that term
in section 101 of title 10, United States Code.
SEC. 740. SUICIDE CLUSTER: STANDARDIZED DEFINITION FOR USE BY DEPARTMENT OF
DEFENSE; CONGRESSIONAL NOTIFICATION.
(a) Standardization of Definition.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense, in consultation with the
Secretaries concerned, shall develop, for use across the Armed Forces, a
standardized definition for the term ``suicide cluster''.
(b) Notification Required.--Beginning not later than one year after the date
of the enactment of this Act, whenever the Secretary determines the occurrence
of a suicide cluster (as that term is defined pursuant to subsection (a)) among
members of the Armed Forces, the Secretary shall submit to the Committees on
Armed Services of the House of Representatives and the Senate a notification of
such determination.
(c) Briefing.--Not later than April 1, 2023, the Secretary of Defense shall
provide to the Committees on Armed Services of the House of Representatives and
the Senate a briefing on the following:
(1) The methodology being used in the development of the definition
under subsection (a).
(2) The progress made towards the development of the process for
submitting required notifications under subsection (b).
(3) An estimated timeline for the implementation of this section.
(d) Coordination Required.--In developing the definition under subsection
(a) and the process for submitting required notifications under subsection (b),
the Secretary of Defense shall coordinate with the Secretaries concerned.
(e) Secretary Concerned Defined.--In this section, the term ``Secretary
concerned'' has the meaning given that term in section 101 of title 10, United
States Codes.
SEC. 741. LIMITATION ON REDUCTION OF MILITARY MEDICAL MANNING END STRENGTH:
CERTIFICATION REQUIREMENT AND OTHER REFORMS.
(a) Limitation.--
(1) In general.--Except as provided in paragraph (2), and in
addition to the limitation under section 719 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat.
1454), as most recently amended by section 731 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
1795), during the five-year period beginning on the date of the
enactment of this Act, neither the Secretary of Defense nor a Secretary
concerned may reduce military medical end strength authorizations, and
following such period, neither may reduce such authorizations unless the
Secretary of Defense issues a waiver pursuant to paragraph (6).
(2) Exception.--The limitation under paragraph (1) shall not apply
with respect to the following:
(A) Administrative billets of a military department that
have remained unfilled since at least October 1, 2018.
(B) Billets identified as non-clinical in the budget of the
President for fiscal year 2020 submitted to Congress pursuant to
section 1105(a) of title 31, United States Code, except that the
number of such billets may not exceed 1,700.
(C) Medical headquarters billets of the military departments
not assigned to, or providing direct support to, operational
commands.
(3) Report on composition of military medical workforce
requirements.--The Secretary of Defense, in coordination with the
Secretaries of the military departments, shall conduct an assessment of
current military medical manning requirements (taking into consideration
factors including future operational planning, training, and beneficiary
healthcare) and submit to the Committees on Armed Services of the House
of Representatives and the Senate a report containing the findings of
such assessment. Such assessment shall be informed by the following:
(A) The National Defense Strategy submitted under section
113(g) of title 10, United States Code.
(B) The National Military Strategy prepared under section
153(b) of such title.
(C) The campaign plans of the combatant commands.
(D) Theater strategies.
(E) The joint medical estimate under section 732 of the John
S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 132 Stat. 1817).
(F) The plan of the Department of Defense on integrated
medical operations, as updated pursuant to paragraph (1) of
section 724(a) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1793; 10 U.S.C.
1096 note).
(G) The plan of the Department of Defense on global patient
movement, as updated pursuant to paragraph (2) of such section
724(a).
(H) The biosurveillance program of the Department of Defense
established pursuant to Department of Defense Directive 6420.02
(relating to biosurveillance).
(I) Requirements for graduate medical education.
(J) The report of the COVID-19 Military Health System Review
Panel under section 731 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283; 134 Stat. 3698).
(K) The report of the Inspector General of the Department of
Defense titled ``Evaluation of Department of Defense Military
Medical Treatment Facility Challenges During the Coronavirus
Disease-2019 (COVID-19) Pandemic in Fiscal Year 2021 (DODIG-
2022-081)'' and published on April 5, 2022.
(L) Reports of the Comptroller General of the United States
relating to military health system reforms undertaken on or
after January, 1, 2017, including any such reports relating to
military medical manning and force composition mix.
(M) Such other reports as may be determined appropriate by
the Secretary of Defense.
(4) Certification.--The Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a certification containing the following:
(A) A certification of the completion of a comprehensive
review of military medical manning, including with respect to
the medical corps (or other health- or medical-related component
of a military department), designator, profession, occupation,
and rating of medical personnel.
(B) A justification for any proposed increase, realignment,
reduction, or other change to the specialty or occupational
composition of military medical end strength authorizations,
which may include compliance with a requirement or
recommendation set forth in a strategy, plan, or other matter
specified in paragraph (3).
(C) A certification that, in the case that any change to
such specialty or occupational composition is required, a
vacancy resulting from such change may not be filled with a
position other than a health- or medical-related position until
such time as there are no military medical billets remaining to
fill the vacancy.
(D) A risk analysis associated with the potential
realignment or reduction of any military medical end strength
authorizations.
(E) An identification of any plans of the Department to
backfill military medical personnel positions with civilian
personnel.
(F) A plan to address persistent vacancies for civilian
personnel in health- or medical-related positions, and a risk
analysis associated with the hiring, onboarding, and retention
of such civilian personnel, taking into account provider
shortfalls across the United States.
(G) A comprehensive plan to mitigate any risk identified
pursuant to subparagraph (D) or (F), including with respect to
funding necessary for such mitigation across fiscal years.
(5) Process required.--The Secretaries of the military departments,
in coordination with the Secretary of Defense and the Chairman of the
Joint Chiefs of Staff, shall develop and submit to the Committees on
Armed Services of the House of Representatives and the Senate a process
for the authorization of proposed modifications to the composition of
the medical manning force mix across the military departments while
maintaining compliance with the limitation under paragraph (1). Such
process shall--
(A) take into consideration the funding required for any
such proposed modification; and
(B) include distinct processes for proposed increases and
proposed decreases, respectively, to the medical manning force
mix of each military department.
(6) Waiver.--
(A) In general.--Following the conclusion of the five-year
period specified in paragraph (1), the Secretary of Defense may
waive the prohibition under such subsection if--
(i) the report requirement under paragraph (3), the
certification requirement under paragraph (4), and the
process requirement under paragraph (5) have been
completed;
(ii) the Secretary determines that the waiver is
necessary and in the interests of the national security
of the United States; and
(iii) the waiver is issued in writing.
(B) Notification to congress.--Not later than five days
after issuing a waiver under subparagraph (A), the Secretary of
Defense shall submit to the Committees on Armed Services of the
House of Representatives and the Senate a notification of the
waiver (including the text of the waiver and a justification for
the waiver) and provide to such committees a briefing on the
components of the waiver.
(b) Temporary Suspension of Implementation of Plan for Restructure or
Realignment of Military Medical Treatment Facilities.--The Secretary of Defense
may not implement the plan under section 703(d)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2199)
until the later of the following:
(1) The date that is one year after the date of the enactment of
this Act.
(2) The date on which the Secretary of Defense completes the
following:
(A) A risk analysis for each military medical treatment
facility to be realigned, restructured, or otherwise affected
under the implementation plan under such section 703(d)(1),
including an assessment of the capacity of the TRICARE network
of providers in the area of such military medical treatment
facility to provide care to the TRICARE Prime beneficiaries that
would otherwise be assigned to such military medical treatment
facility.
(B) An identification of the process by which the assessment
conducted under subsection (a)(3) and the certification required
under subsection (a)(4) shall be linked to any restructuring or
realignment of military medical treatment facilities.
(c) Briefings; Final Report.--
(1) Initial briefing.--Not later than April 1, 2023, the Secretary
of Defense shall provide to the Committees on Armed Services of the
House of Representatives and the Senate a briefing on--
(A) the method by which the Secretary plans to meet the
report requirement under subsection (a)(3), the certification
requirement under subsection (a)(4), and the process requirement
under subsection (a)(5); and
(B) the matters specified in subparagraphs (A) and (B) of
subsection (b)(2).
(2) Briefing on progress.--Not later than two years after the date
of the enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the House of Representatives and the
Senate a briefing on the progress made towards completion of the
requirements specified in paragraph (1)(A).
(3) Final briefing.--Not later than three years after the date of
the enactment of this Act, the Secretary of Defense shall provide to the
Committees on Armed Services of the House of Representatives and the
Senate a final briefing on the completion of such requirements.
(4) Final report.--Not later than three years after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a final report on the completion of such requirements. Such final
report shall be in addition to the report, certification, and process
submitted under paragraphs (3), (4), and (5) of subsection (a),
respectively.
(d) Definitions.--In this section:
(1) The term ``medical personnel'' has the meaning given such term
in section 115a(e) of title 10, United States Code.
(2) The term ``Secretary concerned'' has the meaning given that term
in section 101(a) of such title.
(3) The term ``theater strategy'' means an overarching construct
outlining the vision of a combatant commander for the integration and
synchronization of military activities and operations with other
national power instruments to achieve the strategic objectives of the
United States.
SEC. 742. FEASIBILITY STUDY ON ESTABLISHMENT OF DEPARTMENT OF DEFENSE INTERNSHIP
PROGRAMS RELATING TO CIVILIAN BEHAVIORAL HEALTH PROVIDERS.
(a) Feasibility Study.--The Secretary of Defense shall conduct a study on
the feasibility of establishing paid pre-doctoral and post-doctoral internship
programs for the purpose of training clinical psychologists to work as covered
civilian behavioral health providers.
(b) Elements.--The feasibility study under subsection (a) shall assess, with
respect to the potential internship programs specified in such subsection, the
following:
(1) A model under which, as a condition of participating in such an
internship program, the participant would enter into an agreement with
the Secretary under which the participant agrees to work on a full-time
basis as a covered civilian behavioral health provider for a period of a
duration that is at least equivalent to the period of participation in
such internship program.
(2) Methods by which the Secretary may address scenarios in which an
individual who participates in such an internship program does not
complete the employment obligation required under the agreement referred
to in paragraph (1), including by requiring the individual to repay to
the Secretary a prorated portion of the cost of administering such
program (to be determined by the Secretary) with respect to such
individual and of any payment received by the individual under such
program.
(3) The methods by which the Secretary may adjust the workload and
staffing of behavioral health providers in military medical treatment
facilities to ensure sufficient capacity to supervise participants in
such internship programs.
(c) Report.--Not later than one year after the date of the enactment of this
Act, the Secretary shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a report containing the findings of the
feasibility study under subsection (a).
(d) Definitions.--In this section:
(1) The term ``behavioral health'' includes psychiatry, clinical
psychology, social work, counseling, and related fields.
(2) The term ``behavioral health provider'' includes the following:
(A) A licensed professional counselor.
(B) A licensed mental health counselor.
(C) A licensed clinical professional counselor.
(D) A licensed professional clinical counselor of mental
health.
(E) A licensed clinical mental health counselor.
(F) A licensed mental health practitioner.
(3) The term ``covered civilian behavioral health provider'' means a
civilian behavioral health provider whose employment by the Secretary of
Defense involves the provision of behavioral health services at a
military medical treatment facility.
(4) The term ``civilian behavioral health provider'' means a
behavioral health provider who is a civilian employee of the Department
of Defense.
(5) The term ``military medical treatment facility'' means a
facility specified in section 1073d of title 10, United States Code.
SEC. 743. UPDATES TO PRIOR FEASIBILITY STUDIES ON ESTABLISHMENT OF NEW COMMAND
ON DEFENSE HEALTH.
(a) Updates.--The Secretary of Defense shall update prior studies regarding
the feasibility of establishing a new defense health command under which the
Defense Health Agency would be a joint component. In conducting such updates,
the Secretary shall consider for such new command each of the following
potential structures:
(1) A unified combatant command.
(2) A specified combatant command.
(3) Any other command structure the Secretary determines is
appropriate for consideration.
(b) Matters.--The updates under subsection (a) shall include, with respect
to the new command specified in such subsection, the following:
(1) An assessment of the potential organizational structure of the
new command sufficient for the new command to carry out the
responsibilities described in subsection (c), including a description of
the following:
(A) The potential reporting relationship between the
commander of the new command, the Assistant Secretary of Defense
for Health Affairs, and the Under Secretary of Defense for
Personnel and Readiness.
(B) The potential relationship of the new command to the
military departments, the combatant commands, and the Joint
Staff.
(C) The potential responsibilities of the commander of the
new command and how such responsibilities would differ from the
responsibilities of the Director of the Defense Health Agency.
(D) The potential chain of command between such commander
and the Secretary of Defense.
(E) The potential roles of the Surgeons General of the Army,
Navy, and Air Force, with respect to such commander.
(F) Any organizations that support the Defense Health
Agency, such as the medical departments and medical logistics
organizations of each military department.
(G) The potential organizational structure of the new
command, including any subordinate commands.
(H) The geographic location, or multiple such locations, of
the headquarters of the new command and any subordinate
commands.
(I) How the Defense Health Agency currently serves as a
provider of optimally trained and clinically proficient health
care professionals to support combatant commands.
(J) How the new command may further serve as a provider of
optimally trained and clinically proficient health care
professionals to support combatant commands.
(2) An assessment of any additional funding necessary to establish
the new command.
(3) An assessment of any additional legislative authorities
necessary to establish the new command, including with respect to the
executive leadership and direction of the new command.
(4) An assessment of the required resourcing of the executive
leadership of the new command.
(5) If the Secretary makes the determination to establish the new
command, a timeline for such establishment.
(6) If the Secretary defers such determination pending further
implementation of other organizational reforms to the military health
system, a timeline for such future determination.
(7) Such other matters relating to the establishment, operations, or
activities of the new command as the Secretary may determine
appropriate.
(c) Responsibilities Described.--The responsibilities described in this
subsection are as follows:
(1) The conduct of health operations among operational units of the
Armed Forces.
(2) The administration of military medical treatment facilities.
(3) The administration of the TRICARE program.
(4) Serving as the element of the Armed Forces with the primary
responsibility for the following:
(A) Medical treatment, advanced trauma management, emergency
surgery, and resuscitative care.
(B) Emergency and specialty surgery, intensive care, medical
specialty care, and related services.
(C) Preventive, acute, restorative, curative,
rehabilitative, and convalescent care.
(5) Collaboration with medical facilities participating in the
National Disaster Medical System established pursuant to section 2812 of
the Public Health Service Act (42 U.S.C. 300hh-11), the Veterans Health
Administration, and such other Federal departments and agencies and
nongovermental organizations as may be determined appropriate by the
Secretary, including with respect to the care services specified in
paragraph (4)(C).
(6) The conduct of existing research and education activities of the
Department of Defense in the field of health sciences.
(7) The conduct of public health and global health activities not
otherwise assigned to the Armed Forces.
(8) The administration of the Defense Health Program Account under
section 1100 of title 10, United States Code.
(d) Interim Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the Committees
on Armed Services of the House of Representatives and the Senate a briefing on
the method by which the Secretary intends to update prior studies as required
pursuant to subsection (a).
(e) Final Briefing; Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) provide to the Committees on Armed Services of the House of
Representatives and the Senate a final briefing on the implementation of
this section; and
(2) submit to the Committees on Armed Services of the House of
Representatives and the Senate a report containing the updates to prior
studies required pursuant to subsection (a), including each of the
elements specified in subsection (b).
SEC. 744. CAPABILITY ASSESSMENT AND ACTION PLAN WITH RESPECT TO EFFECTS OF
EXPOSURE TO OPEN BURN PITS AND OTHER ENVIRONMENTAL HAZARDS.
(a) In General.--Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall--
(1) conduct a capability assessment of potential improvements to
activities of the Department of Defense to reduce the effects of
environmental exposures with respect to members of the Armed Forces; and
(2) develop an action plan to implement such improvements assessed
under paragraph (1) as the Secretary considers appropriate.
(b) Elements.--The capability assessment required by subsection (a)(1) shall
include the following elements:
(1) With respect to the conduct of periodic health assessments, the
following:
(A) An assessment of the feasibility and advisability of
adding additional screening questions relating to environmental
and occupational exposures to current health assessments of
members of the Armed Forces conducted by the Secretary of
Defense, including pre- and post-deployment assessments and pre-
separation assessments.
(B) An assessment of the potential value and feasibility of
regularly requiring spirometry or other pulmonary function
testing pre- and post-deployment for all members, or selected
members, of the Armed Forces.
(2) With respect to the conduct of outreach and education, the
following:
(A) An evaluation of clinician training on the health
effects of airborne hazards and how to document exposure
information in health records maintained by the Department of
Defense and the Department of Veterans Affairs.
(B) An assessment of the adequacy of current actions by the
Secretary of Defense and the Secretary of Veterans Affairs to
increase awareness among members of the Armed Forces and
veterans of the purposes and uses of the Airborne Hazards and
Open Burn Pit Registry and the effect of a potential requirement
that individuals meeting applicable criteria be automatically
enrolled in the registry unless such individuals opt out of
enrollment.
(C) An assessment of operational plans for deployment with
respect to the adequacy of educational activities for, and
evaluations of, performance of command authorities, medical
personnel, and members of the Armed Forces on deployment on
anticipated environmental exposures and potential means to
minimize and mitigate any adverse health effects of such
exposures, including through the use of monitoring, personal
protective equipment, and medical responses.
(D) An evaluation of potential means to improve the
education of health care providers of the Department of Defense
with respect to the diagnosis and treatment of health conditions
associated with environmental exposures.
(3) With respect to the monitoring of exposure during deployment
operations, the following:
(A) An evaluation of potential means to strengthen tactics,
techniques, and procedures used in deployment operations to
document--
(i) specific locations where members of the Armed
Forces served;
(ii) environmental exposures in such locations; and
(iii) any munitions involved during such service in
such locations.
(B) An assessment of potential improvements in the
acquisition and use of wearable monitoring technology and remote
sensing capabilities to record environmental exposures by
geographic location.
(C) An analysis of the potential value and feasibility of
maintaining a repository of frozen soil samples from each
deployment location to be later tested as needed when concerns
relating to environmental exposures are identified.
(4) With respect to the use of the Individual Longitudinal Exposure
Record, the following:
(A) An assessment of feasibility and advisability of
recording individual clinical diagnosis and treatment
information in the Individual Longitudinal Exposure Record to be
integrated with exposure data.
(B) An evaluation of--
(i) the progress toward making the Individual
Longitudinal Exposure Record operationally capable and
accessible to members of the Armed Forces and veterans
by 2023; and
(ii) the integration of data from the Individual
Longitudinal Exposure Record with the electronic health
records of the Department of Defense and the Department
of Veterans Affairs.
(C) An assessment of the feasibility and advisability of
making such data accessible to the surviving family members of
members of the Armed Forces and veterans.
(5) With respect to the conduct of research, the following:
(A) An assessment of the potential use of the Airborne
Hazards and Open Burn Pit Registry for research on monitoring
and identifying the health consequences of exposure to open burn
pits.
(B) An analysis of options for increasing the amount and the
relevance of additional research into the health effects of open
burn pits and effective treatments for such health effects.
(C) An evaluation of potential research of biomarker
monitoring to document environmental exposures during deployment
or throughout the military career of a member of the Armed
Forces.
(D) An analysis of potential organizational strengthening
with respect to the management of research on environmental
exposure hazards, including the establishment of a joint program
executive office for such management.
(E) An assessment of the findings and recommendations of the
2020 report by the National Academies of Science, Engineering,
and Medicine titled ``Respiratory Health Effects of Airborne
Hazards Exposures in the Southwest Asia Theater of Military
Operations''.
(6) An evaluation of such other matters as the Secretary of Defense
determines appropriate to ensure a comprehensive review of activities
relating to the effects of exposure to open burn pits and other
environmental hazards.
(c) Submission of Plan and Briefing.--Not later than 240 days after the date
of the enactment of this Act, the Secretary of Defense shall--
(1) submit to the Committees on Armed Services of the House of
Representatives and the Senate the action plan required by subsection
(a)(2); and
(2) provide to such committees a briefing on the results of the
capability assessment required by subsection (a)(1).
(d) Definitions.--In this section:
(1) The term ``Airborne Hazards and Open Burn Pit Registry'' means
the registry established under section 201 of the Dignified Burial and
Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38
U.S.C. 527 note).
(2) The term ``environmental exposure'' means an exposure to an open
burn pit or other environmental hazard, as determined by the Secretary
of Defense.
(3) The term ``open burn pit'' has the meaning given that term in
section 201(c) of the Dignified Burial and Other Veterans' Benefits
Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note).
SEC. 745. KYLE MULLEN NAVY SEAL MEDICAL TRAINING REVIEW.
(a) Review.--The Inspector General of the Department of Defense shall
conduct a comprehensive review of the medical training for health care
professionals furnishing medical care to individuals undergoing Navy Sea, Air,
and Land (SEAL) training, the quality assurance mechanisms in place with respect
to such care, and the efforts to mitigate health stress of individuals
undergoing such training.
(b) Elements.--The review under subsection (a) shall include the following
elements:
(1) A review of the policies for improved medical care of
individuals undergoing Navy SEAL training and quality assurance with
respect to such care.
(2) A review of sleep deprivation practices implemented with respect
to Navy SEAL training, including an identification of when such
practices were initially implemented and how frequently such practices
are updated.
(3) An assessment of the policies and rules relating to the use of
performance enhancing drugs by individuals undergoing Navy SEAL
training.
(4) An assessment of the oversight of health care professionals
(including enlisted and officer medical personnel, civilian employees of
the Department of Defense, and contractors of the Department) with
respect to the provision by such professionals of health care services
to individuals undergoing Navy SEAL training.
(5) A review and assessment of deaths, occurring during the twenty-
year period preceding the date of the review, of individuals who were
undergoing Navy SEAL training at the time of death.
(6) A review of ongoing efforts and initiatives to ensure the safety
of individuals undergoing Navy SEAL training and to prevent the
occurrence of long-term injury, illness, and death among such
individuals.
(7) An assessment of the role of nutrition in Navy SEAL training.
(c) Interim Briefing.--Not later than March 1, 2023, the Inspector General
of the Department of Defense shall provide to the Committees on Armed Services
of the House of Representatives and the Senate a briefing on how the Inspector
General plans to conduct the review under subsection (a), including with respect
to each element specified in subsection (b).
(d) Final Report.--Not later than one year after the date of the enactment
of this Act, the Inspector General of the Department of Defense shall submit to
the Committees on Armed Services of the House of Representatives and the Senate
a final report on the completion of the review under subsection (a), including
recommendations of the Inspector General developed as a result of such review.
SEC. 746. REPORTS ON COMPOSITION OF MEDICAL PERSONNEL OF EACH MILITARY
DEPARTMENT AND RELATED MATTERS.
(a) Reports.--Not later than 180 days after the date of the enactment of
this Act, and annually thereafter for three years, the Secretary of Defense, in
coordination with the Secretaries of the military departments, shall submit to
the Committees on Armed Services of the House of Representatives and the Senate
a report on the composition of the medical personnel of each military department
and related matters.
(b) Elements.--Each report under subsection (a) shall include the following:
(1) With respect to each military department, the following:
(A) An identification of the number of medical personnel of
the military department who are officers in a grade above O-6.
(B) An identification of the number of such medical
personnel who are officers in a grade below O-7.
(C) A description of any plans of the Secretary to--
(i) reduce the total number of such medical
personnel; or
(ii) eliminate any covered position for such medical
personnel.
(D) A recommendation by the Secretary for the number of
covered positions for such medical personnel that should be
required for purposes of maximizing medical readiness (without
regard to current statutory limitations, or potential future
statutory limitations, on such number), presented as a total
number for each military department and disaggregated by grade.
(2) An assessment of the grade for the position of the Medical
Officer of the Marine Corps, including--
(A) a comparison of the effects of filling such position
with an officer in the grade of O-6 versus an officer in the
grade of O-7;
(B) an assessment of potential issues associated with the
elimination of such position; and
(C) a description of any potential effects of such
elimination with respect to medical readiness.
(3) An assessment of all covered positions for medical personnel of
the military departments, including the following:
(A) The total number of authorizations for such covered
positions, disaggregated by--
(i) whether the authorization is for a position in a
reserve component; and
(ii) whether the position so authorized is filled or
vacant.
(B) A description of any medical- or health-related
specialty requirements for such covered positions.
(C) For each such covered position, an identification of the
title and geographic location of, and a summary of the
responsibility description for, the position.
(D) For each such covered position, an identification of the
span of control of the position, including with respect to the
highest grade at which each such position has been filled.
(E) An identification of any downgrading, upgrading, or
other changes to such covered positions occurring during the 10-
year period preceding the date of the report, and an assessment
of whether any such changes have resulted in the transfer of
responsibilities previously assigned to such a covered position
to--
(i) a position in the Senior Executive Service or
another executive personnel position; or
(ii) a position other than a covered position.
(F) A description of any officers in a grade above O-6
assigned to the Defense Health Agency, the Office of the
Assistant Secretary of Defense for Health Affairs, the Joint
Staff, or any other position within the military health system.
(G) A description of the process by which the positions
specified in subparagraph (F) are validated against military
requirements or similar billet justification processes.
(H) A side-by-side comparison demonstrating, across the
military departments, the span of control and the
responsibilities of covered positions for medical personnel of
each military department.
(c) Disaggregation of Certain Data.--The data specified in subparagraphs (A)
and (B) of subsection (b)(1) shall be presented as a total number and
disaggregated by each medical component of the respective military department.
(d) Definitions.--In this section:
(1) The term ``covered position'' means a position for an officer in
a grade above O-6.
(2) The term ``officer'' has the meanings given that term in section
101(b) of title 10, United States Code.
(3) The term ``medical component'' means--
(A) in the case of the Army, the Medical Corps, Dental
Corps, Nurse Corps, Medical Service Corps, Veterinary Corps, and
Army Medical Specialist Corps;
(B) in the case of the Air Force, members designated as
medical officers, dental officers, Air Force nurses, medical
service officers, and biomedical science officers; and
(C) in the case of the Navy, the Medical Corps, Dental
Corps, Nurse Corps, and Medical Service Corps.
(4) The term ``medical personnel'' has the meaning given such term
in section 115a(e) of title 10, United States Code.
(5) The term ``military department'' has the meaning given that term
in section 101(a) of such title.
SEC. 747. REPORT ON EFFECTS OF LOW RECRUITMENT AND RETENTION ON OPERATIONAL
TEMPO AND PHYSICAL AND MENTAL HEALTH OF MEMBERS OF THE ARMED
FORCES.
(a) Report.--Not later than one year after the date of the enactment of this
Act, the Secretary of Defense, in coordination with the Secretaries of the
military departments, shall submit to the Committees on Armed Services of the
House of Representatives and the Senate a report on the effects of low
recruitment and retention on the Armed Forces.
(b) Matters.--The report under subsection (a) shall include an assessment of
the following:
(1) The effect of low recruitment on the tempo for operational units
during the previous five years, including with respect to deployed units
and units in pre-deployment training.
(2) Whether the rate of operational tempo during the pervious five
years has affected the retention of members of the Armed Forces,
including with respect to deployed units and units in pre-deployment
training.
(3) How the rate of operational tempo during the previous five years
has affected the number of mental health visits of members of the Armed
Forces serving in such units.
(4) How the rate of operational tempo during the pervious five years
has affected the number of suicides occurring within such units.
(5) Whether the rate of operational tempo during the pervious five
years has affected the number of musculoskeletal and related injuries
incurred by members of the Armed Forces serving in such units.
(6) The type or types of military occupational specialties most
affected by low recruitment.
(7) Lessons learned in the process of gathering data for the report
under this section.
(8) Any policy or legislative recommendations to mitigate the effect
of low recruitment on the operational tempo of the Armed Forces.
SEC. 748. GUIDANCE FOR ADDRESSING HEALTHY RELATIONSHIPS AND INTIMATE PARTNER
VIOLENCE THROUGH TRICARE PROGRAM.
(a) Guidance.--The Secretary of Defense shall disseminate guidance on the
implementation through the TRICARE program of--
(1) education on healthy relationships and intimate partner
violence; and
(2) protocols for--
(A) the routine assessment of intimate partner violence and
sexual assault; and
(B) the promotion of, and strategies for, trauma-informed
care plans.
(b) Briefing.--Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate a briefing on the
implementation of this section.
SEC. 749. BRIEFING ON SUICIDE PREVENTION REFORMS FOR MEMBERS OF THE ARMED
FORCES.
(a) In General.--Not later than March 1, 2023, the Secretary of Defense
shall provide to the Committees on Armed Services of the Senate and the House of
Representatives a briefing on the following:
(1) The feasibility and advisability of implementing reforms related
to suicide prevention among members of the Armed Forces as follows:
(A) Eliminating mental health history as a disqualifier for
service in the Armed Forces, including by eliminating
restrictions related to mental health history that are specific
to military occupational specialties.
(B) Requiring comprehensive and in-person annual mental
health assessments of members of the Armed Forces.
(C) Requiring behavioral health providers under the TRICARE
program, including providers contracted through such program, to
undergo evidence-based and suicide-specific training.
(D) Requiring leaders at all levels of the Armed Forces to
be trained on the following:
(i) Total wellness.
(ii) Suicide warning signs and risk factors.
(iii) Evidence-based, suicide-specific
interventions.
(iv) Effectively communicating with medical and
behavioral health providers.
(v) Communicating with family members, including
extended family members who are not co-located with a
member of the Armed Forces, on support and access to
resources for members of the Armed Forces and the
dependents thereof.
(E) Requiring mandatory referral to Warriors in Transition
programs, or other transitional programs, for members of the
Armed Forces who are eligible for such programs.
(2) Recommendations for additional legislative actions necessary to
further enhance or expand suicide prevention efforts of the Department
of Defense.
(b) Definitions.--In this section--
(1) The term ``TRICARE program'' has the meaning given that term in
section 1072 of title 10, United States Code.
(2) The term ``Warriors in Transition program'' has the meaning
given that term in section 738(e) of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 1071 note).
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Writing award to encourage curiosity and persistence in
overcoming obstacles in acquisition.
Sec. 802. Task and delivery order contracting for architectural and
engineering services.
Sec. 803. Data requirements for commercial products for major weapon
systems.
Sec. 804. Revision of authority for procedures to allow rapid
acquisition and deployment of capabilities
needed under specified high-priority
circumstances.
Sec. 805. Treatment of certain clauses implementing Executive orders.
Sec. 806. Life cycle management and product support.
Sec. 807. Amendments to contractor employee protections from reprisal
for disclosure of certain information.
Sec. 808. Use of fixed-price type contracts for certain major defense
acquisition programs.
Sec. 809. Acquisition reporting system.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Inclusion in budget justification materials of enhanced
reporting on proposed cancellations and
modifications to multiyear contracts.
Sec. 812. Comptroller General assessment of acquisition programs and
related efforts.
Sec. 813. Extension of Defense Modernization Account authority.
Sec. 814. Clarification to fixed-price incentive contract references.
Sec. 815. Modification of reporting requirement in connection with
requests for multiyear procurement
authority for large defense acquisitions.
Sec. 816. Modification of provision relating to determination of
certain activities with unusually hazardous
risks.
Sec. 817. Modification to prohibition on operation or procurement of
foreign-made unmanned aircraft systems.
Sec. 818. Extension of pilot program to accelerate contracting and
pricing processes.
Sec. 819. Extension of pilot program for distribution support and
services for weapons systems contractors.
Sec. 820. Extension and modification of Never Contract with the Enemy.
Sec. 821. Repeal of requirement for Inspector General of the Department
of Defense to conduct certain reviews.
Sec. 822. Modification of contracts to provide extraordinary relief due
to inflation impacts.
Subtitle C--Provisions Relating to Acquisition Workforce
Sec. 831. Key experiences and enhanced pay authority for acquisition
workforce excellence.
Sec. 832. Defense Acquisition University reforms.
Sec. 833. Modifications to Defense Civilian Training Corps.
Sec. 834. Acquisition workforce incentives relating to training on, and
agreements with, certain start-up
businesses.
Sec. 835. Curricula on software acquisitions and cybersecurity software
or hardware acquisitions for covered
individuals.
Sec. 836. Department of Defense national imperative for industrial
skills program.
Subtitle D--Provisions Relating to Software and Technology
Sec. 841. Guidelines and resources on the acquisition or licensing of
intellectual property.
Sec. 842. Modification of authority of the Department of Defense to
carry out certain prototype projects.
Sec. 843. Other transaction authority clarification.
Sec. 844. Prizes for advanced technology achievements.
Sec. 845. Congressional notification for pilot program to accelerate
the procurement and fielding of innovative
technologies.
Sec. 846. Report on software delivery times.
Subtitle E--Industrial Base Matters
Sec. 851. Modification to the national technology and industrial base.
Sec. 852. Modification to miscellaneous limitations on the procurement
of goods other than United States goods.
Sec. 853. Requirements for the procurement of certain components for
certain naval vessels and auxiliary ships.
Sec. 854. Modifications to the procurement technical assistance
program.
Sec. 855. Codification of prohibition on certain procurements from the
Xinjiang Uyghur Autonomous Region.
Sec. 856. Codification of the Department of Defense Mentor-Protege
Program.
Sec. 857. Procurement requirements relating to rare earth elements and
strategic and critical materials.
Sec. 858. Analyses of certain activities for action to address sourcing
and industrial capacity.
Sec. 859. Demonstration exercise of enhanced planning for industrial
mobilization and supply chain management.
Sec. 860. Risk management for Department of Defense pharmaceutical
supply chains.
Sec. 861. Strategy for increasing competitive opportunities for certain
critical technologies.
Sec. 862. Key advanced system development industry days.
Subtitle F--Small Business Matters
Sec. 871. Codification of Small Business Administration scorecard.
Sec. 872. Modifications to the SBIR and STTR programs.
Sec. 873. Access to data on bundled or consolidated contracts.
Sec. 874. Small business integration working group.
Sec. 875. Demonstration of commercial due diligence for small business
programs.
Sec. 876. Development and assessment of mission effectiveness metrics.
Subtitle G--Other Matters
Sec. 881. Technical correction to effective date of the transfer of
certain title 10 acquisition provisions.
Sec. 882. Security clearance bridge pilot program.
Sec. 883. Existing agreement limits for Operation Warp Speed.
Sec. 884. Incorporation of controlled unclassified information guidance
into program classification guides and
program protection plans.
Subtitle A--Acquisition Policy and Management
SEC. 801. WRITING AWARD TO ENCOURAGE CURIOSITY AND PERSISTENCE IN OVERCOMING
OBSTACLES IN ACQUISITION.
(a) In General.--Chapter 87 of title 10, United States Code, is amended by
inserting after section 1742 the following new section:
``Sec. 1743. Awards to recognize members of the acquisition workforce
``(a) Establishment.--The President of the Defense Acquisition University
shall establish two programs to provide awards to recognize members of the
acquisition workforce as follows:
``(1) An award of not more than $5,000 to such members who use an
iterative writing process to document a first-hand account of using
independent judgment to overcome an obstacle the member faced while
working within the defense acquisition system (as defined in section
3001 of this title).
``(2) An award of not more than $5,000 to such members who make the
best use of the flexibilities and authorities granted by the Federal
Acquisition Regulation and Department of Defense Instruction 5000.02
(Operation of the Defense Acquisition System).
``(b) Number of Awards.--
``(1) In general.--The President of the Defense Acquisition
University may make not more than five awards under subsection (a)(1)
and one award under subsection (a)(2) each year.
``(2) Limitation.--A member of the acquisition workforce may receive
one award each year.
``(c) Requirements for Writing Award.--
``(1) Submission required.--A member of the acquisition workforce
desiring an award under subsection (a)(1) shall submit to the President
of the Defense Acquisition University the first-hand account described
in such subsection. Such first-hand account shall demonstrate--
``(A) an original and engaging idea documenting the use of
independent judgment to overcome an obstacle the recipient faced
while working within the defense acquisition system; and
``(B) the use of an iterative writing process, including
evidence of--
``(i) critical thinking;
``(ii) incorporation of feedback from diverse
perspectives; and
``(iii) editing to achieve plain writing (as defined
in section 3 of the Plain Writing Act of 2010 (5 U.S.C.
301 note)).
``(2) Website.--The President of the Defense Acquisition University
shall establish and maintain a website to serve as a repository for
submissions made under paragraph (1). Such website shall allow for
public comments and discussion.
``(d) Requirements for Flexibility Award.--A member of the acquisition
workforce desiring an award under subsection (a)(2) shall submit to the
President of the Defense Acquisition University documentation that such member
uses approaches to program management that emphasize innovation and local
adaptation, including the use of--
``(1) simplified acquisition procedures;
``(2) inherent flexibilities within the Federal Acquisition
Regulation;
``(3) commercial contracting approaches;
``(4) public-private partnership agreements and practices;
``(5) cost-sharing arrangements;
``(6) innovative contractor incentive practices; or
``(7) other innovative implementations of acquisition flexibilities.
``(e) Funding.--The Secretary of Defense shall use funds from the Defense
Acquisition Workforce Development Account to carry out this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of such
chapter is amended by inserting after section 1742 the following new item:
``1743. Awards to recognize members of the acquisition workforce.''.
(c) Conforming Amendment.--Section 834 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2285; 10 U.S.C. 1701a
note) is repealed.
SEC. 802. TASK AND DELIVERY ORDER CONTRACTING FOR ARCHITECTURAL AND ENGINEERING
SERVICES.
Section 3406 of title 10, United States Code, is amended by adding at the
end the following new subsection:
``(h) Architectural and Engineering Services.--
``(1) Qualification-based selections required.--Task or delivery
orders for architectural and engineering services issued under section
3403 or 3405 of this title shall be qualification-based selections
executed in accordance with chapter 11 of title 40.
``(2) Multiple award contracts.--When issuing a task or delivery
order for architectural and engineering services under a multiple award
contract, the head of an agency may not routinely request additional
information relating to qualifications from the contractor for such
multiple award contract.''.
SEC. 803. DATA REQUIREMENTS FOR COMMERCIAL PRODUCTS FOR MAJOR WEAPON SYSTEMS.
(a) Amendments Relating to Subsystems of Major Weapons Systems.--Section
3455(b) of title 10, United States Code is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and
(B);
(2) by inserting ``(1)'' before ``A subsystem of a major weapon
system''; and
(3) by adding at the end the following new paragraph:
``(2)(A) For a subsystem proposed as commercial (as defined in section
103(1) of title 41) and that has not been previously determined commercial in
accordance with section 3703(d) of this title, the offeror shall--
``(i) identify the comparable commercial product the offeror sells
to the general public or nongovernmental entities that serves as the
basis for the `of a type' assertion;
``(ii) submit to the contracting officer a comparison necessary to
serve as the basis of the `of a type' assertion of the physical
characteristics and functionality between the subsystem and the
comparable commercial product identified under clause (i); and
``(iii) provide to the contracting officer the National Stock Number
for both the comparable commercial product identified under clause (i),
if one is assigned, and the subsystem, if one is assigned.
``(B) If the offeror does not sell a comparable commercial product to the
general public or nongovernmental entities for purposes other than governmental
purposes that can serve as the basis for an `of a type' assertion with respect
to the subsystem--
``(i) the offeror shall--
``(I) notify the contracting officer in writing that it does
not so sell such a comparable commercial product; and
``(II) provide to the contracting officer a comparison
necessary to serve as the basis of the `of a type' assertion of
the physical characteristics and functionality between the
subsystem and the most comparable commercial product in the
commercial marketplace, to the extent reasonably known by the
offeror; and
``(ii) subparagraph (A) shall not apply with respect to the offeror
for such subsystem.''.
(b) Amendment Relating to Components and Spare Parts.--Section 3455(c)(2) of
such title is amended to read as follows:
``(2)(A) For a component or spare part proposed as commercial (as defined in
section 103(1) of title 41) and that has not previously been determined
commercial in accordance with section 3703(d) of this title, the offeror shall--
``(i) identify the comparable commercial product the offeror sells
to the general public or nongovernmental entities that serves as the
basis for the `of a type' assertion;
``(ii) submit to the contracting officer a comparison necessary to
serve as the basis of the `of a type' assertion of the physical
characteristics and functionality between the component or spare part
and the comparable commercial product identified under clause (i); and
``(iii) provide to the contracting officer the National Stock Number
for both the comparable commercial product identified under clause (i),
if one is assigned, and the component or spare part, if one is assigned.
``(B) If the offeror does not sell a comparable commercial product to the
general public or nongovernmental entities for purposes other than governmental
purposes that can serve as the basis for an `of a type' assertion with respect
to the component or spare part--
``(i) the offeror shall--
``(I) notify the contracting officer in writing that it does
not so sell such a comparable commercial product; and
``(II) provide to the contracting officer a comparison
necessary to serve as the basis of the `of a type' assertion of
the physical characteristics and functionality between the
component or spare part and the most comparable commercial
product in the commercial marketplace, to the extent reasonably
known by the offeror; and
``(ii) subparagraph (A) shall not apply with respect to the offeror
for such component or spare part.''.
(c) Amendments Relating to Information Submitted.--Section 3455(d) of such
title is amended--
(1) in the subsection heading, by inserting after ``Submitted'' the
following: ``for Procurements That Are Not Covered by the Exceptions in
Section 3703(a)(1) of This Title'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``the contracting officer shall require the offeror to submit--
'' and inserting ``the offeror shall, in accordance with
paragraph (4), submit to the contracting officer or provide the
contracting officer access to--'';
(B) in subparagraph (A)--
(i) by inserting ``a representative sample, as
determined by the contracting officer, of the'' before
``prices paid''; and
(ii) by inserting ``, and the terms and conditions
of such sales'' after ``Government and commercial
customers'';
(C) in subparagraph (B), by striking ``information on--''
and all that follows and inserting the following: ``a
representative sample, as determined by the contracting officer,
of the prices paid for the same or similar commercial products
sold under different terms and conditions, and the terms and
conditions of such sales; and''; and
(D) in subparagraph (C)--
(i) by inserting ``only'' before ``if the
contracting officer''; and
(ii) by inserting after ``reasonableness of price''
the following: ``because either the comparable
commercial products provided by the offeror are not a
valid basis for a price analysis or the contracting
officer determines the proposed price is not reasonable
after evaluating sales data, and the contracting officer
receives the approval described in paragraph (5)''; and
(3) by adding at the end the following new paragraphs:
``(4)(A) An offeror may redact data information submitted or made available
under subparagraph (A) or (B) of paragraph (1) with respect to sales of an item
acquired under this section only to the extent necessary to remove information
individually identifying government customers, commercial customers purchasing
such item for governmental purposes, and commercial customers purchasing such
item for commercial, mixed, or unknown purposes.
``(B) Before an offeror may exercise the authority under subparagraph (A)
with respect to a customer, the offeror shall certify in writing to the
contracting officer whether the customer is a government customer, a commercial
customer purchasing the item for governmental purpose, or a commercial customer
purchasing the item for a commercial, mixed, or unknown purpose.
``(5) A contracting officer may not require an offeror to submit or make
available information under paragraph (1)(C) without approval from a level above
the contracting officer.
``(6) Nothing in this subsection shall relieve an offeror of other
obligations under any other law or regulation to disclose and support the actual
rationale of the offeror for the price proposed by the offeror to the Government
for any good or service.''.
(d) Applicability.--Section 3455 of such title is amended by adding at the
end the following new subsection:
``(g) Applicability.--
``(1) In general.--Subsections (b) and (c) shall apply only with
respect to subsystems described in subsection (b) and components or
spare parts described in subsection (c), respectively, that the
Department of Defense acquires through--
``(A) a prime contract;
``(B) a modification to a prime contract; or
``(C) a subcontract described in paragraph (2).
``(2) Subcontract described.--A subcontract described in this
paragraph is a subcontract through which the Department of Defense
acquires a subsystem or component or spare part proposed as commercial
(as defined in section 103(1) of title 41) under this section and that
has not previously been determined commercial in accordance with section
3703(d).''.
SEC. 804. REVISION OF AUTHORITY FOR PROCEDURES TO ALLOW RAPID ACQUISITION AND
DEPLOYMENT OF CAPABILITIES NEEDED UNDER SPECIFIED HIGH-PRIORITY
CIRCUMSTANCES.
(a) Revision and Codification of Rapid Acquisition Authority.--Chapter 253
of part V of title 10, United States Code, is amended to read as follows:
``CHAPTER 253--RAPID ACQUISITION PROCEDURES
``Sec.
``3601. Procedures for urgent acquisition and deployment of
capabilities needed in response to urgent
operational needs or vital national
security interest.
``Sec. 3601. Procedures for urgent acquisition and deployment of capabilities
needed in response to urgent operational needs or vital national
security interest
``(a) Procedures.--
``(1) In general.--The Secretary of Defense shall prescribe
procedures for the urgent acquisition and deployment of capabilities
needed in response to urgent operational needs. The capabilities for
which such procedures may be used in response to an urgent operational
need are those--
``(A) that, subject to such exceptions as the Secretary
considers appropriate for purposes of this section--
``(i) can be fielded within a period of two to 24
months;
``(ii) do not require substantial development
effort;
``(iii) are based on technologies that are proven
and available; and
``(iv) can appropriately be acquired under fixed-
price contracts; or
``(B) that can be developed or procured under a section 804
rapid acquisition pathway.
``(2) Definition.--In this section, the term `section 804 rapid
acquisition pathway' means the rapid fielding acquisition pathway or the
rapid prototyping acquisition pathway authorized under section 804 of
the National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 10 U.S.C. 3201 prec.).
``(b) Matters to Be Included.--The procedures prescribed under subsection
(a) shall include the following:
``(1) A process for streamlined communications between the Chairman
of the Joint Chiefs of Staff, the acquisition community, and the
research and development community, including--
``(A) a process for the commanders of the combatant commands
and the Chairman of the Joint Chiefs of Staff to communicate
their needs to the acquisition community and the research and
development community; and
``(B) a process for the acquisition community and the
research and development community to propose capabilities that
meet the needs communicated by the combatant commands and the
Chairman of the Joint Chiefs of Staff.
``(2) Procedures for demonstrating, rapidly acquiring, and deploying
a capability proposed pursuant to paragraph (1)(B), including--
``(A) a process for demonstrating and evaluating for current
operational purposes the performance of the capability;
``(B) a process for developing an acquisition and funding
strategy for the deployment of the capability; and
``(C) a process for making deployment and utilization
determinations based on information obtained pursuant to
subparagraphs (A) and (B).
``(3) A process to determine the disposition of a capability,
including termination (demilitarization or disposal), continued
sustainment, or transition to a program of record.
``(4) Specific procedures in accordance with the guidance developed
under section 804(a) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 3201 prec.).
``(c) Response to Combat Emergencies and Certain Urgent Operational Needs.--
``(1) Determination of need for urgent acquisition and deployment.--
(A) In the case of any capability that, as determined in writing by the
Secretary of Defense, is urgently needed to eliminate a documented
deficiency that has resulted in combat casualties, or is likely to
result in combat casualties, the Secretary may use the procedures
developed under this section in order to accomplish the urgent
acquisition and deployment of the needed capability.
``(B) In the case of any capability that, as determined in writing
by the Secretary of Defense, is urgently needed to eliminate a
documented deficiency that impacts an ongoing or anticipated contingency
operation and that, if left unfulfilled, could potentially result in
loss of life or critical mission failure, the Secretary may use the
procedures developed under this section in order to accomplish the
urgent acquisition and deployment of the needed capability.
``(C)(i) In the case of any cyber capability that, as determined in
writing by the Secretary of Defense, is urgently needed to eliminate a
deficiency that as the result of a cyber attack has resulted in critical
mission failure, the loss of life, property destruction, or economic
effects, or if left unfilled is likely to result in critical mission
failure, the loss of life, property destruction, or economic effects,
the Secretary may use the procedures developed under this section in
order to accomplish the urgent acquisition and deployment of the needed
offensive or defensive cyber capability.
``(ii) In this subparagraph, the term `cyber attack' means a
deliberate action to alter, disrupt, deceive, degrade, or destroy
computer systems or networks or the information or programs resident in
or transiting these systems or networks.
``(2) Designation of senior official responsible.--(A)(i) Except as
provided under clause (ii), whenever the Secretary of Defense makes a
determination under subparagraph (A), (B), or (C) of paragraph (1) that
a capability is urgently needed to eliminate a deficiency described in
that subparagraph, the Secretary shall designate a senior official of
the Department of Defense to ensure that the needed capability is
acquired and deployed as quickly as possible, with a goal of awarding a
contract for the acquisition of the capability within 15 days.
``(ii) Clause (i) does not apply to an acquisition initiated in the
case of a determination by the Secretary of Defense that funds are
necessary to immediately initiate a project under a section 804 rapid
acquisition pathway if the designated official for acquisitions using
such pathway is a service acquisition executive.
``(B) Upon designation of a senior official under subparagraph (A)
with respect to a needed capability, the Secretary shall authorize that
senior official to waive any provision of law or regulation described in
subsection (d) that such senior official determines in writing would
unnecessarily impede the urgent acquisition and deployment of such
capability. In a case in which such capability cannot be acquired
without an extensive delay, the senior official shall require that an
interim solution be implemented and deployed using the procedures
developed under this section to minimize adverse consequences resulting
from the urgent need.
``(3) Use of funds.--(A) Subject to subparagraph (C), in any fiscal
year in which the Secretary of Defense makes a determination described
in subparagraph (A), (B), or (C) of paragraph (1) with respect to a
capability, or upon the Secretary making a determination that funds are
necessary to immediately initiate a project under a section 804 rapid
acquisition pathway based on a compelling national security need, the
Secretary may use any funds available to the Department of Defense to
urgently acquire and deploy such capability or immediately initiate such
project, respectively, if the determination includes a written finding
that the use of such funds is necessary to address in a timely manner
the deficiency documented or identified under such subparagraph (A),
(B), or (C) or the compelling national security need identified for
purposes of such section 804 pathway, respectively.
``(B) The authority provided by this section may only be used to
acquire capability--
``(i) in the case of determinations by the Secretary under
paragraph (1)(A), in an amount aggregating not more than
$200,000,000 during any fiscal year;
``(ii) in the case of determinations by the Secretary under
paragraph (1)(B), in an amount aggregating not more than
$200,000,000 during any fiscal year;
``(iii) in the case of determinations by the Secretary under
paragraph (1)(C), in an amount aggregating not more than
$200,000,000 during any fiscal year; and
``(iv) in the case of a determination by the Secretary that
funds are necessary to immediately initiate a project under a
section 804 rapid acquisition pathway, in an amount aggregating
not more than $50,000,000 during any fiscal year.
``(C) In exercising the authority under this section--
``(i) none of the amounts appropriated for Operation and
Maintenance may be used to carry out this section except for
amounts appropriated for--
``(I) Operation and Maintenance, Defense-wide;
``(II) Operation and Maintenance, Army;
``(III) Operation and Maintenance, Navy;
``(IV) Operation and Maintenance, Marine Corps;
``(V) Operation and Maintenance, Air Force; or
``(VI) Operation and Maintenance, Space Force; and
``(ii) when funds are utilized for sustainment purposes,
this authority may not be used for more than 2 years.
``(4) Notification to congressional defense committees.--(A) In the
case of a determination by the Secretary of Defense under subparagraph
(A) or (C) of paragraph (1), the Secretary shall notify the
congressional defense committees of the determination within 15 days
after the date of the determination.
``(B) In the case of a determination by the Secretary under
paragraph (1)(B), the Secretary shall notify the congressional defense
committees of the determination at least 10 days before the date on
which the determination is effective.
``(C) In the case of a determination by the Secretary under
paragraph (3)(A) that funds are necessary to immediately initiate a
project under a section 804 rapid acquisition pathway, the Secretary
shall notify the congressional defense committees of the determination
within 10 days after the date of the use of such funds.
``(D) A notice under this paragraph shall include the following:
``(i) Identification of the capability to be acquired.
``(ii) The amount anticipated to be expended for the
acquisition.
``(iii) The source of funds for the acquisition.
``(E) A notice under this paragraph shall fulfill any requirement to
provide notification to Congress for a program (referred to as a `new
start program') that has not previously been specifically authorized by
law or for which funds have not previously been appropriated.
``(F) A notice under this paragraph shall be provided in
consultation with the Director of the Office of Management and Budget.
``(5) Limitation on officers with authority.--The authority to make
determinations under subparagraph (A), (B), or (C) of paragraph (1) and
under paragraph (3)(A) that funds are necessary to immediately initiate
a project under a section 804 rapid acquisition pathway, to designate a
senior official responsible under paragraph (3), and to provide
notification to the congressional defense committees under paragraph (4)
may be exercised only by the Secretary of Defense or the Deputy
Secretary of Defense.
``(d) Authority to Waive Certain Laws and Regulations.--
``(1) Authority.--Following a determination described in subsection
(c)(1), the senior official designated in accordance with subsection
(c)(2), with respect to that designation, may waive any provision of law
or regulation addressing--
``(A) the establishment of a requirement or specification
for the capability to be acquired;
``(B) the research, development, test, and evaluation of the
capability to be acquired;
``(C) the production, fielding, and sustainment of the
capability to be acquired; or
``(D) the solicitation, selection of sources, and award of
the contracts for procurement of the capability to be acquired.
``(2) Limitations.--Nothing in this subsection authorizes the waiver
of--
``(A) the requirements of this section;
``(B) any provision of law imposing civil or criminal
penalties; or
``(C) any provision of law governing the proper expenditure
of appropriated funds.
``(e) Operational Assessments.--
``(1) In general.--The process prescribed under subsection (b)(2)(A)
for demonstrating and evaluating for current operational purposes the
performance of a capability proposed pursuant to subsection (b)(1)(B)
shall include the following:
``(A) An operational assessment in accordance with
procedures prescribed by the Director of Operational Test and
Evaluation.
``(B) A requirement to provide information about any
deficiency of the capability in meeting the original
requirements for the capability (as stated in a statement of the
urgent operational need or similar document) to the deployment
decision-making authority.
``(2) Limitation.--The process prescribed under subsection (b)(2)(A)
may not include a requirement for any deficiency of capability
identified in the operational assessment to be the determining factor in
deciding whether to deploy the capability.
``(3) Director of operational test and evaluation access.--If a
capability is deployed under the procedures prescribed pursuant to this
section, or under any other authority, before operational test and
evaluation of the capability is completed, the Director of Operational
Test and Evaluation shall have access to operational records and data
relevant to such capability in accordance with section 139(e)(3) of this
title for the purpose of completing operational test and evaluation of
the capability. Such access shall be provided in a time and manner
determined by the Secretary of Defense consistent with requirements of
operational security and other relevant operational requirements.''.
(b) Clerical Amendment.--The table of chapters at the beginning of subtitle
A, and at the beginning of part V of subtitle A, of title 10, United States
Code, are each amended by striking the item relating to chapter 253 and
inserting the following:
``253. Rapid Acquisition Procedures......................... 3601''.
(c) Conforming Repeals.--The following provisions of law are repealed:
(1) Section 804 of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 3201 note
prec.).
(2) Section 806 of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 3201 note prec.).
(d) Additional Conforming Amendments.--
(1) Section 2216a(c) of title 10, United States Code, is amended by
striking ``section 804(b) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (10 U.S.C. 2302 note)'' and
inserting ``Department of Defense Instruction 5000.81 (or any successor
instruction), dated December 31, 2019, and titled `Urgent Capability
Acquisition'''.
(2) Section 8074 of title VIII of the Department of Defense
Appropriations Act, 2022 (division C of Public Law 117-103; 136 Stat.
193) is amended by striking ``under section 806(c)(4) of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302
note)'' and inserting ``under section 3601(c)(4) of title 10, United
States Code,''.
(3) Section 851(f) of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-
291; 10 U.S.C 3201 note prec.) is amended by striking ``under section
806 of the Bob Stump National Defense Authorization Act for Fiscal Year
2003 (Public Law 107-314; 10 U.S.C. 2302 note)'' and inserting ``under
section 3601 of title 10, United States Code''.
(4) Section 231(c)(1)(A) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10 U.S.C.
139 note) is amended by striking ``section 806 of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note)''
and inserting ``section 3601 of title 10, United States Code''.
SEC. 805. TREATMENT OF CERTAIN CLAUSES IMPLEMENTING EXECUTIVE ORDERS.
(a) In General.--Section 3862 of title 10, United States Code, is amended--
(1) in the section heading, by striking ``: certification'';
(2) by redesignating subsection (c) as subsection (d);
(3) by inserting after subsection (b) the following new subsection:
``(c) Treatment of Certain Clauses Implementing Executive Orders.--The
unilateral insertion of a covered clause into an existing Department of Defense
contract, order, or other transaction by a contracting officer shall be treated
as a change directed by the contracting officer pursuant to, and subject to, the
Changes clause of the underlying contract, order, or other transaction.''; and
(4) in subsection (d), as redesignated by paragraph (2)--
(A) in the subsection heading, by striking ``Definition''
and inserting ``Definitions'';
(B) by striking ``section, the term'' and inserting the
following: ``section:
``(1) The term''; and
(C) by adding at the end the following new paragraphs:
``(2) The term `Changes clause' means the clause described in part
52.243-4 of the Federal Acquisition Regulation or any successor
regulation.
``(3) The term `covered clause' means any clause implementing the
requirements of an Executive order issued by the President.''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter
281 of title 10, United States Code, is amended by striking the item relating to
section 3862 and inserting the following:
``3862. Requests for equitable adjustment or other relief.''.
(c) Conforming Regulations.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall revise the Department of
Defense Supplement to the Federal Acquisition Regulation to implement the
requirements of section 3862 of title 10, United States Code, as amended by
subsection (a).
(d) Conforming Policy Guidance.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall revise applicable
policy guidance on other transactions to implement the requirements of section
3862 of title 10, United States Code, as amended by subsection (a).
SEC. 806. LIFE CYCLE MANAGEMENT AND PRODUCT SUPPORT.
(a) In General.--Section 4324(b) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (1), (2), (3), (4), (5), (6), (7),
and (8) as subparagraphs (A), (B), (C), (D), (E), (F), (G), and (J),
respectively;
(2) by designating the matter preceding subparagraph (A), as so
redesignated, as paragraph (1);
(3) in paragraph (1), as so designated--
(A) in the matter preceding subparagraph (A), as so
redesignated--
(i) by inserting ``In general.--'' before ``Before
granting''; and
(ii) by inserting ``for which the milestone decision
authority has received views from appropriate materiel,
logistics, or fleet representatives'' after ``approved
life cycle sustainment plan'';
(B) by amending subparagraph (G), as so redesignated, to
read as follows:
``(G) an intellectual property management plan for product
support, including requirements for technical data, software,
and modular open system approaches (as defined in section 4401
of this title);'';
(C) by inserting after subparagraph (G), as so redesignated,
the following new subparagraphs:
``(H) an estimate of the number of personnel needed to
operate and maintain the covered system, including military
personnel, Federal employees, contractors, and host nation
support personnel (as applicable);
``(I) a description of opportunities for foreign military
sales; and''; and
(4) by adding at the end of paragraph (1), as so designated, the
following new paragraph:
``(2) Subsequent phases.--Before granting Milestone C approval (or
the equivalent) for the covered system, the milestone decision authority
shall ensure that the life cycle sustainment plan required by paragraph
(1) for such covered system has been updated to include views received
by the milestone decision authority from appropriate materiel,
logistics, or fleet representatives.''.
(b) Milestone C Approval Defined.--Section 4324(d) of title 10, United
States Code, is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new paragraph:
``(7) Milestone c approval.--The term `Milestone C approval' has the
meaning given that term in section 4172(e)(8) of this title.''.
SEC. 807. AMENDMENTS TO CONTRACTOR EMPLOYEE PROTECTIONS FROM REPRISAL FOR
DISCLOSURE OF CERTAIN INFORMATION.
(a) Defense Contracts.--Section 4701 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (2)(G), by striking ``or subcontractor''
and inserting ``, subcontractor, grantee, subgrantee, or
personal services contractor''; and
(B) in paragraph (3)(A), by striking ``or subcontractor''
and inserting ``, subcontractor, grantee, subgrantee, or
personal services contractor'';
(2) in subsection (b)(1), by striking ``contractor concerned'' and
inserting ``contractor, subcontractor, grantee, subgrantee, or personal
services contractor concerned'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``contractor concerned'' and inserting
``contractor, subcontractor, grantee, subgrantee, or
personal services contractor concerned'';
(ii) in subparagraph (A), by inserting ``,
subcontractor, grantee, subgrantee, or personal services
contractor'' after ``contractor'';
(iii) in subparagraph (B), by inserting ``,
subcontractor, grantee, subgrantee, or personal services
contractor'' after ``contractor'';
(iv) in subparagraph (C), by inserting ``,
subcontractor, grantee, subgrantee, or personal services
contractor'' after ``contractor''; and
(v) by inserting at the end the following new
subparagraph:
``(D) Consider disciplinary or corrective action against any
official of the Department of Defense.''; and
(B) in paragraph (2), by inserting ``, subcontractor,
grantee, subgrantee, or personal services contractor'' after
``contractor'';
(4) in subsection (d), by striking ``and subcontractors'' and
inserting ``, subcontractors, grantees, subgrantees, or personal
services contractors'';
(5) in subsection (e)(2)--
(A) in the matter preceding subparagraph (A), by striking
``or grantee of'' and inserting ``grantee, subgrantee, or
personal services contractor of''; and
(B) in subparagraph (B), by striking ``or grantee'' and
inserting ``grantee, or subgrantee''; and
(6) in subsection (g)(5), by inserting ``or grants'' after
``contracts''.
(b) Civilian Contracts.--Section 4712 of title 41, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``or subgrantee'' and
inserting ``subgrantee,'';
(B) in paragraph (2), by striking ``or subgrantee'' and
inserting ``subgrantee, or personal services contractor''; and
(C) in paragraph (3), by striking ``or subgrantee'' and
inserting ``subgrantee, or personal services contractor'';
(2) in subsection (b)(1), by striking ``or subgrantee concerned''
and inserting ``subgrantee, or personal services contractor concerned'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``or subgrantee concerned'' and inserting
``subgrantee, or personal services contractor
concerned'';
(ii) in subparagraph (A), by striking ``or
subgrantee'' and inserting ``subgrantee, or personal
services contractor'';
(iii) in subparagraph (B), by striking ``or
subgrantee'' and inserting ``subgrantee, or personal
services contractor'';
(iv) in subparagraph (C), by striking ``or
subgrantee'' and inserting ``subgrantee, or personal
services contractor''; and
(v) by inserting at the end the following new
subparagraph:
``(D) Consider disciplinary or corrective action against any
official of the executive agency, if appropriate.''; and
(B) in paragraph (2), by striking ``or subgrantee'' and
inserting ``subgrantee, or personal services contractor'';
(4) in subsection (d), by striking ``and subgrantees'' and inserting
``subgrantees, and personal services contractors''; and
(5) in subsection (f), by striking ``or subgrantee'' each place it
appears and inserting ``subgrantee, or personal services contractor''.
SEC. 808. USE OF FIXED-PRICE TYPE CONTRACTS FOR CERTAIN MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) In General.--Section 818 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364) is amended by adding
at the end the following new subsection:
``(f) Conditions With Respect to Certain Low-rate Initial Production.--
``(1) In general.--The number of low-rate initial production lots
associated with a major defense acquisition program may not be more than
one if--
``(A) the milestone decision authority authorizes the use of
a fixed-price type contract at the time of a decision on
Milestone B approval; and
``(B) the scope of the work of the fixed-price type contract
includes both the development and low-rate initial production of
items for such major defense acquisition program.
``(2) Waiver.--The limitation in paragraph (1) may be waived by the
applicable service acquisition executive or a designee of such executive
if--
``(A) such waiver authority is not delegated to the level of
the contracting officer; and
``(B) written notification of a granted waiver, including
the associated rationale, is provided to the congressional
defense committees not later than 30 days after issuance of the
waiver.
``(3) Definitions.--In this subsection:
``(A) The term `low-rate initial production' has the meaning
given under section 4231 of title 10, United States Code.
``(B) The term `milestone decision authority' has the
meaning given in section 4211 of title 10, United States Code.
``(C) The term `major defense acquisition program' has the
meaning given in section 4201 of title 10, United States Code.
``(D) The term `Milestone B approval' has the meaning given
in section 4172(e) of title 10, United States Code.''.
(b) Modification of Regulations.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall revise the Department
of Defense Supplement to the Federal Acquisition Regulation and any applicable
regulations regarding the use of fixed-price type contracts for a major defense
acquisition program (as defined in section 4201 of title 10, United States Code)
to carry out this section and the amendments made by this section.
SEC. 809. ACQUISITION REPORTING SYSTEM.
(a) In General.--The Secretary of Defense shall institute a defense
acquisition reporting system to replace the requirements of section 4351 of
title 10, United States Code, as soon as practicable but not later than June 30,
2023.
(b) Elements.--The reporting system required under subsection (a) shall--
(1) produce the information necessary to carry out the actions
specified in chapter 325 of title 10, United States Code;
(2) produce the information necessary to carry out the actions
specified in sections 4217 and 4311 of the Atomic Energy Defense Act (50
U.S.C. 2537, 2577);
(3) incorporate--
(A) the lessons learned from the demonstration carried out
under subsection (b) of section 805 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1816); and
(B) the plans required under subsection (c) of such section
(Public Law 117-81; 135 Stat. 1817);
(4) provide the congressional defense committees and other
designated Government entities with access to acquisition reporting that
is updated on a not less than quarterly basis; and
(5) include such other information and functions as the Secretary of
Defense determines appropriate to support the acquisition reporting
needs of the Department of Defense.
(c) Conforming Amendments.--The Atomic Energy Defense Act (50 U.S.C. 2501 et
seq.) is amended--
(1) in section 4217(a)(2), by inserting ``or any successor system,''
after ``United States Code,''; and
(2) in section 4311(a)(2), by inserting ``or any successor system,''
after ``United States Code,''.
Subtitle B--Amendments to General Contracting Authorities, Procedures, and
Limitations
SEC. 811. INCLUSION IN BUDGET JUSTIFICATION MATERIALS OF ENHANCED REPORTING ON
PROPOSED CANCELLATIONS AND MODIFICATIONS TO MULTIYEAR CONTRACTS.
Section 239c(b) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) through (4) as paragraphs (2)
through (5), respectively; and
(2) by inserting before paragraph (2), as so redesignated, the
following new paragraph:
``(1) A detailed explanation of the rationale for the proposed
cancellation or covered modification of the multiyear contract.''.
SEC. 812. COMPTROLLER GENERAL ASSESSMENT OF ACQUISITION PROGRAMS AND RELATED
EFFORTS.
(a) In General.--Section 3072 of title 10, United States Code, is amended--
(1) in the section heading, by striking ``initiatives'' and
inserting ``efforts'';
(2) by striking ``initiatives'' each place it appears and inserting
``efforts'';
(3) in subsection (a), by striking ``through 2023'' and inserting
``through 2026''; and
(4) in subsection (c), in the subsection heading, by striking
``Initiatives'' and inserting ``Efforts''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter
203 of title 10, United States Code, is amended in the item relating to section
3072 by striking ``initiatives'' and inserting ``efforts''.
SEC. 813. EXTENSION OF DEFENSE MODERNIZATION ACCOUNT AUTHORITY.
Section 3136 of title 10, United States Code, is amended by striking
subsection (j).
SEC. 814. CLARIFICATION TO FIXED-PRICE INCENTIVE CONTRACT REFERENCES.
(a) Authority to Acquire Innovative Commercial Products and Commercial
Services Using General Solicitation Competitive Procedures.--Section 3458(c)(2)
of title 10, United States Code, is amended by striking ``fixed-price incentive
fee contracts'' and inserting ``fixed-price incentive contracts''.
(b) Contractor Incentives to Achieve Savings and Improve Mission
Performance.--Section 832 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 1746 note) is amended by striking
``fixed-price incentive fee contracts'' and inserting ``fixed-price incentive
contracts''.
SEC. 815. MODIFICATION OF REPORTING REQUIREMENT IN CONNECTION WITH REQUESTS FOR
MULTIYEAR PROCUREMENT AUTHORITY FOR LARGE DEFENSE ACQUISITIONS.
Section 3501(i)(2) of title 10, United States Code, is amended--
(1) by striking ``shall include'' and all that follows through ``(A)
A report'' and inserting ``shall include in the request a report''; and
(2) by striking subparagraph (B).
SEC. 816. MODIFICATION OF PROVISION RELATING TO DETERMINATION OF CERTAIN
ACTIVITIES WITH UNUSUALLY HAZARDOUS RISKS.
Section 1684 of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81) is amended--
(1) in subsection (a), by striking ``2022 and 2023'' and inserting
``2022 through 2024''; and
(2) in subsection (b), by striking ``September 30, 2023'' and
inserting ``September 30, 2024''.
SEC. 817. MODIFICATION TO PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-
MADE UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Section 848 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 4871 note) is amended--
(1) by redesignating subsections (b), (c), and (d) as subsections
(c), (d), and (e), respectively;
(2) by inserting after subsection (a) the following new subsection:
``(b) Prohibition on Certain Contracts.--The Secretary of Defense may not
enter into a contract (or extend or renew a contract) on or after October 1,
2024, with an entity that operates (as determined by the Secretary or the
Secretary's designee) equipment from a covered unmanned aircraft system company
in the performance of a Department of Defense contract.'';
(3) in subsection (c) (as so redesignated), by striking ``the
restriction under subsection (a) if the operation or procurement'' and
inserting ``any restrictions under subsection (a) or (b) if the
operation, procurement, or contracting action'';
(4) in subsection (d) (as so redesignated)--
(A) by inserting ``(or the Secretary's designee)'' after
``The Secretary of Defense'';
(B) by striking ``the restriction'' and all that follows
through ``basis'' inserting ``any restrictions under subsections
(a) or (b)''; and
(C) by striking ``operation or procurement'' and inserting
``operation, procurement, or contracting action''; and
(5) in subsection (e) (as so redesignated)--
(A) by amending paragraph (1) to read as follows:
``(1) Covered foreign country.--The term `covered foreign country'
means any of the following:
``(A) the People's Republic of China.
``(B) The Russian Federation.
``(C) The Islamic Republic of Iran.
``(D) The Democratic People's Republic of Korea.''; and
(B) by adding at the end the following new paragraph:
``(3) Covered unmanned aircraft system company.--The term `covered
unmanned aircraft system company' means any of the following:
``(A) Da-Jiang Innovations (or any subsidiary or affiliate
of Da-Jiang Innovations).
``(B) Any entity that produces or provides unmanned aircraft
systems and is included on Consolidated Screening List
maintained by the International Trade Administration of the
Department of Commerce.
``(C) Any entity that produces or provides unmanned aircraft
systems and--
``(i) is domiciled in a covered foreign country; or
``(ii) is subject to unmitigated foreign ownership,
control or influence by a covered foreign country, as
determined by the Secretary of Defense unmitigated
foreign ownership, control or influence in accordance
with the National Industrial Security Program (or any
successor to such program).''.
(b) Policy Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall issue policy to--
(1) implement the requirements of section 848 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 4871 note), as amended by this section, including by establishing
a due diligence process for the Department of Defense to make
determinations required by subsection (b) of such section 848 (as
amended by this section); and
(2) establish an appeal process for any offerors or awardees with
which the Secretary has not entered into a contract or has not extended
or renewed a contract pursuant to subsection (b) of such section 848 (as
amended by this section).
SEC. 818. EXTENSION OF PILOT PROGRAM TO ACCELERATE CONTRACTING AND PRICING
PROCESSES.
Section 890 of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232), as most recently amended by section
1831(j)(7) of the William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-238; 134 Stat. 4217), is further amended--
(1) in subsection (a)(2), by striking ``of'' before ``chapter 271'';
and
(2) in subsection (c), by striking ``January 2, 2023'' and inserting
``January 2, 2024''.
SEC. 819. EXTENSION OF PILOT PROGRAM FOR DISTRIBUTION SUPPORT AND SERVICES FOR
WEAPONS SYSTEMS CONTRACTORS.
Section 883 of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 10 U.S.C. 4292 note prec.) is amended--
(1) in subsection (a), by striking ``six-year pilot program'' and
inserting ``seven-year pilot program''; and
(2) in subsection (g), by striking ``six years'' and inserting
``seven years''.
SEC. 820. EXTENSION AND MODIFICATION OF NEVER CONTRACT WITH THE ENEMY.
Subtitle E of title VIII of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291; 10
U.S.C. 4871 note prec.) is amended--
(1) in section 841--
(A) in subsection (i)(1)--
(i) in the matter preceding subparagraph (A), by
striking ``2016, 2017, and 2018'' and inserting ``2023,
and annually thereafter''; and
(ii) by adding at the end the following new
subparagraphs:
``(C) Specific examples where the authorities under this
section can not be used to mitigate national security threats
posed by vendors supporting Department operations because of the
restriction on using such authorities only with respect to
contingency operations.
``(D) A description of the policies ensuring that oversight
of the use of the authorities in this section is effectively
carried out by a single office in the Office of the Under
Secretary of Defense for Acquisition and Sustainment.''; and
(B) in subsection (n), by striking ``December 31, 2023'' and
inserting ``December 31, 2025''; and
(2) in section 842(b)(1), by striking ``2016, 2017, and 2018'' and
inserting ``2023, 2024, and 2025''.
SEC. 821. REPEAL OF REQUIREMENT FOR INSPECTOR GENERAL OF THE DEPARTMENT OF
DEFENSE TO CONDUCT CERTAIN REVIEWS.
Section 847(b) of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 10 U.S.C. 1701 note) is amended--
(1) by striking ``Requirement.--'' and all that follows through
``Each request'' and inserting ``Requirement.--Each request''; and
(2) by striking paragraph (2).
SEC. 822. MODIFICATION OF CONTRACTS TO PROVIDE EXTRAORDINARY RELIEF DUE TO
INFLATION IMPACTS.
(a) Contract Modification Authority.--The first section of Public Law 85-804
(50 U.S.C. 1431) is amended--
(1) by striking ``That the President'' and inserting the following:
``Section 1. (a) That the President'';
(2) by striking ``an amount in excess of $50,000'' and inserting
``an amount in excess of $500,000'';
(3) by striking ``any amount in excess of $25,000,000'' and
inserting ``an amount in excess of $150,000,000''; and
(4) by inserting after subsection (a) (as added by paragraph (1))
the following new subsections:
``(b) Temporary Authority to Modify Certain Contracts and Options Based on
the Impacts of Inflation.--Only amounts specifically provided by an
appropriations Act for the purposes detailed in subsections (c) and (d) of this
section may be used by the Secretary of Defense to carry out such subsections.
``(c)(1) The Secretary of Defense, acting pursuant to a Presidential
authorization under subsection (a) and in accordance with subsection (b)--
``(A) may, notwithstanding subsection (e) of section 2 of this Act
(50 U.S.C. 1432(e)), make an amendment or modification to an eligible
contract when, due solely to economic inflation, the cost to a prime
contractor of performing such eligible contract is greater than the
price of such eligible contract; and
``(B) may not request consideration from such prime contractor for
such amendment or modification.
``(2) A prime contractor may submit to the Secretary of Defense a request
for an amendment or modification to an eligible contract pursuant to subsection
(a) when, due solely to economic inflation, the cost to a covered subcontractor
of performing an eligible subcontract is greater than the price of such eligible
subcontract. Such request shall include a certification that the prime
contractor--
``(A) will remit to such covered subcontractor the difference, if
any, between the original price of such eligible contract and the price
of such eligible contract if the Secretary of Defense makes an amendment
or modification pursuant to subsection (a); and
``(B) will not require such covered subcontractor to pay additional
consideration or fees related to such amendment or modification.
``(3) If a prime contractor does not make the request described in paragraph
(2), a covered subcontractor may submit to a contracting officer of the
Department of Defense a request for an amendment or modification to an eligible
subcontract when, due solely to economic inflation, the cost to such covered
subcontractor of performing such eligible subcontract is greater than the price
of such eligible subcontract.
``(d) Any adjustment or modification made pursuant to subsection (c) to an
eligible contract or an eligible subcontract shall--
``(1) be contingent upon the continued performance, as applicable,
of such eligible contract or such eligible subcontract; and
``(2) account only for the actual cost of performing such eligible
contract or such eligible subcontract, but may account for indirect
costs of performance, as the Secretary of Defense determines
appropriate.
``(e) The authority under subsections (c) and (d) shall be effective during
the period beginning on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2023 and ending on December 31, 2023.
``(f) In this section:
``(1) The term `covered subcontractor' means a subcontractor who has
entered into an eligible subcontract with a prime contractor.
``(2) The term `eligible contract' means a contract awarded to a
prime contractor by the Secretary of Defense pursuant to subsection (a).
``(3) The term `eligible subcontract' means a subcontract made under
an eligible contract to a covered subcontractor.''.
(b) Guidance.--Not later than 90 days after the date of the enactment of an
Act providing appropriations to carry out section 1 of Public Law 85-804 (50
U.S.C. 1431) (as added by subsection (a)), the Under Secretary of Defense for
Acquisition and Sustainment shall issue guidance implementing the authority
under subsections (b) through (d) of section 1 of Public Law 85-804 (50 U.S.C.
1431) (as added by subsection (a)).
Subtitle C--Provisions Relating to Acquisition Workforce
SEC. 831. KEY EXPERIENCES AND ENHANCED PAY AUTHORITY FOR ACQUISITION WORKFORCE
EXCELLENCE.
(a) Participation in the Public-private Talent Exchange Program.--
(1) In general.--Section 1701a(b) of title 10, United States Code,
is amended--
(A) in paragraph (9)(C), by striking ``and'' at the end;
(B) in paragraph (10), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(11) ensure the participation in the public-private talent
exchange program established under section 1599g of this title of up to
250 members of the acquisition workforce in each fiscal year.''.
(2) Technical amendment.--Section 1701a(b)(2) of title 10, United
States Code, is further amended by striking ``as defined'' and all that
follows through ``this title'' and inserting ``as defined in section
3001 of this title''.
(b) Enhanced Pay Authority for Positions in Department of Defense Field
Activities and Defense Agencies.--Section 1701b(e)(2) of title 10, United States
Code, is amended to read as follows:
``(2) Number of positions.--The authority in subsection (a) may not
be used at any one time with respect to--
``(A) more than five positions, in total, in Department of
Defense Field Activities and Defense Agencies;
``(B) more than five positions in the Office of the
Secretary of Defense; and
``(C) more than five positions in each military
department.''.
(c) Report on Public-private Talent Exchanges.--Section 1599g of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(k) Report.--Each member of the acquisition workforce that participates in
the program established under this section shall, upon completion of such
participation, submit to the President of the Defense Acquisition University for
inclusion in the report required under section 1746a(e) a description and
evaluation of such participation.''.
SEC. 832. DEFENSE ACQUISITION UNIVERSITY REFORMS.
(a) In General.--Section 1746 of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) by amending paragraph (2) to read as follows:
``(2) The Secretary of Defense shall ensure the defense acquisition
university structure includes relevant expert lecturers from extramural
institutions (as defined in section 1746a(g) of this title), industry, or
federally funded research and development centers to advance acquisition
workforce competence regarding commercial business interests, acquisition
process-related innovations, and other relevant leading practices of the private
sector.'';
(B) by striking paragraph (3); and
(C) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively;
(2) in subsection (c), by striking ``commercial training providers''
and inserting ``extramural institutions (as defined in section 1746a(g)
of this title)''; and
(3) by adding at the end the following new subsection:
``(e) President Appointment.--(1) The Under Secretary of Defense for
Acquisition and Sustainment shall appoint the President of the Defense
Acquisition University.
``(2) When determining who to appoint under paragraph (1), the Under
Secretary of Defense for Acquisition and Sustainment shall, in consultation with
the Under Secretary of Defense for Research and Engineering and the service
acquisition executives, prioritize highly qualified candidates who demonstrate a
combination of the following:
``(A) Leadership abilities.
``(B) Experience using leading practices to develop talent in the
private sector.
``(C) Other qualifying factors, including experience with and an
understanding of the defense acquisition system (as defined in section
3001 of this title), an understanding of emerging technologies and the
defense applications of such technologies, experience partnering with
States, national associations, and academia, and experience with
learning technologies.
``(3) The term of the President of the Defense Acquisition University shall
be not more than five years, unless the Under Secretary of Defense for
Acquisition and Sustainment determines it necessary to extend the term for up to
an additional five years. The preceding sentence does not apply to the President
of the Defense Acquisition University serving on January 1, 2022.''.
(b) Implementation Report.--Not later than March 1, 2023, the Secretary of
Defense shall submit to the congressional defense committees a plan to modify
the defense acquisition university structure to comply with section 1746(b)(2)
of title 10, United States Code, as amended by subsection (a). Such plan shall
establish a date of not later than March 1, 2026, for such modification to be
completed.
SEC. 833. MODIFICATIONS TO DEFENSE CIVILIAN TRAINING CORPS.
Section 2200g of title 10, United States Code, is amended--
(1) by striking ``For the purposes of'' and all that follows through
``establish and maintain'' and inserting the following: ``The Secretary
of Defense, acting through the Under Secretary for Defense for
Acquisition and Sustainment, shall establish and maintain'';
(2) by designating the text of such section, as amended by paragraph
(1), as subsection (a); and
(3) by adding at the end the following new subsections:
``(b) Purpose.--The purpose of the Defense Civilian Training Corps is to
target critical skills gaps necessary to achieve the objectives of the national
defense strategies required by section 113(g) of this title and the national
security strategies required by section 108 of the National Security Act of 1947
(50 U.S.C. 3043) by preparing students selected for the Defense Civilian
Training Corps for Department of Defense careers relating to acquisition,
digital technologies, critical technologies, science, engineering, finance, and
other civilian occupations determined by the Secretary of Defense.
``(c) Use of Resources and Programs.--The Under Secretary of Defense for
Acquisition and Sustainment may leverage the resources and programs of the
acquisition research organization within a civilian college or university that
is described under section 4142(a) of this title (commonly referred to as the
`Acquisition Innovation Research Center') to carry out the requirements of this
chapter.''.
SEC. 834. ACQUISITION WORKFORCE INCENTIVES RELATING TO TRAINING ON, AND
AGREEMENTS WITH, CERTAIN START-UP BUSINESSES.
(a) Training.--
(1) Curricula.--Not later than one year after the date of the
enactment of this Act, the Director of the Acquisition Innovation
Research Center shall make recommendations on one or more curricula for
members of the acquisition workforce on financing and operations of
start-up businesses, which may include the development of new curricula,
the modification of existing curricula, or the adoption of curricula
from another agency, academia, or the private sector.
(2) Elements.--Courses under curricula recommended under paragraph
(1) shall be offered with varying course lengths and level of study.
(3) Incentives.--The Secretary of Defense shall develop a program to
offer incentives to a member of the acquisition workforce that completes
a curriculum developed, modified, or adopted under paragraph (1).
(4) Additional training materials.--In recommending curricula under
paragraph (1), the Director of the Acquisition Innovation Research
Center shall consider and incorporate appropriate training materials
from university, college, trade-school, or private-sector curricula in
business, law, or public policy.
(b) Exchanges.--
(1) In general.--The Secretary of Defense shall establish a pilot
program under which the Secretary shall, in accordance with section
1599g of title 10, United States Code, arrange for the temporary
assignment of--
(A) one or more members of the acquisition workforce to a
start-up business; or
(B) an employee of a start-up business to an office of the
Department of Defense.
(2) Priority.--The Secretary shall prioritize for participation in
the pilot program described under paragraph (1)(A) members of the
acquisition workforce who have completed a curriculum required under
paragraph (1).
(3) Termination.--The Secretary may not carry out the pilot program
authorized by this subsection after the date that is three years after
the date of the enactment of this Act.
(c) Conferences.--The Secretary of Defense shall identify existing
conferences sponsored by the Department of Defense that might be expanded to
include opportunities for sharing knowledge and best practices on software
acquisition issues. Such opportunities shall maximize participation between
members of the acquisition workforce, employees of start-up businesses, and
investors in start-up businesses.
(d) Pilot Program.--
(1) Establishment.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Defense shall establish a pilot
program to test the feasibility of innovative approaches to negotiating
and establishing intellectual property and data rights in agreements
with start-up businesses for the procurement of software and software-
embedded systems.
(2) Authority.--To the maximum extent practicable, the Secretary
shall--
(A) ensure that a member of the acquisition workforce who
has completed a curriculum required under subsection (a) is able
to exercise authority to apply an approach described in
paragraph (1); and
(B) provide incentives to such member to exercise such
authority.
(3) Elements.--An approach described in paragraph (1) shall include
the following:
(A) Flexible and tailored requirements relating to the
acquisition and licensing of intellectual property and data
rights in the software and software-embedded systems to be
acquired under the agreement.
(B) An identification and definition of the technical
interoperability standards required for such software and
software-embedded systems.
(C) Flexible mechanisms for access and delivery of code for
such software, including documentation of the costs and benefits
of each such mechanism.
(4) Termination.--The Secretary may not carry out the pilot program
authorized by this subsection after the date that is 5 years after the
date of the enactment of this Act.
(e) Definitions.--In this section:
(1) The term ``Acquisition Innovation Research Center'' means the
acquisition research organization within a civilian college or
university that is described under section 4142(a) of title 10, United
States Code.
(2) The term ``acquisition workforce'' has the meaning given in
section 101 of title 10, United States Code.
(3) The term ``start-up business'' means a small business that has
been in existence for 5 years or less.
SEC. 835. CURRICULA ON SOFTWARE ACQUISITIONS AND CYBERSECURITY SOFTWARE OR
HARDWARE ACQUISITIONS FOR COVERED INDIVIDUALS.
(a) Curricula.--The President of the Defense Acquisition University, shall
supplement existing training curricula related to software acquisitions and
cybersecurity software or hardware acquisitions and offer such curricula to
covered individuals to increase digital literacy related to such acquisitions by
developing the ability of such covered individuals to use technology to
identify, critically evaluate, and synthesize data and information related to
such acquisitions.
(b) Elements.--Curricula developed pursuant to subsection (a) shall provide
information on--
(1) cybersecurity, information technology systems, computer
networks, cloud computing, artificial intelligence, machine learning,
distributed ledger technologies, and quantum technologies;
(2) cybersecurity threats and capabilities;
(3) activities that encompass the full range of threat reduction,
vulnerability reduction, deterrence, incident response, resiliency, and
recovery policies and activities, including activities relating to
computer network operations, information assurance, military missions,
and intelligence missions to the extent such activities relate to the
security and stability of cyberspace; and
(4) the industry best practices relating to software acquisitions
and cybersecurity software or hardware acquisitions.
(c) Plan.--Not later than 180 days after enactment of this Act, the
Secretary of Defense, in consultation with the President of the Defense
Acquisition University, shall submit to Congress a comprehensive plan to
implement the curricula developed under subsection (a) that includes a
comparison with similar existing training curricula. Such plan shall include a
list of resources required for and costs associated with such implementation,
including--
(1) curriculum development;
(2) hiring instructors to teach the curriculum;
(3) facilities; or
(4) website development.
(d) Implementation.--Not later than one year after the date on which the
plan described in subsection (d) is submitted to the Committees on Armed
Services of the Senate and House of Representatives, the President of the
Defense Acquisition University shall offer the curricula developed under
subsection (a) to covered individuals.
(e) Report.--Not later than one year after the date on which the plan
described in subsection (d) is submitted to the Committees on Armed Services of
the Senate and House of Representatives, the Secretary of Defense, in
consultation with the President of the Defense Acquisition University, shall
submit to Congress a report assessing the costs and benefits of requiring all
covered individuals to complete the curricula developed under subsection (a).
(f) Covered Individuals Defined.--In this section, the term ``covered
individuals'' means an individual serving in a position designated under section
1721(b) of title 10, United States Code, who is regularly consulted for software
acquisitions or cybersecurity software or hardware acquisitions.
SEC. 836. DEPARTMENT OF DEFENSE NATIONAL IMPERATIVE FOR INDUSTRIAL SKILLS
PROGRAM.
(a) In General.--The Secretary of Defense, acting through the Industrial
Base Analysis and Sustainment program of the Department of Defense, shall
evaluate and further develop workforce development training programs (as defined
by the Secretary of Defense) for training the skilled industrial workers (as
defined by the Secretary of Defense) that are needed in the defense industrial
base through the National Imperative for Industrial Skills program of the
Department of Defense (or a successor program).
(b) Priorities.--In carrying out this section, the Secretary shall
prioritize workforce development training programs that--
(1) are innovative, lab-based, or experientially-based;
(2) rapidly train skilled industrial workers for employment with
entities in the defense industrial base faster than traditional
workforce development training programs and at the scale needed to
measurably reduce, as rapidly as possible, the shortages of skilled
industrial workers in the defense industrial base, including
modernization of required equipment and training curricula;
(3) recruit skilled industrial workers who are manufacturing workers
from underrepresented communities;
(4) provide students and skilled industrial workers with the support
needed to successfully participate in the defense industrial base;
(5) address the specific manufacturing requirements and skills that
are unique to critical industrial sectors of the defense industrial base
as defined by the Secretary of Defense, such as naval shipbuilding; and
(6) with respect to Federal workforce development training programs
in existence on or before the date of the enactment of this Act--
(A) maximize the use of such Federal workforce development
training programs; or
(B) expand on the activities of such Federal workforce
development training programs.
Subtitle D--Provisions Relating to Software and Technology
SEC. 841. GUIDELINES AND RESOURCES ON THE ACQUISITION OR LICENSING OF
INTELLECTUAL PROPERTY.
Section 3791 of title 10, United States Code, is amended--
(1) in the section heading, by striking ``department of defense''
and inserting ``Department of Defense''; and
(2) by adding at the end the following new subsection:
``(c) Guidelines and Resources.--
``(1) In general.--The Secretary of Defense, acting through the
Under Secretary of Defense for Acquisition and Sustainment, shall
develop guidelines and resources on the acquisition or licensing of
intellectual property, including--
``(A) intellectual property strategies and other mechanisms
supporting the use of modular open system approaches (as defined
in section 4401(b) of this title);
``(B) evaluation and negotiation of intellectual property
licenses in competitive and non-competitive awards;
``(C) models and best practices for specially negotiated
licenses, including specially negotiated licenses described in
section 3774(c) of this title; and
``(D) definitions, key terms, examples, and case studies
that clarify differences between--
``(i) detailed manufacturing and process data;
``(ii) form, fit, and function data;
``(iii) data required for operations, maintenance,
installation, and training;
``(iv) modular system interfaces (as defined in
section 4401(b) of this title); and
``(v) technical data pertaining to an interface
between an item or process and other items or processes
necessary for the segregation of an item or process
from, or the reintegration of that item or process (or a
functionally equivalent item or process) with, other
items or processes.
``(2) Guidelines and resources limit.--The guidelines and resources
developed under paragraph (1) may not alter or affect any authority or
duty under this section or section 1707 of this title.
``(3) Review and consultation.--In developing the guidelines and
resources described in paragraph (1), the Secretary shall--
``(A) review the applicable statutory and regulatory
history, including among the definitions and key terms in
section 3771 of this title, to ensure consistency; and
``(B) regularly consult with appropriate government and
industry persons and organizations.
``(4) Training.--The Secretary of Defense shall ensure that the
acquisition workforce receives training on the guidelines and resources
developed under paragraph (1).''.
SEC. 842. MODIFICATION OF AUTHORITY OF THE DEPARTMENT OF DEFENSE TO CARRY OUT
CERTAIN PROTOTYPE PROJECTS.
Section 4022 of title 10, United States Code, is amended--
(1) in subsection (a)(2)--
(A) by striking ``, and any follow-on production contract or
transaction that is awarded pursuant to subsection (f),'' both
places it appears;
(B) in subparagraph (A)(ii), by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (B)(ii), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following new subparagraph:
``(C) may be exercised for a transaction for a follow-on production
contract or transaction that is awarded pursuant to subsection (f) and
expected to cost the Department of Defense in excess of $100,000,000
(including all options) only if a covered official--
``(i) determines in writing that--
``(I) the requirements of subsection (d) will be
met; and
``(II) the use of the authority of this section is
essential to meet critical national security objectives;
and
``(ii) notifies the congressional defense committees in
writing of the determinations required under clause (i) at the
time such authority is exercised.'';
(2) in subsection (e)--
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (4), respectively;
(B) by inserting before paragraph (2), as redesignated by
subparagraph (A), the following new paragraph:
``(1) The term `covered official' means--
``(A) a service acquisition executive;
``(B) the Director of the Defense Advanced Research Projects
Agency;
``(C) the Director of the Missile Defense Agency;
``(D) the Undersecretary of Defense for Acquisition and
Sustainment; or
``(E) the Undersecretary of Defense for Research and
Engineering.''; and
(C) by inserting after paragraph (2), as so redesignated,
the following new paragraph:
``(3) The term `service acquisition executive' has the meaning given
that term in section 101(a) of this title.''; and
(3) in subsection (f)(2), in the matter preceding subparagraph (A),
by striking ``of section 2304 of this title,'' and inserting the
following: ``of chapter 221 of this title and even if explicit
notification was not listed within the request for proposal for the
transaction''.
SEC. 843. OTHER TRANSACTION AUTHORITY CLARIFICATION.
Section 4022 of title 10, United States Code, as amended by section 842, is
further amended--
(1) in subsection (a)(1), by striking ``military personnel and the
supporting'' and inserting ``personnel of the Department of Defense or
improving'';
(2) in subsection (e), by adding at the end the following new
paragraph:
``(5) The term `prototype project' includes a project that
addresses--
``(A) a proof of concept, model, or process, including a
business process;
``(B) reverse engineering to address obsolescence;
``(C) a pilot or novel application of commercial
technologies for defense purposes;
``(D) agile development activity;
``(E) the creation, design, development, or demonstration of
operational utility; or
``(F) any combination of subparagraphs (A) through (E).'';
and
(3) by adding at the end the following new subsection:
``(i) Pilot Authority for Use of Other Transactions for Installation or
Facility Prototyping.--
``(1) In general.--The Secretary of Defense or the Secretary of a
military department may establish a pilot program under which the
Secretary may, under the authority of this section, carry out prototype
projects that are directly relevant to enhancing the ability of the
Department of Defense to prototype the design, development, or
demonstration of new construction techniques or technologies to improve
military installations or facilities (as such terms are defined in
section 2801 of this title).
``(2) Limits.--In carrying out prototype projects under the pilot
program established under paragraph (1)--
``(A) not more than two prototype projects may begin to be
carried out per fiscal year under such pilot program; and
``(B) the aggregate value of all transactions entered into
under such pilot program may not exceed $200,000,000.
``(3) Sunset.--
``(A) In general.--Except as provided in subparagraph (B),
the authority to carry out prototype projects under the pilot
program established under paragraph (1) shall terminate on
September 30, 2025.
``(B) Ongoing project exception.--Subparagraph (A) shall not
apply with respect to prototype projects being carried out under
the pilot program established under paragraph (1) on the date
described in subparagraph (A).''.
SEC. 844. PRIZES FOR ADVANCED TECHNOLOGY ACHIEVEMENTS.
Section 4025 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``that have'' and inserting ``that--''
``(1) have'';
(B) by striking ``Defense.'' and inserting ``Defense; or'';
and
(C) by adding at the end the following new paragraph:
``(2) demonstrate management practices that improve the schedule or
performance, reduce the costs, or otherwise support the transition of
technology into acquisition programs or operational use.'';
(2) in subsection (b), by striking ``of research results, technology
developments, and prototypes'';
(3) in subsection (d), by striking ``to acquire, support, or
stimulate basic, advanced and applied research, technology development,
or prototype projects'';
(4) in subsection (f), by striking ``section 2304'' and inserting
``chapter 221''; and
(5) in subsection (g)(2)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (D) and (E), respectively; and
(B) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) if applicable, a summary of the management practice
that contributed to an improvement to schedule or performance or
a reduction in cost relating to the transition of technology;
``(C) an identification of any program executive officer (as
defined in section 1737 of this title) responsible for
implementation or oversight of research results, technology
development, prototype development, or management practices (as
applicable) for which an award was made under this section, and
a brief summary of lessons learned by such program executive
officer in carrying out such implementation or oversight;''.
SEC. 845. CONGRESSIONAL NOTIFICATION FOR PILOT PROGRAM TO ACCELERATE THE
PROCUREMENT AND FIELDING OF INNOVATIVE TECHNOLOGIES.
Section 834 of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1835; 10 U.S.C. 4061 note) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new subsection:
``(f) Congressional Notification.--The Secretary of Defense shall notify the
congressional defense committees within 30 days after funding has been provided
for a proposal selected for an award under the pilot program established under
this section.''.
SEC. 846. REPORT ON SOFTWARE DELIVERY TIMES.
(a) Report.--Not later than one year after the date of the enactment of this
Act, and annually thereafter until December 31, 2028, the Under Secretary of
Defense for Acquisition and Sustainment, in consultation with the Chief
Information Officer of the Department of Defense and the Chief Digital and
Artificial Intelligence Officer, shall submit to the congressional defense
committees a report on the following:
(1) A description of covered software delivered during the fiscal
year preceding the date of the report that is being developed using
iterative development, including a description of the capabilities
delivered for operational use.
(2) For such covered software not developed using iterative
development, an explanation for not using iterative development and a
description of the development method used.
(3) For such covered software being developed using iterative
development, the frequency with which capabilities of such covered
software were delivered, disaggregated as follows:
(A) Covered software for which capabilities were delivered
during period of less than three months.
(B) Covered software for which capabilities were delivered
during period of more than three months and less than six
months.
(C) Covered software for which capabilities were delivered
during period of more than six months and less than nine months.
(D) Covered software for which capabilities were delivered
during period of more than nine months and less than 12 months.
(4) With respect to covered software described in paragraph (3) for
which capabilities of such covered software were not delivered in fewer
than 12 months, an explanation of why such delivery was not possible.
(b) Definitions.--In this section:
(1) The term ``Chief Digital and Artificial Intelligence Officer''
means--
(A) the official designated as the Chief Digital and
Artificial Intelligence Officer of the Department of Defense
pursuant to the memorandum of the Secretary of Defense titled
``Establishment of the Chief Digital and Artificial Intelligence
Officer'' dated December 8, 2021; or
(B) if there is no official designated as such Officer, the
official within the Office of the Secretary of Defense with
primary responsibility for digital and artificial intelligence
matters.
(2) The term ``covered software'' means software that is being
developed that--
(A) was acquired using a software acquisition pathway
established under section 800 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92); or
(B) is a covered defense business system, as defined in
section 2222(i) of title 10, United States Code.
(3) The term ``iterative development'' has the meaning given the
term ``agile or iterative development'' in section 891 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 10 115-91;
131 Stat. 1509; 10 U.S.C. 1746 note).
Subtitle E--Industrial Base Matters
SEC. 851. MODIFICATION TO THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
Section 4801(1) of title 10, United States Code, is amended by inserting
``New Zealand,'' after ``Australia,''.
SEC. 852. MODIFICATION TO MISCELLANEOUS LIMITATIONS ON THE PROCUREMENT OF GOODS
OTHER THAN UNITED STATES GOODS.
Section 4864 of title 10, United States Code, as amended by section 853, is
further amended by adding at the end the following new subsection:
``(l) Periodic Review.--
``(1) Recommendation.--Not later than November 1, 2024, and every
five years thereafter, the Under Secretary of Defense for Acquisition
and Sustainment shall review each item described in subsections (a) and
(e) of this section and submit to the congressional defense committees,
in writing, one of the following recommendations:
``(A) Recommend continued inclusion of the item under this
section.
``(B) Recommend continued inclusion of the item under this
section with modifications.
``(C) Recommend discontinuing inclusion of the item under
this section.
``(2) Elements.--Each review required under paragraph (1) shall
include, with respect to the five-year period preceding the date of
submission of the written determination related to such a review, the
following elements:
``(A) The criticality of the item reviewed to a military
unit's mission accomplishment or other national security
objectives.
``(B) The extent to which such item is fielded in current
programs of record.
``(C) The number of such items to be procured by current
programs of record.
``(D) The extent to which cost and pricing data for such
item has been deemed fair and reasonable.
``(3) Justification.--The written determination required under
paragraph (1) shall also include the findings of the applicable review
conducted under such paragraph and any key justifications for the
recommendation.''.
SEC. 853. REQUIREMENTS FOR THE PROCUREMENT OF CERTAIN COMPONENTS FOR CERTAIN
NAVAL VESSELS AND AUXILIARY SHIPS.
(a) Requirement That Certain Auxiliary Ship Components Be Manufactured in
the National Technology and Industrial Base.--
(1) Technical amendment.--Section 4864 of title 10, United States
Code, is amended by redesignating subsection (l) (relating to
``Implementation of auxiliary ship component limitation'') as subsection
(k).
(2) Components for auxiliary ships.--Paragraph (4) of section
4864(a) of title 10, United States Code, is amended--
(A) in the subsection heading, by inserting ``and T-ARC''
after ``T-AO 205''; and
(B) by inserting ``and T-ARC'' after ``T-AO 205''.
(b) Regulations.--Not later than June 1, 2023, the Secretary of Defense
shall issue regulations for carrying out section 4864(j) of title 10, United
States Code.
SEC. 854. MODIFICATIONS TO THE PROCUREMENT TECHNICAL ASSISTANCE PROGRAM.
(a) Administrative and Other Logistical Costs.--Section 4961 of title 10,
United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking ``Director of
the Defense Logistics Agency'' and inserting ``Secretary'';
(2) in paragraph (1), by striking ``three'' and inserting ``four'';
and
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A) by striking
``Director'' and inserting ``Secretary''; and
(B) in subparagraph (A), by inserting ``, including meetings
of an association recognized under section 4954(f),'' after
``meetings''.
(b) Cooperative Agreements.--Section 4954 of title 10, United States Code,
is amended by adding at the end the following new subsections:
``(f) Association Recognition and Duties.--Eligible entities that provide
procurement technical assistance pursuant to this chapter may form an
association to pursue matters of common concern. If more than a majority of such
eligible entities are members of such an association, the Secretary shall--
``(1) recognize the existence and activities of such an association;
and
``(2) jointly develop with such association a model cooperative
agreement that may be used at the option of the Secretary and an
eligible entity.''.
(c) Regulations.--Section 4953 of title 10, United States Code, is amended
by inserting ``, and shall consult with an association recognized under section
4954(f) regarding any revisions to such regulations'' before the period at the
end.
(d) Funding.--Section 4955(a)(1) of title 10, United States Code, is amended
by striking ``$1,000,000'' and inserting ``$1,500,000''.
SEC. 855. CODIFICATION OF PROHIBITION ON CERTAIN PROCUREMENTS FROM THE XINJIANG
UYGHUR AUTONOMOUS REGION.
(a) Repeal.--Section 848 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 4651 note prec.) is repealed.
(b) Prohibition on Certain Procurements From the Xinjiang Uyghur Autonomous
Region.--Chapter 363 of title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 4661. Prohibition on certain procurements from the Xinjiang Uyghur
Autonomous Region
``(a) Prohibition on the Availability of Funds for Certain Procurements From
XUAR.--None of the funds authorized to be appropriated by a national defense
authorization Act or any other Act, or otherwise made available for any fiscal
year for the Department of Defense, may be obligated or expended to knowingly
procure any products mined, produced, or manufactured wholly or in part by
forced labor from XUAR or from an entity that has used labor from within or
transferred from XUAR as part of a `poverty alleviation' or `pairing assistance'
program.
``(b) Definitions.--In this section, the terms `forced labor' and `XUAR'
have the meanings given, respectively, in section 2496 of this title.''.
(c) Clerical Amendment.--The table of contents for such chapter is amended
by adding at the end the following new item:
``4661. Prohibition on certain procurements from the Xinjiang Uyghur
Autonomous Region.''.
(d) Policy Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall issue a policy to require
that an offeror or awardee of a Department of Defense contract shall make a good
faith effort to determine that forced labor from XUAR, as described in section
4661 of title 10, United States Code (as amended by subsection (b)), will not be
used in the performance of such contract.
SEC. 856. CODIFICATION OF THE DEPARTMENT OF DEFENSE MENTOR-PROTEGE PROGRAM.
(a) In General.--Section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (10 U.S.C. 4901 note prec.) is transferred to subchapter I of
chapter 387 of title 10, United States Code, inserted after section 4901, and
redesignated as section 4902.
(b) Amendments.--Section 4902 of title 10, United States Code, as so
transferred and redesignated, is amended--
(1) in the section heading, by striking ``mentor-protege pilot'' and
inserting ``department of defense mentor-protege'';
(2) in the heading for subsection (a), by striking ``Pilot'';
(3) in subsections (a) and (c), by striking ``pilot'' each place it
appears;
(4) in subsection (d)(1)(B)(iii)--
(A) in subclause (I), by striking ``$100,000,000'' and
inserting ``$25,000,000''; and
(B) in subclause (II), by striking ``subsection (k)'' and
inserting ``subsection (j)'';
(5) in subsection (e)(2), by striking ``two years'' each place it
appears and inserting ``three years'';
(6) in subsection (f)--
(A) in paragraph (1)(B), by inserting ``manufacturing, test
and evaluation,'' after ``inventory control,''; and
(B) in paragraph (6)(B), by striking ``pursuant to'' and all
that follows through the semicolon at the end and inserting
``pursuant to chapter 388 of this title;'';
(7) in subsection (g)(3)(C), by striking ``subsection (k)'' and
inserting ``subsection (j)'';
(8) by striking subsections (j) and (n);
(9) by redesignating subsections (k) through (m) as subsections (j)
through (l), respectively;
(10) by redesignating subsection (o) as subsection (n);
(11) in subsection (j), as so redesignated--
(A) by striking ``pilot'' each place it appears;
(B) by striking ``by which mentor firms'' and inserting ``by
which the parties''; and
(C) by striking ``The Secretary shall publish'' and all that
follows through ``270 days after the date of the enactment of
this Act.'';
(12) in paragraph (7)(B) of subsection (k), as so redesignated, by
striking ``pursuant to'' and all that follows through ``; or'' and
inserting ``pursuant to chapter 388 of this title; or'';
(13) in subsection (l), as so redesignated, by striking ``subsection
(l)'' and inserting ``subsection (k)'';
(14) by inserting after subsection (l), as so redesignated, the
following new subsection:
``(m) Annual Collection of Performance Data.--The Director of the Office of
Small Business Programs shall--
``(1) maintain outcome-based performance goals and annually collect
data through an automated information system (if practicable) assessing
such goals; and
``(2) conduct an independent review of the Mentor-Protege Program
established under this section at least once every three years.''; and
(15) by amending subsection (n), as so redesignated, to read as
follows:
``(n) Definitions.--In this section:
``(1) The term `affiliation', with respect to a relationship between
a mentor firm and a protege firm, means a relationship described under
section 121.103 of title 13, Code of Federal Regulations (or any
successor regulation).
``(2) The term `disadvantaged small business concern' means a firm
that is not more than the size standard corresponding to its primary
North American Industry Classification System code, is not owned or
managed by individuals or entities that directly or indirectly have
stock options or convertible securities in the mentor firm, and is--
``(A) a small business concern owned and controlled by
socially and economically disadvantaged individuals;
``(B) a business entity owned and controlled by an Indian
tribe as defined by section 8(a)(13) of the Small Business Act
(15 U.S.C. 637(a)(13));
``(C) a business entity owned and controlled by a Native
Hawaiian Organization as defined by section 8(a)(15) of the
Small Business Act (15 U.S.C. 637(a)(15));
``(D) a qualified organization employing severely disabled
individuals;
``(E) a small business concern owned and controlled by
women, as defined in section 8(d)(3)(D) of the Small Business
Act (15 U.S.C. 637(d)(3)(D));
``(F) a small business concern owned and controlled by
service-disabled veterans (as defined in section 8(d)(3) of the
Small Business Act (15 U.S.C. 637(d)(3)));
``(G) a qualified HUBZone small business concern (as defined
in section 31(b) of the Small Business Act (15 U.S.C. 657a(b)));
or
``(H) a small business concern that--
``(i) is a nontraditional defense contractor, as
such term is defined in section 3014 of this title; or
``(ii) currently provides goods or services in the
private sector that are critical to enhancing the
capabilities of the defense supplier base and fulfilling
key Department of Defense needs.
``(3) The term `historically Black college and university' means any
of the historically Black colleges and universities referred to in
section 2323 of this title, as in effect on March 1, 2018.
``(4) The term `minority institution of higher education' means an
institution of higher education with a student body that reflects the
composition specified in section 312(b)(3), (4), and (5) of the Higher
Education Act of 1965 (20 U.S.C. 1058(b)(3), (4), and (5)).
``(5) The term `qualified organization employing the severely
disabled' means a business entity operated on a for-profit or nonprofit
basis that--
``(A) uses rehabilitative engineering to provide employment
opportunities for severely disabled individuals and integrates
severely disabled individuals into its workforce;
``(B) employs severely disabled individuals at a rate that
averages not less than 20 percent of its total workforce;
``(C) employs each severely disabled individual in its
workforce generally on the basis of 40 hours per week; and
``(D) pays not less than the minimum wage prescribed
pursuant to section 6 of the Fair Labor Standards Act (29 U.S.C.
206) to those employees who are severely disabled individuals.
``(6) The term `severely disabled individual' means an individual
who is blind (as defined in section 8501 of title 41) or a severely
disabled individual (as defined in such section).
``(7) The term `small business concern' has the meaning given such
term under section 3 of the Small Business Act (15 U.S.C. 632).
``(8) The term `small business concern owned and controlled by
socially and economically disadvantaged individuals' has the meaning
given such term in section 8(d)(3)(C) of the Small Business Act (15
U.S.C. 637(d)(3)(C)).
``(9) The term `subcontracting participation goal', with respect to
a Department of Defense contract, means a goal for the extent of the
participation by disadvantaged small business concerns in the
subcontracts awarded under such contract, as established pursuant to
section 8(d) of the Small Business Act (15 U.S.C. 637(d)).''.
(c) Clerical Amendment.--The table of sections for subchapter I of chapter
387 of title 10, United States Code, is amended by adding at the end the
following new item:
``4902. Department of Defense Mentor-Protege Program.''.
(d) Protege Technical Reimbursement Pilot Program.--
(1) In general.--Not later than July 1, 2023, the Director of the
Office of Small Business Programs of the Department of Defense (as
appointed pursuant to section 144 of title 10, United States Code) shall
establish a pilot program under which a protege firm may receive up to
25 percent of the reimbursement for which the mentor firm of such
protege firm is eligible under the Mentor-Protege Program for a covered
activity described in paragraph (2).
(2) Activity described.--A covered activity under this paragraph is
an engineering, software development, or manufacturing customization
that the protege firm implements in order to ensure that a technology
developed by the protege firm will be ready for integration with a
program or system of the Department of Defense.
(3) Definitions.--In this subsection:
(A) The terms ``mentor firm'', ``protege firm'' have the
meanings given under section 4902 of title 10, United States
Code, as amended by this section.
(B) The term ``Mentor-Protege Program'' means the Mentor-
Protege Program established under section 4902 of title 10,
United States Code, as amended by this section.
(4) Termination.--The pilot program established under paragraph (1)
shall terminate on the date that is five years after the date on which
the pilot program is established.
(e) Conforming Amendments.--
(1) Buy indian act.--Section 23(a)(2) of the Act of June 25, 1910
(commonly known as the ``Buy Indian Act'') (36 Stat. 861, 25 U.S.C.
47(a)(2)) is amended by striking ``section 831(c) of the National
Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2302 note;
Public Law 101-510)'' and inserting ``section 4902(c) of title 10,
United States Code''.
(2) Small business act.--Section 8(d)(12) of the Small Business Act
(15 U.S.C. 637(d)(12)) is amended--
(A) by striking ``the pilot Mentor-Protege Program
established pursuant to section 831 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10
U.S.C. 2301 note)'' and inserting ``the Mentor-Protege Program
established under section 4902 of title 10, United States
Code,''; and
(B) by striking ``subsection (g)'' and inserting
``subsection (f)''.
(f) Regulations.--Not later than December 31, 2023, the Secretary of Defense
shall issue regulations for carrying out section 4902 of title 10, United States
Code, as amended by this section.
(g) Agreements Under Pilot Program.--The amendments made by this section
shall not apply with respect to any agreement entered into under the program as
established under section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1607) before the date of the
enactment of this Act.
SEC. 857. PROCUREMENT REQUIREMENTS RELATING TO RARE EARTH ELEMENTS AND STRATEGIC
AND CRITICAL MATERIALS.
(a) Disclosures Concerning Rare Earth Elements and Strategic and Critical
Materials by Contractors of Department of Defense.--
(1) Requirement.--Beginning on the effective date of this
subsection, the Secretary of Defense shall--
(A) require that any contractor that provides to the
Department of Defense a system with a permanent magnet that
contains rare earth elements or strategic and critical materials
disclose, after undertaking a commercially reasonable inquiry
and along with delivery of the system, the provenance of the
magnet; and
(B) safeguard such disclosures in accordance with applicable
classification level required by the associated programs.
(2) Elements.--A disclosure under paragraph (1) shall include an
identification of the country or countries in which--
(A) any rare earth elements and strategic and critical
materials used in the magnet were mined;
(B) such elements and minerals were refined into oxides;
(C) such elements and minerals were made into metals and
alloys; and
(D) the magnet was sintered or bonded and magnetized.
(3) Implementation of supply chain tracking system.--If a contractor
cannot make the disclosure required by paragraph (1) with respect to a
system described in that paragraph, the Secretary shall require the
contractor to establish and implement a supply chain tracking system in
order to make the disclosure to the fullest extent possible not later
than 180 days after the contractor provides the system to the Department
of Defense. The tracking system shall--
(A) include a description of the efforts taken by the
contractor to date to make the disclosure required by paragraph
(1);
(B) take into account the possible refusal of certain
foreign entities to provide the contractor the information
necessary to make the disclosure required by paragraph (1); and
(C) require the contractor to report to the Secretary the
name, location, and other identifying information of any
entities which refuse to provide the contractor with the
information necessary to make the disclosure required by
paragraph (1).
(4) Waivers.--
(A) In general.--The Secretary may waive a requirement under
paragraph (1) or (3) with respect to a system described in
paragraph (1) for a period of not more than 180 days if the
Secretary certifies to the Committees on Armed Services of the
Senate and the House of Representatives that--
(i) the continued procurement of the system is
necessary to meet the demands of a national emergency
declared under section 201 of the National Emergencies
Act (50 U.S.C. 1621); or
(ii) a contractor that cannot currently make the
disclosure required by paragraph (1) is making
significant efforts to comply with the requirements of
that paragraph.
(B) Waiver renewals.--The Secretary may renew a waiver as
many times as the Secretary considers appropriate, provided that
the Secretary submits an updated certification to the
committees.
(C) Limitation.--The Secretary may not delegate this waiver
authority below the level of Assistant Secretary of Defense, a
senior acquisition executive (as defined in section 101(a) of
title 10, United States Code), or a command acquisition
executive (as described in section 167(e)(4)(C) of title 10,
United States Code) or equivalent.
(5) Briefing required.--
(A) In general.--Not later than 30 days after the submission
of each report required by subsection (c)(3), the Secretary of
Defense shall provide to the Committees on Armed Services of the
Senate and the House of Representatives a briefing that
includes--
(i) a summary of the disclosures made under this
subsection;
(ii) an assessment of the extent of reliance by the
United States on foreign countries, and especially
countries that are not allies of the United States, for
rare earth elements and strategic and critical
materials;
(iii) a determination with respect to which systems
described in paragraph (1) are of the greatest concern
for interruptions of supply chains with respect to rare
earth elements and strategic and critical materials; and
(iv) any suggestions for legislation or funding that
would mitigate security gaps in such supply chains.
(B) Form.--To the extent practicable, each briefing required
under subparagraph (A) shall be in an unclassified form, but may
contain a classified annex.
(6) Effective date.--The requirements described in this subsection
shall take effect--
(A) not earlier than 30 months after the date of enactment
of this Act; and
(B) after the Secretary of Defense certifies to the
Committees on Armed Services of the Senate and the House of
Representatives that the Department has established a process to
ensure that the information collection requirements of this
subsection present no national security risks, or that any such
risks have been fully mitigated.
(b) Expansion of Restrictions on Procurement of Military and Dual-use
Technologies by Chinese Military Companies.--Section 1211 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 10 U.S.C.
4651 note prec.) is amended--
(1) in the section heading, by striking ``communist chinese military
companies'' and inserting ``chinese military companies'';
(2) in subsection (a), by inserting after ``military company'' the
following: ``, any Chinese military company, any Non-SDN Chinese
military-industrial complex company, or any other covered company'';
(3) by amending subsection (b) to read as follows:
``(b) Goods and Services Covered.--
``(1) In general.--For purposes of subsection (a), and except as
provided in paragraph (2), the goods and services described in this
subsection are goods and services--
``(A) on the munitions list of the International Traffic in
Arms Regulations; or
``(B) on the Commerce Control List that--
``(i) are classified in the 600 series; or
``(ii) contain strategic and critical materials,
rare earth elements, or energetic materials used to
manufacture missiles or munitions.
``(2) Exceptions.--Goods and services described in this subsection
do not include goods or services procured--
``(A) in connection with a visit by a vessel or an aircraft
of the United States Armed Forces to the People's Republic of
China;
``(B) for testing purposes; or
``(C) for purposes of gathering intelligence.''; and
(4) in subsection (e)--
(A) by striking paragraph (3);
(B) by redesignating paragraphs (1) and (2) as paragraphs
(3) and (5), respectively;
(C) by inserting before paragraph (3), as redesignated by
subparagraph (B), the following:
``(1) The term `Chinese military company' has the meaning given that
term by section 1260H(d)(1) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10
U.S.C. 113 note).
``(2) The term `Commerce Control List' means the list maintained by
the Bureau of Industry and Security and set forth in Supplement No. 1 to
part 774 of the Export Administration Regulations.'';
(D) by inserting after paragraph (3), as so redesignated,
the following:
``(4) The term `Export Administration Regulations' has the meaning
given that term in section 1742 of the Export Control Reform Act of 2018
(50 U.S.C. 4801).''; and
(E) by adding at the end the following:
``(6) The term `Non-SDN Chinese military-industrial complex company'
means any entity on the Non-SDN Chinese Military-Industrial Complex
Companies List--
``(A) established pursuant to Executive Order 13959 (50
U.S.C. 1701 note; relating to addressing the threat from
securities investments that finance Communist Chinese military
companies), as amended before, on, or after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2023; and
``(B) maintained by the Office of Foreign Assets Control of
the Department of the Treasury.
``(7) The term `other covered company' means a company that--
``(A) is owned or controlled by the government of the
People's Republic of China; and
``(B) is certified by the Secretary of Defense to the
congressional defense committees to be a company that must be
covered by this section for national security reasons.
``(8) The term `strategic and critical materials' means materials
designated as strategic and critical under section 3(a) of the Strategic
and Critical Materials Stock Piling Act (50 U.S.C. 98b(a)).''; and
(5) by adding at the end the following new subsection:
``(f) Effective Date.--With respect to goods and services described in
clause (ii) of subparagraph (b)(1)(B), the prohibition shall take effect 180
days after the date on which the Secretary of Defense certifies to the
congressional defense committees that a sufficient number of commercially viable
providers exist outside of the People's Republic of China that collectively can
provide the Department of Defense with satisfactory quality and sufficient
quantity of such goods or services as and when needed at United States market
prices.''.
(c) Review of Compliance With Contracting Requirements.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, and periodically thereafter until the termination
date specified in paragraph (5), the Comptroller General of the United
States shall assess the extent of the efforts of the Secretary of
Defense to comply with the requirements of--
(A) subsection (a);
(B) section 1211 of the National Defense Authorization Act
for Fiscal Year 2006, as amended by subsection (b); and
(C) section 4872 of title 10, United States Code.
(2) Briefing required.--
(A) In general.--The Comptroller General shall periodically,
until the termination date specified in paragraph (5), provide
to the Committees on Armed Services of the Senate and the House
of Representatives a briefing on the results of the assessments
conducted under paragraph (1) that includes an assessment of--
(i) the inclusion by the Department of Defense of
necessary contracting clauses in relevant contracts to
meet the requirements described in subparagraphs (A),
(B), and (C) of paragraph (1); and
(ii) the efforts of the Department of Defense to
assess the compliance of contractors with such clauses.
(B) Form.--To the extent practicable, each briefing required
under subparagraph (A) shall be in an unclassified form, but may
contain a classified annex.
(3) Report required.--
(A) In general.--The Comptroller General shall, not less
frequently than every 2 years until the termination date
specified in paragraph (5), submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
on the results of the assessments conducted under paragraph (1).
(B) Form.--To the extent practicable, each report required
under subparagraph (A) shall be in an unclassified form, but may
contain a classified annex.
(4) Referral.--If, in conducting an assessment under paragraph (1),
the Comptroller General determines that a contractor has willfully or
recklessly failed to comply with any of the requirements described in
subparagraphs (A), (B), and (C) of paragraph (1), the Comptroller
General may refer the matter, as appropriate, for further examination
and possible enforcement actions.
(5) Termination.--The requirements of this subsection shall
terminate on the date that is 5 years after the date of the enactment of
this Act.
(d) Strategic and Critical Materials Defined.--In this section, the term
``strategic and critical materials'' means materials designated as strategic and
critical under section 3(a) of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98b(a)).
SEC. 858. ANALYSES OF CERTAIN ACTIVITIES FOR ACTION TO ADDRESS SOURCING AND
INDUSTRIAL CAPACITY.
(a) Analysis Required.--
(1) In general.--The Secretary of Defense, acting through the Under
Secretary of Defense for Acquisition and Sustainment and other
appropriate officials, shall review the items under subsection (c) to
determine and develop appropriate actions, consistent with the policies,
programs, and activities required under subpart I of part V of subtitle
A of title 10, United States Code, chapter 83 of title 41, United States
Code, and the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.),
including--
(A) restricting procurement, with appropriate waivers for
cost, emergency requirements, and non-availability of suppliers,
including restricting procurement to--
(i) suppliers in the United States;
(ii) suppliers in the national technology and
industrial base (as defined in section 4801 of title 10,
United States Code);
(iii) suppliers in other allied nations; or
(iv) other suppliers;
(B) increasing investment through use of research and
development or procurement activities and acquisition
authorities to--
(i) expand production capacity;
(ii) diversify sources of supply; or
(iii) promote alternative approaches for addressing
military requirements;
(C) prohibiting procurement from selected sources or
nations;
(D) taking a combination of actions described under
subparagraphs (A), (B), and (C); or
(E) taking no action.
(2) Considerations.--The analyses conducted pursuant to paragraph
(1) shall consider national security, economic, and treaty implications,
as well as impacts on current and potential suppliers of goods and
services.
(b) Reporting on Analyses, Recommendations, and Actions.--
(1) Briefing required.--Not later than January 15, 2024, the
Secretary of Defense shall submit to the congressional defense
committees, in writing--
(A) a summary of the findings of the analyses undertaken for
each item pursuant to subsection (a);
(B) relevant recommendations resulting from the analyses;
and
(C) descriptions of specific activities undertaken as a
result of the analyses, including schedule and resources
allocated for any planned actions.
(2) Reporting.--The Secretary of Defense shall include the analyses
conducted under subsection (a), and any relevant recommendations and
descriptions of activities resulting from such analyses, as appropriate,
in each of the following during the 2024 calendar year:
(A) The annual report or quarterly briefings to Congress
required under section 4814 of title 10, United States Code.
(B) The annual report on unfunded priorities of the national
technology and industrial base required under section 4815 of
such title.
(C) Department of Defense technology and industrial base
policy guidance prescribed under section 4811(c) of such title.
(D) Activities to modernize acquisition processes to ensure
the integrity of the industrial base pursuant to section 4819 of
such title.
(E) Defense memoranda of understanding and related
agreements considered in accordance with section 4851 of such
title.
(F) Industrial base or acquisition policy changes.
(G) Legislative proposals for changes to relevant statutes
which the Department shall consider, develop, and submit to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives not less
frequently than once per fiscal year.
(H) Other actions as the Secretary of Defense determines
appropriate.
(c) List of Goods and Services for Analyses, Recommendations, and Actions.--
The items described in this subsection are the following:
(1) Solar components for satellites.
(2) Satellite ground station service contracts.
(3) Naval vessel shafts and propulsion system components (including
reduction gears and propellers).
(4) Infrastructure or equipment for a passenger boarding bridge at a
military airport designated by the Secretary of Transportation under
section 47118(a) of title 49, United States Code.
(5) Flags of the United States.
(6) Natural rubber from herbaceous plants for military applications.
(7) Alternative proteins as sustainable and secure food sources.
(8) Carbon fiber.
SEC. 859. DEMONSTRATION EXERCISE OF ENHANCED PLANNING FOR INDUSTRIAL
MOBILIZATION AND SUPPLY CHAIN MANAGEMENT.
(a) Demonstration Exercise Required.--Not later than December 31, 2024, the
Secretary of Defense shall conduct a demonstration exercise of industrial
mobilization and supply chain management planning capabilities in support of one
or more operational or contingency plan use cases, as selected in consultation
with the Chairman of the Joint Chiefs of Staff and the Under Secretary of
Defense for Acquisition and Sustainment.
(b) Elements.--The demonstration exercise required under subsection (a)
shall include the following elements:
(1) Use of a current program that is both fielded and still in
production from each military department, Defense Agency, and Department
of Defense Field Activity in order to model a notional plan for
mobilization or supply chain management, as associated with the selected
operational or contingency plans.
(2) The exercise of processes and authorities that support the
Department of Defense for industrial mobilization in support of declared
hostilities or other contingency operations.
(3) The identification of process improvements or gaps in resources,
capabilities, or authorities that require remediation, including those
related to government or contractor production facilities, tooling, or
workforce development.
(4) The implementation of analytical tools and processes to monitor
and assess the health of the industrial base and to use near real-time
data and visualization capabilities in making production and
distribution decisions, with an emphasis on identifying, assessing, and
demonstrating commercially available tools.
(5) The establishment and tracking of goals and metrics to support
institutionalization of defense industrial base health assessment and
planning.
(c) Briefing Required.--Not later than November 1, 2023, the Secretary shall
provide to the congressional defense committees an interim briefing on the
demonstration exercise required under subsection (a), including--
(1) an identification of the programs and use cases to be
demonstrated;
(2) a description of methodology for executing the demonstration
exercise, including analytical tools or metrics identified to support
the process; and
(3) any preliminary findings.
(d) Assessment.--Not later than March 1, 2025, the Secretary shall submit to
the congressional defense committees a report assessing the demonstration
exercise required under subsection (a), including a description of--
(1) the programs and use cases considered in this demonstration
exercise;
(2) the outcomes of the activities required under subsection (b);
(3) outcomes and conclusions;
(4) lessons learned; and
(5) any recommendations for legislative action that may be required
as a result.
(e) Definitions.--In this section, the terms ``military department'',
``Defense Agency'', and ``Defense Field Activity'' have the meanings given those
terms in section 101 of title 10, United States Code.
SEC. 860. RISK MANAGEMENT FOR DEPARTMENT OF DEFENSE PHARMACEUTICAL SUPPLY
CHAINS.
(a) Risk Management for All Department of Defense Pharmaceutical Supply
Chains.--Not later than one year after the date of the enactment of this Act,
the Under Secretary of Defense for Acquisition and Sustainment shall--
(1) develop and issue implementing guidance for risk management for
Department of Defense supply chains for pharmaceutical materiel for the
Department;
(2) identify, in coordination with the Secretary of Health and Human
Services, supply chain information gaps regarding the Department's
reliance on foreign suppliers of drugs, including active pharmaceutical
ingredients and final drug products; and
(3) submit to the Committees on Armed Services of the Senate and the
House of Representatives a report regarding--
(A) existing information streams, if any, that may be used
to assess the reliance by the Department of Defense on high-risk
foreign suppliers of drugs;
(B) vulnerabilities in the drug supply chains of the
Department of Defense; and
(C) any recommendations to address--
(i) information gaps identified under paragraph (2);
and
(ii) any risks related to such reliance on foreign
suppliers.
(b) Risk Management for Department of Defense Pharmaceutical Supply Chain.--
The Director of the Defense Health Agency shall--
(1) not later than one year after the issuance of the guidance
required under subsection (a)(1), develop and publish implementing
guidance for risk management for the Department of Defense supply chain
for pharmaceuticals; and
(2) establish a working group--
(A) to assess risks to the Department's pharmaceutical
supply chain;
(B) to identify the pharmaceuticals most critical to
beneficiary care at military treatment facilities; and
(C) to establish policies for allocating scarce
pharmaceutical resources of the Department of Defense in case of
a supply disruption.
SEC. 861. STRATEGY FOR INCREASING COMPETITIVE OPPORTUNITIES FOR CERTAIN CRITICAL
TECHNOLOGIES.
(a) Strategy.--Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall submit to the congressional defense
committees a comprehensive strategy to--
(1) increase competitive opportunities available for appropriate
United States companies to transition critical technologies into major
weapon systems and other programs of record; and
(2) enhance the integrity and diversity of the defense industrial
base.
(b) Elements.--The strategy required under subsection (a) shall include the
following:
(1) A description of methods to increase opportunities for
appropriate United States companies to develop end items of critical
technologies for major weapon systems, rapidly prototype such end items,
and conduct activities that would support the transition of such end
items into major weapon systems and programs of record, including--
(A) continuous experimentation or military utility
assessments to improve such end items;
(B) evaluation of how to integrate existing commercial
capabilities relating to such end items of appropriate United
States companies or entities in the defense industrial base into
major weapon systems and programs of record in the Department of
Defense;
(C) efforts that improve the ability of appropriate United
States companies or entities in the defense industrial base to
maintain, afford, or manufacture major weapon systems or
components for such systems; and
(D) development of alternative supply sources for components
of a major weapon system to ensure the availability of component
parts and to support supply chain diversity.
(2) Processes to improve coordination by the military departments
and other elements of the Department of Defense to carry out the
strategy required by this section.
(c) Definitions.--In this section:
(1) The term ``appropriate United States company'' means--
(A) a nontraditional defense contractor, as defined in
section 3014 of title 10, United States Code; or
(B) a prime contractor that has entered into a cooperative
agreement with a nontraditional defense contractor with the
express intent to pursue funding authorized by sections 4021 and
4022 of title 10, United States Code, in the development,
testing, or prototyping of critical technologies.
(2) The term ``major weapon system'' has the meaning given in
section 3455 of title 10, United States Code.
(3) The term ``critical technology'' means a technology identified
as critical by the Secretary of Defense, which shall include the
following:
(A) Biotechnology.
(B) Quantum science technology.
(C) Advanced materials.
(D) Artificial intelligence and machine learning.
(E) Microelectronics.
(F) Space technology.
(G) Advanced computing and software.
(H) Hypersonics.
(I) Integrated sensing and cybersecurity.
(J) Autonomous systems.
(K) Unmanned systems.
(L) Advanced sensing systems.
(M) Advanced communications systems.
SEC. 862. KEY ADVANCED SYSTEM DEVELOPMENT INDUSTRY DAYS.
(a) In General.--Not later than March 1, 2023, and every 180 days
thereafter, the each Secretary of a military department shall ensure that such
military department conducts an outreach event to--
(1) collaborate with the private sector on present current and
future opportunities with respect to key advanced system development
areas;
(2) raise awareness within the private sector of--
(A) key advanced system development areas; and
(B) capability needs and existing and potential requirements
related to the key advanced system development areas; and
(3) raise awareness within such military department of potential
material solutions for capability needs and existing and potential
requirements related to key advanced system development areas.
(b) Responsibilities.--
(1) Service chiefs.--For each event a military department conducts
under subsection (a), the Service Chief concerned shall, for each key
advanced system development area, perform the following:
(A) Identify related and potentially related existing,
planned, or potential military requirements, including urgent
and emergent operational needs.
(B) Identify and describe related and potentially related
needs or gaps in the capabilities of the military department to
carry out the missions of the military department, including
warfighting and combat support capabilities.
(C) Identify and describe related and potentially related
exercise, demonstration, or experimentation opportunities.
(2) Acquisition executives.--For each event a military department
conducts under subsection (a), the service acquisition executive of the
military department conducting the event shall, for each key advanced
system development area, perform the following:
(A) Identify and describe related and potentially related
existing, planned, or potential acquisition plans and
strategies.
(B) Identify and describe related and potentially related
existing, planned, or potential funding opportunities,
including--
(i) broad agency announcements;
(ii) requests for information;
(iii) funding opportunity announcements;
(iv) special program announcements;
(v) requests for proposals;
(vi) requests for quotes;
(vii) special notices;
(viii) transactions pursuant to sections 4004, 4021,
and 4022 of title 10, United States Code;
(ix) unsolicited proposals; and
(x) other funding opportunities as determined
appropriate by the service acquisition executive.
(3) Delegation.--Each Service Chief concerned and each service
acquisition executive may delegate the authority to carry out the tasks
for which such individuals are responsible under this subsection.
(4) Reviews and coordination.--
(A) Industry day reviews.--Promptly after an event conducted
by a military department under subsection (a), the service
acquisition executive of such military department shall--
(i) disseminate a written review of such event as
broadly as practicable within the Department of Defense;
and
(ii) make such review publicly available on a
website of the military department.
(B) Consolidation.--The Secretary of Defense and the
Chairman of the Joint Chiefs of Staff shall, periodically,
jointly review and consolidate the reviews required by
subparagraph (A) to identify trends, eliminate redundancy, and
enhance efficiency with respect to events conducted under
subsection (a).
(c) Form.--With respect to each event conducted under subsection (a), the
Secretary concerned shall seek to maximize industry and government
participation, while minimizing cost to the maximum extent practicable, by--
(1) holding the event at an unclassified security level to the
extent practicable;
(2) making the event publicly accessible through teleconference or
other virtual means; and
(3) making supporting materials for the event publicly available on
a website.
(d) Definitions.--In this section:
(1) Military departments; secretary concerned; service acquisition
executive.--The terms ``military departments'', ``Secretary concerned'',
and ``service acquisition executive'' have the meanings given such terms
in section 101(a) of title 10, United States Code.
(2) Key advanced system development area.--The term ``key advanced
system development area'' means the following:
(A) For the Department of the Navy--
(i) unmanned surface vessels;
(ii) unmanned underwater vessels;
(iii) unmanned deployable mobile ocean systems;
(iv) unmanned deployable fixed ocean systems; and
(v) autonomous unmanned aircraft systems.
(B) For the Department of the Air Force, autonomous unmanned
aircraft systems.
(C) For the Department of the Army, autonomous unmanned
aircraft systems.
(3) Service chief.--The term ``Service Chief concerned'' means--
(A) the Chief of Staff of the Army, with respect to matters
concerning the Department of the Army;
(B) the Chief of Naval Operations and the Commandant of the
Marine Corps, with respect to matters concerning the Department
of the Navy; and
(C) the Chief of Staff of the Air Force, with respect to
matters concerning the Department of the Air Force.
Subtitle F--Small Business Matters
SEC. 871. CODIFICATION OF SMALL BUSINESS ADMINISTRATION SCORECARD.
(a) In General.--Subsection (b) of section 868 of the National Defense
Authorization Act for Fiscal Year 2016 (15 U.S.C. 644 note) is transferred to
section 15 of the Small Business Act (15 U.S.C. 644), inserted after subsection
(x), redesignated as subsection (y), and amended--
(1) by striking paragraphs (1), (6), and (7);
(2) by redesignating paragraphs (2), (3), and (4) as paragraphs (1),
(2), and (3), respectively;
(3) by redesignating paragraph (8) as paragraph (6);
(4) in paragraph (1) (as so redesignated), by striking ``Beginning
in'' and all that follows through ``to evaluate'' and inserting ``The
Administrator shall use a scorecard to annually evaluate'';
(5) in paragraph (2) (as so redesignated)--
(A) by striking ``the Federal agency'' each place it appears
and inserting ``a Federal agency or the Federal Government, as
applicable,'';
(B) in the matter preceding subparagraph (A)--
(i) by striking ``developed under paragraph (1)'';
and
(ii) by inserting ``and Governmentwide'' after
``each Federal agency''; and
(C) in subparagraph (A), by striking ``section 15(g)(1)(B)
of the Small Business Act (15 U.S.C. 644(g)(1)(B))'' and
inserting ``subsection (g)(1)(B)'';
(6) in paragraph (3) (as so redesignated)--
(A) in subparagraph (A), by striking ``paragraph (3)(A)''
and inserting ``paragraph (2)(A)''; and
(B) in subparagraph (B), by striking ``paragraph (3)'' and
inserting ``paragraph (2)'';
(7) by inserting after paragraph (3) (as so redesignated) the
following new paragraph:
``(4) Additional requirements for scorecards.--The scorecard shall
include, for each Federal agency and Governmentwide, the following
information with respect to prime contracts:
``(A) The number (expressed as a percentage) and total
dollar amount of awards made to small business concerns owned
and controlled by women through sole source contracts and
competitions restricted to small business concerns owned and
controlled by women under section 8(m).
``(B) The number (expressed as a percentage) and total
dollar amount of awards made to small business concerns owned
and controlled by qualified HUBZone small business concerns
through sole source contracts and competitions restricted to
qualified HUBZone small business concerns under section
31(c)(2).
``(C) The number (expressed as a percentage) and total
dollar amount of awards made to small business concerns owned
and controlled by service-disabled veterans through sole source
contracts and competitions restricted to small business concerns
owned and controlled by service-disabled veterans under section
36.
``(D) The number (expressed as a percentage) and total
dollar amount of awards made to socially and economically
disadvantaged small business concerns under section 8(a) through
sole source contracts and competitions restricted to socially
and economically disadvantaged small business concerns,
disaggregated by awards made to such concerns that are owned and
controlled by individuals and awards made to such concerns that
are owned and controlled by an entity.'';
(8) in paragraph (5), by striking ``section 15(h)(2) of the Small
Business Act (15 U.S.C. 644(h)(2))'' and inserting ``subsection
(h)(2)''; and
(9) by amending paragraph (6) (as so redesignated) to read as
follows:
``(6) Scorecard defined.--In this subsection, the term `scorecard'
means any summary using a rating system to evaluate the efforts of a
Federal agency to meet goals established under subsection (g)(1)(B)
that--
``(A) includes the measures described in paragraph (2); and
``(B) assigns a score to each Federal agency evaluated.''.
(b) Conforming Amendment.--Section 15(x)(2) of the Small Business Act (15
U.S.C. 644(x)(2)) is amended by striking ``scorecard described in section 868(b)
of the National Defense Authorization Act for Fiscal Year 2016 (15 U.S.C. 644
note)'' and inserting ``scorecard (as defined in subsection (y))''.
SEC. 872. MODIFICATIONS TO THE SBIR AND STTR PROGRAMS.
(a) Correction to STTR Disclosure Requirements.--Section 9(g)(13)(D) of the
Small Business Act (15 U.S.C. 638(g)(13)(D)) is amended by striking ``of
concern''.
(b) Due Diligence Program.--
(1) In general.--Until the date on which the Under Secretary of
Defense for Research and Engineering makes the certification described
in paragraph (2), in carrying out the due diligence program required
under subsection (vv) of section 9 of the Small Business Act (15 U.S.C.
638), the Secretary of Defense and each Secretary of a military
department shall perform the assessments required under such due
diligence program--
(A) only with respect to small business concerns selected by
the applicable Secretary as the presumptive recipient of an
award described in such subsection (vv); and
(B) prior to notifying the small business concern that the
small business concern has been selected to receive such an
award.
(2) Full implementation.--On the date on which the Under Secretary
of Defense for Research and Engineering certifies to the Committees on
Armed Services of the Senate and the House of Representatives that an
automated capability for performing the assessments required under the
due diligence program required under subsection (vv) of section 9 of the
Small Business Act (15 U.S.C. 638) with respect to all small business
concerns seeking an award described in such subsection is operational,
paragraph (1) of this subsection shall sunset.
SEC. 873. ACCESS TO DATA ON BUNDLED OR CONSOLIDATED CONTRACTS.
(a) In General.--Section 15(p) of the Small Business Act (15 U.S.C. 644(p))
is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Bundled or consolidated contract defined.--In this subsection,
the term `bundled or consolidated contract' has the meaning given in
subsection (s).'';
(2) in paragraph (4)--
(A) in the paragraph heading, by striking ``contract
bundling'' and inserting ``bundled or consolidated contracts'';
(B) in subparagraph (A), by striking ``contract bundling''
and inserting ``bundled or consolidated contracts'';
(C) in subparagraph (B)--
(i) in clause (i), by striking ``bundled contracts''
and inserting ``bundled or consolidated contracts''; and
(ii) in clause (ii)--
(I) in the matter preceding subclause (I),
by striking ``bundled contracts'' and inserting
``bundled or consolidated contracts'';
(II) in subclause (I), by striking ``were
bundled'' and inserting ``were included in
bundled or consolidated contracts''; and
(III) in subclause (II)--
(aa) in the matter preceding item
(aa), by striking ``bundled contract''
and inserting ``bundled or consolidated
contract'';
(bb) in items (aa), (dd), and (ee)
by inserting ``or the consolidation of
contract requirements (as applicable)''
after ``bundling of contract
requirements'' each place it appears;
(cc) in item (bb), by striking
``bundling the contract requirements''
and inserting ``the bundling of contract
requirements or the consolidation of
contract requirements (as applicable)'';
(dd) in item (cc), by striking ``the
bundled status of contract
requirements'' and inserting ``contract
requirements in a bundled or
consolidated contract''; and
(ee) in item (ee), by striking
``consolidated requirements'' and
inserting ``contract''; and
(3) in paragraph (5)(B), by striking ``provide, upon request'' and
all that follows through the period at the end and inserting the
following: ``provide to the Administrator data and information described
in paragraphs (2) and (4).''.
(b) Technical Amendment.--Section 15(p)(2) of the Small Business Act (15
U.S.C. 644(p)) is amended--
(1) by striking ``Database'' in the paragraph heading and all that
follows through ``Not later'' and inserting ``Database.--Not later'';
and
(2) by redesignating clauses (i) and (ii) as subparagraphs (A) and
(B), respectively.
SEC. 874. SMALL BUSINESS INTEGRATION WORKING GROUP.
(a) In General.--Not later than 60 days after the enactment of this Act, the
Secretary of Defense shall issue a charter to establish a small business
integration working group that--
(1) ensures the integration and synchronization of the activities of
the military departments and other components of the Department of
Defense with respect to small business concerns; and
(2) convenes not fewer than four times per year.
(b) Membership.--The small business integration working group chartered
under subsection (a) shall be comprised of representatives from each of the
following organizations:
(1) The small business office of each military department.
(2) The Small Business Innovation Research Program and the Small
Business Technology Transfer Program (as such terms are defined in
section 9(e) of the Small Business Act (15 U.S.C. 638(e))) of each
military department.
(3) The office of the Under Secretary of Defense for Acquisition and
Sustainment.
(4) The office of the Under Secretary of Defense for Research and
Engineering.
(5) Any other office the Secretary of Defense determines
appropriate.
(c) Briefing Required.--Not later than March 1, 2023, the Secretary of
Defense shall brief the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives on the establishment
and activities of the small business integration working group chartered under
subsection (a), the policies enacted by the small business integration working
group to allow for the sharing of best practices for maximizing the
contributions of small business concerns in the defense industrial base and in
acquisitions by the Department of Defense, and practices for conducting
oversight of the activities of the military departments and other components of
the Department of Defense with respect to small business concerns.
(d) Definitions.--In this section:
(1) Military department.--The term ``military department'' has the
meaning given such term in section 101(a) of title 10, United States
Code.
(2) Small business concern.--The term ``small business concern'' has
the meaning given such term under section 3 of the Small Business Act
(15 U.S.C. 632).
SEC. 875. DEMONSTRATION OF COMMERCIAL DUE DILIGENCE FOR SMALL BUSINESS PROGRAMS.
(a) Demonstration Required.--Not later than December 31, 2027, the Secretary
of Defense shall establish a program to carry out a demonstration of commercial
due diligence tools, techniques, and processes in order to support small
businesses in identifying attempts by malicious foreign actors to gain undue
access to, or foreign ownership, control, or influence over--
(1) the small business; or
(2) any technology a small business is developing pursuant to a
contract or other agreement with the Department of Defense.
(b) Elements.--The program required under subsection (a) shall include the
following:
(1) The identification of one or more entities to be responsible for
the commercial due diligence tools, techniques, and processes that are
part of a demonstration under the program and a description of the
interactions required between such entity, small businesses, and the
government agencies that enforce such tools, techniques, and processes.
(2) An assessment of commercial due diligence tools, techniques, and
processes already in use by each Office of Small Business Programs.
(3) The development of methods to analyze the commercial due
diligence tools, techniques, and processes that are part of a
demonstration under the program to--
(A) monitor and assess attempts described in subsection (a);
(B) provide information on such attempts to applicable small
businesses; and
(C) allow small businesses that are subject to such attempts
to provide information about such attempts to the Secretary of
Defense.
(4) The development of training and resources for small businesses
that can be shared directly with such businesses or through a
procurement technical assistance program established under chapter 388
of title 10, United States Code.
(5) The implementation of performance measures to assess the
effectiveness of such program.
(c) Briefing Required.--Not later than April 1, 2023, the Secretary of
Defense shall provide to the congressional defense committees an interim
briefing on the program required under subsection (a) that includes the
following:
(1) An identification of any entity described in subsection (b)(1).
(2) A description of the methodology for executing any
demonstrations under the program, including any analytical tools or
metrics identified to support such a demonstration.
(3) A description of any identified instances of attempts described
in subsection (a).
(4) An identification of improvements or gaps in resources,
capabilities, or authorities, and other lessons learned from any
demonstrations under the program.
(d) Assessment.--Not later than March 1, 2028, the Secretary shall submit to
the congressional defense committees a report on the program required under
subsection (a), including any identified instances of attempts described in such
subsection, any lessons learned, and any recommendations for legislative action
related to such program.
(e) Definitions.--In this section:
(1) The term ``foreign ownership, control, or influence'' has the
meaning given in section 847 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1505; 10 U.S.C. 4819
note).
(2) The term ``Office of Small Business Programs'' means--
(A) the Office of Small Business Programs of the Department
of Defense established under section 144 of title 10, United
States Code;
(B) the Office of Small Business Programs of the Department
of the Army established under section 7024 of such title;
(C) the Office of Small Business Programs of the Department
of the Navy established under section 8028 of such title; and
(D) the Office of Small Business Programs of the Department
of the Air Force established under section 9024 of such title.
SEC. 876. DEVELOPMENT AND ASSESSMENT OF MISSION EFFECTIVENESS METRICS.
(a) In General.--The Secretary of Defense, in coordination with the service
acquisition executives (as defined in section 101(a) of title 10, United States
Code), shall conduct a study on the metrics necessary to assess the
effectiveness of the SBIR and STTR programs of the Department of Defense in
meeting the mission needs of the Department, including by developing metrics and
collecting and assessing longitudinal data necessary for evaluation of those
metrics.
(b) Elements.--The study required under subsection (a) shall include the
following:
(1) An assessment of the measurable ways in which the SBIR and STTR
programs of the Department of Defense support the mission needs of the
Department.
(2) The development of recurring, quantifiable metrics for measuring
the ability of the SBIR and STTR programs of the Department to deliver
products and services that meet the mission needs of the Department.
(3) An evaluation of currently available data to support the
assessment of the metrics described in paragraph (2), including the
identification of areas where gaps in the availability of such data
exist that may require collecting new data or modifying existing data.
(4) The identification of current means and methods available to the
Department for collecting data in an automated fashion, including the
identification of areas where gaps in the automated collection of data
exist that may require new means for collecting or visualizing data.
(5) The development of an analysis and assessment methodology
framework to make tradeoffs between the metrics described in paragraph
(2) and existing commercialization benchmarks of the Department to
enhance the decision-making of the Department regarding the benefits of
the SBIR and STTR programs of the Department.
(c) Briefings.--
(1) Interim briefing.--Not later than six months after the enactment
of this Act, the Secretary of Defense shall provide to the Committees on
Armed Services of the Senate and House of Representatives a briefing on
the development of the metrics described in subsection (a) for the study
required under such subsection.
(2) Final briefing.--Not later than one year after the enactment of
this Act, the Secretary of Defense shall provide to the Committees on
Armed Services of the Senate and House of Representatives a briefing on
the results of the study required under subsection (a).
Subtitle G--Other Matters
SEC. 881. TECHNICAL CORRECTION TO EFFECTIVE DATE OF THE TRANSFER OF CERTAIN
TITLE 10 ACQUISITION PROVISIONS.
(a) In General.--The amendments made by section 1701(e) and paragraphs (1)
and (2) of section 802(b) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81) shall be deemed to have taken effect immediately
before the amendments made by section 1881 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134
Stat. 4293).
(b) Treatment of Section 4027 Requirements.--An individual or entity to
which the requirements under section 4027 of title 10, United States Code, were
applicable during the period beginning on January 1, 2022, and ending on the
date of the enactment of this Act pursuant to subsection (a) shall be deemed to
have complied with such requirements during such period.
SEC. 882. SECURITY CLEARANCE BRIDGE PILOT PROGRAM.
(a) In General.--The Secretary of Defense, in consultation with the Director
of National Intelligence, shall conduct a pilot program to allow the Defense
Counterintelligence and Security Agency to sponsor the personal security
clearances of the employees of innovative technology companies that are
performing a contract of the Department of Defense while the Government
completes the adjudication of the facility clearance application of such a
innovative technology company.
(b) Additional Requirements.--
(1) Personal security clearance authority.--
(A) In general.--Under the pilot program, the Defense
Counterintelligence and Security Agency may nominate and sponsor
the personal security clearances of the employees of an
innovative technology company.
(B) Limitation.--Under the pilot program, the Defense
Counterintelligence and Security Agency may sponsor the personal
security clearances of employees of not more than 75 innovative
technology companies.
(2) Adjudication of the facility clearance application.--Any
adjudication of a facility clearance application of an innovative
technology company described in subsection (a) shall include an
assessment and mitigation of foreign ownership, control, or influence of
the innovative technology company, as applicable.
(c) Clearance Transfer.--
(1) In general.--Not later than 30 days after an innovative
technology company is granted facility clearance, the Defense
Counterintelligence and Security Agency shall transfer any personal
clearances of employees of the innovative technology company held by the
Defense Counterintelligence and Security Agency under the pilot program
back to the innovative technology company.
(2) Denial of facility clearance.--Not later than 10 days after an
innovative technology company is denied facility clearance, the Defense
Counterintelligence and Security Agency shall release any personal
clearances of employees of the innovative technology company held by the
Defense Counterintelligence and Security Agency under the pilot program.
(d) Participant Selection.--The Under Secretary of Defense for Research and
Engineering, in consultation with the Under Secretary of Defense for Acquisition
and Sustainment and the service acquisition executive of the military department
concerned (as such terms are defined, respectively, in section 101 of title 10,
United States Code), shall select innovative technology companies to participate
in the pilot program.
(e) Sunset.--The pilot program shall terminate on December 31, 2028.
(f) Definitions.--In this section:
(1) Facility clearance.--The term ``facility clearance'' has the
meaning given the term ``Facility Clearance'' in section 95.5 of title
10, Code of Federal Regulations, or any successor regulation.
(2) Foreign ownership, control, or influence.--The term ``foreign
ownership, control, or influence'' has the meaning given in section 847
of the National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1505; 10 U.S.C. 4819 note).
(3) Innovative technology company.--The term ``innovative technology
company'' means a nontraditional defense contractor (as defined in
section 3014 of title 10, United States Code) that--
(A) provides goods or services related to--
(i) one or more of the 14 critical technology areas
described in the memorandum by the Under Secretary of
Defense for Research and Engineering issued on February
1, 2022, entitled ``USD(R&E) Technology Vision for an
Era of Competition''; or
(ii) information technology, software, or hardware
that is unavailable from any other entity that possesses
a facility clearance; and
(B) is selected by the Under Secretary of Defense for
Research and Engineering under subsection (d) to participate in
the pilot program.
(4) Personal security clearance.--The term ``personal security
clearance'' means the security clearance of an individual who has
received approval from the Department of Defense to access classified
information.
(5) Pilot program.--The term ``pilot program'' means the pilot
program established under subsection (a).
SEC. 883. EXISTING AGREEMENT LIMITS FOR OPERATION WARP SPEED.
The value of any modification to, or order made under, a contract or other
agreement by the Department of Defense on or after March 1, 2020, to address the
COVID-19 pandemic through vaccines and other therapeutic measures shall not be
counted toward any limit established prior to March 1, 2020, on the total
estimated amount of all projects to be issued under the contract or other
agreement (except that the value of such modification or order shall count
toward meeting any guaranteed minimum value under the contract or other
agreement).
SEC. 884. INCORPORATION OF CONTROLLED UNCLASSIFIED INFORMATION GUIDANCE INTO
PROGRAM CLASSIFICATION GUIDES AND PROGRAM PROTECTION PLANS.
(a) Updates Required.--
(1) In general.--The Secretary of Defense shall, acting through the
Under Secretary of Defense for Intelligence and Security and the Under
Secretary of Defense for Research and Engineering, ensure that all
program classification guides (for classified programs) and all program
protection plans (for unclassified programs) include guidance for the
proper marking for controlled unclassified information at their next
regularly scheduled update.
(2) Elements.--Guidance under paragraph (1) shall include the
following:
(A) A requirement to use document portion markings for
controlled unclassified information.
(B) A process to ensure controlled unclassified information
document portion markings are used properly and consistently.
(b) Monitoring of Progress.--In tracking the progress in carrying out
subsection (a), the Under Secretary of Defense for Intelligence and Security and
the Under Secretary of Defense for Research and Engineering shall implement a
process for monitoring progress that includes the following:
(1) Tracking of all program classification guides and program
protection plans so they include document portion marking for controlled
unclassified information, and the dates when controlled unclassified
information guidance updates are completed.
(2) Updated training in order to ensure that all government and
contractor personnel using the guides described in subsection (a)(1)
receive instruction, as well as periodic spot checks, to ensure that
training is sufficient and properly implemented to ensure consistent
application of document portion marking guidance.
(3) A process for feedback to ensure that any identified gaps or
lessons learned are incorporated into guidance and training
instructions.
(c) Required Completion.--The Secretary shall ensure that the updates
required by subsection (a) are completed before January 1, 2029.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Increase in authorized number of Assistant and Deputy
Assistant Secretaries of Defense.
Sec. 902. Conforming amendments relating to repeal of position of Chief
Management Officer.
Sec. 903. Limitation on use of funds pending demonstration of product
to identify, task, and manage congressional
reporting requirements.
Sec. 904. Limitation on use of funds pending compliance with
requirements relating to alignment of Close
Combat Lethality Task Force.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911. Updates to management reform framework.
Sec. 912. Briefing on changes to Unified Command Plan.
Sec. 913. Clarification of peacetime functions of the Navy.
Sec. 914. Responsibilities and functions relating to electromagnetic
spectrum operations.
Sec. 915. Joint all domain command and control.
Sec. 916. Strategic management dashboard demonstration.
Sec. 917. Demonstration program for component content management
systems.
Sec. 918. Report on potential transition of all members of the Space
Force into a single component.
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. INCREASE IN AUTHORIZED NUMBER OF ASSISTANT AND DEPUTY ASSISTANT
SECRETARIES OF DEFENSE.
(a) Assistant Secretary of Defense for Cyber Policy.--Section 138(b) of
title 10, United States Code, is amended by adding at the end the following new
paragraph:
``(8) One of the Assistant Secretaries is the Assistant Secretary of Defense
for Cyber Policy. The principal duty of the Assistant Secretary shall be the
overall supervision of policy of the Department of Defense for cyber. The
Assistant Secretary is the Principal Cyber Advisor described in section 392a(a)
of this title.''.
(b) Increase in Authorized Number of Assistant Secretaries of Defense.--
(1) Increase.--Section 138(a)(1) of title 10, United States Code, is
amended by striking ``15'' and inserting ``19''.
(2) Conforming amendment.--Section 5315 of title 5, United States
Code, is amended by striking ``Assistant Secretaries of Defense (14).''
and inserting ``Assistant Secretaries of Defense (19).''.
(c) Increase in Authorized Number of Deputy Assistant Secretaries of
Defense.--
(1) Increase.--Section 138 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(e) The number of Deputy Assistant Secretaries of Defense may not exceed
60.''.
(2) Conforming repeal.--Section 908 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1514; 10 U.S.C. 138 note) is repealed.
(d) Additional Amendments.--Section 138(b) of title 10, United States Code,
is amended--
(1) in paragraph (2)(A)--
(A) in the second sentence in the matter preceding clause
(i), by striking ``He shall have as his principal duty'' and
inserting ``The principal duty of the Assistant Secretary shall
be''; and
(B) in clause (ii), by striking subclause (III);
(2) in paragraph (3), in the second sentence, by striking ``He shall
have as his principal duty'' and inserting ``The principal duty of the
Assistant Secretary shall be'';
(3) in paragraph (4)--
(A) in subparagraph (A), by striking the semicolon and
inserting ``; and'';
(B) in subparagraph (B), by striking ``; and'' inserting a
period; and
(C) by striking subparagraph (C); and
(4) in paragraph (6), by striking ``shall--'' and all that follows
and inserting ``shall advise the Under Secretary of Defense for
Acquisition and Sustainment on industrial base policies.''.
(e) Evaluation and Review.--Section 1504 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 2022) is
amended--
(1) in subsection (a), by striking ``Not later than 180 days after
the date of the enactment of this Act'' and inserting ``Not later than
April 1, 2023''; and
(2) in subsection (b)--
(A) in paragraph (13), by striking ``and'' at the end;
(B) by redesignating paragraph (14) as paragraph (17); and
(C) by inserting after paragraph (13) the following new
paragraphs:
``(14) assess the need to retain or modify the relationships,
authorities, roles, and responsibilities of the Principal Cyber Advisor
described in section 392a(a) of title 10, United States Code;
``(15) assess the organizational construct of the Department of
Defense and how authorities, roles, and responsibilities for matters
relating to cyber activities are distributed among the Under
Secretaries, Assistant Secretaries, and Deputy Assistant Secretaries of
Defense and among civilian officials within the military departments
with roles and responsibilities relating to cyber activities;
``(16) make recommendations for changes to statutes affecting the
organizational construct of the Department of Defense to improve the
oversight, management, and coordination of--
``(A) policies, programs, and strategies relating to cyber
activities;
``(B) the execution of the authorities of the United States
Cyber Command; and
``(C) other matters relating to cyber activities; and''.
SEC. 902. CONFORMING AMENDMENTS RELATING TO REPEAL OF POSITION OF CHIEF
MANAGEMENT OFFICER.
Section 2222 of title 10, United States Code, is amended--
(1) in subsection (c)(2), by striking ``the Chief Management Officer
of the Department of Defense, the Under Secretary of Defense for
Acquisition and Sustainment, the Chief Information Officer, and the
Chief Management Officer'' and inserting ``the Chief Information Officer
of the Department of Defense, the Under Secretary of Defense for
Acquisition and Sustainment, and the Chief Information Officer'';
(2) in subsection (e)--
(A) in paragraph (1), by striking ``the Chief Management
Officer'' and inserting ``the Chief Information Officer''; and
(B) in paragraph (6)--
(i) in subparagraph (A), in the matter preceding
clause (i)--
(I) in the first sentence, by striking ``The
Chief Management Officer of the Department of
Defense'' and inserting ``The Chief Information
Officer of the Department of Defense, in
coordination with the Chief Data and Artificial
Intelligence Officer,''; and
(II) in the second sentence, by striking
``the Chief Management Officer shall'' and
inserting ``the Chief Information Officer
shall''; and
(ii) in subparagraph (B), in the matter preceding
clause (i), by striking ``The Chief Management Officer''
and inserting ``The Chief Information Officer'';
(3) in subsection (f)--
(A) in paragraph (1), in the second sentence, by striking
``the Chief Management Officer and''; and
(B) in paragraph (2)--
(i) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively;
(ii) by inserting before subparagraph (B), as
redesignated by clause (i), the following new
subparagraph (A):
``(A) The Chief Information Officers of the military
departments, or their designees.''; and
(iii) in subparagraph (C), as so redesignated, by
adding at the end the following new clause:
``(iv) The Chief Data and Artificial Intelligence
Officer of the Department of Defense.'';
(4) in subsection (g)(2), by striking ``the Chief Management
Officer'' each place it appears and inserting ``the Chief Information
Officer''; and
(5) in subsection (i)(5)(B), by striking ``the Chief Management
Officer'' and inserting ``the Chief Information Officer''.
SEC. 903. LIMITATION ON USE OF FUNDS PENDING DEMONSTRATION OF PRODUCT TO
IDENTIFY, TASK, AND MANAGE CONGRESSIONAL REPORTING REQUIREMENTS.
Of the funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2023 for operation and maintenance, Defense-wide, for
the Office of the Secretary of Defense, not more than 90 percent may be
obligated or expended until the Secretary of Defense demonstrates a minimum
viable product--
(1) to optimize and modernize the process described in section
908(a) of the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 111 note) for
identifying reports to Congress required by annual national defense
authorization Acts, assigning responsibility for preparation of such
reports, and managing the completion and delivery of such reports to
Congress; and
(2) that includes capabilities to enable--
(A) direct access by the congressional defense committees to
the follow-on system to that process using secure credentials;
(B) rapid automatic ingestion of data provided by those
committees with respect to reports and briefings required to be
submitted to Congress in a comma-separated value spreadsheet;
(C) sortable and exportable database views for tracking and
research purposes;
(D) automated notification of relevant congressional staff
and archival systems; and
(E) integration with Microsoft Office.
SEC. 904. LIMITATION ON USE OF FUNDS PENDING COMPLIANCE WITH REQUIREMENTS
RELATING TO ALIGNMENT OF CLOSE COMBAT LETHALITY TASK FORCE.
Of the funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2023 for operation and maintenance, Defense-wide, for
the Office of the Secretary of Defense, not more than 75 percent may be
obligated or expended until the Department of Defense complies with the
requirements of section 911 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1878) (relating to alignment of the
Close Combat Lethality Task Force).
Subtitle B--Other Department of Defense Organization and Management Matters
SEC. 911. UPDATES TO MANAGEMENT REFORM FRAMEWORK.
Section 125a of title 10, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``2022'' and inserting
``2023''; and
(B) in paragraph (3), by inserting ``the Director for
Administration and Management of the Department of Defense,''
after ``the Chief Information Officer of the Department of
Defense,''; and
(2) in subsection (d)--
(A) by redesignating paragraph (6) as paragraph (9); and
(B) by inserting after paragraph (5) the following new
paragraphs:
``(6) Development and implementation of a uniform methodology for
tracking and assessing cost savings and cost avoidance from reform
initiatives.
``(7) Implementation of reform-focused research to improve
management and administrative science.
``(8) Tracking and implementation of technological approaches to
improve management decision-making, such as artificial intelligence
tools.''.
SEC. 912. BRIEFING ON CHANGES TO UNIFIED COMMAND PLAN.
Paragraph (2) of section 161(b) of title 10, United States Code, is amended
to read as follows:
``(2) Except during time of hostilities or imminent threat of hostilities,
the President shall--
``(A) not more than 60 days after establishing a new combatant
command--
``(i) notify Congress of the establishment of such command;
and
``(ii) provide to Congress a briefing on the establishment
of such command; and
``(B) not more than 60 days after significantly revising the
missions, responsibilities, or force structure of an existing combatant
command--
``(i) notify Congress of such revisions; and
``(ii) provide to Congress a briefing on such revisions.''.
SEC. 913. CLARIFICATION OF PEACETIME FUNCTIONS OF THE NAVY.
Section 8062(a) of title 10, United States Code, is amended--
(1) in the second sentence, by striking ``primarily'' and inserting
``for the peacetime promotion of the national security interests and
prosperity of the United States and''; and
(2) in the third sentence, by striking ``for the effective
prosecution of war'' and inserting ``for the duties described in the
preceding sentence''.
SEC. 914. RESPONSIBILITIES AND FUNCTIONS RELATING TO ELECTROMAGNETIC SPECTRUM
OPERATIONS.
Section 1053(g) of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 113 note) is amended--
(1) in the subsection heading, by striking ``Transfer of
Responsibilities and Functions Relating to Electromagnetic Spectrum
Operations'' and inserting ``Report on Appropriate Alignment of
Responsibilities and Functions Relating to Electromagnetic Spectrum
Operations; Evaluations'';
(2) by striking paragraphs (1), (2), and (5);
(3) by inserting the following new paragraph (1):
``(1) Report required.--
``(A) In general.--Not later than March 31, 2023, the
Secretary of Defense shall submit to the congressional defense
committees a report on the appropriate alignment of
electromagnetic spectrum operations responsibilities and
functions.
``(B) Considerations.--In developing the report required by
subparagraph (A), the Secretary of Defense shall consider the
following:
``(i) The appropriate role of each existing
organization and element of the Department of Defense
with responsibilities or functions relating to
electromagnetic spectrum operations and the potential
establishment of a new entity dedicated electromagnetic
spectrum operations within one or more of those
organizations or elements.
``(ii) Whether the organizational structure
responsible for electromagnetic spectrum operations
within the Department--
``(I) should be a unitary structure, in
which a single organization or element is
primarily responsible for all aspects of such
operations; or
``(II) a hybrid structure, in which separate
organizations or elements are responsible for
different aspects of electromagnetic spectrum
operations.
``(iii) The resources required to fulfill the
specified responsibilities and functions.''; and
(4) by redesignating paragraphs (3) and (4) as paragraphs (2) and
(3), respectively.
SEC. 915. JOINT ALL DOMAIN COMMAND AND CONTROL.
(a) Direction and Control of Joint All Domain Command and Control.--The
Deputy Secretary of Defense, in coordination with the Vice Chairman of the Joint
Chiefs of Staff, shall oversee joint all domain command and control (commonly
known as ``JADC2'') to ensure--
(1) close collaboration with the Joint Requirements Oversight
Council, the combatant commands, and the military services regarding
operational requirements and requirements satisfaction relating to joint
all domain command and control; and
(2) objective assessments to the Deputy Secretary and Vice Chairman
about the progress of the Department of Defense in achieving the
objectives of joint all domain command and control.
(b) Demonstrations and Fielding of Mission Threads.--
(1) In general.--The Deputy Secretary and Vice Chairman shall take
the following actions in support of the objectives described in
paragraph (2):
(A) In consultation with the Commander of the United States
Indo-Pacific Command and the commanders of such other combatant
commands as may be designated by the Deputy Secretary--
(i) identify a prioritized list of difficult
mission-critical operational challenges specific to the
area of operations of the designated commands;
(ii) design and recommend resourcing options,
through the Office of Cost Analysis and Program
Evaluation and the Management Action Group of the Deputy
Secretary, a series of multi-domain, multi-service and
multi-agency, multi-platform, and multisystem end-to-end
integrated kinetic and non-kinetic mission threads,
including necessary battle management functions, to
solve the operational challenges identified in clause
(i);
(iii) demonstrate the ability to execute the
integrated mission threads identified in clause (ii) in
realistic conditions on a repeatable basis, including
the ability to achieve, through mission integration
software, interoperability among effects chain
components that do not conform to common interface
standards, including the use of the System of Systems
Technology Integration Tool Chain for Heterogeneous
Electronic Systems (commonly known as ``STITCHES'')
managed by the 350th Spectrum Warfare Wing of the
Department of the Air Force; and
(iv) create a plan to deploy the mission threads to
the area of operations of the United States Indo-Pacific
Command and such other combatant commands as may be
designated by Deputy Secretary, and execute the mission
threads at the scale and pace required to solve the
identified operational challenges, including necessary
logistics and sustainment capabilities.
(B) Designate organizations to serve as transition partners
for integrated mission threads and ensure such integrated
mission threads are maintained and exercised as operational
capabilities in the United States Indo-Pacific Command and such
other combatant commands as may be designated by Deputy
Secretary.
(C) Designate organizations and elements of the Department
of Defense as the Deputy Secretary determines appropriate to be
responsible for--
(i) serving as mission managers for composing and
demonstrating the integrated mission threads under the
mission management pilot program established by section
871 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 10 U.S.C. 191 note);
(ii) providing continuing support and sustainment
for, and training and exercising of, the integrated
mission threads under the operational command of the
Commander of United States Indo-Pacific Command and such
other combatant commands as may be designated by Deputy
Secretary;
(iii) planning and executing experimentation and
demonstrations with--
(I) Joint data integration approaches;
(II) mission integration capabilities,
especially software; and
(III) Joint tactics, techniques, and
procedures;
(iv) assisting in fielding mission integration
software to encourage the development and employment of
such software on a larger scale, especially at the
designated combatant commands;
(v) assessing and integrating, as appropriate, the
capabilities of Assault Breaker II, developed by the
Defense Advanced Research Projects Agency, and related
developmental efforts as those efforts transition to
operational deployment; and
(vi) integrating joint all domain command and
control mission threads and mission command and control,
including in conflicts that arise with minimal warning,
and exercising other joint all domain command and
control capabilities and functions.
(D) Integrate the planning and demonstrations of the mission
threads with--
(i) the Production, Exploitation, and Dissemination
Center in the United States Indo-Pacific Command;
(ii) the Family of Integrated Targeting Cells; and
(iii) the tactical dissemination and information
sharing systems for the Armed Forces and allies of the
United States, including the Mission Partner Environment
and the Maven Smart System.
(2) Objectives described.--The objectives described in this
paragraph are the following--
(A) to support the emphasis of the National Defense Strategy
on adversary-specific deterrence postures;
(B) to support actions that can be taken within the period
covered by the future-years defense program focused on--
(i) critical mission threads, such as kinetic kill
chains and non-kinetic effects chains; and
(ii) integrated concepts of operation;
(C) to support demonstrations and experimentation; and
(D) to achieve the objectives of the Joint All Domain
Command and Control Strategy and Implementation Plan approved by
the Deputy Secretary of Defense.
(c) Performance Goals.--The Deputy Secretary, the Vice Chairman, and the
commanders of such other combatant commands as may be designated by the Deputy
Secretary shall seek to--
(1) beginning in the third quarter of fiscal year 2023, demonstrate
new integrated mission threads on a regularly recurring basis multiple
times each year; and
(2) include such demonstrations, as feasible, in the Rapid Defense
Experimentation Reserve campaign of experimentation, Valiant Shield,
Northern Edge, the Large Scale Global Exercise, the quarterly Scarlet
Dragon exercises, the Global Information Dominance Experiments, and
annual force exercises in the area of responsibility of the United
States Indo-Pacific Command.
(d) Definitions.--In this section:
(1) The term ``Deputy Secretary'' means the Deputy Secretary of
Defense.
(2) The term ``Family of Integrated Targeting Cells'' means the
Maritime Targeting Cell-Afloat, the Maritime Targeting Cell-
Expeditionary, the Tactical Intelligence Targeting Access Node, Tactical
Operations Center Medium/Light, and other interoperable command and
control nodes that are able to task the collection of, receive, process,
and disseminate track and targeting information from many sensing
systems in disconnected, denied, intermittent or limited bandwidth
conditions.
(3) The term ``joint all domain command and control'' refers to the
warfighting capabilities that support commander decision making at all
echelons from campaigning to conflict, across all domains, and with
partners, to deliver information advantage.
(4) The term ``mission command'' is the employment of military
operations through decentralized execution based upon mission-type
orders and the intent of commanders.
(5) The terms ``mission thread'', ``kill chain'', and ``effects
chain'' have the meanings given those terms in the publication of the
Office of the Under Secretary of Defense for Research and Engineering
titled ``Mission Engineering Guide'' and dated November 2020.
(6) The term ``Vice Chairman'' means the Vice Chairman of the Joint
Chiefs of Staff.
SEC. 916. STRATEGIC MANAGEMENT DASHBOARD DEMONSTRATION.
(a) In General.--Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall conduct a demonstration of a strategic
management dashboard to automate the data collection and data visualization of
the primary management goals of the Department of Defense.
(b) Elements.--The Secretary of Defense shall ensure that the strategic
management dashboard demonstrated under subsection (a) includes the following:
(1) The capability for real-time monitoring of the performance of
the Department of Defense in meeting the management goals of the
Department.
(2) An integrated analytics capability, including the ability to
dynamically add or upgrade new capabilities when needed.
(3) Integration with the framework required by subsection (c) of
section 125a of title 10, United States Code, for measuring the progress
of the Department toward covered elements of reform (as defined in
subsection (d) of that section).
(4) Incorporation of the elements of the strategic management plan
required by section 904(d) of the National Defense Authorization Act of
Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. note prec. 2201), as
derived from automated data feeds from existing information systems and
databases.
(5) Incorporation of the elements of the most recent annual
performance plan of the Department required by section 1115(b) of title
31, United States Code, and the most recent update on performance of the
Department required by section 1116 of that title.
(6) Use of artificial intelligence and machine learning tools to
improve decision making and assessment relating to data analytics.
(7) Adoption of leading and lagging indicators for key strategic
management goals.
(c) Authorities.--
(1) In general.--In conducting the demonstration required by
subsection (a), the Secretary of Defense may use the authorities
described in paragraph (2), and such other authorities as the Secretary
considers appropriate--
(A) to help accelerate the development of innovative
technological or process approaches; and
(B) to attract new entrants to solve the data management and
visualization challenges of the Department.
(2) Authorities described.--The authorities described in this
paragraph are the authorities provided under the following provisions of
law:
(A) Section 4025 of title 10, United States Code (relating
to prizes for advanced technology achievements).
(B) Section 217 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2222 note)
(relating to science and technology activities to support
business systems information technology acquisition programs).
(C) Section 908 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 129a note)
(relating to management innovation activities).
(d) Use of Best Practices.--In conducting the demonstration required by
subsection (a), the Secretary of Defense shall leverage commercial best
practices in management and leading research in management and data science.
(e) Strategic Management Dashboard Defined.--In this section, the term
``strategic management dashboard'' means a system for dynamically displaying
management metrics, performance goals, and other information necessary for
Department of Defense leadership to make strategic decisions related to the
management of the Department using modern, commercial practices for data
visualization and drawn from existing automated information systems available to
the Department.
SEC. 917. DEMONSTRATION PROGRAM FOR COMPONENT CONTENT MANAGEMENT SYSTEMS.
(a) In General.--Not later than July 1, 2023, the Chief Information Officer
of the Department of Defense, in coordination with the official designated under
section 238(b) of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. note prec. 4061), shall complete
a pilot program to demonstrate the application of component content management
systems to a distinct set of data of the Department.
(b) Selection of Data Set.--In selecting a distinct set of data of the
Department for purposes of the pilot program required by subsection (a), the
Chief Information Officer shall consult with, at a minimum, the following:
(1) The Office of the Secretary of Defense, with respect to
directives, instructions, and other regulatory documents of the
Department.
(2) The Office of the Secretary of Defense and the Joint Staff, with
respect to execution orders.
(3) The Office of the Under Secretary of Defense for Research and
Engineering and the military departments, with respect to technical
manuals.
(4) The Office of the Under Secretary of Defense for Acquisition and
Sustainment, with respect to Contract Data Requirements List documents.
(c) Authority to Enter Into Contracts.--Subject to the availability of
appropriations, the Secretary of Defense may enter into contracts or other
agreements with public or private entities to conduct studies and demonstration
projects under the pilot program required by subsection (a).
(c) Briefing Required.--Not later than 60 days after the date of the
enactment of this Act, the Chief Information Officer shall provide to the
congressional defense committees a briefing on plans to implement the pilot
program required by subsection (a).
(d) Component Content Management System Defined.--In this section, the term
``component content management system'' means any content management system that
enables the management of content at a component level instead of at the
document level.
SEC. 918. REPORT ON POTENTIAL TRANSITION OF ALL MEMBERS OF THE SPACE FORCE INTO
A SINGLE COMPONENT.
(a) Report Required.--Not later than March 1, 2023, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the House of
Representatives a report on the proposal of the Air Force to transition the
Space Force into a single component (in this section referred to as the Space
Component)--
(1) that consists of all members of the Space Force, without regard
to whether such a member is, under laws in effect at the time of the
report, in the active or reserve component of the Space Force; and
(2) in which such members may transfer between duty statuses more
freely than would otherwise be allowed under the laws in effect at the
time of the report.
(b) Elements.--The report required under subsection (a) shall include the
following:
(1) A plan that describes any rules, regulations, policies,
guidance, and statutory provisions that may be implemented to govern--
(A) the ability of a member of the Space Component to
transfer between duty statuses, the number of members authorized
to make such transfers, and the timing of such transfers;
(B) the retirement of members of the Space Component,
including the determination of a member's eligibility for
retirement and the calculation of the retirement benefits
(including benefits under laws administered by the Secretary of
Veterans Affairs) to which the member would be entitled based on
a career consisting of service in duty statuses of the Space
Component; and
(C) the composition and operation of promotion selection
boards with respect to members of the Space Component, including
the treatment of general officers by such boards.
(2) A comprehensive analysis of how such proposal may affect the
ability of departments and agencies of the Federal Government (including
departments and agencies outside the Department of Defense and the
Department of Veterans Affairs) to accurately calculate the pay or
determine the benefits, including health care benefits under chapter 55
of title 10, United States Code, to which a member or former member of
the Space Component is entitled at any given time.
(3) Draft legislative text, prepared by the Office of Legislative
Counsel within the Office of the General Counsel of the Department of
Defense, that comprehensively sets forth all amendments and
modifications to Federal statutes needed to effectively implement the
proposal described in subsection (a), including--
(A) amendments and modifications to titles 10, 37, and 38,
United States Code;
(B) amendments and modifications to Federal statutes outside
of such titles; and
(C) an analysis of each provision of Federal statutory law
that refers to the duty status of a member of an Armed Force, or
whether such member is in an active or reserve component, and,
for each such provision--
(i) a written determination indicating whether such
provision requires amendment or other modification to
clarify its applicability to a member of the Space
Component; and
(ii) if such an amendment or modification is
required, draft legislative text for such amendment or
modification.
(4) An assessment of the feasibility and advisability of--
(A) exempting the proposed Space Component from the existing
``up or out'' system of officer career advancement first
established by the amendments to title 10, United States Code,
made by the Defense Officer Personnel Management Act (Public Law
96-513; 94 Stat. 2835);
(B) combining active and reserve components in a new, single
Space Component and whether a similar outcome could be achieved
using the existing active and reserve component frameworks with
modest statutory changes to allow reserve officers to serve on
sustained active duty; and
(C) creating career flexibility for reserve members of the
Space Component, including in shifting retirement points earned
from one year to the next and allowing members of the Space
Component to move back and forth between active and reserve
status for prolonged periods of time across a career.
(5) An assessment of the implications of the proposed reorganization
of the Space Force on the development of space as a warfighting domain
in the profession of arms, particularly with respect to officer
leadership, development, and stewardship of the profession.
(6) A determination of whether existing government ethics
regulations are adequate to address potential conflicts of interest for
Space Component officers who seek to move back and forth between
sustained active duty and working for private sector organizations in
the space industry as reserve officers in the Space Component.
(7) An analysis of the following:
(A) Whether the proposed Space Component framework is
consistent with the joint service requirements of chapter 38 of
title 10, United States Code.
(B) Budgetary implications of the establishment of the Space
Component.
(C) The nature of the relationship with private industry and
civilian employers that would be required and consistent with
professional ethics to successfully implement the Space
Component.
(D) The effect of establishing a Space Component on
diversity and inclusion within the Space Force.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Sense of Congress relating to the corrective action plans
review process.
Sec. 1003. Annual reports on budgetary effects of inflation.
Subtitle B--Counterdrug Activities
Sec. 1011. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Modification to annual naval vessel construction plan.
Sec. 1022. Navy consultation with Marine Corps on major decisions
directly concerning Marine Corps amphibious
force structure and capability.
Sec. 1023. Amphibious warship force structure.
Sec. 1024. Modification to limitation on decommissioning or
inactivating battle force ships before end
of expected service life.
Sec. 1025. Amphibious warfare ship assessment and requirements.
Sec. 1026. Battle force ship employment, maintenance, and manning
baseline plans.
Sec. 1027. Withholding of certain information about sunken military
crafts.
Sec. 1028. Business case analyses on disposition of certain Government-
owned dry-docks.
Sec. 1029. Prohibition on retirement of certain naval vessels.
Subtitle D--Counterterrorism
Sec. 1031. Extension of prohibition on use of funds for transfer or
release of individuals detained at United
States Naval Station, Guantanamo Bay, Cuba,
to the United States.
Sec. 1032. Extension of prohibition on use of funds to construct or
modify facilities in the United States to
house detainees transferred from United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 1033. Modification and extension of prohibition on use of funds
for transfer or release of individuals
detained at United States Naval Station,
Guantanamo Bay, Cuba, to certain countries.
Sec. 1034. Extension of prohibition on use of funds to close or
relinquish control of United States Naval
Station, Guantanamo Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Submission of national defense strategy in classified and
unclassified form.
Sec. 1042. Department of Defense support for funerals and memorial
events for Members and former Members of
Congress.
Sec. 1043. Modification of authority for humanitarian demining
assistance and stockpiled conventional
munitions assistance.
Sec. 1044. Modification of provisions relating to anomalous health
incidents.
Sec. 1045. Security clearances for recently separated members of the
Armed Forces and civilian employees of the
Department of Defense.
Sec. 1046. Integrated and authenticated access to Department of Defense
systems for certain congressional staff for
oversight purposes.
Sec. 1047. Introduction of entities in transactions critical to
national security.
Sec. 1048. Joint training pipeline between United States Navy and Royal
Australian Navy.
Sec. 1049. Standardization of sectional barge construction for
Department of Defense use on rivers and
intercoastal waterways.
Sec. 1050. Department of Defense support for recently enacted
commissions.
Subtitle F--Studies and Reports
Sec. 1051. Modification of annual report on unfunded priorities.
Sec. 1052. Congressional notification of military information support
operations in the information environment.
Sec. 1053. Modification and continuation of reporting requirement
relating to humanitarian assistance.
Sec. 1054. Briefing on Global Force Management Allocation Plan.
Sec. 1055. Report and budget details regarding Operation Spartan
Shield.
Sec. 1056. Annual report on civilian casualties in connection with
United States military operations.
Sec. 1057. Extension of certain reporting deadlines.
Sec. 1058. Extension and modification of reporting requirement
regarding enhancement of information
sharing and coordination of military
training between Department of Homeland
Security and Department of Defense.
Sec. 1059. Continuation of requirement for annual report on National
Guard and reserve component equipment.
Sec. 1060. Modification of authority of Secretary of Defense to
transfer excess aircraft to other
departments of the Federal Government and
authority to transfer excess aircraft to
States.
Sec. 1061. Combatant command risk assessment for airborne intelligence,
surveillance, and reconnaissance.
Sec. 1062. Study on military training routes and special use air space
near wind turbines.
Sec. 1063. Annual reports on safety upgrades to the high mobility
multipurpose wheeled vehicle fleets.
Sec. 1064. Department of Defense delays in providing comments on
Government Accountability Office reports.
Sec. 1065. Justification for transfer or elimination of certain flying
missions.
Sec. 1066. Reports on United States military force presence in Europe.
Sec. 1067. Report on Department of Defense practices regarding
distinction between combatants and
civilians in United States military
operations.
Sec. 1068. Report on strategy and improvement of community engagement
efforts of Armed Forces in Hawaii.
Sec. 1069. Report on Department of Defense military capabilities in the
Caribbean.
Sec. 1070. Quarterly briefings on Department of Defense support for
civil authorities to address immigration at
the southwest border.
Sec. 1071. Annual report on procurement of equipment by State and local
governments through the Department of
Defense.
Sec. 1072. Briefing on financial oversight of certain educational
institutions receiving Department of
Defense funds.
Sec. 1073. Report on effects of certain ethics requirements on
Department of Defense hiring, retention,
and operations.
Sec. 1074. Joint Concept for Competing.
Sec. 1075. Analysis of feasibility and advisability of relocating major
units of the United States Armed Forces to
certain European countries.
Sec. 1076. Report on effects of strategic competitor naval facilities
in Africa.
Subtitle G--Other Matters
Sec. 1081. Technical and conforming amendments.
Sec. 1082. Department of Defense Civilian Protection Center of
Excellence.
Sec. 1083. Ronald V. Dellums Memorial Fellowship in STEM.
Sec. 1084. Amendment to memorial for members of the Armed Forces killed
in attack on Hamid Karzai International
Airport.
Sec. 1085. Public availability of cost of certain military operations.
Sec. 1086. Combating military reliance on Russian energy.
Sec. 1087. Establishment of joint force headquarters in area of
operations of United States Indo-Pacific
Command.
Sec. 1088. National tabletop exercise.
Sec. 1089. Personnel supporting the Office of the Assistant Secretary
of Defense for Special Operations and Low
Intensity Conflict.
Sec. 1090. Sense of Congress on redesignation of the Africa Center for
Strategic Studies as the James M. Inhofe
Center for Africa Strategic Studies.
Sec. 1091. Integration of electronic warfare into Tier 1 and Tier 2
joint training exercises.
Sec. 1092. National Commission on the Future of the Navy.
Sec. 1093. Dynamic airspace pilot program.
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of Defense that
such action is necessary in the national interest, the Secretary may
transfer amounts of authorizations made available to the Department of
Defense in this division for fiscal year 2023 between any such
authorizations for that fiscal year (or any subdivisions thereof).
Amounts of authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2) Limitation.--Except as provided in paragraph (3), the total
amount of authorizations that the Secretary may transfer under the
authority of this section may not exceed $6,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the dollar
limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a) to transfer
authorizations--
(1) may only be used to provide authority for items that have a
higher priority than the items from which authority is transferred; and
(2) may not be used to provide authority for an item that has been
denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one account to
another under the authority of this section shall be deemed to increase the
amount authorized for the account to which the amount is transferred by an
amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify Congress of
each transfer made under subsection (a).
SEC. 1002. SENSE OF CONGRESS RELATING TO THE CORRECTIVE ACTION PLANS REVIEW
PROCESS.
It is the sense of Congress that the Under Secretary of Defense
(Comptroller) should--
(1) take appropriate steps to improve the corrective action plans
review process, including by linking notices of findings and
recommendations with the corrective action plans to address such
notices; and
(2) update Department of Defense guidance to instruct the Department
and its components to document root cause analysis when needed to
address deficiencies auditors have identified.
SEC. 1003. ANNUAL REPORTS ON BUDGETARY EFFECTS OF INFLATION.
(a) Annual Report.--Not later than 30 days after the date of the submission
of the President's budget for a fiscal year under section 1105 of title 31,
United States Code, the Secretary of Defense shall deliver to the congressional
defense committees a report on observed and anticipated budgetary effects
related to inflation, including--
(1) for each Department of Defense appropriation account--
(A) the amount appropriated for the fiscal year preceding
the fiscal year during which the report is submitted, the amount
appropriated for the fiscal year during which the report is
submitted, and the amount requested for the fiscal year for
which the budget is submitted;
(B) the relevant inflation index applied to each such
account at the time of the budget submission for the fiscal year
preceding the fiscal year during which the report is submitted,
the fiscal year during which the report is submitted, and the
fiscal year for which the budget is submitted;
(C) the actual inflationary budgetary effects on each such
account for the fiscal year preceding the fiscal year during
which the report is submitted;
(D) the estimated inflationary budgetary effects for the
fiscal year during which the report is submitted and the fiscal
year for which the budget is submitted; and
(E) a calculation of estimated budgetary effects due to
inflation using the estimated indices for the fiscal year during
which the report is submitted compared to the estimated indices
for the fiscal year for the budget is submitted.
(2) for the fiscal year preceding the fiscal year during which the
report is submitted, the fiscal year during which the report is
submitted, and the fiscal year for which the budget is submitted, a
summary of any requests for equitable adjustment, exercising of economic
price adjustment (hereinafter referred to as ``EPA'') clauses, or
bilateral contract modifications to include an EPA, including the
contract type and fiscal year and the type and amount of appropriated
funds used for the contract;
(3) a summary of any methodological changes in Department of Defense
cost estimation practices for inflationary budgetary effects for the
fiscal year during which the report is submitted and the fiscal year for
which the budget is submitted; and
(4) any other matters the Secretary determines appropriate.
(b) Periodic Briefing.--Not later than 60 days after the conclusion of the
Department of Defense budget mid-year review, the Secretary of Defense shall
provide the congressional defense committees with a briefing on--
(1) any changes in the observed or anticipated inflation indices
included in the report required under subsection (a);
(2) any actions taken by the Department of Defense to respond to
changes discussed in such report, with specific dollar value figures;
and
(3) any requests for equitable adjustment received by the Department
of Defense, economic price adjustment clauses exercised, or bilateral
contract modifications to include an EPA made since the submission of
the report required under subsection (a).
(c) Termination.--The requirement to submit a report under subsection (a)
and the requirement to provide a briefing under subsection (b) shall terminate
on the date that is five years after the date of the enactment of this Act.
Subtitle B--Counterdrug Activities
SEC. 1011. EXTENSION OF AUTHORITY TO SUPPORT A UNIFIED COUNTERDRUG AND
COUNTERTERRORISM CAMPAIGN IN COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as most recently amended
by section 1007 of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1889), is further amended--
(1) in subsection (a)(1), by striking ``2023'' and inserting
``2025''; and
(2) in subsection (c), by striking ``2023'' and inserting ``2025'';
and
(3) by adding at the end the following:
``(h) Annual Report on Plan Colombia.--Not later than 30 days after the end
of each fiscal year from 2023 to 2025, the Secretary of Defense shall submit to
the congressional defense committees and the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House of Representatives
a report that includes the following:
``(1) An assessment of the threat to Colombia from narcotics
trafficking and activities by organizations designated as foreign
terrorist organizations under section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)).
``(2) A description of the plan of the Government of Colombia for
the unified campaign described in subsection (a).
``(3) A description of the activities supported using the authority
provided by subsection (a).
``(4) An assessment of the effectiveness of the activities described
in paragraph (3) in addressing the threat described in paragraph (1).''.
Subtitle C--Naval Vessels and Shipyards
SEC. 1021. MODIFICATION TO ANNUAL NAVAL VESSEL CONSTRUCTION PLAN.
Section 231(b)(2) of title 10, United States Code, is amended by adding at
the end the following new subparagraph:
``(J) For any class of battle force ship for which the procurement
of the final ship of the class is proposed in the relevant future-years
defense program submitted under section 221 of this title--
``(i) a description of the expected specific effects on the
Navy shipbuilding industrial base of--
``(I) the termination of the production program for
the ship and the transition to a new or modified
production program, or
``(II) the termination of the production program for
the ship without a new or modified production program to
replace it; and
``(ii) in the case of any such production program for which
a replacement production program is proposed, a detailed
schedule for the replacement production program with planned
decision points, solicitations, and contract awards.''.
SEC. 1022. NAVY CONSULTATION WITH MARINE CORPS ON MAJOR DECISIONS DIRECTLY
CONCERNING MARINE CORPS AMPHIBIOUS FORCE STRUCTURE AND CAPABILITY.
(a) In General.--Section 8026 of title 10, United States Code, is amended by
inserting ``or amphibious force structure and capability'' after ``Marine Corps
aviation''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended by
inserting ``or amphibious force structure and capability'' after
``aviation''.
(2) Table of sections.--The table of sections at the beginning of
chapter 803 of such title is amended by striking the item relating to
section 8026 and inserting the following new item:
``8026. Consultation with Commandant of the Marine Corps on major
decisions directly concerning Marine Corps
aviation or amphibious force structure and
capability.''.
SEC. 1023. AMPHIBIOUS WARSHIP FORCE STRUCTURE.
Section 8062 of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) in the first sentence, by inserting ``and not less than
31 operational amphibious warfare ships, of which not less than
10 shall be amphibious assault ships'' before the period; and
(B) in the second sentence--
(i) by inserting ``or amphibious warfare ship''
before ``includes''; and
(ii) by inserting ``or amphibious warfare ship''
before ``that is temporarily unavailable''; and
(2) by adding at the end the following new subsection:
``(g) In this section, the term `amphibious warfare ship' means a ship that
is classified as an amphibious assault ship (general purpose) (LHA), an
amphibious assault ship (multi-purpose) (LHD), an amphibious transport dock
(LPD), or a dock landing ship (LSD).''.
SEC. 1024. MODIFICATION TO LIMITATION ON DECOMMISSIONING OR INACTIVATING BATTLE
FORCE SHIPS BEFORE END OF EXPECTED SERVICE LIFE.
(a) In General.--Section 8678a(b) of title 10, United States Code, is
amended--
(1) in paragraph (1), by inserting ``by not later than three days
after the date on which the President submits the budget materials under
section 1105(a) of title 31 for the fiscal year in which such waiver is
sought'' after ``such ship''; and
(2) in paragraph (2), by striking ``such certification was
submitted'' and inserting ``the National Defense Authorization Act for
such fiscal year is enacted''.
(b) No Effect on Certain Ships.--The amendments made by subsection (a) do
not apply to a battle force ship (as such term is defined in section 8678a(e)(1)
of title 10, United States Code) that is proposed to be decommissioned or
inactivated during fiscal year 2023.
SEC. 1025. AMPHIBIOUS WARFARE SHIP ASSESSMENT AND REQUIREMENTS.
Section 8695 of title 10, United States Code, is amended by adding at the
end the following new subsection:
``(e) Amphibious Warfare Ships.--In preparing each assessment and
requirement under subsection (a), the Commandant of the Marine Corps shall be
specifically responsible for developing the requirements relating to amphibious
warfare ships.''.
SEC. 1026. BATTLE FORCE SHIP EMPLOYMENT, MAINTENANCE, AND MANNING BASELINE
PLANS.
(a) In General.--Chapter 863 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 8696. Battle force ship employment, maintenance, and manning baseline
plans
``(a) In General.--Not later than 45 days after the date of the delivery of
the first ship in a new class of battle force ships, the Secretary of the Navy
shall submit to the congressional defense committees a report on the employment,
maintenance, and manning baseline plans for the class, including a description
of the following:
``(1) The sustainment and maintenance plans for the class that
encompass the number of years the class is expected to be in service,
including--
``(A) the allocation of maintenance tasks among
organizational, intermediate, depot, or other activities;
``(B) the planned duration and interval of maintenance for
all depot-level maintenance availabilities; and
``(C) the planned duration and interval of drydock
maintenance periods.
``(2) Any contractually required integrated logistics support
deliverables for the ship, including technical manuals, and an
identification of--
``(A) the deliverables provided to the Government on or
before the delivery date; and
``(B) the deliverables not provided to the Government on or
before the delivery date and the expected dates those
deliverables will be provided to the Government.
``(3) The planned maintenance system for the ship, including--
``(A) the elements of the system, including maintenance
requirement cards, completed on or before the delivery date;
``(B) the elements of the system not completed on or before
the delivery date and the expected completion date of those
elements; and
``(C) the plans to complete planned maintenance from the
delivery date until all elements of the system have been
completed.
``(4) The coordinated shipboard allowance list for the class,
including--
``(A) the items on the list onboard on or before the
delivery date; and
``(B) the items on the list not onboard on or before the
delivery date and the expected arrival date of those items.
``(5) The ship manpower document for the class, including--
``(A) the number of officers by grade and designator; and
``(B) the number of enlisted personnel by rate and rating.
``(6) The personnel billets authorized for the ship for the fiscal
year in which the ship is delivered and each of the four fiscal years
thereafter, including--
``(A) the number of officers by grade and designator; and
``(B) the number of enlisted personnel by rate and rating.
``(7) Programmed funding for manning and end strength on the ship
for the fiscal year in which the ship is delivered and each of the four
fiscal years thereafter, including--
``(A) the number of officers by grade and designator; and
``(B) the number of enlisted personnel by rate and rating.
``(8) Personnel assigned to the ship on the delivery date,
including--
``(A) the number of officers by grade and designator; and
``(B) the number of enlisted personnel by rate and rating.
``(9) For each critical hull, mechanical, electrical, propulsion,
and combat system of the class as so designated by the Senior Technical
Authority pursuant to section 8669b(c)(2)(C) of this title, the
following:
``(A) The Government-provided training available for
personnel assigned to the ship at the time of delivery,
including the nature, objectives, duration, and location of the
training.
``(B) The contractor-provided training available for
personnel assigned to the ship at the time of delivery,
including the nature, objectives, duration, and location of the
training.
``(C) Plans to adjust how the training described in
subparagraphs (A) and (B) will be provided to personnel after
delivery, including the nature and timeline of those
adjustments.
``(10) The notional employment schedule of the ship for each month
of the fiscal year in which the ship is delivered and each of the four
fiscal years thereafter, including an identification of time spent in
the following phases:
``(A) Basic.
``(B) Integrated or advanced.
``(C) Deployment.
``(D) Maintenance.
``(E) Sustainment.
``(b) Notification Required.--Not less than 30 days before implementing a
significant change to the baseline plans described in subsection (a) or any
subsequent significant change, the Secretary of the Navy shall submit to the
congressional defense committees written notification of the change, including
for each such change the following:
``(1) An explanation of the change.
``(2) The desired outcome.
``(3) The rationale.
``(4) The duration.
``(5) The operational effects.
``(6) The budgetary effects, including--
``(A) for the year in which the change is made;
``(B) over the five years thereafter; and
``(C) over the expected service life of the relevant class
of battle force ships.
``(7) The personnel effects, including--
``(A) for the year in which the change is made;
``(B) over the five years thereafter; and
``(C) over the expected service life of the relevant class
of battle force ships.
``(8) The sustainment and maintenance effects, including--
``(A) for the year in which the change is made;
``(B) over the five years thereafter; and
``(C) over the expected service life of the relevant class
of battle force ships.
``(c) Treatment of Certain Ships.--(1) For the purposes of this section, the
Secretary of the Navy shall treat as the first ship in a new class of battle
force ships the following:
``(A) U.S.S. John F. Kennedy (CVN-79).
``(B) U.S.S. Michael Monsoor (DDG-1001).
``(C) U.S.S. Jack H. Lucas (DDG-125).
``(2) For each ship described in paragraph (1), the Senior Technical
Authority shall identify critical systems for the purposes of subsection (a)(9).
``(d) Definitions.--In this section:
``(1) The term `battle force ship' means the following:
``(A) A commissioned United States Ship warship capable of
contributing to combat operations.
``(B) A United States Naval Ship that contributes directly
to Navy warfighting or support missions.
``(2) The term `delivery' has the meaning provided for in section
8671 of this title.
``(3) The term `Senior Technical Authority' has the meaning provided
for in section 8669b of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter
863 of such title is amended by adding at the end the following new item:
``8696. Battle force ship employment, maintenance, and manning baseline
plans.''.
SEC. 1027. WITHHOLDING OF CERTAIN INFORMATION ABOUT SUNKEN MILITARY CRAFTS.
Section 1406 of the Sunken Military Craft Act (title XIV of Public Law 108-
375; 10 U.S.C. 113 note) is amended by adding at the end the following new
subsection:
``(j) Withholding of Certain Information.--Pursuant to subparagraphs (A)(ii)
and (B) of section 552(b)(3) of title 5 United States Code, the Secretary
concerned may withhold from public disclosure information and data about the
location or related artifacts of a sunken military craft under the jurisdiction
of the Secretary, if such disclosure would increase the risk of the unauthorized
disturbance of one or more sunken military craft.''.
SEC. 1028. BUSINESS CASE ANALYSES ON DISPOSITION OF CERTAIN GOVERNMENT-OWNED
DRY-DOCKS.
(a) AFDM-10.--Not later than June 1, 2023, the Secretary of the Navy shall
submit to the congressional defense committees the results of a business case
analysis for Auxiliary Floating Dock, Medium-10 (in this section referred to as
``AFDM-10'') that compares the following options:
(1) The continued use of AFDM-10, in the same location and under the
same lease authorities in effect on the date of the enactment of this
Act.
(2) The relocation of AFDM-10 to Naval Station Everett, including
all infrastructure support requirement costs and anticipated operating
costs.
(3) The relocation and use of AFDM-10 in alternate locations under
the same lease authorities in effect on the date of the enactment of
this Act, including all infrastructure support requirement costs and
anticipated operating costs.
(4) The relocation and use of AFDM-10 in alternate locations under
alternative lease authorities.
(5) The conveyance of AFDM-10 at a fair market rate to an
appropriate non-Government entity with expertise in the non-nuclear ship
repair industry.
(6) Such other options as the Secretary determines appropriate.
(b) Graving Dock at Naval Base, San Diego.--Not later than June 1, 2023, the
Secretary of the Navy shall submit to the congressional defense committees the
results of a business case analysis for the Government-owned graving dock at
Naval Base San Diego, California, that compares the following options:
(1) The continued use of such graving dock, in accordance with the
utilization strategy described in the May 25, 2022 report to Congress
entitled ``Navy Dry Dock Strategy for Surface Ship Maintenance and
Repair''.
(2) Such other options as the Secretary determines appropriate.
(c) Matters for Evaluation.--The business case analyses required under
subsections (a) and (b) shall each include an evaluation of each of the
following:
(1) The extent to which the Secretary plans to execute a consistent
and balanced docking strategy that ensures the health of private sector
maintenance and repair capability and capacity.
(2) Legal, regulatory, and other requirements applicable to each of
the options considered under each such analysis, including environmental
documentation, and the effect that such requirements are projected to
have on the cost and schedule of such option.
(3) The extent to which the Secretary is considering adding dry dock
capacity, including an analysis of the projected cost of adding such
capacity and the potential effects of adding such capacity on private
sector repair and maintenance facilities.
(4) The projected use by the Navy of Government and non-Government
dry docks assets through fiscal year 2027.
(5) For each option considered under each such analysis, the
projected implementation timeline and costs.
(6) For each option considered under each such analysis, the
relative maintenance capacity and output.
SEC. 1029. PROHIBITION ON RETIREMENT OF CERTAIN NAVAL VESSELS.
(a) In General.--None of the funds authorized to be appropriated by this Act
for fiscal year 2023 may be obligated or expended to retire, prepare to retire,
or place in storage--
(1) any of the naval vessels referred to in subsection (b); or
(2) more than four Littoral Combat Ships.
(b) Naval Vessels.--The naval vessels referred to in this subsection are the
following:
(1) USS Vicksburg (CG 69).
(2) USS Germantown (LSD 42).
(3) USS Gunston Hall (LSD 44).
(4) USS Tortuga (LSD 46).
(5) USS Ashland (LSD 48).
(6) USNS Montford Point (T-ESD 1).
(7) USNS John Glenn (T-ESD 2).
(c) Littoral Combat Ships.--In the case of any Littoral Combat Ship that is
retired, prepared to retire, or placed in storage using funds authorized to be
appropriated by this Act for fiscal year 2023, the Secretary of Defense shall
ensure that such vessel is evaluated for potential transfer to the military
forces of a nation that is an ally or partner of the United States.
Subtitle D--Counterterrorism
SEC. 1031. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF
INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO
BAY, CUBA, TO THE UNITED STATES.
Section 1033 of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1953), as most recently amended
by section 1033 of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1901), is further amended by striking ``December
31, 2022'' and inserting ``December 31, 2023''.
SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY
FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES TRANSFERRED
FROM UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
Section 1034(a) of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1954), as most recently amended
by section 1034 of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1901), is further amended by striking ``December
31, 2022'' and inserting ``December 31, 2023''.
SEC. 1033. MODIFICATION AND EXTENSION OF PROHIBITION ON USE OF FUNDS FOR
TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA, TO CERTAIN COUNTRIES.
Section 1035 of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1954), as most recently amended
by section 1032 of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1901), is further amended--
(1) by striking ``December 31, 2022'' and inserting ``December 31,
2023'';
(2) by redesignating paragraphs (1) through (4) as paragraphs (2)
through (5), respectively; and
(3) by inserting before paragraph (2), as so redesignated, the
following new paragraph:
``(1) Afghanistan.''.
SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE OR RELINQUISH
CONTROL OF UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
Section 1036 of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1551), as most recently amended by section 1035 of
the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81;
135 Stat. 1901), is further amended by striking ``2022'' and inserting ``2023''.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. SUBMISSION OF NATIONAL DEFENSE STRATEGY IN CLASSIFIED AND
UNCLASSIFIED FORM.
Section 113(g)(1)(D) of title 10, United States Code, is amended by striking
``in classified form with an unclassified summary.'' and inserting ``in both
classified and unclassified form. The unclassified form may not be a summary of
the classified document.''.
SEC. 1042. DEPARTMENT OF DEFENSE SUPPORT FOR FUNERALS AND MEMORIAL EVENTS FOR
MEMBERS AND FORMER MEMBERS OF CONGRESS.
(a) In General.--Chapter 3 of title 10, United States Code, is amended by
inserting after section 130 the following new section:
``Sec. 130a. Department of Defense support for funerals and memorial events for
Members and former Members of Congress
``(a) Support for Funerals.--Subject to subsection (b), the Secretary of
Defense may provide such support as the Secretary considers appropriate for a
funeral or memorial event for a Member or former Member of Congress, including
support with respect to transportation to and from such a funeral or memorial
event, in accordance with this section.
``(b) Requests for Support; Secretary Determination.--The Secretary may
provide support under this section--
``(1) upon request from the Speaker of the House of Representatives,
the Minority Leader of the House of Representatives, the Majority Leader
of the Senate, or the Minority Leader of the Senate; or
``(2) if the Secretary determines such support is necessary to carry
out duties or responsibilities of the Department of Defense.
``(c) Use of Funds.--The Secretary may use funds authorized to be
appropriated for operation and maintenance to provide support under this
section.''.
(b) Clerical Amendment.--The table of sections at the beginning of such
chapter is amended by inserting after the item relating to section 130 the
following new item:
``130a. Department of Defense support for funerals and memorial events
for Members and former Members of
Congress.''.
SEC. 1043. MODIFICATION OF AUTHORITY FOR HUMANITARIAN DEMINING ASSISTANCE AND
STOCKPILED CONVENTIONAL MUNITIONS ASSISTANCE.
(a) Location of Assistance.--Section 407 of title 10, United States Code, is
amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``carry out'' and inserting
``provide''; and
(ii) by striking ``in a country'' and inserting ``to
a country''; and
(B) in subparagraph (A), by striking ``in which the
activities are to be carried out'' and inserting ``to which the
assistance is to be provided''; and
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``in which'' and inserting ``to
which''; and
(ii) by striking ``carried out'' and inserting
``provided'';
(B) in paragraph (2), by striking ``carried out in'' and
inserting ``provided to'';
(C) in paragraph (3)--
(i) by striking ``in which'' and inserting ``to
which''; and
(ii) by striking ``carried out'' and inserting
``provided''; and
(D) in paragraph (4), by striking ``in carrying out such
assistance in each such country'' and inserting ``in providing
such assistance to each such country''.
(b) Expenses.--Subsection (c) of such section 407 is amended--
(1) in paragraph (2), by adding at the end the following new
subparagraph:
``(C) Travel, transportation, and subsistence expenses of foreign
personnel to attend training provided by the Department of Defense under
this section.''; and
(2) by striking paragraph (3).
(c) Report.--Subsection (d) of such section 407, as amended by subsection
(a)(2) of this section, is further amended in the matter preceding paragraph
(1), by striking ``include in the annual report under section 401 of this title
a separate discussion of'' and inserting ``submit to the Committee on Armed
Services and the Committee on Foreign Relations of the Senate and the Committee
on Armed Services and the Committee on Foreign Affairs of the House of
Representatives a report on''.
SEC. 1044. MODIFICATION OF PROVISIONS RELATING TO ANOMALOUS HEALTH INCIDENTS.
(a) Cross-functional Team.--Section 910 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 111 note)
is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``and any other'' and all
that follows through ``necessary; and'' and inserting ``,
including the causation, attribution, mitigation,
identification, and treatment for such incidents;'';
(B) in paragraph (2)--
(i) by inserting ``and deconflict'' after
``integrate'';
(ii) by striking ``agency'' and inserting
``agencies''; and
(iii) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) any other efforts regarding such incidents that the Secretary
considers appropriate.''; and
(2) in subsection (e)(2), by striking ``90 days'' and all that
follows through ``of enactment'' and inserting ``March 1, 2023, and not
less frequently than once every 180 days thereafter until March 1,
2026''.
(b) Access to Certain Facilities of Department of Defense.--Section 732 of
the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81;
135 Stat. 1797; 10 U.S.C. 1071 note) is amended--
(1) in the section heading, by striking ``united states government
employees and their family members'' and inserting ``covered
individuals'';
(2) in subsection (a), by striking ``employees of the United States
Government and their family members who'' and inserting ``covered
individuals whom'';
(3) in subsection (c), by striking ``employees from those agencies
and their family members'' and inserting ``covered individuals'';
(4) in subsection (d)--
(A) by striking ``employees of the United States Government
and their family members'' and inserting ``covered
individuals''; and
(B) by striking ``subject to an agreement by the employing
agency and the consent of the employee'' and inserting ``subject
to the consent of the covered individual and, if applicable, an
agreement with the employing agency''; and
(5) by adding at the end the following new subsection:
``(e) Covered Individuals Defined.--In this section, the term `covered
individuals' means--
``(1) current and former employees of the United States Government
and their family members; and
``(2) current and former members of the Armed Forces and their
family members.''.
SEC. 1045. SECURITY CLEARANCES FOR RECENTLY SEPARATED MEMBERS OF THE ARMED
FORCES AND CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
(a) Improvements.--
(1) In general.--No later than September 30, 2023, the Secretary of
Defense, in coordination with the Director of National Intelligence when
acting as the Security Executive Agent, shall establish a process to--
(A) determine, on the date on which a covered individual
separates from the Armed Forces or the Department of Defense (as
the case may be), whether the covered individual held an
eligibility to access classified information or to occupy a
sensitive position immediately prior to such separation and
requires an eligibility of an equal or lower level for
employment as a covered contractor, except as provided in
subsection (b);
(B) ensure that the re-establishment of trust of a covered
individual's eligibility to occupy a sensitive position takes
place expeditiously, in accordance with applicable laws,
Executive Orders, or Security Executive Agent policy; and
(C) ensure that any additional security processing required
to re-establish trust to reinstate a covered individual's
eligibility to access classified information or occupy a
sensitive position takes place expeditiously.
(2) Coast guard.--In the case of a member of the Armed Forces who is
a member of the Coast Guard, the Secretary of Defense shall carry out
paragraph (1) in consultation with the Secretary of the Department in
which the Coast Guard is operating.
(b) Exceptions.--
(1) In general.--Subsection (a) shall not apply with respect to a
covered individual--
(A) whose previously held security clearance is, or was as
of the date of separation of the covered individual, under
review as a result of one or more potentially disqualifying
factors or conditions that have not been fully investigated or
mitigated; or
(B) in the case of a member of the Armed Forces, who
separated from the Armed Forces under other than honorable
conditions.
(2) Clarification of review exception.--The exception specified in
paragraph (1)(A) shall not apply with respect to a routine periodic
reinvestigation or a continuous vetting investigation in which no
potentially disqualifying factors or conditions have been found.
(c) Definitions.--In this section:
(1) The term ``covered contractor'' means an individual who is
employed by an entity that carries out work under a contract with the
Department of Defense or an element of the intelligence community.
(2) The term ``covered individual'' means a former member of the
Armed Forces or a former civilian employee of the Department of Defense.
(3) The term ``intelligence community'' has the meaning given that
term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
SEC. 1046. INTEGRATED AND AUTHENTICATED ACCESS TO DEPARTMENT OF DEFENSE SYSTEMS
FOR CERTAIN CONGRESSIONAL STAFF FOR OVERSIGHT PURPOSES.
(a) In General.--The Secretary of Defense shall develop processes and
procedures under which the Secretary shall issue access tokens to staff of the
congressional defense committees to facilitate the performance of required
congressional oversight activities. Such access tokens shall--
(1) provide designated and authenticated staff with access to
designated Department of Defense information systems, including--
(A) the reporting system described in section 805(b) of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81) that will replace the Selected Acquisition Report
requirements under section 4351 of title 10, United States Code;
and
(B) the process referred to in section 908 of the William
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283) that is used by the Department of
Defense to identify reports to Congress required by annual
national defense authorization Acts, assign responsibility for
preparation of such reports, and manage the completion and
delivery of such reports to Congress; and
(2) to the extent feasible, be integrated with the provision of
Pentagon Facilities Alternative Credentials.
(b) Implementation.--The Secretary shall implement the processes and
procedures developed under subsection (a) not later than 180 days after the date
of the enactment of this Act.
(c) Interim Briefing.--Not later than 90 days after the date of the
enactment of the Act, the Secretary of Defense shall provide to the
congressional defense committees an interim briefing on the status of the
processes and procedures required to be developed under subsection (a),
including any updates to applicable policies, instructions, and guidance issued
by the Department.
SEC. 1047. INTRODUCTION OF ENTITIES IN TRANSACTIONS CRITICAL TO NATIONAL
SECURITY.
(a) In General.--The Secretary of Defense may facilitate the introduction of
entities for the purpose of discussing a covered transaction that the Secretary
has determined is in the national security interests of the United States.
(b) Covered Transaction Defined.--The term ``covered transaction'' means a
transaction that the Secretary has reason to believe would likely involve an
entity affiliated with a strategic competitor unless an alternative transaction
were to occur.
SEC. 1048. JOINT TRAINING PIPELINE BETWEEN UNITED STATES NAVY AND ROYAL
AUSTRALIAN NAVY.
(a) Exchange Program.--Beginning in 2023, the Secretary of Defense, in
consultation with the Secretary of Energy, may carry out an exchange program for
Australian submarine officers to implement one or more agreements entered into
under the enhanced trilateral security partnership referred to as ``AUKUS''.
Under such a program, to the extent consistent with one or more AUKUS
agreements--
(1) a minimum of two Australian submarine officers may participate
in the United States Navy officer training program for officers who are
assigned to duty on nuclear powered submarines; and
(2) following the successful completion of all aspects of such
training, such officers may be assigned to duty on an operational United
States submarine.
(b) Briefing.--Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall provide the congressional defense
committees with a briefing on a notional exchange program for Australian
submarine officers that includes initial, follow-on, and recurring training that
could be provided to Australian submarine officers in order prepare such
officers for command of nuclear-powered Australian submarines.
SEC. 1049. STANDARDIZATION OF SECTIONAL BARGE CONSTRUCTION FOR DEPARTMENT OF
DEFENSE USE ON RIVERS AND INTERCOASTAL WATERWAYS.
With respect to the procurement of a sectional barge for the Department of
Defense on or after December 31, 2023, the Secretary of Defense shall, to the
extent practicable--
(1) ensure the solicitation for such sectional barge includes a
requirement for a design that has been approved by the American Bureau
of Shipping, using its rule set for building and classing steel vessels,
for service on rivers and intercoastal waterways; or
(2) prioritize prime contractors that are in compliance with ISO
9001:2015 of the International Organization for Standardization (or
successor standard) in awarding contracts pursuant to such procurement.
SEC. 1050. DEPARTMENT OF DEFENSE SUPPORT FOR RECENTLY ENACTED COMMISSIONS.
(a) Assistance From Department of Defense.--At the request of a covered
commission, the Secretary of Defense may provide to the covered commission, on a
reimbursable basis, such services, funds, facilities, staff, and other support
services as necessary for the performance of the functions of the commission.
Amounts provided to a covered commission pursuant to this section may be
provided from amounts appropriated for the Department of Defense, as provided in
advance in appropriations Acts.
(b) Covered Commission Defined.--In this section, the term ``covered
commission'' means a commission established pursuant to any of the following
sections of the National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81):
(1) Section 1004 (Commission on Planning, Programming, Budgeting,
and Execution Reform).
(2) section 1091 (National Security Commission on Emerging
Biotechnology).
(3) section 1094 (Afghanistan War Commission).
(4) section 1095 (Commission on the National Defense Strategy).
(5) section 1687 (Congressional Commission on the Strategic Posture
of the United States).
Subtitle F--Studies and Reports
SEC. 1051. MODIFICATION OF ANNUAL REPORT ON UNFUNDED PRIORITIES.
Section 222a of title 10, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``to be
achieved'' and inserting ``outlined in the national
defense strategy required under section 113(g) of this
title and the National Military Strategy required under
section 139(b) of this title to be advanced''; and
(ii) by adding at the end the following new
subparagraph:
``(D) A detailed assessment of each specific risk that would
be reduced in executing the national defense strategy required
under section 113(g) of this title and the National Military
Strategy required under section 139(b) of this title if such
priority is funded (whether in whole or in part).''; and
(B) in paragraph (2)(A), by inserting ``according to the
amount of risk reduced'' after ``priority'';
(2) by adding redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following new subsection
(d):
``(d) Prioritization.--Not later than 10 days after the receipt of the all
of the reports referred to in subsection (a), the Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of Staff, shall submit to the
congressional defense committees a report that prioritizes each specific
unfunded priority across all unfunded priorities submitted by officers specified
in (b) according to the risk reduced in executing the national defense strategy
required under section 113(g) of this title and the National Military Strategy
required under section 139(b) of this title.''.
SEC. 1052. CONGRESSIONAL NOTIFICATION OF MILITARY INFORMATION SUPPORT OPERATIONS
IN THE INFORMATION ENVIRONMENT.
(a) In General.--Chapter 19 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 398. Military information support operations in information environment
``(a) Congressional Notification Requirement.--(1) Not later than 48 hours
after the execution of any new military information support operation plan (in
this section referred to as a `MISO plan') approved by the commander of a
combatant command, or any change in scope of any existing MISO plan, including
any underlying MISO supporting plan, the Secretary of Defense shall promptly
submit to the congressional defense committees notice in writing of such
approval or execution of change in scope.
``(2) A notification under paragraph (1) with respect to a MISO plan shall
include each of the following:
``(A) A description of the military information support operation
program (in this section referred to as a `MISO program') supported by
the MISO plan.
``(B) A description of the objectives of the MISO plan.
``(C) A description of the intended target audience for military
information support operation activities under the MISO plan.
``(D) A description of the tactics, techniques, and procedures to be
used in executing the MISO plan.
``(E) A description of the personnel engaged in supporting or
facilitating the operation.
``(F) The amount of funding anticipated to be obligated and expended
to execute the MISO plan during the current and subsequent fiscal years.
``(G) The expected duration and desired outcome of the MISO plan.
``(H) Any other elements the Secretary determines appropriate.
``(3) To the maximum extent practicable, the Secretary shall ensure that the
congressional defense committees are notified promptly of any unauthorized
disclosure of a clandestine military support operation covered by this section.
A notification under this subsection may be verbal or written, but in the event
of a verbal notification, the Secretary shall provide a written notification by
not later than 48 hours after the provision of the verbal notification.
``(b) Annual Report.--Not later than 90 days after the last day of any
fiscal year during which the Secretary conducts a MISO plan, the Secretary shall
submit to the congressional defense committees a report on all such MISO plans
conducted during such fiscal year. Such report shall include each of the
following:
``(1) A list of each MISO program and the combatant command
responsible for the program.
``(2) For each MISO plan--
``(A) a description of the plan and any supporting plans,
including the objectives for the plan;
``(B) a description of the intended target audience for the
activities carried out under the plan and the means of
distribution; and
``(C) the cost of executing the plan.
``(c) Prohibition on Clandestine Operations Designed to Influence Opinions
and Politics in United States.--None of the funds authorized to be appropriated
or otherwise made available for the Department of Defense for any fiscal year
may be used to conduct a clandestine military information support operation that
is designed to influence--
``(1) any political process taking place in the United States;
``(2) the opinions of United States persons;
``(3) United States policies; or
``(4) media produced by United States entities for United States
persons.''.
(b) Clerical Amendment.--The table of sections at the beginning of such
chapter is amended by adding at the end the following new item:
``398. Military information support operations in information
environment.''.
SEC. 1053. MODIFICATION AND CONTINUATION OF REPORTING REQUIREMENT RELATING TO
HUMANITARIAN ASSISTANCE.
(a) Modification.--Section 2561(c)(3) of title 10, United States Code, is
amended--
(1) in subparagraph (A), by striking ``relief'' and inserting
``assistance''; and
(2) by striking subparagraphs (B) and (C) and inserting the
following new subparagraphs:
``(B) A comprehensive list of humanitarian assistance efforts for
which support was provided under this section, disaggregated by foreign
partner country, amount obligated, and purpose specified in subsection
(b).
``(C) A description of the manner in which such efforts address--
``(i) the humanitarian needs of the foreign partner country;
and
``(ii) Department of Defense objectives and broader United
States national security objectives.
``(D) A description of any transfer of nonlethal excess supplies of
the Department of Defense made available for humanitarian relief
purposes under section 2557 of this title, including, for each such
transfer--
``(i) the date of the transfer;
``(ii) the entity to which the transfer is made; and
``(iii) the quantity of items transferred.''.
(b) Continuation of Reporting Requirement.--
(1) In general.--Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1000; 10 U.S.C. 111 note) does not apply to the report required to be
submitted to Congress under section 2561(c) of title 10, United States
Code.
(2) Conforming repeal.--Section 1061(c) of National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C.
111 note) is amended by striking paragraph (48).
SEC. 1054. BRIEFING ON GLOBAL FORCE MANAGEMENT ALLOCATION PLAN.
Section 1074(c) of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81) is amended by adding at the end the following new
paragraph:
``(4) For each major modification to global force allocation made
during the preceding fiscal year that deviated from the Global Force
Management Allocation Plan for that fiscal year--
``(A) an analysis of the costs of such modification;
``(B) an assessment of the risks associated with such
modification, including strategic risks, operational risks, and
risks to readiness; and
``(C) a description of any strategic trade-offs associated
with such modification.''.
SEC. 1055. REPORT AND BUDGET DETAILS REGARDING OPERATION SPARTAN SHIELD.
Section 1225(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended--
(1) in paragraph (6) by striking ``; and'' and inserting a
semicolon;
(2) by redesignating paragraph (7) as paragraph (11); and
(3) by inserting after paragraph (6), the following new paragraphs:
``(7) a list of all countries in which Task Force Spartan operated
during the prior fiscal year;
``(8) a description of activities conducted pursuant to the
operation to build the military readiness of partner forces during the
prior fiscal year, including--
``(A) training exercises;
``(B) joint exercises; and
``(C) bilateral or multilateral exchanges;
``(9) an assessment of the extent to which the activities described
in paragraph (8) improved--
``(A) the military readiness of such partner forces;
``(B) the national security of the United States; and
``(C) the national security of allies and partners of the
United States;
``(10) a description of criteria used to make the assessment
required under paragraph (9); and''.
SEC. 1056. ANNUAL REPORT ON CIVILIAN CASUALTIES IN CONNECTION WITH UNITED STATES
MILITARY OPERATIONS.
(a) In General.--Section 1057(b) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91) is amended--
(1) in paragraph (1), by striking ``that were confirmed, or
reasonably suspected, to have resulted in civilian casualties'' and
inserting ``that resulted in civilian casualties that have been
confirmed or are reasonably suspected to have occurred'';
(2) in paragraph (2)--
(A) in subparagraph (B), by inserting ``, including, to the
extent practicable, the closest town, city, or identifiable
place'' after ``location'';
(B) in subparagraph (D), by inserting before the period the
following: ``, including the specific justification or use of
authority for each strike conducted'';
(C) in subparagraph (E), by inserting before the period at
the end the following: ``, formulated as a range, if necessary,
and including, to the extent practicable, information regarding
the number of men, women, and children involved''; and
(D) by adding at the end the following new subparagraphs:
``(F) A summary of the determination of each completed
civilian casualty assessment or investigation.
``(G) For each assessment or investigation of an incident
that resulted in civilian casualties--
``(i) whether the Department conducted any witness
interviews or site visits occurred, and if not, an
explanation of why not; and
``(ii) whether information pertaining to the
incident that was collected by one or more non-
governmental entities was considered, if such
information exists.''; and
(3) by striking paragraph (4) and inserting the following new
paragraph (4):
``(4) A description of any new or updated civilian harm policies and
procedures implemented by the Department of Defense.''.
(b) Applicability.--The amendments made by this section shall apply as
follows:
(1) Except as provided in paragraph (2), the amendments made by this
section shall apply with respect to a report submitted on or after May
1, 2024.
(2) The amendments made by subparagraphs (A) and (B) of subsection
(a)(2) shall apply with respect to a report submitted after the date of
the enactment of this Act.
SEC. 1057. EXTENSION OF CERTAIN REPORTING DEADLINES.
(a) Commission on Planning, Programming, Budgeting, and Execution Reform.--
Section 1004(g) of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1886) is amended--
(1) in paragraph (1), by striking ``February 6, 2023'' and inserting
``August 6, 2023''; and
(2) in paragraph (2), by striking ``September 1, 2023'' and
inserting ``March 1, 2024''.
(b) National Security Commission on Emerging Biotechnology.--Section 1091(g)
of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 135 Stat. 1931) is amended--
(1) in paragraph (1), by striking ``2 years after'' and inserting
``3 years after''; and
(2) in paragraph (2), by striking ``1 year after'' and inserting ``2
years after''.
(c) Commission on the National Defense Strategy.--Section 1095(g) of the
National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1945) is amended--
(1) in paragraph (1), by striking ``one year after'' and inserting
``two years after''; and
(2) in paragraph (2), by striking ``180 days after'' and inserting
``one year after''.
(d) Congressional Commission on the Strategic Posture of the United
States.--Section 1687(d) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 2128) is amended--
(1) in paragraph (1), by striking ``December 31, 2022'' and
inserting ``July 31, 2023''; and
(2) in paragraph (3), by striking ``180 days after'' and inserting
``one year after''.
SEC. 1058. EXTENSION AND MODIFICATION OF REPORTING REQUIREMENT REGARDING
ENHANCEMENT OF INFORMATION SHARING AND COORDINATION OF MILITARY
TRAINING BETWEEN DEPARTMENT OF HOMELAND SECURITY AND DEPARTMENT OF
DEFENSE.
Section 1014(d) of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328) is amended--
(1) in paragraph (1)(B)(iv)--
(A) by striking ``(iii)--'' and inserting ``(iii), the
following:''; and
(B) by adding at the end the following new subclauses:
``(VIII) The methodology used for making
cost estimates in the evaluation of a request
for assistance.
``(IX) The extent to which the fulfillment
of the request for assistance affected readiness
of the Armed Forces, including members of the
reserve components.''; and
(2) in paragraph (3), by striking ``December 31, 2023'' and
inserting ``December 31, 2024''.
SEC. 1059. CONTINUATION OF REQUIREMENT FOR ANNUAL REPORT ON NATIONAL GUARD AND
RESERVE COMPONENT EQUIPMENT.
(a) In General.--Section 1080(a) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1000; 10 U.S.C. 111 note)
does not apply to the report required to be submitted to Congress under section
10541 of title 10, United States Code.
(b) Conforming Repeal.--Section 1061(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328); 130 Stat. 2402; 10
U.S.C. 111 note) is amended by striking paragraph (62).
SEC. 1060. MODIFICATION OF AUTHORITY OF SECRETARY OF DEFENSE TO TRANSFER EXCESS
AIRCRAFT TO OTHER DEPARTMENTS OF THE FEDERAL GOVERNMENT AND
AUTHORITY TO TRANSFER EXCESS AIRCRAFT TO STATES.
Section 1091 of the National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239; 10 U.S.C. 2576 note) is amended--
(1) in the section heading, by inserting ``and to states'' after
``federal government'';
(2) in subsection (a), in the first sentence, by striking ``and the
Secretary of Homeland Security for use by the Forest Service and the
United States Coast Guard'' and inserting ``for use by the Forest
Service, to the Secretary of Homeland Security for use by the United
States Coast Guard, and to the Governor of a State'';
(3) in subsection (b)--
(A) in paragraph (1), by striking ``or the United States
Coast Guard as a suitable platform to carry out their respective
missions'' and inserting ``, the United States Coast Guard, or
the Governor of a State, as the case may be, as a suitable
platform to carry out wildfire suppression, search and rescue,
or emergency operations pertaining to wildfires'';
(B) in paragraph (3), by striking ``; and'' and inserting a
semicolon;
(C) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following new paragraph:
``(5) in the case of aircraft to be transferred to the Governor of a
State, acceptable for use by the State, as determined by the
Governor.'';
(4) by striking subsection (c);
(5) by redesignating subsections (d) through (g) as subsections (c)
through (f), respectively;
(6) in subsection (c), as so redesignated--
(A) in paragraph (1)--
(i) by striking ``up to seven''; and
(ii) by inserting ``the Governor of a State or to''
after ``offered to''; and
(B) by amending paragraph (2) to read as follows:
``(2) Expiration of right of refusal.--A right of refusal afforded
the Secretary of Agriculture or the Secretary of Homeland Security under
paragraph (1) with regards to an aircraft shall expire upon official
notice of such Secretary to the Secretary of Defense that such Secretary
declines such aircraft.'';
(7) in subsection (d), as so redesignated--
(A) in the matter preceding paragraph (1), by inserting ``or
to the Governor of a State'' after ``the Secretary of
Agriculture'';
(B) in paragraph (1), by striking ``wildfire suppression
purposes'' and inserting ``purposes of wildfire suppression,
search and rescue, or emergency operations pertaining to
wildfires''; and
(C) in paragraph (2)--
(i) by inserting ``, search and rescue, emergency
operations pertaining to wildfires,'' after ``efforts'';
and
(ii) by inserting ``or Governor of the State, as the
case may be,'' after ``Secretary of Agriculture'';
(8) in subsection (e), as so redesignated, by striking ``or the
Secretary of Homeland Security'' and inserting ``, the Secretary of
Homeland Security, or the Governor of a State'';
(9) in subsection (f), as so redesignated, by striking ``and the
Secretary of Homeland Security'' and inserting ``, the Secretary of
Homeland Security, or the Governor of the State to which such aircraft
is transferred using only State funds''; and
(10) by adding at the end the following new subsection:
``(g) Reporting.--Not later than December 1, 2022, and annually thereafter,
the Secretary of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on aircraft transferred, during
the fiscal year preceding the date of such report, to--
``(1) the Secretary of Agriculture, the Secretary of Homeland
Security, or the Governor of a State under this section;
``(2) the chief executive officer of a State under section 112 of
the National Defense Authorization Act for Fiscal Year 2012 (Public Law
112-81; 125 Stat. 1318); or
``(3) the Secretary of the Air Force or the Secretary of Agriculture
under section 1098 of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 127 Stat. 881).''.
SEC. 1061. COMBATANT COMMAND RISK ASSESSMENT FOR AIRBORNE INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE.
(a) In General.--Not later than 90 days after the date on which the
Secretary of Defense submits to Congress the materials in support of the budget
for any fiscal year, or the date on which any of the military departments
otherwise proposes to retire or otherwise divest any airborne intelligence,
surveillance, and reconnaissance capabilities, the Vice Chairman of the Joint
Chiefs of Staff, in coordination with the commanders of each of the geographic
combatant commands, shall submit to the congressional defense committees a
report containing an assessment of the level of operational risk to each such
command posed by the proposed retirement or divestment with respect to the
capability of the command to meet near-, mid-, and far-term contingency and
steady-state requirements against adversaries in support of the objectives of
the national defense strategy under section 113(g) of title 10, United States
Code.
(b) Risk Assessment.--In assessing levels of operational risk for the
purposes of subsection (a), the Vice Chairman and the commanders of the
geographic combatant commands shall use the military risk matrix of the Chairman
of the Joint Chiefs of Staff, as described in CJCS Instruction 3401.01E, or any
successor instruction.
(c) Geographic Combatant Command.--In this section, the term ``geographic
combatant command'' means any of the following:
(1) United States European Command.
(2) United States Indo-Pacific Command.
(3) United States Africa Command.
(4) United States Southern Command.
(5) United States Northern Command.
(6) United States Central Command.
(d) Termination.--The requirement to submit a report under this section
shall terminate on the date that is five years after the date of the enactment
of this Act.
SEC. 1062. STUDY ON MILITARY TRAINING ROUTES AND SPECIAL USE AIR SPACE NEAR WIND
TURBINES.
(a) Study and Report.--
(1) In general.--The Secretary of Defense shall seek to enter into
an agreement with a federally funded research and development center to
conduct a study to identify low-level military training routes and
special use airspace that may be used by the Department of Defense to
conduct realistic training over and near wind turbines.
(2) Elements.--As part of the study under paragraph (1), the
federally funded research and development center that conducts the study
shall--
(A) identify and define the requirements for military
airspace that may be used for the training described in
paragraph (1), taking into consideration--
(i) the operational and training needs of the Armed
Forces; and
(ii) the threat environments of adversaries of the
United States, including the People's Republic of China;
(B) identify possibilities for combining live, virtual, and
constructive flight training near wind projects, both onshore
and offshore;
(C) describe the airspace inventory required for low-level
training proficiency given current and projected force
structures;
(D) provide recommendations for redesigning and properly
sizing special use air space and military training routes to
combine live and synthetic training in a realistic environment;
(E) describe ongoing research and development programs being
utilized to mitigate effects of wind turbines on low-level
training routes; and
(F) identify current training routes affected by wind
turbines, any previous training routes that are no longer in use
because of wind turbines, and any training routes projected to
be lost due to wind turbines.
(3) Consultation.--In carrying out paragraph (1), the Secretary of
Defense shall consult with--
(A) the Under Secretary of Defense for Personnel and
Readiness;
(B) the Department of Defense Policy Board on Federal
Aviation; and
(C) the Federal Aviation Administration.
(4) Submittal to dod.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the federally funded research and
development center that conducts the study under paragraph (1)
shall submit to the Secretary of Defense a report on the results
of the study.
(B) Form.--The report under paragraph (1) shall be submitted
in unclassified form but may include a classified annex.
(5) Submittal to congress.--Not later than 60 days after the date on
which the Secretary of Defense receives the report under paragraph (4),
the Secretary shall submit to the appropriate congressional committees
an unaltered copy of the report together with any comments the Secretary
may have with respect to the report.
(b) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means the
following:
(A) The congressional defense committees.
(B) The Committee on Transportation and Infrastructure of
the House of Representatives.
(C) The Committee on Commerce, Science, and Transportation
of the Senate.
(2) The term ``affected by wind turbines'' means a situation in
which the presence of wind turbines in the area of a low-level military
training route or special use airspace--
(A) prompted the Department of Defense to alter a testing
and training mission or to reduce previously planned training
activities; or
(B) prevented the Department from meeting testing and
training requirements.
SEC. 1063. ANNUAL REPORTS ON SAFETY UPGRADES TO THE HIGH MOBILITY MULTIPURPOSE
WHEELED VEHICLE FLEETS.
(a) Annual Reports.--Not later than March 1, 2023, and annually thereafter
until the date specified in subsection (c), the Secretaries of the Army, Navy,
and Air Force shall each submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the installation of safety
upgrades to the high mobility multipurpose wheeled vehicle fleets under the
jurisdiction of the Secretary concerned, including anti-lock brakes, electronic
stability control, and fuel tanks.
(b) Matters for Inclusion.--Each report required under subsection (a) shall
include, for the year covered by the report, each of the following:
(1) The total number of safety upgrades necessary for the high
mobility multipurpose wheeled vehicle fleets under the jurisdiction of
the Secretary concerned.
(2) The total cumulative number of such upgrades completed prior to
the year covered by the report.
(3) A description of any such upgrades that were planned for the
year covered by the report.
(4) A description of any such upgrades that were made during the
year covered by the report and, if the number of such upgrades was less
than the number of upgrades planned for such year, an explanation of the
variance.
(5) If the total number of necessary upgrades has not been made, a
description of the upgrades planned for each year subsequent to the year
covered by the report.
(c) Termination.--No report shall be required under this section after March
1, 2026.
SEC. 1064. DEPARTMENT OF DEFENSE DELAYS IN PROVIDING COMMENTS ON GOVERNMENT
ACCOUNTABILITY OFFICE REPORTS.
(a) Reports Required.--Not later than 180 days after the date of the
enactment of this Act, and once every 180 days thereafter until the date that is
2 years after the date of the enactment of this Act, the Comptroller General of
the United States shall submit to the congressional defense committees a report
on the extent to which the Department of Defense provided comments and
sensitivity and security reviews (for drafts tentatively identified as
containing controlled unclassified information or classified information) in a
timely manner and in accordance with the protocols of the Government
Accountability Office during the 180-day period preceding the date of the
submittal of the report.
(b) Requirements for GAO Report.--Each report under subsection (a) shall
include the following information for the period covered by the report:
(1) The number of draft Government Accountability Office reports for
which the Government Accountability Office requested comments from the
Department of Defense, including an identification of the reports for
which a sensitivity or security review was requested (separated by
reports potentially containing only controlled unclassified information
and reports potentially containing classified information) and the
reports for which such a review was not requested.
(2) The median and average number of days between the date of the
request for Department of Defense comments and the receipt of such
comments.
(3) The average number of days between the date of the request for a
Department of Defense sensitivity or security review and the receipt of
the results of such review.
(4) In the case of any such draft report for which the Department of
Defense failed to provide such comments or review within 30 days of the
request for such comments or review--
(A) the number of days between the date of the request and
the receipt of such comments or review; and
(B) a unique identifier, for purposes of identifying the
draft report.
(5) In the case of any such draft report for which the Government
Accountability Office provided an extension to the Department of
Defense--
(A) whether the Department provided the comments or review
within the time period of the extension; and
(B) a unique identifier, for purposes of identifying the
draft report.
(6) Any other information the Comptroller General determines
appropriate.
(c) DOD Responses.--Not later than 30 days after the Comptroller General
submits a report under subsection (a), the Secretary of Defense shall submit to
the congressional defense committees a response to such report that includes
each of the following:
(1) An identification of factors that contributed to any delays
identified in the report with respect to Department of Defense comments
and sensitivity or security reviews requested by the Government
Accountability Office.
(2) A description of any actions the Department of Defense has taken
or plans to take to address such factors.
(3) A description of any improvements the Department has made in the
ability to track timeliness in providing such comments and sensitivity
or security reviews.
(4) Any other information the Secretary determines relevant to the
information contained in the report submitted by the Comptroller
General.
SEC. 1065. JUSTIFICATION FOR TRANSFER OR ELIMINATION OF CERTAIN FLYING MISSIONS.
Prior to the relocation or elimination of any flying mission that involves
50 personnel or more assigned to a unit performing that mission, either with
respect to an active or reserve component of a military department, the
Secretary of Defense shall submit to the congressional defense committees a
report describing the justification of the Secretary for the decision to
relocate or eliminate such flying mission. Such report shall include each of the
following:
(1) A description of how the decision supports the national defense
strategy, the national military strategy, the North American Aerospace
Defense Command strategy, and other relevant strategies.
(2) A specific analysis and metrics supporting such decision.
(3) An analysis and metrics to show that the elimination or
relocation of the flying mission would not negatively affect broader
mission sets, such as the homeland defense mission.
(4) A plan for how the Department of Defense intends to fulfill or
continue to meet the mission requirements of the eliminated or relocated
flying mission.
(5) An assessment of the effect of the elimination or relocation on
the national defense strategy, the national military strategy, the North
American Aerospace Defense Command strategy, and broader mission sets,
such as the homeland defense mission.
(6) An analysis and metrics to show that the elimination or
relocation of the flying mission and its secondary and tertiary impacts
would not degrade capabilities and readiness of the Joint Force.
(7) An analysis and metrics to show that the elimination or
relocation of the flying mission would not negatively affect the
continental United States national airspace system.
SEC. 1066. REPORTS ON UNITED STATES MILITARY FORCE PRESENCE IN EUROPE.
(a) Report on United States Military Force Posture and Resourcing
Requirements in Europe.--
(1) In general.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing an assessment of
the United States military force posture requirements for the United
States European Command to support the following objectives:
(A) Implementation of the national defense strategy under
section 113(g) of title 10, United States Code, with respect to
the area of responsibility of the United States European
Command.
(B) Fulfillment of the commitments of the United States to
NATO operations, missions, and activities, as modified and
agreed upon at the 2022 Madrid Summit.
(C) Reduction of the risk of executing the contingency plans
of the Department of Defense.
(2) Elements.--The report required under paragraph (1) shall include
the following:
(A) For the Army, the Navy, the Air Force, the Marine Corps,
and the Space Force and for each warfighting domain, a
description of the force structure and posture of assigned and
allocated forces in Europe, including consideration of the
balance of permanently stationed forces and forces rotating from
the United States, to support the objectives described in
paragraph (1).
(B) An assessment of the military training and all domain
exercises to support such objectives, including--
(i) training and exercises on interoperability; and
(ii) joint activities with allies and partners.
(C) An assessment of logistics requirements, including
personnel, equipment, supplies, pre-positioned storage, host
country support and agreements, and maintenance needs, to
support such objectives.
(D) An identification of required infrastructure,
facilities, and military construction investments to support
such objectives.
(E) A description of the requirements for United States
European Command integrated air and missile defense throughout
the area of responsibility of the United States European
Command.
(F) An assessment of United States security cooperation
activities and resources required to support such objectives.
(G) A detailed assessment of the resources necessary to
address the elements described in subparagraphs (A) through (F),
categorized by the budget accounts for--
(i) procurement;
(ii) research, development, test, and evaluation;
(iii) operation and maintenance;
(iv) military personnel; and
(v) military construction.
(H) The projected timeline to achieve fulfillment of each
such element.
(I) Any other information the Secretary considers relevant.
(3) Form.--The report required under paragraph (1) may be submitted
in classified form, but, if so, it shall include an unclassified
summary.
(b) Quarterly Reports on Expenditures for Planning and Design of
Infrastructure to Support Permanent United States Force Presence on Europe's
Eastern Flank.--
(1) In general.--The Commander of United States European Command
shall submit to the congressional defense committees quarterly reports
on the use of the funds described in paragraph (3) until the date on
which all such funds are expended.
(2) Contents.--Each report required under paragraph (1) shall
include an expenditure plan for the establishment of infrastructure to
support a permanent United States force presence in the covered region.
(3) Funds described.--The funds described in this paragraph are the
amounts authorized to be appropriated or otherwise made available for
fiscal year 2023 for--
(A) Operation and Maintenance, Air Force, for Advanced
Planning for Infrastructure to Support Presence on NATO's
Eastern Flank;
(B) Operation and Maintenance, Army, for Advanced Planning
for Infrastructure to Support Presence on NATO's Eastern Flank;
and
(C) Military Construction, Defense-wide, Planning & Design:
EUCOM-Infrastructure to Support Presence on NATO's Eastern
Flank.
(D) Military Construction, Defense-wide, Exercise-related
Minor Construction: EUCOM.
(4) Covered region.--In this subsection, the term ``covered region''
means Romania, Poland, Lithuania, Latvia, Estonia, Hungary, Bulgaria,
the Czech Republic, and Slovakia.
SEC. 1067. REPORT ON DEPARTMENT OF DEFENSE PRACTICES REGARDING DISTINCTION
BETWEEN COMBATANTS AND CIVILIANS IN UNITED STATES MILITARY
OPERATIONS.
(a) Report.--The Civilian Protection Center of Excellence of the Department
of Defense, as established under section 184 of title 10, United States Code, as
added by section 1082 of this Act, shall seek to enter into an agreement with an
appropriate federally funded research and development center to develop an
independent report on Department of Defense practices regarding distinguishing
between combatants and civilians in United States military operations.
(b) Elements.--The report required under subsection (a) shall include the
following matters:
(1) A description of how the Department of Defense has
differentiated between combatants and civilians in both ground and air
operations since 2001, including in Afghanistan, Iraq, Syria, Somalia,
Libya, and Yemen, including--
(A) relevant policy and legal standards and how these
standards were implemented in practice; and
(B) target engagement criteria.
(2) A description of how the Department of Defense has
differentiated between combatants and civilians when assessing
allegations of civilian casualties since 2001, including in Afghanistan,
Iraq, Syria, Somalia, Libya, and Yemen, including--
(A) relevant policy and legal standards and the factual
indicators these standards were applied to in assessing claims
of civilian casualties; and
(B) any other matters the Secretary of Defense determines
appropriate.
(c) Submission of Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report setting forth an unaltered copy of the
federally funded research and development center assessment required under this
section, together with the views of the Secretary on the assessment.
(d) Definition of United States Military Operation.--In this section, the
term ``United States military operations'' includes any mission, strike,
engagement, raid, or incident involving the United States Armed Forces.
SEC. 1068. REPORT ON STRATEGY AND IMPROVEMENT OF COMMUNITY ENGAGEMENT EFFORTS OF
ARMED FORCES IN HAWAII.
(a) In General.--In an effort to better meet the future force posture needs
within the Indo-Pacific area of responsibility, the Commander of the United
States Indo-Pacific Command, in collaboration with the Assistant Secretary of
Defense for Energy, Installations, and Environment, installation commanders, and
the relevant theater component commanders, shall--
(1) develop and implement a holistic strategy to--
(A) improve, standardize, and coordinate the engagement
efforts of the military with the local community in Hawaii; and
(B) effectively communicate with such community for the
purpose of enhancing readiness; and
(2) enhance coordinated community engagement efforts (as described
in section 587 of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81)) in Hawaii.
(b) Report Required.--Not later than one year after the date of the
enactment of this Act, the Commander shall submit to the congressional defense
committees a report on the strategy and enhanced engagement efforts implemented
pursuant to subsection (a). Such report shall include each of the following:
(1) The plan of the Commander for conducting education and training
programs relating to consultation and engagement with the local and
native Hawaiian community, including--
(A) a description of the outreach activities conducted
during fiscal years 2023 and 2024; and
(B) a description of the extent to which members of the
local and native Hawaiian community have been involved in
development of curricula, tentative dates, locations, required
attendees, and topics for the education and training programs.
(2) A list of all local and native Hawaiian community groups
involved or expected to be consulted in the process of updating
Department of Defense Instruction 4710.03 (or any successor document).
(3) Recommendations for improving Department of Defense Instruction
4710.03 to reflect best practices and provide continuity across the
military departments with respect to the practices, policies, training,
and personnel related to consultation with the local and native Hawaiian
community.
(4) A timeline for issuing the next update or successor document to
Department of Defense Instruction 4710.03.
(5) Recommendations for the enhancement and expansion of--
(A) Department of Defense education and training programs
relating to consultation and engagement with the local and
Native Hawaiian community; and
(B) outreach activities for all commands and installations
in Hawaii.
(c) Theater Component Commander.--In this section, the term ``theater
component commander'' has the meaning given such term in section 1513(8) of
title 10, United States Code.
SEC. 1069. REPORT ON DEPARTMENT OF DEFENSE MILITARY CAPABILITIES IN THE
CARIBBEAN.
(a) In General.--Not later than one year after the date of the enactment of
this Act, the Secretary of Defense, in consultation with the Secretary of State
and the Secretary of Homeland Security, shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on United States
military posture and capabilities in the Caribbean basin, particularly in and
around Puerto Rico and the United States Virgin Islands.
(b) Elements.--The report required by subsection (a) shall include the
following:
(1) An assessment of United States military force posture and
capabilities in the Caribbean basin.
(2) An assessment of the feasibility, desirability, and cost of
increasing United States military posture and capabilities in the
Caribbean basin to--
(A) enhance access and influence and provide forward-
deployed capabilities to effectively implement the national
defense strategy and support strategic competition with China
and Russia;
(B) ensure, to the greatest extent possible, that United
States Northern Command and United States Southern Command have
the necessary assets to support the defense of the United States
homeland;
(C) confront the threats posed by transnational criminal
organizations and illicit trafficking in the Caribbean basin,
including by supporting interagency partners in disrupting and
degrading illicit trafficking into the United States;
(D) improve surveillance capabilities and maximize the
effectiveness of counter-trafficking operations in the Caribbean
region;
(E) ensure, to the greatest extent possible, that United
States Northern Command and United States Southern Command have
the assets necessary to detect, interdict, disrupt, or curtail
illicit narcotics and weapons trafficking activities within
their respective areas of operations in the Caribbean basin;
(F) respond to malign influences of foreign governments,
particularly including non-market economies, in the Caribbean
basin that harm United States national security and regional
security interests in the Caribbean basin and in the Western
Hemisphere; and
(G) strengthen the ability of the security sector of partner
nations in the Caribbean basin to respond to, and become more
resilient in the face of, major humanitarian or natural
disasters, including to ensure critical infrastructure and ports
can come back online rapidly following disasters.
(c) Form of Report.--The report required under subsection (a) shall be
submitted in unclassified form without any designation relating to dissemination
control, but may include a classified annex.
SEC. 1070. QUARTERLY BRIEFINGS ON DEPARTMENT OF DEFENSE SUPPORT FOR CIVIL
AUTHORITIES TO ADDRESS IMMIGRATION AT THE SOUTHWEST BORDER.
Not later than 30 days after the date of the enactment of this Act, and
every 90 days thereafter through December 31, 2024, the Assistant Secretary of
Defense for Homeland Defense or another Assistant Secretary of Defense, as
appropriate, shall provide an unclassified briefing to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House of
Representatives, with a classified component, if necessary, regarding--
(1) Department of Defense planning to address current and
anticipated border support mission requirements as part of the
Department of Defense's annual planning, programming, budgeting, and
execution process;
(2) any Department of Defense risk assessment with respect to the
safety of Department of Defense personnel conducted in evaluating any
request for assistance from the Department of Homeland Security during
the quarter covered by the briefing;
(3) any Department of Defense efforts, or updates to existing
efforts, to cooperate with Mexico with respect to border security;
(4) the type of support that is currently being provided by the
Department of Defense along the southwest border of the United States;
(5) the effect of such efforts and support on National Guard
readiness; and
(6) any recommendations of the Department of Defense regarding the
modification of the support provided by the Department of Defense to the
Department of Homeland Security at the southwest border.
SEC. 1071. ANNUAL REPORT ON PROCUREMENT OF EQUIPMENT BY STATE AND LOCAL
GOVERNMENTS THROUGH THE DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense, in coordination with the
Administrator of General Services, shall submit to the Committees on Armed
Services of the Senate and House of Representatives an annual report that
includes current information on the purchase of equipment under the procedures
established under section 281(a) of title 10, United States Code, and the
recipients of such equipment.
(b) Matters for Inclusion.--Each report under subsection (a) shall include
the following for the year covered by the report:
(1) The catalog of equipment available for purchase under subsection
(c) of section 281 of title 10, United States Code.
(2) For each purchase of equipment under the procedures established
under subsection (a) of such section--
(A) the recipient State or unit of local government;
(B) the type of equipment;
(C) the cost of the equipment; and
(D) the administrative costs under subsection (b) of such
section.
(3) Such other information the Secretary determines is necessary.
(c) Termination.--The requirement to submit a report under subsection (a)
shall terminate on the date that is five years after the date of the enactment
of this Act.
SEC. 1072. BRIEFING ON FINANCIAL OVERSIGHT OF CERTAIN EDUCATIONAL INSTITUTIONS
RECEIVING DEPARTMENT OF DEFENSE FUNDS.
Not later than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall provide to the Committees on Armed Services of the
Senate and the House of Representatives a briefing on the methods used to assess
the eligibility of educational institutions for the receipt of payments under
the payment method described in section 668.162(d) of title 34, Code of Federal
Regulations (as in effect on the date of the enactment of this Act).
SEC. 1073. REPORT ON EFFECTS OF CERTAIN ETHICS REQUIREMENTS ON DEPARTMENT OF
DEFENSE HIRING, RETENTION, AND OPERATIONS.
(a) Study.--
(1) In general.--The Secretary of Defense shall seek to enter into
an agreement with a federally funded research and development center
under which the center shall conduct a study to assess whether the
covered ethics requirements have had an effect on--
(A) the hiring or retention of personnel at the Department
of Defense, particularly those persons with specialized
experience or training; and
(B) the ability of the Department of Defense to detect,
deter, prevent, and redress violations of the Standards of
Ethical Conduct for Employees of the Executive Branch and
applicable statutory and regulatory ethics requirements,
including conflicts of interest, by Department of Defense
personnel.
(2) Elements.--A study conducted pursuant to paragraph (1) shall
include the following elements:
(A) An examination of how the covered ethics requirements
are inconsistent or incongruent with ethics statutes, and any
implementing regulations, that apply to all executive branch
employees.
(B) An examination of the relative degrees of risk
associated with the potential for violations of ethical
standards at the Department of Defense and those associated with
the potential for such violations at other Federal agencies, and
an analysis of whether ethical standards that are applied
exclusively to Department of Defense personnel are justified.
(C) An examination of how covered ethics requirements have
affected, or are likely to affect, the hiring and retention of
personnel, particularly those persons with specialized
experience or training, at the Department of Defense in
comparison to other Federal agencies that are not subject to
such requirements. The examination shall account for any
relevant differences between the Department of Defense and other
Federal departments and agencies within the executive branch and
shall use analytical methods to control for any variables that
may affect the comparative results.
(D) An examination of how any confusion in the
interpretation of the requirement referred to in paragraph
(3)(B) may have affected, or is likely to affect--
(i) the hiring or retention of personnel,
particularly those persons with specialized experience
or training, at the Department of Defense; and
(ii) the ability of the Department of Defense to
detect, deter, prevent, and redress violations of
ethical standards, including conflicts of interest, by
Department of Defense personnel.
(E) An examination of how the ethics requirements referred
to in subparagraphs (B) and (C) of paragraph (3) may affect the
ability of the Department of Defense to obtain expertise from
industry and other groups in support of technology development,
supply chain security, and other national security matters.
(F) An examination of whether the removal or alteration of
any covered ethics requirement may adversely affect the ability
of the Department of Defense to detect, deter, prevent, and
redress violations of ethical standards, including conflicts of
interest, by Department of Defense personnel.
(G) An examination of whether the removal or alteration of
any covered ethics requirement may adversely affect the ability
of the Department of Defense to negotiate and effectuate arms-
length transactions.
(H) Any suggested changes to any covered ethics requirement
to further the establishment and maintenance of ethical
standards, while also supporting the ability of the Department
of Defense to hire and retain personnel and obtain expertise
from academia, think tanks, industry, and other groups to
support national security.
(3) Covered ethics requirements.--In this section, the term
``covered ethics requirement'' means each of the requirements under the
following provisions of law:
(A) Section 847 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 1701 note).
(B) Section 1045 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 971 note
prec.).
(C) Section 1117 of the National Defense Authorization Act
for Fiscal Year 2022 (10 U.S.C. 971 note prec.).
(D) Section 988 of title 10, United States Code.
(b) Report.--
(1) In general.--An agreement entered into under subsection (a)
shall provide that the federally funded research and development center
shall submit to the Secretary a report containing the results of the
study conducted under the agreement by not later than one year after the
date of the enactment of this Act.
(2) Transmittal to congress.--Not later than 30 days after the
Secretary receives the report under paragraph (1), the Secretary shall
transmit a copy of the report to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives.
(3) Secretary of defense evaluation.--The Secretary shall submit
with the report transmitted pursuant to paragraph (2) an evaluation of
each change suggested pursuant to subsection (a)(2)(H). The evaluation
shall include--
(A) a determination of whether the Secretary concurs with
each suggested change;
(B) an assessment of the potential effects of each suggested
change on the ability of the Department of Defense to hire or
retain personnel at the Department of Defense, particularly
those persons with specialized experience or training;
(C) an assessment of the potential effects of each suggested
change on the ability of the Department of Defense to detect,
deter, prevent, or redress violations of ethical standards,
including conflicts of interest; and
(D) any other information that the Secretary determines to
be appropriate.
SEC. 1074. JOINT CONCEPT FOR COMPETING.
(a) In General.--Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall develop a Joint Concept for Competing.
(b) Purposes.--The purposes of the Joint Concept for Competing are to--
(1) define the roles and missions of the Department of Defense in
long-term strategic competition with specific competitors;
(2) conceptualize the employment of joint forces capabilities to
deter adversarial military action by strategic competitors;
(3) describe the manner in which the Department of Defense will use
its forces, capabilities, posture, indications and warning systems, and
authorities to protect United States national interests in the course of
participating in long-term strategic competition, including through--
(A) departmental efforts to integrate Department of Defense
roles and missions with other instruments of national power;
(B) security cooperation with partners and allies; and
(C) operations relating to long-term strategic competition,
particularly below the threshold of traditional armed conflict;
(4) identify priority lines of effort and assign responsibility to
relevant Armed Forces, combatant commands, and other elements of the
Department of Defense for each specified line of effort in support of
the Joint Concept for Competing; and
(5) provide means for integrating and continuously improving the
ability of the Department to engage in long-term strategic competition.
(c) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter for two years, the
Secretary of Defense shall submit to the congressional defense
committees a report on the implementation of the Joint Concept for
Competing.
(2) Elements.--Each report required under paragraph (1) shall
include the following elements:
(A) A detailed description of any actions taken by the
Department of Defense relative to the purposes specified under
subsection (b).
(B) An articulation of any new concepts or strategies
necessary to support the Joint Concept for Competing.
(C) An articulation of any capabilities, resources, or
authorities necessary to implement the Joint Concept for
Competing.
(D) An explanation of the manner in which the Joint Concept
for Competing relates to and integrates with the Joint
Warfighting Concept.
(E) An explanation of the manner in which the Joint Concept
for Competing synchronizes and integrates with efforts of other
departments and agencies of the United States Government to
address long-term strategic competition.
(F) Any other matters the Secretary of Defense determines
relevant.
SEC. 1075. ANALYSIS OF FEASIBILITY AND ADVISABILITY OF RELOCATING MAJOR UNITS OF
THE UNITED STATES ARMED FORCES TO CERTAIN EUROPEAN COUNTRIES.
(a) Report.--Not later than 180 days after the date of enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report on the feasibility and advisability of relocating major
units of the United States Armed Forces to a covered country. Such report shall
include--
(1) a description of commitments made by a covered country to
provide host nation support, including funding for construction and
maintenance of Department of Defense facilities and other actions that
might reduce costs to the Department of Defense associated with hosting
major units of the Armed Forces in such covered country;
(2) an estimate of the expenses associated with the relocation of
major units of the Armed Forces from current host nation locations, as
well as a description of any benefits that would be derived from
colocating such units with existing United States or multinational
forces at current host nation locations;
(3) a description of the extent to which positioning major units of
the Armed Forces in covered countries would provide greater operational
benefit than keeping such units in current locations, including an
analysis of--
(A) the geographic significance of covered countries;
(B) any capabilities the host nation may offer, such as air
defense or base security or terms under which the United States
may use facilities on their territory; and
(C) an analysis of the risks associated with the relocation
of such units to covered countries;
(4) a description of any engagements at the Under Secretary level or
higher with an official of a covered country with respect to anticipated
major unit movements in the area of responsibility of the United States
European Command during the period covered by the future-years defense
program most recently submitted to Congress pursuant to section 221 of
title 10, United States Code, including--
(A) a description of the engagement with each covered
country during the calendar year preceding the calendar during
which the report is submitted;
(B) a description of any specific requirements identified in
order to host a major unit; and
(C) in the case of a covered country has been determined to
be unsuitable for hosting a major unit of the Armed Forces, a
description of why it was determined unsuitable; and
(5) any other matter the Secretary determines is relevant.
(b) Definitions.--In this section:
(1) The term ``covered country'' means Romania, Poland, Lithuania,
Latvia, Estonia, Hungary, Bulgaria, the Czech Republic, or Slovakia.
(2) The term ``major unit'' means an organizational unit composed of
more than 500 military personnel.
SEC. 1076. REPORT ON EFFECTS OF STRATEGIC COMPETITOR NAVAL FACILITIES IN AFRICA.
(a) In General.--Not later than May 15, 2023, the Secretary of Defense shall
submit to the congressional defense committees a report on the effects of
current or planned covered naval facilities in Africa on the interests of the
Department of Defense.
(b) Elements.--The report required under subsection (a) shall include the
following:
(1) An identification of--
(A) any location in Africa where a covered naval facility
has been established; and
(B) any location in Africa where a covered naval facility is
planned for construction.
(2) A detailed description of--
(A) any agreement entered into between China or Russia and a
country or government in Africa providing for or enabling the
establishment or operation of a covered naval facility in
Africa; and
(B) any efforts by the Department of Defense to change force
posture, deployments, or other activities in Africa as a result
of current or planned covered naval facilities in Africa.
(3) An assessment of--
(A) the effect that each current covered naval facility has
had on Department of Defense interests in and around Africa,
including Department of Defense operational plans in the areas
of responsibility of geographic combatant commands other than
United States Africa Command;
(B) the effect that each planned covered naval facility is
expected to have on Department of Defense interests in and
around Africa, including Department of Defense operational plans
in the areas of responsibility of geographic combatant commands
other than United States Africa Command;
(C) the policy objectives of China and Russia in
establishing current and future covered naval facilities at the
locations identified under paragraph (1); and
(D) the specific military capabilities supported by each
current or planned covered naval facility.
(c) Form of Report.--The report required under subsection (a) shall be
submitted in unclassified form without any designation relating to dissemination
control, but may include a classified annex.
(d) Definitions.--In this section:
(1) The term ``Africa'' means all countries in the area of
operations of United States Africa Command and Egypt.
(2) The term ``covered naval facility'' means a naval facility
owned, operated, or otherwise controlled by the People's Republic of
China or the Russian Federation.
(3) The term ``naval facility'' means a naval base, civilian sea
port with dual military uses, or other facility intended for the use of
warships or other naval vessels for refueling, refitting, resupply,
force projection, or other military purposes.
Subtitle G--Other Matters
SEC. 1081. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is amended
as follows:
(1) The table of chapters at the beginning of subtitle A is amended
by striking the item relating to the second chapter 19 (relating to
cyber matters).
(2) Section 113 is amended--
(A) in subsection (l)(2)(F), by inserting a period after
``inclusion in the armed forces''; and
(B) in subsection (m), by redesignating the second paragraph
(8) as paragraph (9).
(3) The section heading for section 2691 is amended by striking
``state'' and inserting ``State''.
(4) Section 3014 is amended by striking ``section 4002(a) or 4003''
and inserting ``section 4021(a) or 4022''.
(5) Section 4423(e) is amended by striking ``section 4003'' and
inserting ``section 4022''.
(6) Section 4831(a) is amended by striking ``section 4002'' and
inserting ``section 4021''.
(7) Section 4833(c) is amended by striking ``section 4002'' and
inserting ``section 4021''.
(b) National Defense Authorization Act for Fiscal Year 2022.--Effective as
of December 27, 2021, and as if included therein as enacted, section 907(a) of
the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81)
is amended by striking ``116-283'' and inserting ``115-232''.
(c) National Defense Authorization Act for Fiscal Year 2020.--Effective as
of December 20, 2019, and as if included therein as enacted, section 905(a)(2)
of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 10 U.S.C. 391 note) is amended by inserting a period at the end.
(d) National Defense Authorization Act for Fiscal Year 2014.--Effective as
of December 26, 2013, and as if included therein as enacted, section
932(c)(2)(D) of the National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 10 U.S.C. 2224 note) is amended by striking ``subsection
(c)(3)'' and inserting ``paragraph (3)''.
(e) Automatic Execution of Conforming Changes to Tables of Sections, Tables
of Contents, and Similar Tabular Entries in Defense Laws.--
(1) Elimination of need for separate conforming amendment.--Chapter
1 of title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 102. Effect of certain amendments on conforming changes to tables of
sections, tables of contents, and similar tabular entries
``(a) Automatic Execution of Conforming Changes.--When an amendment to a
covered defense law adds a section or larger organizational unit to the covered
defense law, repeals or transfers a section or larger organizational unit in the
covered defense law, or amends the designation or heading of a section or larger
organizational unit in the covered defense law, that amendment also shall have
the effect of amending any table of sections, table of contents, or similar
tabular entries in the covered defense law to alter the table to conform to the
changes made by the amendment.
``(b) Exceptions.--Subsection (a) shall not apply to an amendment described
in such subsection when--
``(1) the amendment or a clerical amendment enacted at the same time
expressly amends a table of sections, table of contents, or similar
tabular entries in the covered defense law to alter the table to conform
to the changes made by the amendment; or
``(2) the amendment otherwise expressly exempts itself from the
operation of this section.
``(c) Covered Defense Law.--In this section, the term `covered defense law'
means--
``(1) this title;
``(2) titles 32 and 37;
``(3) any national defense authorization Act that authorizes funds
to be appropriated for a fiscal year to the Department of Defense; and
``(4) any other law designated in the text thereof as a covered
defense law for purposes of application of this section.''.
(2) Conforming amendment.--The heading of chapter 1 of title 10,
United States Code, is amended to read as follows:
``CHAPTER 1--DEFINITIONS, RULES OF CONSTRUCTION, CROSS REFERENCES, AND RELATED
MATTERS''.
(3) Application of amendment.--Section 102 of title 10, United
States Code, as added by paragraph (1), shall apply to the amendments
made by this section and other amendments made by this Act.
(f) Coordination With Other Amendments Made by This Act.--For purposes of
applying amendments made by provisions of this Act other than this section, the
amendments made by this section shall be treated as having been enacted
immediately before any such amendments by other provisions of this Act.
SEC. 1082. DEPARTMENT OF DEFENSE CIVILIAN PROTECTION CENTER OF EXCELLENCE.
(a) Civilian Protection Center of Excellence.--
(1) In general.--Chapter 7 of title 10, United States Code, is
amended by inserting after section 183a the following new section:
``Sec. 184. Civilian Protection Center of Excellence
``(a) Establishment.--The Secretary of Defense shall operate the Civilian
Protection Center of Excellence. The purpose of the Center shall be to--
``(1) serve as the focal point for matters related to civilian
casualties and other forms of civilian harm resulting from military
operations involving the United States Armed Forces; and
``(2) institutionalize and advance knowledge, practices, and tools
for preventing, mitigating, and responding to civilian harm.
``(b) Purpose.--The Center shall be used to--
``(1) develop standardized civilian-harm operational reporting and
data management processes to improve data collection, sharing, and
learning across the Department of Defense;
``(2) develop, recommend, and review guidance, and the
implementation of guidance, on how the Department responds to civilian
harm;
``(3) develop recommended guidance for addressing civilian harm
across the full spectrum of armed conflict and for use in doctrine and
operational plans;
``(4) recommend training and exercises for the prevention and
investigation of civilian harm;
``(5) develop a repository of civilian casualty and civilian harm
information;
``(6) capture lessons learned from assessments and investigations of
civilian casualty incidents and supporting institutionalization of such
lessons learned within policy, doctrine, training, exercises, and
tactics, techniques, and procedures of the Department of Defense;
``(7) support the coordination and synchronization of efforts across
combatant commands, the Department of State, and other relevant United
States Government departments and agencies to prevent, mitigate, and
respond to incidents of civilian harm;
``(8) engage with nongovernmental organizations and civilian
casualty experts; and
``(9) perform such other functions as the Secretary of Defense may
specify.
``(c) Annual Report.--The Secretary of Defense shall submit to the
congressional defense committees, and make publicly available on an appropriate
website of the Department, an annual report on the activities of the Center.''.
(2) Clerical amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
183a the following new item:
``184. Civilian Protection Center of Excellence.''.
(b) Deadline for Establishment.--The Civilian Protection Center of
Excellence, as required under section 184 of title 10, United States Code, as
added by subsection (a), shall be established by not later than 90 days after
the date of the enactment of this Act.
(c) Report to Congress.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the establishment of such Civilian
Protection Center of Excellence.
SEC. 1083. RONALD V. DELLUMS MEMORIAL FELLOWSHIP IN STEM.
Section 4093(f) of title 10, United States Code, is amended by adding at the
end the following new paragraph:
``(3) In coordination with the efforts under paragraph (2), the Secretary of
Defense shall additionally establish a program, which shall be known as the
`Ronald V. Dellums Memorial Fellowship in STEM', to provide financial assistance
under this section to at least 30 students from communities that are
underrepresented in the Department of Defense STEM workforce, not fewer of 50
percent of whom shall attend historically Black colleges and universities and
minority-serving institutions. As part of such program, the Secretary shall
establish an internship program that provides each student who is awarded a
fellowship under this paragraph with an internship in an organization or element
of the Department of Defense, and to the extent practicable, each such student
shall be paired with a mid-level or a senior-level official of the relevant
organization or element of the Department of Defense who shall serve as a mentor
during the internship.''.
SEC. 1084. AMENDMENT TO MEMORIAL FOR MEMBERS OF THE ARMED FORCES KILLED IN
ATTACK ON HAMID KARZAI INTERNATIONAL AIRPORT.
Section 1087 of National Defense Authorization Act for Fiscal Year 2022 (40
U.S.C. 8903 note) is amended by striking ``The Secretary of Defense may'' and
inserting ``The Secretary of Defense shall, not later than 1 year after the date
of enactment of the National Defense Authorization Act for Fiscal Year 2023,''.
SEC. 1085. PUBLIC AVAILABILITY OF COST OF CERTAIN MILITARY OPERATIONS.
Section 1090 of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328) is amended--
(1) by inserting ``(a) Publication of Information.--'' before ``The
Secretary of Defense'';
(2) by striking ``of each of the wars in Afghanistan, Iraq, and
Syria.'' and inserting ``of any contingency operation conducted by the
United States Armed Forces on or after September 18, 2001.''; and
(3) by adding at the end the following new subsections:
``(b) Display of Information.--The information required to be posted under
subsection (a) shall, to the extent practicable--
``(1) be posted directly on the website of the Department of
Defense, in an accessible and clear format;
``(2) include corresponding documentation as links or attachments;
and
``(3) include, for each contingency operation, a list of countries
where the contingency operation has taken place.
``(c) Updates.--The Secretary shall ensure that all the information required
to be posted under subsection (a) is updated by not later than 90 days after the
last day of each fiscal year.
``(d) Contingency Operation Defined.--In this section, the term `contingency
operation' has the meaning given such term in section 101(a)(13) of title 10,
United States Code.''.
SEC. 1086. COMBATING MILITARY RELIANCE ON RUSSIAN ENERGY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) reliance on Russian energy poses a critical challenge for
national security activities in the area of responsibility of the United
States European Command; and
(2) in order to reduce the vulnerability of United States military
facilities to disruptions caused by reliance on Russian energy, the
Department of Defense should establish and implement plans to reduce
reliance on Russian energy for all main operating bases in the area of
responsibility of the United States European Command.
(b) Eliminating Use of Russian Energy.--It shall be the goal of the
Department of Defense to eliminate the use of Russian energy on each main
operating base in the area of responsibility of the United States European
Command by not later than five years after the date of the completion of an
installation energy plan for such base, as required under this section.
(c) Installation Energy Plans for Main Operating Bases.--
(1) Identification of installations.--Not later than June 1, 2023,
the Secretary of Defense shall submit to the congressional defense
committees a list of main operating bases within the area of
responsibility of the United States European Command ranked according to
mission criticality and vulnerability to energy disruption.
(2) Submittal of plans.--Not later than 12 months after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees--
(A) an installation energy plan for each main operating base
on the list submitted under paragraph (1); and
(B) an assessment of the feasibility of reaching the goal
for the elimination of the use of Russian energy pursuant to
subsection (b) on that base, including--
(i) a description of the steps that would be
required to meet such goal; and
(ii) an analysis of the effects such steps would
have on the national security of the United States.
(d) Content of Plans.--Each installation energy plan for a main operating
base shall include each of the following with respect to that base:
(1) An assessment of the energy resilience requirements, resiliency
gaps, and energy-related cybersecurity requirements of the base,
including with respect to operational technology, control systems, and
facilities-related control systems.
(2) An identification of investments in technology required to
improve energy resilience, reduce demand, strengthen energy
conservation, and support mission readiness.
(3) An identification of investments in infrastructure, including
microgrids, required to strengthen energy resilience and mitigate risk
due to grid disturbance.
(4) Recommendations related to opportunities for the use of
renewable energy, clean energy, nuclear energy, and energy storage
projects to reduce dependence on natural gas.
(5) An assessment of how the requirements and recommendations
included pursuant to paragraphs (2) through (4) interact with the energy
policies of the country where the base is located, both at present and
into the future.
(e) Implementation of Plans.--
(1) Deadline for implementation.--Not later than 30 days after the
date on which the Secretary submits an installation energy plan for a
base under subsection (c)(2), the Secretary shall--
(A) begin implementing the plan; and
(B) provide to the congressional defense committees a
briefing on the contents of the plan and the strategy of the
Secretary for implementing the mitigation measures identified in
the plan.
(2) Prioritization of certain projects.--In implementing an
installation energy plan for a base under this section, the Secretary
shall prioritize projects requested under section 2914 of title 10,
United States Code, to mitigate assessed risks and improve energy
resilience, energy security, and energy conservation at the base.
(3) Nonapplication of certain other authorities.--Subsection (d) of
section 2914 of title 10, United States Code, shall not apply with
respect to any project carried out pursuant to this section or pursuant
to an installation energy plan for a base under this section.
(f) Policy for Future Bases.--The Secretary of Defense shall establish a
policy to ensure that any new military base in the area of responsibility of the
United States European Command is established in a manner that proactively
includes the consideration of energy security, energy resilience, and mitigation
of risk due to energy disruption.
(g) Annual Congressional Briefings.--The Secretary of Defense shall provide
to the congressional defense committees annual briefings on the installation
energy plans required under this section. Such briefings shall include an
identification of each of the following:
(1) The actions each main operating base is taking to implement the
installation energy plan for that base.
(2) The progress that has been made toward reducing the reliance of
United States bases on Russian energy.
(3) The steps being taken and planned across the future-years
defense program to meet the goal of eliminating reliance on Russian
energy.
SEC. 1087. ESTABLISHMENT OF JOINT FORCE HEADQUARTERS IN AREA OF OPERATIONS OF
UNITED STATES INDO-PACIFIC COMMAND.
(a) Establishment.--Not later than October 1, 2024, the Secretary of Defense
shall establish a joint force headquarters in the area of operations of United
States Indo-Pacific Command, in accordance with the implementation plan required
under subsection (b).
(b) Implementation Plan and Establishment of Joint Force Headquarters.--
(1) Implementation plan.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees an implementation plan for the
establishment of a joint force headquarters in the area of operations of
United States Indo-Pacific Command to serve as an operational command.
Such plan shall include--
(A) the integration of joint all domain command and control
effects chains and mission command and control, including in
conflicts that arise with minimal warning;
(B) the integration of the capabilities of Assault Breaker
II, developed by the Defense Advanced Research Projects Agency,
and related developmental efforts as they transition to
operational deployment;
(C) the exercise of other joint all domain command and
control capabilities and functions; and
(D) such other missions and operational tasks as the
Secretary determines appropriate.
(2) Elements.--The plan required by paragraph (1) shall include each
of the following with respect to the joint force headquarters to be
established:
(A) A description of the operational chain of command.
(B) An identification of the manning and resourcing
required, relative to assigned missions, particularly the
sources of personnel required.
(C) A description of the mission and lines of effort.
(D) A description of the relationship with existing entities
in United States Indo-Pacific Command, including an assessment
of complementary and duplicative activities with such entities
and the joint force headquarters.
(E) An identification of supporting infrastructure required.
(F) Such other matters as the Secretary considers
appropriate.
(c) Support for Joint Force Headquarters.--The commander of the joint force
headquarters established under this section shall be supported by the United
States Indo-Pacific Command subordinate unified commands, subordinate component
commands, standing joint task force, and the Armed Forces.
(d) Annual Report Required.--
(1) In general.--Not later than one year after the date of the
establishment of the joint force headquarters required under subsection
(a), and not less frequently than once each year thereafter until
December 31, 2028, the Secretary of Defense shall submit to the
congressional defense committees an annual report on the joint force
headquarters established under this section.
(2) Contents.--Each report submitted under paragraph (1) shall
include the following:
(A) A description of the mission and lines of effort of the
joint force headquarters.
(B) An accounting of the personnel and other resources
supporting the joint force headquarters, including support
external to the headquarters.
(C) A description of the operational chain of command of the
joint force headquarters.
(D) An assessment of the manning and resourcing of the joint
force headquarters, relative to assigned missions.
(E) A description of the relationship with existing entities
in Indo-Pacific Command, including an assessment of
complementary and duplicative activities with such entities and
the joint force headquarters.
(3) Form.--Each report submitted under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 1088. NATIONAL TABLETOP EXERCISE.
(a) Requirement.--Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall conduct a tabletop exercise designed to
assess the resiliency of United States domestic critical infrastructure
supporting United States military requirements in the event of a military
contingency involving Taiwan.
(b) Elements.--A tabletop exercise under this section shall be designed to
evaluate the following elements:
(1) The resilience of domestic critical infrastructure and
logistical chokepoints necessary for the United States Armed Forces to
respond to a contingency involving Taiwan, including an assessment of
the mobility of the United States Armed Forces in the event of attacks
upon such infrastructure.
(2) Federal Government response options to ensure the viability of
domestic critical infrastructure in the event of a military contingency
involving Taiwan.
(3) The ability of the United States Armed Forces, with the armed
forces of United States allies and partners, to resist any resort to
force or other form of coercion by an aggressor in the event of a
military contingency involving Taiwan, if domestic critical
infrastructure is compromised.
(4) The importance of nonmilitary actions, including economic and
financial measures, by the United States, with United States allies and
partners, to deter and, if necessary, respond to a contingency involving
Taiwan.
(c) Consultation Requirement.--In carrying out this section, the Secretary
shall consult with the heads of other appropriate Federal departments and
agencies, as the Secretary determines appropriate.
(d) Briefing.--
(1) In general.--Not later than 90 days after the date on which a
tabletop exercise is conducted under this section, the Secretary shall
provide to the appropriate congressional committees a briefing on the
exercise.
(2) Contents.--A briefing under paragraph (1) shall include--
(A) an assessment of the decision-making, capability, and
response gaps observed in the tabletop exercise; and
(B) recommendations to improve the resiliency of, and reduce
vulnerabilities in, the domestic critical infrastructure of the
United States in the event of a military contingency involving
Taiwan.
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Oversight and Reform of
the House of Representatives; and
(B) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Homeland Security and
Government Affairs of the Senate.
(2) The term ``tabletop exercise'' means an activity--
(A) in which key personnel assigned high-level roles and
responsibilities are gathered to deliberate various simulated
emergency or rapid response situations; and
(B) that is designed to be used to assess the adequacy of
plans, policies, procedures, training, resources, and
relationships or agreements that guide prevention of, response
to, and recovery from a defined event.
SEC. 1089. PERSONNEL SUPPORTING THE OFFICE OF THE ASSISTANT SECRETARY OF DEFENSE
FOR SPECIAL OPERATIONS AND LOW INTENSITY CONFLICT.
(a) Plan Required.--Not later than 30 days after the date of the completion
of the manpower study required by the Joint Explanatory Statement accompanying
the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81),
the Secretary of Defense shall submit to the congressional defense committees a
plan for adequately staffing the Office of the Assistant Secretary of Defense
for Special Operations and Low Intensity Conflict to fulfill the requirements of
section 138(b)(2)(A)(i) of title 10, United States Code, for exercising
authority, direction, and control of all special-operations peculiar
administrative matters relating to the organization, training, and equipping of
special operations forces.
(b) Additional Information.--The Secretary shall ensure the plan required
under subsection (a) is informed by the manpower study required by the Joint
Explanatory Statement accompanying the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81).
(c) Elements.--The plan required under subsection (a) shall include the
following elements:
(1) A validated number of personnel necessary to fulfill the
responsibilities of the Secretariat for Special Operations outlined in
section 139b of title 10, United States Code, and associated funding
across the future-years defense program submitted to Congress under
section 221 of title 10, United States Code.
(2) A hiring plan with milestones for gradually increasing the
number of required personnel.
(3) A breakdown of the optimal mix of required military, civilian,
and contractor personnel.
(4) An analysis of the feasibility and advisability of assigning a
member of the Senior Executive Service to serve as the Deputy Director
of the Secretariat for Special Operations.
(5) An identification of any anticipated funding shortfalls for
personnel supporting the Secretariat for Special Operations across the
future-years defense program submitted to Congress under section 221 of
title 10, United States Code.
(6) Any other matters the Secretary determines relevant.
SEC. 1090. SENSE OF CONGRESS ON REDESIGNATION OF THE AFRICA CENTER FOR STRATEGIC
STUDIES AS THE JAMES M. INHOFE CENTER FOR AFRICA STRATEGIC
STUDIES.
It is the sense of Congress that--
(1) Senator James M. Inhofe--
(A) has, during his more than three decades of service in
the United States Congress--
(i) demonstrated a profound commitment to
strengthening United States-Africa relations; and
(ii) been one of the foremost leaders in Congress on
matters related to United States-Africa relations;
(B) was a key advocate for the establishment of United
States Africa Command; and
(C) has conducted 170 visits to countries in Africa; and
(2) as a recognition of Senator Inhofe's long history of engaging
with, and advocating for, Africa, the Department of Defense Africa
Center for Strategic Studies should be renamed the James M. Inhofe
Center for Africa Strategic Studies.
SEC. 1091. INTEGRATION OF ELECTRONIC WARFARE INTO TIER 1 AND TIER 2 JOINT
TRAINING EXERCISES.
(a) In General.--During fiscal years 2023 through 2027, the Chairman of the
Joint Chiefs of Staff shall require that offensive and defensive electronic
warfare capabilities be integrated into Tier 1 and Tier 2 joint training
exercises.
(b) Requirement to Include Opposing Force.--The Chairman shall require
exercises conducted under subsection (a) to include an opposing force design
based on a current intelligence assessment of the electromagnetic order of
battle and capabilities of an adversary.
(c) Waiver.--The Chairman may waive the requirements under subsections (a)
and (b) with respect to an exercise if the Chairman determines that--
(1) the exercise does not require--
(A) a demonstration of electronic warfare capabilities; or
(B) a militarily significant threat from electronic warfare
attack; or
(2) the integration of offensive and defensive electronic warfare
capabilities into the exercise is cost prohibitive or not technically
feasible based on the overall goals of the exercise.
(d) Briefing Required.--Concurrent with the submission of the budget of the
President to Congress pursuant to section 1105(a) of title 31, United States
Code, for each of fiscal years 2023 through 2027, the Chairman shall provide to
the congressional defense committees a briefing on exercises conducted under
subsection (a) that includes--
(1) a description of such exercises planned and included in the
budget submission for that fiscal year; and
(2) the results of each such exercise conducted in the preceding
fiscal year, including--
(A) the extent to which offensive and defensive electronic
warfare capabilities were integrated into the exercise;
(B) an evaluation and assessment of the exercise to
determine the impact of the opposing force on the participants
in the exercise, including--
(i) joint lessons learned;
(ii) high interest training issues; and
(iii) high interest training requirements; and
(C) whether offensive and defensive electronic warfare
capabilities were part of an overall joint fires and, if so, a
description of how such capabilities were incorporated into the
joint fires.
(e) Definitions.--In this section:
(1) The term ``electromagnetic order of battle'' has the meaning
given that term in Joint Publication 3-85 titled ``Joint Electromagnetic
Spectrum Operations'', dated May 2020.
(2) The terms ``high interest training issue'', ``high interest
training requirement'', ``Tier 1'', and ``Tier 2'' have the meanings
given those terms in the Joint Training Manual for the Armed Forces of
the United States (Document No. CJCSM 3500.03E), dated April 20, 2015.
(3) The term ``joint fires'' has the meaning given that term in the
publication of the Joint Staff titled ``Insights and Best Practices
Focus Paper on Integration and Synchronization of Joint Fires'', dated
July 2018.
SEC. 1092. NATIONAL COMMISSION ON THE FUTURE OF THE NAVY.
(a) Establishment.--
(1) In general.--There is established an independent commission in
the legislative branch to be known as the ``Commission on the Future of
the Navy'' (in this section referred to as the ``Commission'').
(2) Duties of commission.--
(A) Study on naval force structure.--
(i) In general.--The Commission shall undertake a
comprehensive study of the structure of the Navy and
policy assumptions related to the size and force mixture
of the Navy, in order--
(I) to make recommendations on the size and
force mixture of ships; and
(II) to make recommendations on the size and
force mixture of naval aviation.
(ii) Considerations.--In undertaking the study
required by this subsection, the Commission shall carry
out each of the following:
(I) An evaluation and identification of a
structure for the Navy that--
(aa) has the depth and scalability
to meet current and anticipated
requirements of the combatant commands;
(bb) assumes four different funding
levels of: fiscal year 2023 appropriated
plus inflation; fiscal year 2023
appropriated with 3-5 percent real
growth; such as is necessary to build,
man, maintain and modernize the fleet
required by section 1025 of the National
Defense Authorization Act for 2018
(Public Law 115-91); and notionally
unconstrained to meet the needs of the
National Defense Strategy including a
particular focus on the areas of
responsibility of United States Indo-
Pacific Command and United States
European Command;
(cc) ensures that the Navy has the
capacity needed to support current and
anticipated homeland defense and
disaster assistance missions in the
United States;
(dd) provides for sufficient numbers
of members of the Navy to ensure a 115
percent manning level of all deployed
ships and not less than a 90 percent
manning level at any point in time;
(ee) provides a sustainable force
generation model with the associated
rotational presence, personnel,
training, and maintenance assumptions;
(ff) identifies forward basing and
stationing requirements; and
(gg) identifies potential strategic
and operational risk tradeoffs and makes
recommendations among readiness,
efficiency, effectiveness, capability,
and affordability.
(II) An evaluation and identification of
combatant command demand and fleet size,
including recommendations to support--
(aa) readiness;
(bb) training;
(cc) routine ship maintenance;
(dd) personnel;
(ee) forward presence;
(ff) depot level ship maintenance;
and
(gg) fleet modernization.
(III) A detailed review of the cost of the
recapitalization of the Nuclear Triad in the
Department of Defense and its effect on the
Navy's budget.
(IV) A review of Navy personnel policies and
training to determine changes needed across all
personnel activities to improve training
effectiveness and force tactical readiness and
reduce operational stress.
(B) Study on shipbuilding and innovation.--
(i) In general.--The Commission shall conduct a
study on shipbuilding, new construction, and repair
shipyards, and opportunities to better integrate
advanced technologies such as augmented reality and
artificial intelligence in the fleet.
(ii) Considerations.--In conducting the study
required under this subsection, the Commission shall
consider the following:
(I) Recommendations for specific changes to
the Navy's Shipyard Infrastructure Optimization
Program, which may include legislative changes
such as providing multi-year appropriations or
expanded use of innovative technology.
(II) Recommendations for changes to the ship
design and build program that could reduce
technical and schedule risk, reduce cost,
accelerate build timelines, and prioritize an
incremental approach to introducing change.
(III) Recommendations for changes to the
ship depot maintenance program in order to
reduce overhaul timelines, integrate current
technologies into ships, and reduce costs.
(3) Powers of commission.--
(A) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable to
carry out its duties under this section.
(B) Information from federal agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to carry out
its duties under this section. Upon request of the Co-Chairs of
the Commission, the head of such department or agency shall
furnish such information to the Commission.
(C) Use of postal service.--The Commission may use the
United States mails in the same manner and under the same
conditions as other departments and agencies of the Federal
Government.
(D) Authority to accept gifts.--
(i) In general.--The Commission may accept, use, and
dispose of gifts or donations of services, goods, and
property from non-Federal entities for the purposes of
aiding and facilitating the work of the Commission. The
authority under this paragraph does not extend to gifts
of money.
(ii) Documentation; conflicts of interest.--The
Commission shall document gifts accepted under the
authority provided by clause (i) and shall avoid
conflicts of interest or the appearance of conflicts of
interest.
(iii) Compliance with congressional ethics rules.--
Except as specifically provided in this section, a
member of the Commission shall comply with rules set
forth by the Select Committee on Ethics of the Senate
and the Committee on Ethics of the House of
Representatives governing employees of the Senate and
the House of Representatives, respectively.
(4) Report required.--Not later than July 1, 2024, the Commission
shall submit to the Committees on Armed Services of the Senate and House
of Representatives an unclassified report, with classified annexes if
necessary, that includes the findings and conclusions of the Commission
as a result of the studies required under this section, together with
its recommendations for such legislative actions as the Commission
considers appropriate in light of the results of the studies.
(b) Membership.--
(1) Composition.--The Commission shall be composed of 8 members, of
whom--
(A) one shall be appointed by the Speaker of the House of
Representatives;
(B) one shall be appointed by the Minority Leader of the
House of Representatives;
(C) one shall be appointed by the Majority Leader of the
Senate;
(D) one shall be appointed by the Minority Leader of the
Senate;
(E) one shall be appointed by the Chairman of the Committee
on Armed Services of the Senate;
(F) one shall be appointed by the Ranking Member of the
Committee on Armed Services of the Senate;
(G) one shall be appointed by the Chairman of the Committee
on Armed Services of the House of Representatives; and
(H) one shall be appointed by the Ranking Member of the
Committee on Armed Services of the House of Representatives.
(2) Co-chairs.--There shall be two Co-Chairs of the Commission. The
Republican leadership of the Senate and House of Representatives shall
jointly select one Co-Chair, and the Democratic leadership of the Senate
and House of Representatives shall jointly select the other.
(3) Appointment date; notifications.--
(A) Members shall be appointed to the commission under
paragraph (1) by not later than 90 days after the date of
enactment of this Act.
(B) Individuals making appointments under paragraph (1)
shall provide notice of the appointments to the Secretary of
Defense (in this section referred to as the ``Secretary'').
(4) Qualifications and expertise.--
(A) In general.--In making appointments under this
subsection, consideration shall be given to individuals with
expertise in--
(i) United States naval policy and strategy;
(ii) naval forces capability;
(iii) naval nuclear propulsion and weapons;
(iv) naval force structure design, organization, and
employment;
(v) Navy personnel matters;
(vi) Navy acquisition and sustainment;
(vii) Navy shipbuilding;
(viii) naval aviation aircraft procurement; and
(ix) Navy ship and aircraft depot maintenance.
(B) Restriction on appointment.--Officers or employees of
the Federal Government (other than experts or consultants the
services of which are procured under section 3109 of title 5,
United States Code) may not be appointed as members of the
Commission.
(C) Restriction on members of congress.--Members of Congress
may not serve on the Commission.
(5) Period of appointment; vacancies; removal of members.--
(A) Appointment duration.--Members shall be appointed for
the life of the Commission.
(B) Vacancies.--Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(C) Removal of members.--A member may be removed from the
Commission for cause by the individual serving in the position
responsible for the original appointment of such member under
subsection (b)(1), provided that notice has first been provided
to such member of the cause for removal and voted and agreed
upon by three quarters of the members serving. A vacancy created
by the removal of a member under this subsection shall not
affect the powers of the Commission, and shall be filled in the
same manner as the original appointment was made.
(D) Quorum.--.A majority of the members serving on the
Commission shall constitute a quorum.
(E) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed as
published in the Congressional Record, the Commission shall hold
its initial meeting.
(c) Personnel Matters.--
(1) Status as federal employees.--Notwithstanding the requirements
of section 2105 of title 5, United States Code, including the required
supervision under subsection (a)(3) of such section, members of the
Commission shall be deemed to be Federal employees in the legislative
branch subject to all the laws and policies applicable to legislative
branch employees.
(2) Oath of office.--Notwithstanding the provision of section
2903(b) of title 5, United States Code, an employee of an Executive
Branch agency, otherwise authorized to administer oaths under section
2903 of title 5, United States Code, may administer the oath of office
to Commissioners for the purpose of their service to the Commission.
(3) Security clearances.--The appropriate Federal departments or
agencies shall cooperate with the Commission in expeditiously providing
to the Commission members and staff appropriate security clearances to
the extent possible pursuant to existing procedures and requirements,
except that no person may be provided with access to classified
information under this Act without the appropriate security clearances.
(4) Pay for members.--Each member of the Commission may be
compensated at a rate not to exceed the daily equivalent of the annual
rate of basic pay payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation additional to that received for their services as officers
or employees of the United States.
(5) Staff.--
(A) Executive director.--The Co-Chairs of the Commission may
appoint and fix the rate of basic pay for an Executive Director
in accordance with section 3161 of title 5, United States Code.
(B) Commission staff.--The Executive Director may appoint
and fix the rate of basic pay for additional personnel as staff
of the Commission in accordance with section 3161 of title 5,
United States Code.
(C) Detailees authorized.--On a reimbursable or non-
reimbursable basis, the heads of departments and agencies of the
Federal Government may provide, and the Commission may accept
personnel detailed from such departments and agencies, including
active-duty military personnel.
(D) Travel expenses.--The members and staff of the
Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(d) Support.--
(1) Assistance from department of defense.--
(A) In general.--Of the amounts authorized to be
appropriated for the Department of Defense for support of the
Commission, the Secretary may make transfers to the Commission
for commission expenses, including compensation of commission
members, officers, and employees, and provision of other such
services, funds, facilities, and other support services as
necessary for the performance of the Commission's functions.
Funds made available to support and provide assistance to the
Commission may be used for payment of compensation of members,
officers, and employees of the Commission without transfer under
this subparagraph. Amounts transferred under this subparagraph
shall remain available until expended. Transfer authority
provided by this subparagraph is in addition to any other
transfer authority provided by law. Section 2215 of title 10,
United States Code, shall not apply to a transfer of funds under
this subparagraph.
(B) Treasury account authorized.--The Secretary of the
Treasury may establish an account or accounts for the Commission
from which any amounts transferred under this clause may be used
for activities of the Commission.
(2) Liaison.--The Secretary shall designate at least one officer or
employee of the Department of Defense to serve as a liaison officer
between the Department and the Commission.
(3) Additional support.--To the extent that funds are available for
such purpose, or on a reimbursable basis, the Secretary may, at the
request of the Co-Chairs of the Commission--
(A) enter into contracts for the acquisition of
administrative supplies and equipment for use by the Commission;
and
(B) make available the services of a Federal funded research
and development center or an independent, nongovernmental
organization, described under section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code.
(4) Preliminary administrative support authorized.--Upon the
appointment of the Co-Chairs under subsection (b), the Secretary may
provide administrative support authorized under this section necessary
to facilitate the standing up of the Commission.
(e) Termination of Commission.--The Commission shall terminate 90 days after
the submission of the report required under subsection (a).
SEC. 1093. DYNAMIC AIRSPACE PILOT PROGRAM.
(a) Pilot Program.--
(1) Pilot program required.--Not later than 90 days after the date
of the enactment of this Act, the Administrator of the Federal Aviation
Administration, in coordination with the Secretary of Defense, shall
establish a pilot program for the purpose of developing, testing, and
assessing dynamic scheduling and management of special activity airspace
in order to accommodate emerging military testing and training
requirements, including--
(A) special activity airspace for use by the Department of
Defense for emerging military testing and training requirements
of infrequent or limited durations; and
(B) streamlining the process for the Department of Defense
to request the designation of special activity airspace for
activities described in subparagraph (A).
(2) Development, test, and assessment of dynamic airspace.--Under
the pilot program established under paragraph (1), the Administrator and
the Secretary shall jointly test not less than two use cases concerning
temporary or permanent special activity airspace established by the
Federal Aviation Administration for use by the Department of Defense
that develop, test, and assess--
(A) the availability of such airspace on an infrequent or
limited duration necessary to accommodate the Department of
Defense's emerging military testing and training requirements;
and
(B) whether the processes for the Department of Defense to
request special activity airspace for infrequent or limited
duration military testing and training events meet Department of
Defense testing and training requirements.
(b) Requirements.--The pilot program established by subsection (a) shall not
interfere with--
(1) the public's right of transit consistent with national security;
(2) the use of airspace necessary to ensure the safety of aircraft
within the National Airspace System;
(3) the use of airspace necessary to ensure the efficient use of the
National Airspace System; and
(4) Department of Defense use of special activity airspace that is
established through means other than the pilot program established by
subsection (a).
(c) Report by the Administrator.--
(1) In general.--Not later than two years after the date of the
establishment of the pilot program under subsection (a)(1), the
Administrator shall submit to the appropriate committees of Congress a
report on the interim findings of the Administrator with respect to the
pilot program.
(2) Elements.--The report submitted under paragraph (1) shall
include an analysis of the following:
(A) How the pilot program established under subsection
(a)(1) affected policies on establishing and scheduling special
activity airspace with an emphasis on the impact of allocation
and utilization policies to other nonparticipating aviation
users of the National Airspace System.
(B) Whether the streamlined processes for dynamic scheduling
and management of special activity airspace involved in the
pilot program established under subsection (a)(1) contributed
to--
(i) the public's right of transit consistent with
national security;
(ii) the use of airspace necessary to ensure the
safety of aircraft within the National Airspace System;
and
(iii) the use of airspace necessary to ensure the
efficient use of the National Airspace System.
(d) Report by the Secretary of Defense.--Not later than two years after the
date of the establishment of the pilot program under subsection (a)(1), the
Secretary shall submit to the appropriate committees of Congress a report on the
interim findings of the Secretary with respect to the pilot program. Such report
shall include an analysis of how the pilot program affected military testing and
training.
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation,
the Committee on Armed Services, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Transportation and Infrastructure, the
Committee on Science, Space, and Technology, the Committee on
Armed Services, and the Committee on Appropriations of the House
of Representatives.
(2) The term ``special activity airspace'' means the following
airspace with defined dimensions within the National Airspace System
wherein limitations may be imposed upon aircraft operations:
(A) Restricted areas.
(B) Military operations areas.
(C) Air traffic control assigned airspace.
(D) Warning areas.
(3) The term ``use cases'' means a compendium of airspace
utilization data collected from the development, testing, and assessment
conducted under subsection (a)(1), and other test points or metrics as
agreed to by the Administrator and the Secretary, within a specific
geographic region as determined by the Administrator and Secretary.
(f) Duration.--The pilot program under subsection (a)(1) shall continue for
not more than three years after the date on which it is established.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Restricted reporting option for Department of Defense
civilian employees choosing to report
experiencing adult sexual assault.
Sec. 1102. Modification and extension of authority to waive annual
limitation on premium pay and aggregate
limitation on pay for Federal civilian
employees working overseas.
Sec. 1103. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to
civilian personnel on official duty in a
combat zone.
Sec. 1104. Standardized credentials for law enforcement officers of the
Department of Defense.
Sec. 1105. Temporary extension of authority to provide security for
former Department of Defense officials.
Sec. 1106. Enhanced pay authority for certain research and technology
positions in science and technology
reinvention laboratories.
Sec. 1107. Flexible workplace programs.
Sec. 1108. Eligibility of Department of Defense employees in time-
limited appointments to compete for
permanent appointments.
Sec. 1109. Modification to personnel management authority to attract
experts in science and engineering.
Sec. 1110. Modification and extension of pilot program on dynamic
shaping of the workforce to improve the
technical skills and expertise at certain
department of defense laboratories.
Sec. 1111. Modification of temporary expansion of authority for
noncompetitive appointments of military
spouses by federal agencies.
Sec. 1112. Modification to pilot program for the temporary assignment
of cyber and information technology
personnel to private sector organizations.
SEC. 1101. RESTRICTED REPORTING OPTION FOR DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES CHOOSING TO REPORT EXPERIENCING ADULT SEXUAL ASSAULT.
(a) In General.--Chapter 81 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 1599j. Restricted reports of incidents of adult sexual assault
``(a) Restricted Reports.--The Secretary of Defense may provide a civilian
employee of the Department of Defense an opportunity to submit to an individual
described in subsection (d) a restricted report of an alleged incident of adult
sexual assault for the purpose of assisting the employee in obtaining
information and access to authorized victim support services provided by the
Department.
``(b) Restrictions on Disclosures and Initiating Investigations.--Unless the
Secretary determines that a disclosure is necessary to prevent or mitigate a
serious and imminent safety threat to the employee submitting the report or to
another person, a restricted report submitted pursuant to subsection (a) shall
not--
``(1) be disclosed to the supervisor of the employee or any other
management official; or
``(2) cause the initiation of a Federal civil or criminal
investigation.
``(c) Duties Under Other Laws.--The receipt of a restricted report submitted
under subsection (a) shall not be construed as imputing actual or constructive
knowledge of an alleged incident of sexual assault to the Department of Defense
for any purpose.
``(d) Individuals Authorized to Receive Restricted Reports.--An individual
described in this subsection is an individual who performs victim advocate
duties under a program for one or more of the following purposes (or any other
program designated by the Secretary):
``(1) Sexual assault prevention and response.
``(2) Victim advocacy.
``(3) Equal employment opportunity.
``(4) Workplace violence prevention and response.
``(5) Employee assistance.
``(6) Family advocacy.
``(e) Definitions.--In this section:
``(1) Civilian employee.--The term `civilian employee' has the
meaning given the term `employee' in section 2105 of title 5.
``(2) Sexual assault.--The term `sexual assault' has the meaning
given that term in section 920 of this title (article 120 of the Uniform
Code of Military Justice), and includes penetrative offenses and sexual
contact offenses.''.
(b) Clerical Amendment.--The table of sections at the beginning of such
chapter is amended by adding at the end the following new item:
``1599j. Restricted reports of incidents of adult sexual assault.''.
SEC. 1102. MODIFICATION AND EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION ON
PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS.
Subsection (a) of section 1101 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4615), as
most recently amended by section 1112 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1953), is further amended--
(1) by striking ``that is in the area of responsibility'' and all
that follows through ``United States Africa Command,'' and
(2) by striking ``through 2022'' and inserting ``through 2023''.
SEC. 1103. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT ALLOWANCES,
BENEFITS, AND GRATUITIES TO CIVILIAN PERSONNEL ON OFFICIAL DUTY IN
A COMBAT ZONE.
Paragraph (2) of section 1603(a) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section 1102 of
the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4616) and as most recently amended by section
1114 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81; 135 Stat. 1954), is further amended by striking ``2023'' and inserting
``2024''.
SEC. 1104. STANDARDIZED CREDENTIALS FOR LAW ENFORCEMENT OFFICERS OF THE
DEPARTMENT OF DEFENSE.
(a) Standardized Credentials Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall ensure that--
(1) the Secretary of each military department develops standardized
credentials for Defense law enforcement officers under their respective
authority;
(2) the Secretary of each military department issues such credential
to each such officer at no cost to such officer; and
(3) any Department of Defense common access card issued to such an
officer clearly identifies the officer as a Defense law enforcement
officer.
(b) Defense Law Enforcement Officer Defined.--In this section, the term
``Defense law enforcement officer'' means a member of the Armed Forces or
civilian employee of the Department of Defense who--
(1) is authorized by law to engage in or supervise the prevention,
detection, investigation, or prosecution of, or the incarceration of any
person for, any violation of law;
(2) has statutory powers of arrest or apprehension under section
807(b) of title 10, United States Code (article 7(b) of the Uniform Code
of Military Justice); and
(3) is authorized by the Department to carry a firearm.
SEC. 1105. TEMPORARY EXTENSION OF AUTHORITY TO PROVIDE SECURITY FOR FORMER
DEPARTMENT OF DEFENSE OFFICIALS.
During the period beginning on the date of enactment of this Act and ending
on January 1, 2024, subsection (b) of section 714 of title 10, United States
Code, shall be applied--
(1) in paragraph (1)(A), by substituting ``a serious and credible
threat'' for ``an imminent and credible threat'';
(2) in paragraph (2)(B), by substituting ``three years'' for ``two
years''; and
(3) in paragraph (6)(A), by substituting--
(A) ``congressional leadership and the congressional defense
committees'' for ``the congressional defense committees''; and
(B) by substituting ``the justification for such
determination, scope of the protection, and the anticipated cost
and duration of such protection'' for ``the justification for
such determination''.
SEC. 1106. ENHANCED PAY AUTHORITY FOR CERTAIN RESEARCH AND TECHNOLOGY POSITIONS
IN SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES.
(a) In General.--Chapter 303 of title 10, United States Code, is amended by
inserting after section 4093 the following new section:
``Sec. 4094. Enhanced pay authority for certain research and technology
positions in science and technology reinvention laboratories
``(a) In General.--The Secretary of Defense may carry out a program using
the pay authority specified in subsection (d) to fix the rate of basic pay for
positions described in subsection (c) in order to assist the military
departments in attracting and retaining high quality acquisition and technology
experts in positions responsible for managing and performing complex, high-cost
research and technology development efforts in the science and technology
reinvention laboratories of the Department of Defense.
``(b) Approval Required.--The program may be carried out in a military
department only with the approval of the service acquisition executive of the
military department concerned.
``(c) Positions.--The positions described in this subsection are positions
in the science and technology reinvention laboratories of the Department of
Defense that--
``(1) require expertise of an extremely high level in a scientific,
technical, professional, or acquisition management field; and
``(2) are critical to the successful accomplishment of an important
research or technology development mission.
``(d) Rate of Basic Pay.--The pay authority specified in this subsection is
authority as follows:
``(1) Authority to fix the rate of basic pay for a position at a
rate not to exceed 150 percent of the rate of basic pay payable for
level I of the Executive Schedule, upon the approval of the service
acquisition executive concerned.
``(2) Authority to fix the rate of basic pay for a position at a
rate in excess of 150 percent of the rate of basic pay payable for level
I of the Executive Schedule, upon the approval of the Secretary of the
military department concerned.
``(e) Limitations.--
``(1) In general.--The authority in subsection (a) may be used only
to the extent necessary to competitively recruit or retain individuals
exceptionally well qualified for positions described in subsection (c).
``(2) Number of positions.--The authority in subsection (a) may not
be used with respect to more than five positions in each military
department at any one time, unless the Under Secretary of Defense for
Research and Engineering, in concurrence with the Secretaries of the
military departments concerned, authorizes the transfer of positions
from one military department to another.
``(3) Term of positions.--The authority in subsection (a) may be
used only for positions having a term of less than five years.
``(f) Science and Technology Reinvention Laboratories of the Department of
Defense Defined.--In this section, the term `science and technology reinvention
laboratories of the Department of Defense' means the laboratories designated as
science and technology reinvention laboratories by section 4121(b) of this
title.''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter
303 of such title is amended by inserting after the item relating to section
4093 the following new item:
``4094. Enhanced pay authority for certain research and technology
positions in science and technology
reinvention laboratories.''.
(c) Application.--This section shall take effect immediately after section
881 of this Act.
SEC. 1107. FLEXIBLE WORKPLACE PROGRAMS.
Not later than 120 days after the date of the enactment of this Act, the
Secretary of Defense shall promulgate guidance to the military departments to
promote consistency in policies relating to flexible workplace programs. Such
guidance shall address at a minimum the conditions under which an employee is
allowed to perform all or a portion of assigned duties--
(1) at a telecommuting center established pursuant to statute; or
(2) through the use of flexible workplace services agreements.
SEC. 1108. ELIGIBILITY OF DEPARTMENT OF DEFENSE EMPLOYEES IN TIME-LIMITED
APPOINTMENTS TO COMPETE FOR PERMANENT APPOINTMENTS.
Section 3304 of title 5, United States Code, is amended by adding at the end
the following:
``(g) Eligibility of Department of Defense Employees in Time-limited
Appointments to Compete for Permanent Appointments.--
``(1) Definitions.--In this subsection--
``(A) the term `Department' means the Department of Defense;
and
``(B) the term `time-limited appointment' means a temporary
or term appointment in the competitive service.
``(2) Eligibility.--Notwithstanding any other provision of this
chapter or any other provision of law relating to the examination,
certification, and appointment of individuals in the competitive
service, an employee of the Department serving under a time-limited
appointment is eligible to compete for a permanent appointment in the
competitive service when the Department is accepting applications from
individuals within its own workforce, or from individuals outside its
own workforce, under merit promotion procedures, if--
``(A) the employee was appointed initially under open,
competitive examination under subchapter I of this chapter to
the time-limited appointment;
``(B) the employee has served under 1 or more time-limited
appointments within the Department for a period or periods
totaling more than 2 years without a break of 2 or more years;
and
``(C) the employee's performance has been at an acceptable
level of performance throughout the period or periods referred
to in subparagraph (B).
``(3) Career-conditional status; competitive status.--An individual
appointed to a permanent position under this section--
``(A) becomes a career-conditional employee, unless the
employee has otherwise completed the service requirements for
career tenure; and
``(B) acquires competitive status upon appointment.
``(4) Former employees.--If the Department is accepting applications
as described in paragraph (2), a former employee of the Department who
served under a time-limited appointment and who otherwise meets the
requirements of this section shall be eligible to compete for a
permanent position in the competitive service under this section if--
``(A) the employee applies for a position covered by this
section not later than 2 years after the most recent date of
separation; and
``(B) the employee's most recent separation was for reasons
other than misconduct or performance.
``(5) Regulations.--The Office of Personnel Management shall
prescribe regulations necessary for the administration of this
subsection.''.
SEC. 1109. MODIFICATION TO PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT EXPERTS IN
SCIENCE AND ENGINEERING.
Section 4092 of title 10, united states code, is amended--
(1) in subsection (a)(8), in the second sentence, by striking
``December 31, 2025'' and inserting ``December 31, 2030'';
(2) in subsection (b)--
(A) in paragraph (1)(H)--
(i) by striking ``10 positions'' and inserting ``15
positions''; and
(ii) by striking ``3 such positions'' and inserting
``5 such positions''; and
(B) in paragraph (2)(A)--
(i) in the matter preceding clause (i), by striking
``paragraph (1)(B)'' and inserting ``subparagraphs (B)
and (H) of paragraph (1)'';
(ii) in clause (i)--
(I) by striking ``to any of'' and inserting
``to any of the''; and
(II) by inserting ``and any of the 5
positions designated by the Director of the
Space Development Agency'' after ``Projects
Agency''; and
(iii) in clause (ii), by striking ``the Director''
and inserting ``the Director of the Defense Advanced
Research Projects Agency or the Director of the Space
Development Agency''; and
(3) in subsection (c)(2), by inserting ``the Space Development
Agency,'' after ``Intelligence Center,''.
SEC. 1110. MODIFICATION AND EXTENSION OF PILOT PROGRAM ON DYNAMIC SHAPING OF THE
WORKFORCE TO IMPROVE THE TECHNICAL SKILLS AND EXPERTISE AT CERTAIN
DEPARTMENT OF DEFENSE LABORATORIES.
(a) Repeal of Obsolete Provision.--Section 1109(b)(1) of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92) is amended by
striking subparagraph (D).
(b) Extension of Authority.--Section 1109(d)(1) of such Act is amended by
striking ``December 31, 2023'' and inserting ``December 31, 2027''.
SEC. 1111. MODIFICATION OF TEMPORARY EXPANSION OF AUTHORITY FOR NONCOMPETITIVE
APPOINTMENTS OF MILITARY SPOUSES BY FEDERAL AGENCIES.
(a) Extension of Sunset.--Subsection (e) of section 573 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 5 U.S.C. 3330d note) is amended, in the matter preceding paragraph (1), by
striking ``the date that is 5 years after the date of the enactment of this
Act'' and inserting ``December 31, 2028''.
(b) Repeal of Opm Limitation and Reports.--Subsection (d) of such section is
repealed.
SEC. 1112. MODIFICATION TO PILOT PROGRAM FOR THE TEMPORARY ASSIGNMENT OF CYBER
AND INFORMATION TECHNOLOGY PERSONNEL TO PRIVATE SECTOR
ORGANIZATIONS.
Section 1110(d) of the National Defense Authorization Act for Fiscal Year
2010 (5 U.S.C. 3702 note; Public Law 111-84) is amended by striking ``September
30, 2022'' and inserting ``December 31, 2026''.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Payment of personnel expenses necessary for participation
in training program conducted by Colombia
under the United States-Colombia Action
Plan for Regional Security.
Sec. 1202. Modifications to Reports on Security Cooperation.
Sec. 1203. Modification of authority for participation in
multinational centers of excellence.
Sec. 1204. Modification of existing authorities to provide for an
Irregular Warfare Center and a Regional
Defense Fellowship Program.
Sec. 1205. Modification to authority to provide support for conduct of
operations.
Sec. 1206. Extension and modification of authority for reimbursement
of certain coalition nations for support
provided to United States military
operations.
Sec. 1207. Modification and extension of authority to support border
security operations of certain foreign
countries.
Sec. 1208. Security cooperation programs with foreign partners to
advance women, peace, and security.
Sec. 1209. Review of implementation of prohibition on use of funds for
assistance to units of foreign security
forces that have committed a gross
violation of human rights.
Sec. 1210. Independent assessment of United States efforts to train,
advise, assist, and equip the military
forces of Somalia.
Sec. 1211. Security cooperation activities at Counter-UAS University.
Sec. 1212. Defense Operational Resilience International Cooperation
Pilot Program.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1221. Extension of authority for certain payments to redress
injury and loss.
Sec. 1222. Additional matters for inclusion in reports on oversight in
Afghanistan.
Sec. 1223. Prohibition on transporting currency to the Taliban and the
Islamic Emirate of Afghanistan.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1231. Modification of annual report on the military capabilities
of Iran and related activities.
Sec. 1232. Extension of authority to support operations and activities
of the Office of Security Cooperation in
Iraq.
Sec. 1233. Extension of authority to provide assistance to vetted
Syrian groups and individuals.
Sec. 1234. Extension and modification of authority to provide
assistance to counter the Islamic State of
Iraq and Syria.
Sec. 1235. Prohibition on transfers to Iran.
Sec. 1236. Report on Islamic Revolutionary Guard Corps-affiliated
operatives abroad.
Sec. 1237. Assessment of support to Iraqi Security Forces and Kurdish
Peshmerga Forces to counter air and missile
threats.
Sec. 1238. Interagency strategy to disrupt and dismantle narcotics
production and trafficking and affiliated
networks linked to the regime of Bashar al-
Assad in Syria.
Sec. 1239. Prohibition on transfers to Badr Organization.
Sec. 1240. Report on United Nations arms embargo on Iran.
Subtitle D--Matters Relating to Russia
Sec. 1241. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1242. Extension of limitation on military cooperation between the
United States and Russia.
Sec. 1243. Modification to annual report on military and security
developments involving the Russian
Federation.
Sec. 1244. Temporary authorizations related to Ukraine and other
matters.
Sec. 1245. Prohibition on availability of funds relating to
sovereignty of the Russian Federation over
internationally recognized territory of
Ukraine.
Sec. 1246. Report on Department of Defense plan for the provision of
short and medium-term security assistance
to Ukraine.
Sec. 1247. Oversight of United States assistance to Ukraine.
Subtitle E--Matters Relating to the Indo-Pacific Region
Sec. 1251. Modification to annual report on military and security
developments involving the People's
Republic of China.
Sec. 1252. Modification of Indo-Pacific Maritime Security Initiative
to authorize use of funds for the Coast
Guard.
Sec. 1253. Modification of prohibition on participation of the
People's Republic of China in rim of the
Pacific (RIMPAC) naval exercises to include
cessation of genocide by China.
Sec. 1254. Extension and modification of Pacific Deterrence
Initiative.
Sec. 1255. Extension of authority to transfer funds for Bien Hoa
dioxin cleanup.
Sec. 1256. Enhanced indications and warning for deterrence and
dissuasion.
Sec. 1257. Prohibition on use of funds to support entertainment
projects with ties to the Government of the
People's Republic of China.
Sec. 1258. Reporting on institutions of higher education domiciled in
the People's Republic of China that provide
support to the People's Liberation Army.
Sec. 1259. Review of port and port-related infrastructure purchases
and investments made by the Government of
the People's Republic of China and entities
directed or backed by the Government of the
People's Republic of China.
Sec. 1260. Enhancing major defense partnership with India.
Sec. 1261. Pilot program to develop young civilian defense leaders in
the Indo-Pacific region.
Sec. 1262. Report on bilateral agreements supporting United States
military posture in the Indo-Pacific
region.
Sec. 1263. Statement of policy on Taiwan.
Sec. 1264. Sense of congress on joint exercises with Taiwan.
Sec. 1265. Sense of Congress on defense alliances and partnerships in
the Indo-Pacific region.
Subtitle F--Other Matters
Sec. 1271. North Atlantic Treaty Organization Special Operations
Headquarters.
Sec. 1272. Sense of Congress on NATO and United States defense posture
in Europe.
Sec. 1273. Report on Fifth Fleet capabilities upgrades.
Sec. 1274. Report on use of social media by foreign terrorist
organizations.
Sec. 1275. Report and feasibility study on collaboration to meet
shared national security interests in East
Africa.
Sec. 1276. Assessment of challenges to implementation of the
partnership among Australia, the United
Kingdom, and the United States.
Sec. 1277. Modification and extension of United States-Israel
cooperation to counter unmanned aerial
systems.
Sec. 1278. Sense of Congress and briefing on multinational force and
observers.
Sec. 1279. Briefing on Department of Defense program to protect United
States students against foreign agents.
Subtitle A--Assistance and Training
SEC. 1201. PAYMENT OF PERSONNEL EXPENSES NECESSARY FOR PARTICIPATION IN TRAINING
PROGRAM CONDUCTED BY COLOMBIA UNDER THE UNITED STATES-COLOMBIA
ACTION PLAN FOR REGIONAL SECURITY.
(a) In General.--Subchapter IV of chapter 16 of title 10, United States
Code, is amended by adding at the end the following:
``Sec. 335. Payment of personnel expenses necessary for participation in
training program conducted by Colombia under the United States-
Colombia Action Plan for Regional Security
``(a) Authority.--The Secretary of Defense may pay the expendable training
supplies, travel, subsistence, and similar personnel expenses of, and special
compensation for, the following that the Secretary considers necessary for
participation in the training program conducted by Colombia under the United
States-Colombia Action Plan for Regional Security:
``(1) Defense personnel of friendly foreign governments.
``(2) With the concurrence of the Secretary of State, other
personnel of friendly foreign governments and nongovernmental personnel.
``(b) Limitation.--
``(1) In general.--Except as provided in paragraph (2), the
authority provided in subsection (a) may only be used for the payment of
such expenses of, and special compensation for, such personnel from
developing countries.
``(2) Exception.-- The Secretary may authorize the payment of such
expenses of, and special compensation for, such personnel from a country
other than a developing country if the Secretary determines that such
payment is--
``(A) necessary to respond to extraordinary circumstances;
and
``(B) in the national security interest of the United
States.''.
(b) Conforming Amendment.--The table of sections at the beginning of
subchapter IV of chapter 16 of title 10, United States Code, is amended by
adding at the end the following new item:
``335. Payment of personnel expenses necessary for participation in
training program conducted by Colombia
under the United States-Colombia Action
Plan for Regional Security.''.
SEC. 1202. MODIFICATIONS TO REPORTS ON SECURITY COOPERATION.
(a) Support to Friendly Foreign Countries for Conduct Operations.--Section
331(d)(2) of title 10, United States Code, is amended--
(1) by redesignating subparagraph (E) as subparagraph (F); and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) A description of each entity with which the applicable
friendly foreign country is engaged in hostilities and whether
each such entity is covered by an authorization for the use of
military force.''.
(b) Defense Institution Capacity Building.--Section 332(b)(2) of title 10,
United States Code, is amended--
(1) by striking ``quarter'' each place it appears; and
(2) by striking ``Each fiscal year'' and inserting ``Not later than
February 1 of each year''.
(c) Authority to Build Capacity of Foreign Forces.--Section 333(f) of title
10, United States Code, is amended--
(1) in the heading, by striking ``Quarterly'' and inserting ``Semi-
Annual'';
(2) in the matter preceding paragraph (1)--
(A) by striking ``a quarterly'' and inserting ``a semi-
annual''; and
(B) by striking ``calendar quarter'' and inserting ``180
days''.
(d) Annual Report on Security Cooperation Activities.--Section 386 of title
10, United States Code, is amended to read as follows:
``Sec. 386. Annual report
``(a) Annual Report Required.--Not later than March 31 of each year, the
Secretary of Defense shall submit to the appropriate congressional committees a
report that sets forth, on a country-by-country basis, an overview of security
cooperation activities carried out by the Department of Defense during the
fiscal year in which such report is submitted, using the authorities specified
in subsection (b).
``(b) Elements of Report.--Each report required under subsection (a) shall
include, with respect to each country and for the entirety of the period covered
by such report, the following:
``(1) A narrative summary that provides--
``(A) a brief overview of the primary security cooperation
objectives for the activities encompassed by the report; and
``(B) a description of how such activities advance the
theater security cooperation strategy of the relevant geographic
combatant command.
``(2) A table that includes an aggregated amount with respect to
each of the following:
``(A) With respect to amounts made available for section
332(a) of this title, the Department of Defense cost to provide
any Department personnel as advisors to a ministry of defense.
``(B) With respect to amounts made available for section
332(b) of this title, the Department of Defense incremental
execution costs to conduct activities under such section.
``(C) With respect to section 333 of this title, the value
of all programs for which notice is required by such section.
``(D) With respect to section 335 of this title, the total
Department of Defense costs to fund expenses to attend training
provided by the Government of Colombia that began during the
period of the report.
``(E) With respect to amounts made available for section 341
of this title, the Department of Defense manpower and travel
costs to conduct bi-lateral state partnership program
engagements with the partner country.
``(F) With respect to amounts made available for section 342
of this title, the Department of Defense-funded, foreign-partner
travel costs to attend a regional center activity that began
during the period of the report.
``(G) With respect to amounts made available for section 345
of this title, the estimated Department of Defense execution
cost to complete all training that began during the period of
the report.
``(H) With respect to amounts made available for section
2561 of this title, the planned execution cost of completing
humanitarian assistance activities for the partner country that
were approved for the period of the report.
``(3) A table that includes aggregated totals for each of the
following:
``(A) Pursuant to section 311 of this title, the number of
personnel from a partner country assigned to a Department of
Defense organization.
``(B) Pursuant to section 332(a) of this title, the number
of Department of Defense personnel assigned as advisors to a
ministry of defense.
``(C) Pursuant to section 332(b) of this title, the number
of activities conducted by the Department of Defense.
``(D) The number of new programs carried out during the
period of the report that required notice under section 333 of
this title.
``(E) With respect to section 335 of this title, the number
of partner country officials who participated in training
provided by the Government of Colombia that began during the
period of the report.
``(F) With respect to section 341 of this title, the number
of Department of Defense bilateral state partnership program
engagements with the partner country that began during the
period of the report.
``(G) With respect to section 342 of this title, the number
of partner country officials who participated in regional center
activity that began during the period of the report.
``(H) Pursuant to the authorities under sections 343, 345,
348, 349, 350 and 352 of this title, the total number of partner
country personnel who began training during the period of the
report.
``(I) Pursuant to section 347 of this title, the number of
cadets from the partner country that were enrolled in the
Service Academies during the period of the report.
``(J) Pursuant to amounts made available to carry out
section 2561 of this title, the number of new humanitarian
assistance projects funded through the Overseas Humanitarian
Disaster and Civic Aid account that were approved during the
period of the required report.
``(4) A table that includes the following:
``(A) For each person from the partner country assigned to a
Department of Defense organization pursuant to section 311 of
this title--
``(i) whether the person is a member of the armed
forces or a civilian;
``(ii) the rank of the person (if applicable); and
``(iii) the component of the Department of Defense
and location to which such person is assigned.
``(B) With respect to each civilian employee of the
Department of Defense or member of the armed forces that was
assigned, pursuant to section 332(a) of this title, as an
advisor to a ministry of defense during the period of the
report, a description of the object of the Department of Defense
for such support and the name of the ministry or regional
organization to which the employee or member was assigned.
``(C) With respect to each activity commenced under section
332(b) of this title during the period of the report--
``(i) the name of the supported ministry or regional
organization;
``(ii) the component of the Department of Defense
that conducted the activity;
``(iii) the duration of the activity; and
``(iv) a description of the objective of the
activity.
``(D) For each program that required notice to Congress
under section 333 of this title during the period of the
report--
``(i) the units of the national security forces of
the foreign country to which assistance was provided;
``(ii) the type of operation capability assisted;
``(iii) a description of the nature of the
assistance being provided; and
``(iv) the estimated cost included in the notice
provided for such assistance.
``(E) With respect to each Government of Colombia training
activity which included Department of Defense funded
participants under section 335 of this title that commenced
during the period of the report--
``(i) the units of the defense personnel of the
friendly foreign country to which the Department of
Defense funded assistance was provided;
``(ii) the units of the Government of Colombia that
conducted the training activity;
``(iii) the duration of the training activity
provided by the Government of Colombia;
``(iv) a description of the objective of the
training activity provided by the Government of
Colombia.
``(F) With respect to each activity commenced under section
341 of this title during the period of the report--
``(i) a description of the activity;
``(ii) the duration of the activity;
``(iii) the number of participating members of the
National Guard; and
``(iv) the number of participating personnel of
foreign country.
``(G) With respect to each activity of a Regional Center for
Security Studies commenced under section 342 of this title
during the period of the report--
``(i) a description of the activity;
``(ii) the name of the Regional Center that
sponsored the activity;
``(iii) the location and duration of the training;
and
``(iv) the number of officials from the foreign
country who participated the activity.
``(H) With respect to each training event that commenced
under sections 343, 345, 348, 349, 350, or 352 of this title
during the period of the report--
``(i) a description of the training;
``(ii) the location and duration of the training;
and
``(iii) the number of personnel of the foreign
country trained.
``(I) With respect to each new project approved under
section 2561 of this title during the period of the report and
funded through the Overseas Humanitarian Disaster and Civic Aid
account--
``(i) the title of the project;
``(ii) a description of the assistance to be
provided; and
``(iii) the anticipated costs to provide such
assistance.''.
(e) Applicability of Amendment to Annual Report Requirements.--With respect
to a report that was required to be submitted under section 386 of title 10,
United States Code, prior to the date of the enactment of this Act, that has not
been submitted as of such date and relates to a year preceding fiscal year 2023,
such a report may be submitted in accordance with--
(1) the requirements of such section 386 as amended by subsection
(d); or
(2) the requirements of such section 386 as in effect on the day
before the date of the enactment of this Act.
SEC. 1203. MODIFICATION OF AUTHORITY FOR PARTICIPATION IN MULTINATIONAL CENTERS
OF EXCELLENCE.
Section 344(f) of title 10, United States Code, is amended--
(1) in paragraph (1)(D), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) the International Special Training Centre, established in 1979
and located in Pfullendorf, Germany.''.
SEC. 1204. MODIFICATION OF EXISTING AUTHORITIES TO PROVIDE FOR AN IRREGULAR
WARFARE CENTER AND A REGIONAL DEFENSE FELLOWSHIP PROGRAM.
(a) In General.--Section 345 of title 10, United States Code, is amended--
(1) by amending the section heading to read as follows: ``Irregular
Warfare Center and Regional Defense Fellowship Program'';
(2) in subsection (a)--
(A) in the subsection heading, by striking ``Program
Authorized'' and inserting ``Authorities'';
(B) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary of Defense may--
``(A) operate and administer a Center for Strategic Studies
in Irregular Warfare, to be known as the `Irregular Warfare
Center', in accordance with the requirements described in
subsection (c); and
``(B) carry out a program, to be known as the `Regional
Defense Fellowship Program', to provide for the education and
training of foreign personnel described in paragraph (2) at
military or civilian educational institutions, the Irregular
Warfare Center, regional centers, conferences, seminars, or
other training programs conducted for purposes of regional
defense in connection with irregular warfare or combating
terrorism.'';
(C) by striking paragraphs (2) and (3); and
(D) by inserting after paragraph (1) (as amended) the
following:
``(2) Covered costs.--The Secretary may pay the following costs
associated with exercising the authorities under this section:
``(A) Costs of travel, subsistence, and similar personnel
expenses of, and special compensation for--
``(i) defense personnel of friendly foreign
governments to attend activities of the Irregular
Warfare Center or attend the Regional Defense Fellowship
Program;
``(ii) with the concurrence of the Secretary of
State, other personnel of friendly foreign governments
and non-governmental personnel to attend activities of
the Irregular Warfare Center or attend the Regional
Defense Fellowship Program; and
``(iii) foreign personnel and United States
Government personnel necessary for the administration
and execution of the authorities under this section.
``(B) Costs associated with the administration and operation
of the Irregular Warfare Center, including costs associated
with--
``(i) research, communication, the exchange of
ideas, curriculum development and review, and training
of military and civilian participants of the United
States and other countries, as the Secretary considers
necessary; and
``(ii) maintaining an international network of
irregular warfare policymakers and practitioners to
achieve the objectives of the Department of Defense and
the Department of State.
``(C) Costs associated with strategic engagement with alumni
of the Regional Defense Fellowship Program to address Department
of Defense objectives and planning on irregular warfare and
combating terrorism topics.'';
(3) in subsection (b)--
(A) in the subsection heading, by striking ``Regulations''
and inserting ``Regulations for Regional Defense Fellowship
Program''; and
(B) in paragraph (1), by striking ``The program authorized
by subsection (a)'' and inserting ``The authorities granted to
the Secretary of Defense under subsection (a)(1)(B)'';
(4) by redesignating subsections (c) and (d) as subsections (d) and
(e), respectively;
(5) by inserting after subsection (b) the following:
``(c) Irregular Warfare Center.--
``(1) Mission.--The mission of the Irregular Warfare Center shall be
to serve as a central mechanism for developing the irregular warfare
knowledge of the Department of Defense and advancing the understanding
of irregular warfare concepts and doctrine, in collaboration with key
partners and allies, by--
``(A) coordinating and aligning Department education
curricula, standards, and objectives related to irregular
warfare;
``(B) facilitating research on irregular warfare, strategic
competition, and the role of the Department in supporting
interagency activities relating to irregular warfare;
``(C) engaging and coordinating with Federal departments and
agencies and with academia, nongovernmental organizations, civil
society, and international partners to discuss and coordinate
efforts on security challenges in irregular warfare;
``(D) developing curriculum and conducting training and
education of military and civilian participants of the United
States and other countries, as determined by the Secretary of
Defense; and
``(E) serving as a coordinating body and central repository
for irregular warfare resources, including educational
activities and programs, and lessons learned across components
of the Department.
``(2) Employment and compensation of faculty.--With respect to the
Irregular Warfare Center--
``(A) the Secretary of Defense may, subject to the
availability of appropriations, employ a Director, a Deputy
Director, and such civilians as professors, instructors, and
lecturers, as the Secretary considers necessary; and
``(B) compensation of individuals employed under this
section shall be as prescribed by the Secretary.
``(3) Partnership with institution of higher education.--
``(A) In general.--In operating the Irregular Warfare
Center, to promote integration throughout the United States
Government and civil society across the full spectrum of
irregular warfare competition and conflict challenges, the
Secretary of Defense may partner with an institution of higher
education (as such term is defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)).
``(B) Types of partnerships.--The Secretary may establish a
partnership under subparagraph (A) by--
``(i) entering into an intergovernmental support
agreement pursuant to section 2679 of this title; or
``(ii) entering into a contract or cooperative
agreement or awarding a grant through the Defense
Security Cooperation University.
``(C) Determination required.--The Secretary of Defense
shall make a determination with respect to the desirability of
partnering with an institution of higher education in a
Government-owned, contractor-operated partnership, such as the
partnership structure used by the Department of Defense for
University Affiliated Research Centers, for meeting the mission
requirements of the Irregular Warfare Center.
``(4) Roles and responsibilities.--The Secretary of Defense shall
prescribe guidance for the roles and responsibilities of the relevant
components of the Department of Defense in the administration,
operation, and oversight of the Irregular Warfare Center, which shall
include the roles and responsibilities of the following:
``(A) The Under Secretary of Defense for Policy and the
Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict in policy oversight and governance structure
of the Center.
``(B) The Director of the Defense Security Cooperation
Agency, as the Executive Agent in support of the operation of
the Center.
``(C) Any other official of the Department of Defense, as
determined by the Secretary.'';
(6) in subsection (d) (as redesignated), by striking ``subsection
(a)'' each place it appears and inserting ``subsection (a)(1)(B)'';
(7) in subsection (e) (as redesignated)--
(A) in paragraph (3), by striking ``subsection (a)'' and
inserting ``subsection (a)(1)(B)''; and
(B) by adding at the end the following:
``(6) A discussion of how the training from the previous year
incorporated lessons learned from ongoing conflicts.''; and
(8) by inserting after subsection (e) (as redesignated) the
following:
``(f) Annual Review of Irregular Warfare Center.--Not later than December 1,
2024, and annually thereafter, the Secretary of Defense--
``(1) shall conduct a review of the structure and activities of the
Irregular Warfare Center to determine whether such structure and
activities are appropriately aligned with the strategic priorities of
the Department of Defense and the applicable combatant commands; and
``(2) may, after an annual review under paragraph (1), revise the
relevant structure and activities so as to more appropriately align such
structure and activities with the strategic priorities and combatant
commands.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter V of chapter 16 of title 10, United States Code, is amended by
striking the item relating to section 345 and inserting the following:
``345. Irregular Warfare Center and Regional Defense Fellowship
Program.''.
(c) Repeal of Treatment as Regional Center for Security Studies.--Section
1299L(b) of the William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 4012; 10 U.S.C. 342 note) is
amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) and (4) as paragraphs (2) and
(3), respectively.
(d) Sense of Congress.--It is the sense of Congress that a Center for
Security Studies in Irregular Warfare established under section 345 of title 10,
United States Code, as amended by subsection (a), should be known as the ``John
S. McCain III Center for Security Studies in Irregular Warfare''.
(e) Plan for Irregular Warfare Center.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a plan for establishing the
structure, operations, and administration of the Irregular Warfare
Center described in section 345(a)(1) of title 10, United States Code,
as amended by subsection (a)(2)(B).
(2) Elements.--The plan required by paragraph (1) shall include--
(A) a timeline and milestones for the establishment of the
Irregular Warfare Center; and
(B) steps to enter into partnerships and resource agreements
with academic institutions of the Department of Defense or other
academic institutions, including any agreement for hosting or
operating the Irregular Warfare Center.
SEC. 1205. MODIFICATION TO AUTHORITY TO PROVIDE SUPPORT FOR CONDUCT OF
OPERATIONS.
Notwithstanding subsection (g)(1) of section 331 of title 10, United States
Code, the aggregate value of all logistic support, supplies, and services
provided under paragraphs (1), (4), and (5) of subsection (c) of such section
331 in each of fiscal years 2023 and 2024 may not exceed $950,000,000.
SEC. 1206. EXTENSION AND MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF CERTAIN
COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES MILITARY
OPERATIONS.
Section 1233 of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 393) is amended--
(1) in subsection (a), by striking ``for the period beginning on
October 1, 2021, and ending on December 31, 2022'' and inserting ``for
the period beginning on October 1, 2022, and ending on December 31,
2023''; and
(2) in subsection (d)--
(A) by striking ``during the period beginning on October 1,
2021, and ending on December 31, 2022'' and inserting ``during
the period beginning on October 1, 2022, and ending on December
31, 2023''; and
(B) by striking ``$60,000,000'' and inserting
``$30,000,000''.
SEC. 1207. MODIFICATION AND EXTENSION OF AUTHORITY TO SUPPORT BORDER SECURITY
OPERATIONS OF CERTAIN FOREIGN COUNTRIES.
(a) Modification.--Subsection (e) of section 1226 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1056; 22
U.S.C. 2151 note) is amended by striking paragraph (4).
(b) Extension.--Subsection (h) of such section is amended by striking
``December 31, 2023'' and inserting ``December 31, 2025''.
SEC. 1208. SECURITY COOPERATION PROGRAMS WITH FOREIGN PARTNERS TO ADVANCE WOMEN,
PEACE, AND SECURITY.
(a) In General.--During fiscal years 2023 through 2025, the Secretary of
Defense, in coordination with the Secretary of State, may conduct or support
security cooperation programs and activities involving the national military
forces or national-level security forces of a foreign country, or other covered
personnel, to advise, train, and educate such forces or personnel with respect
to--
(1) the recruitment, employment, development, retention, promotion,
and meaningful participation in decisionmaking of women;
(2) sexual harassment, sexual assault, domestic abuse, and other
forms of violence that disproportionately impact women;
(3) the requirements of women, including providing appropriate
equipment and facilities; and
(4) the implementation of activities described in this subsection,
including the integration of such activities into security-sector
policy, planning, exercises, and training, as appropriate.
(b) Annual Report.--Not later than 90 days after the end of each of fiscal
years 2023 through 2025, the Secretary of Defense shall submit to the
congressional defense committees a report detailing the assistance provided
under this section and specifying the recipients of such assistance.
(c) Other Covered Personnel Defined.--In this section, the term ``other
covered personnel'' means personnel of the ministry of defense or other
governmental entity carrying out similar functions of a foreign country.
SEC. 1209. REVIEW OF IMPLEMENTATION OF PROHIBITION ON USE OF FUNDS FOR
ASSISTANCE TO UNITS OF FOREIGN SECURITY FORCES THAT HAVE COMMITTED
A GROSS VIOLATION OF HUMAN RIGHTS.
(a) Sense of Congress.--It is the sense of Congress that the promotion of
human rights is a critical element of Department of Defense security cooperation
programs and activities that advance United States national security interests
and values.
(b) Review.--
(1) In general.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the commanders of the geographic combatant commands, shall initiate a
review of the policies, guidance, and processes for Department of
Defense-wide implementation of section 362 of title 10, United States
Code.
(2) Elements.--The review required by paragraph (1) shall include an
assessment of the following:
(A) The standards and procedures by which the Secretary,
before making a decision to provide assistance to a unit of a
foreign security force under section 362 of title 10, United
States Code, gives full consideration to credible information
that the unit has committed a gross violation of human rights,
including credible information available to the Department of
State relating to human rights violations by such unit.
(B) The roles and responsibilities of Department of Defense
components in implementing such section, including the Under
Secretary of Defense for Policy, the Deputy Assistant Secretary
of Defense for Global Partnerships, the geographic combatant
commands, and the Office of the General Counsel, and whether
such components are adequately funded, resourced, and manned to
carry out their respective roles and responsibilities.
(C) The standards and procedures by which the Secretary
implements the exception under subsection (b) of such section
based on a determination that all necessary corrective steps
have been taken.
(D) The standards and procedures by which the Secretary
exercises the waiver authority under subsection (c) of such
section based on a determination that a waiver is required by
extraordinary circumstances.
(E) The policies, standards, and processes for the
remediation of units of foreign security forces described in
such section and resumption of assistance consistent with such
section, and the effectiveness of such remediation process.
(F) The process by which the Secretary determines whether a
unit of a foreign security force designated to receive training,
equipment, or other assistance under such section is new or
fundamentally different from its predecessor for which there was
determined to be credible information that the unit had
committed a gross violation of human rights.
(c) Reports.--
(1) Findings of review.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the findings of the review
conducted under subsection (b) that includes any recommendations or
corrective actions necessary with respect to the policies, guidance, and
processes for Department of Defense-wide implementation of section 362
of title 10, United States Code.
(2) Remediation process.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter through
fiscal year 2025, the Secretary shall submit to the appropriate
committees of Congress a report on the remediation process under
section 362 of title 10, United States Code, and resumption of
assistance consistent with such section.
(B) Elements.--Each report required by subparagraph (A)
shall include the following:
(i) An identification of the units of foreign
security forces that currently have been determined
under section 362 of title 10, United States Code, to be
ineligible to receive Department of Defense training,
equipment, or other assistance.
(ii) With respect to each unit identified under
clause (i), the date on which such determination was
made.
(iii) The number of requests submitted by geographic
combatant commands for review by a remediation review
panel with respect to resumption of assistance to a unit
of a foreign security force that has been denied
assistance under such section, disaggregated by
geographic combatant command.
(iv) For the preceding reporting period, the number
of--
(I) remediation review panels convened; and
(II) cases resolved.
(C) Appropriate committees of congress defined.--In this
paragraph, the term ``appropriate committees of Congress''
means--
(i) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(ii) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
SEC. 1210. INDEPENDENT ASSESSMENT OF UNITED STATES EFFORTS TO TRAIN, ADVISE,
ASSIST, AND EQUIP THE MILITARY FORCES OF SOMALIA.
(a) In General.--The Secretary of Defense shall provide for an independent
assessment of Department of Defense efforts to train, advise, assist, and equip
the military forces of Somalia.
(b) Conduct of Assessment.--To conduct the assessment required by subsection
(a), the Secretary shall select--
(1) a federally funded research and development center; or
(2) an independent, nongovernmental institute described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code that has recognized credentials and
expertise in national security and military affairs appropriate for the
assessment.
(c) Elements.--The assessment required by subsection (a) shall include an
assessment of the following:
(1) The evolution of United States approaches to training, advising,
assisting, and equipping the military forces of Somalia.
(2) The extent to which--
(A) the Department has an established plan, with objectives
and milestones, for the effort to train, advise, assist, and
equip such forces;
(B) advisory efforts are meeting objectives, including
whether and the manner in which--
(i) advisors track the operational effectiveness of
such forces; and
(ii) any such data informs future training and
advisory efforts;
(C) the Department sufficiently engages, collaborates, and
deconflicts with--
(i) other Federal departments and agencies that
conduct assistance and advisory engagements with such
forces; and
(ii) international and multilateral entities that
conduct assistance and advisory engagements with such
forces; and
(D) the Department has established and enforced a policy,
processes, and procedures for accountability relating to
equipment provided by the United States to such forces.
(3) Factors that have hindered, or may in the future hinder, the
development of professional, sustainable, and capable such forces.
(4) With respect to the effort to train, advise, assist, and equip
such forces, the extent to which the December 2020 decision to reduce
and reposition outside Somalia the majority of the members of the United
States Armed Forces assigned to carry out the effort has impacted the
effectiveness of the effort.
(d) Report.--Not later than December 31, 2023, the entity selected to
conduct the assessment required by subsection (a) shall submit to the Secretary
and the congressional defense committees a report containing the findings of the
assessment.
(e) Funding.--Of the amounts authorized to be appropriated for fiscal year
2023 and available for operation and maintenance for Defense-wide activities, up
to $1,000,000 shall be made available for the assessment required by subsection
(a).
SEC. 1211. SECURITY COOPERATION ACTIVITIES AT COUNTER-UAS UNIVERSITY.
Not later than 90 days after the date of the enactment of this Act, the
Secretary of Defense shall brief the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives on how the
Department of Defense intends to bolster security cooperation activities with
allies and partners at the C-UAS University, including an identification of any
shortfalls in resourcing or gaps in authorities that could inhibit these
security cooperation efforts.
SEC. 1212. DEFENSE OPERATIONAL RESILIENCE INTERNATIONAL COOPERATION PILOT
PROGRAM.
(a) Establishment.--The Secretary of Defense, in consultation with the
Secretary of State and in coordination with the commanders of the geographic
combatant commands, may establish a pilot program, to be known as the ``Defense
Operational Resilience International Cooperation Pilot Program'' (in this
section referred to as the ``pilot program'') to support engagement with
military forces of partner countries on defense-related environmental and
operational energy issues in support of the theater campaign plans of the
geographic combatant commands.
(b) Duration.--The Secretary of Defense may carry out the pilot program
during the period beginning on the date of the enactment of this Act and ending
on December 31, 2025.
(c) Limitations.--
(1) Purposes.--The pilot program shall be limited to the following
purposes:
(A) To build military-to-military relationships in support
of the efforts of the Department of Defense to engage in long-
term strategic competition.
(B) To sustain the mission capability and forward posture of
the Armed Forces of the United States.
(C) To enhance the capability, capacity, and resilience of
the military forces of partner countries.
(2) Prohibited assistance.--The Secretary may not use the pilot
program to provide assistance that is in violation of section 362 of
title 10, United States Code, or otherwise prohibited by law.
(3) Security cooperation.--The Secretary shall plan and prioritize
assistance, training, and exercises with partner countries pursuant to
the pilot program in a manner that is consistent with applicable
guidance relating to security cooperation program and activities of the
Department of Defense.
(d) Funding.--Of amounts authorized to be appropriated by this Act for each
of fiscal years 2023 through 2025 and available for operation and maintenance,
the Secretary may make available $10,000,000 to support the pilot program, which
shall be allocated in accordance with the priorities of the commanders of the
geographic combatant commands.
(e) Annual Report.--
(1) In general.--With respect to each year the Secretary carries out
the pilot program, the Secretary shall submit to the congressional
defense committees a report on obligations and expenditures made to
carry out the pilot program during the fiscal year that precedes the
year during which each such report is submitted.
(2) Deadline.--The Secretary shall submit each such report not later
than March 1 of each year during which the Secretary has authority to
carry out the pilot program.
(3) Elements.--Each such report shall include the following:
(A) An accounting of each obligation and expenditure made to
carry out the pilot program, disaggregated, where applicable, by
partner country and military force of a partner country.
(B) An explanation of the manner in which each such
obligation or expenditure--
(i) supports the national defense of the United
States; and
(ii) is in accordance with limitations described in
subsection (c).
(C) Any other matter the Secretary determines to be
relevant.
(f) Temporary Cessation of Authorization.--No funds authorized to be
appropriated or otherwise made available for any of fiscal years 2023 through
2025 for the Department of Defense may be made available for the ``Defense
Environmental International Cooperation Program''. During the period specified
in subsection (b), all activities and functions of the ``Defense Environmental
International Cooperation Program'' may only be carried out under the pilot
program.
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1221. EXTENSION OF AUTHORITY FOR CERTAIN PAYMENTS TO REDRESS INJURY AND
LOSS.
Section 1213(a) of the National Defense Authorization Act for Fiscal Year
2020 (10 U.S.C. 2731 note) is amended by striking ``December 31, 2023'' and
inserting ``December 31, 2033''.
SEC. 1222. ADDITIONAL MATTERS FOR INCLUSION IN REPORTS ON OVERSIGHT IN
AFGHANISTAN.
Section 1069(a) of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 135 Stat. 1912) is amended--
(1) by redesignating paragraphs (9) through (16) as paragraphs (14)
through (21), respectively;
(2) by inserting after paragraph (8) the following new paragraphs:
``(9) An assessment of the status of--
``(A) defense intelligence assets dedicated to Afghanistan
and used by the Department of Defense, including the types and
amounts of intelligence, surveillance, and reconnaissance
coverage over Afghanistan during the period covered by the
report; and
``(B) the ability of the United States to detect emerging
threats emanating from Afghanistan against the United States,
its allies, and its partners.
``(10) An assessment of local or indigenous counterterrorism
partners of the Department of Defense.
``(11) An assessment of risks to the mission and risks to United
States military personnel involved in over-the-horizon counterterrorism
operations.
``(12) An update on Department of Defense efforts to secure new
basing or access agreements with countries in Central Asia.
``(13) An update on the policy guidance for counterterrorism
operations of the Department of Defense in Afghanistan.''; and
(3) in paragraph (18), as so redesignated, by striking
``Afganistan'' and inserting ``Afghanistan''.
SEC. 1223. PROHIBITION ON TRANSPORTING CURRENCY TO THE TALIBAN AND THE ISLAMIC
EMIRATE OF AFGHANISTAN.
None of the amounts authorized to be appropriated by this Act or otherwise
made available to the Department of Defense may be made available for the
operation of any aircraft of the Department of Defense to transport currency or
other items of value to the Taliban, the Islamic Emirate of Afghanistan, or any
subsidiary, agent, or instrumentality of either the Taliban or the Islamic
Emirate of Afghanistan.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
SEC. 1231. MODIFICATION OF ANNUAL REPORT ON THE MILITARY CAPABILITIES OF IRAN
AND RELATED ACTIVITIES.
Section 1245(b)(3) of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84) is amended--
(1) in subparagraph (B), by striking ``and regional militant
groups'' and all that follows and inserting ``, regional militant
groups, and Iranian-linked proxy groups, in particular those forces as
having been assessed as to be willing to carry out terrorist operations
on behalf of Iran or in response to a military attack by another country
on Iran;'';
(2) by redesignating subparagraphs (C) through (G) as subparagraphs
(E) through (I), respectively;
(3) by inserting after subparagraph (B) the following:
``(C) the types and amount of support to be assessed under
subparagraph (B) shall include support provided to Lebanese
Hezbollah, Hamas, Palestinian Islamic Jihad, the Popular Front
for the Liberation of Palestine, Asa'ib ahl al-Haq, Harakat
Hezbollah al-Nujaba, Kata'ib Sayyid al-Shuhada, Kata'ib al-Imam
Ali, Kata'ib Hezbollah, the Badr Organization, the Fatemiyoun,
the Zainabiyoun, and Ansar Allah (also known as the `Houthis');
``(D) the threat from Special Groups in Iraq, including
Kata'ib Hezbollah and Asa'ib Ahl al-Haq, to United States and
coalition forces located in Iraq and Syria;''; and
(4) in subparagraph (I), as redesignated, by striking the period at
the end and inserting ``; and''; and
(5) by adding at the end the following:
``(J) all formal or informal agreements involving a
strategic military or security partnership with the Russian
Federation, the People's Republic of China, or any proxies of
either such country.''.
SEC. 1232. EXTENSION OF AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES OF THE
OFFICE OF SECURITY COOPERATION IN IRAQ.
(a) Source of Funds.--Subsection (d) of section 1215 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 114-92; 129 Stat. 1045; 10
U.S.C. 113 note) is amended by striking ``fiscal year 2022'' and inserting
``fiscal year 2023''.
(b) Limitation on Availability of Funds.--Of the amounts authorized to be
appropriated by this Act or otherwise made available for fiscal year 2023 for
the Office of the Secretary of the Air Force for travel expenses, not more than
90 percent may be obligated or expended until the date on which a staffing plan
for the Office of Security Cooperation in Iraq is implemented.
(c) Waiver.--The Secretary of Defense may waive the restriction on the
obligation or expenditure of funds imposed by subsection (b) if the Secretary of
Defense determines that implementation of such a staffing plan is not feasible
and submits to the congressional defense committees, at the time the waiver is
invoked, a notification of the waiver that includes a justification detailing
the reasons for which such a plan cannot be implemented.
SEC. 1233. EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE TO VETTED SYRIAN GROUPS
AND INDIVIDUALS.
(a) Extension.--Subsection (a) of section 1209 of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 128 Stat. 3541) is amended, in the matter preceding
paragraph (1), by striking ``December 31, 2022'' and inserting ``December 31,
2023''.
(b) Limitation on Cost of Construction and Repair Projects.--Subsection
(l)(3)(D) of such section is amended by striking ``December 31, 2022'' and
inserting ``December 31, 2023''.
SEC. 1234. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE TO
COUNTER THE ISLAMIC STATE OF IRAQ AND SYRIA.
(a) In General.--Subsection (a) of section 1236 of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 128 Stat. 3558) is amended, in the matter preceding
paragraph (1), by striking ``December 31, 2022'' and inserting ``December 31,
2023''.
(b) Funding.--Subsection (g) of such section is amended--
(1) by striking ``fiscal year 2022'' and inserting ``fiscal year
2023''; and
(2) by striking ``$345,000,000'' and inserting ``$358,000,000''.
(c) Limitation on Cost of Construction and Repair Projects.--Subsection
(o)(5) of such section is amended by striking ``December 31, 2022'' and
inserting ``December 31, 2023''.
SEC. 1235. PROHIBITION ON TRANSFERS TO IRAN.
None of the amounts authorized to be appropriated by this Act or otherwise
made available to the Department of Defense may be made available to transfer or
facilitate a transfer of pallets of currency, currency, or other items of value
to the Government of Iran, any subsidiary of such Government, or any agent or
instrumentality of Iran.
SEC. 1236. REPORT ON ISLAMIC REVOLUTIONARY GUARD CORPS-AFFILIATED OPERATIVES
ABROAD.
(a) In General.--Not later than 180 days after the date of the enactment of
this Act, the Secretary of State, in consultation with the Secretary of Defense,
shall submit to the appropriate congressional committees a report that includes
a detailed description of--
(1) all Islamic Revolutionary Guard Corps-affiliated operatives
serving in diplomatic and consular posts abroad; and
(2) the ways in which the Department of State and the Department of
Defense are working with partner countries to inform them of the threat
posed by Islamic Revolutionary Guard Corps-affiliated officials serving
in diplomatic and consular roles in third party countries.
(b) Form.--The report required under subsection (a) shall be submitted in
unclassified form but may contain a classified annex.
(c) Appropriate Congressional Committees Defined.--In this section, the term
``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on Foreign
Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on Foreign
Affairs of the House of Representatives.
SEC. 1237. ASSESSMENT OF SUPPORT TO IRAQI SECURITY FORCES AND KURDISH PESHMERGA
FORCES TO COUNTER AIR AND MISSILE THREATS.
(a) In General.--Not later than April 1, 2023, the Secretary of Defense
shall submit to the congressional defense committees a report on support to
Iraqi Security Forces and Kurdish Peshmerga Forces to counter air and missile
threats.
(b) Contents.--The report submitted under subsection (a) shall include the
following:
(1) An assessment of the threat from missiles, rockets, and unmanned
aerial systems (UAS) to United States and coalition armed forces located
in Iraq, including the Iraqi Kurdistan Region.
(2) An assessment of the current state of air defense capabilities
of United States and coalition armed forces located in Iraq, including
the Iraqi Kurdistan Region.
(3) Identification of perceived gaps in air defense capabilities of
United States and coalition armed forces and the implications for the
security of such forces in Iraq, including the Iraqi Kurdistan Region.
(4) Recommendations for training or equipment needed to overcome the
assessed air defense deficiencies of United States and coalition armed
forces in Iraq, including the Iraqi Kurdistan Region.
(5) An assessment of the current state of the air defense
capabilities of partner armed forces in Iraq, including the Iraqi
Security Forces and Kurdish Peshmerga Forces.
(6) An assessment of the perceived gaps in air defense capabilities
of partner armed forces in Iraq, including the Iraqi Security Forces and
Kurdish Peshmerga Forces.
(7) An assessment of recommended training and equipment and
available level of equipment to maximize air defense capabilities of
partner armed forces in Iraq, including the Iraqi Security Forces and
Kurdish Peshmerga Forces.
(8) Such other matters as the Secretary considers appropriate.
SEC. 1238. INTERAGENCY STRATEGY TO DISRUPT AND DISMANTLE NARCOTICS PRODUCTION
AND TRAFFICKING AND AFFILIATED NETWORKS LINKED TO THE REGIME OF
BASHAR AL-ASSAD IN SYRIA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Captagon trade linked to the regime of Bashar al-Assad in
Syria is a transnational security threat; and
(2) the United States should develop and implement an interagency
strategy to deny, degrade, and dismantle Assad-linked narcotics
production and trafficking networks.
(b) Defined Term.--In this section, the term ``appropriate congressional
committees'' means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on the Judiciary of the Senate;
(4) the Committee on Foreign Relations of the Senate;
(5) the Committee on Banking, Housing, and Urban Affairs of the
Senate;
(6) the Select Committee on Intelligence of the Senate;
(7) the Committee on Armed Services of the House of Representatives;
(8) the Committee on Appropriations of the House of Representatives;
(9) the Committee on the Judiciary of the House of Representatives;
(10) the Committee on Foreign Affairs of the House of
Representatives;
(11) the Committee on Financial Services of the House of
Representatives; and
(12) the Permanent Select Committee on Intelligence of the House of
Representatives.
(c) Strategy Required.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense, the Secretary of the Treasury, the Administrator
of the Drug Enforcement Administration, the Director of National
Intelligence, the Director of the Office of National Drug Control
Policy, and the heads of other appropriate Federal agencies, shall
provide a written strategy (with a classified annex, if necessary), to
the appropriate congressional committees for disrupting and dismantling
narcotics production and trafficking and affiliated networks linked to
the regime of Bashar al-Assad in Syria.
(2) Contents.--The strategy required under paragraph (1) shall
include--
(A) a detailed plan for--
(i) targeting, disrupting and degrading networks
that directly and indirectly support the narcotics
infrastructure of the Assad regime, particularly through
diplomatic and intelligence support to law enforcement
investigations; and
(ii) building counter-narcotics capacity to partner
countries through assistance and training to law
enforcement services in countries (other than Syria)
that are receiving or transiting large quantities of
Captagon;
(B)(i) the identification of the countries that are
receiving or transiting large shipments of Captagon;
(ii) an assessment of the counter-narcotics capacity of such
countries to interdict or disrupt the smuggling of Captagon; and
(iii) an assessment of current United States assistance and
training programs to build such capacity in such countries;
(C) the use of sanctions, including sanctions authorized
under section the Caesar Syria Civilian Protection Act of 2019
(22 U.S.C. 8791 note; title LXXIV of division F of Public Law
116-92), and associated actions to target individuals and
entities directly or indirectly associated with the narcotics
infrastructure of the Assad regime;
(D) the use of global diplomatic engagements associated with
the economic pressure campaign against the Assad regime to
target its narcotics infrastructure;
(E) leveraging multilateral institutions and cooperation
with international partners to disrupt the narcotics
infrastructure of the Assad regime; and
(F) mobilizing a public communications campaign to increase
awareness of the extent of the connection of the Assad regime to
the illicit narcotics trade.
SEC. 1239. PROHIBITION ON TRANSFERS TO BADR ORGANIZATION.
None of the amounts authorized to be appropriated by this Act or otherwise
made available to the Department of Defense may be made available, directly or
indirectly, to the Badr Organization.
SEC. 1240. REPORT ON UNITED NATIONS ARMS EMBARGO ON IRAN.
Not later than 180 days after the date of the enactment of this Act, the
Secretary of State, in consultation with the Secretary of Defense, shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives, the Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives an unclassified
report, which may include a classified annex, that includes--
(1) a detailed assessment of whether and how Iranian arms
proliferation, particularly drone proliferation, has increased following
the expiration of the United Nations arms embargo on Iran in October
2020; and
(2) a description of the measures that the Departments of State and
Defense are taking to constrain Iran's ability to supply, sell, or
transfer, directly or indirectly, arms or related materiel, including
spare parts, to include Iranian proliferation of drones.
Subtitle D--Matters Relating to Russia
SEC. 1241. MODIFICATION AND EXTENSION OF UKRAINE SECURITY ASSISTANCE INITIATIVE.
(a) Authority to Provide Assistance.--Subsection (a) of section 1250 of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1608) is amended to read as follows:
``(a) Authority to Provide Assistance.--
``(1) In general.--Amounts available for a fiscal year under
subsection (f) shall be available to the Secretary of Defense, with the
concurrence of the Secretary of State, to provide, for the purposes
described in paragraph (2), appropriate security assistance and
intelligence support, including training, equipment, and logistics
support, supplies and services, salaries and stipends, and sustainment,
to--
``(A) the military and national security forces of Ukraine;
and
``(B) other forces or groups recognized by, and under the
authority of, the Government of Ukraine, including governmental
entities within Ukraine that are engaged in resisting Russian
aggression.
``(2) Purposes described.--The purposes described in this paragraph
are as follows:
``(A) To enhance the capabilities of the military and other
security forces of the Government of Ukraine to defend against
further aggression.
``(B) To assist Ukraine in developing the combat capability
to defend its sovereignty and territorial integrity.
``(C) To support the Government of Ukraine in defending
itself against actions by Russia and Russian-backed
separatists.''.
(b) Appropriate Security Assistance and Intelligence Support.--Subsection
(b) of such section is amended in paragraph (4) to read as follows:
``(4) Manned and unmanned aerial capabilities, including tactical
surveillance systems and fixed and rotary-wing aircraft, such as attack,
strike, airlift, and surveillance aircraft.''.
(c) Availability of Funds.--Subsection (c) of such section is amended--
(1) in paragraph (1), by striking ``funds available for fiscal year
2022 pursuant to subsection (f)(7)'' and inserting ``funds available for
fiscal year 2023 pursuant to subsection (f)(8)'';
(2) in paragraph (3), by striking ``fiscal year 2022'' and inserting
``fiscal year 2023'';
(3) by striking paragraph (5); and
(4) by adding at the end the following:
``(6) Waiver of certification requirement.--The Secretary of
Defense, with the concurrence of the Secretary of the State, may waive
the certification requirement in paragraph (2) if the Secretary submits
to the congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs of the
House of Representatives a written certification, not later than 5 days
after exercising the waiver, that doing so is in the national interest
of the United States due to exigent circumstances caused by the Russian
invasion of Ukraine.''.
(d) United States Inventory and Other Sources.--Subsection (d) of such
section is amended--
(1) in paragraph (1), by inserting ``, and to recover or dispose of
such weapons or other defense articles, or to make available such
weapons or articles to ally and partner governments to replenish
comparable stocks which ally or partner governments have provided to the
Government of Ukraine,'' after ``and defense services''; and
(2) by adding at the end the following:
``(3) Congressional notification.--Not later than 10 days before
providing replenishment to an ally or partner government pursuant to
paragraph (1), the Secretary of Defense shall transmit to the
congressional defense committees, the Committee on Foreign Relations of
the Senate, and the Committee on Foreign Affairs of the House of
Representatives a notification containing the following:
``(A) An identification of the recipient foreign country.
``(B) A detailed description of the articles to be provided,
including the dollar value, origin, and capabilities associated
with the articles.
``(C) A detailed description of the articles provided to
Ukraine to be replenished, including the dollar value, origin,
and capabilities associated with the articles.
``(D) The impact on United States stocks and readiness of
transferring the articles.
``(E) An assessment of any security, intellectual property,
or end use monitoring issues associated with transferring the
articles.''.
(e) Funding.--Subsection (f) of such section is amended by adding at the end
the following:
``(8) For fiscal year 2023, $800,000,000.''.
(f) Termination of Authority.--Subsection (h) of such section is amended by
striking ``December 31, 2023'' and inserting ``December 31, 2024''.
(g) Waiver of Certification Requirement.--Such section is amended--
(1) by redesignating the second subsection (g) as subsection (i);
and
(2) by adding at the end the following:
``(j) Expedited Notification Requirement.--Not later than 15 days before
providing assistance or support under subsection (a), or as far in advance as is
practicable if the Secretary of Defense determines, on a case-by-case basis,
that extraordinary circumstances exist that impact the national security of the
United States, the Secretary shall transmit to the congressional defense
committees, the Committee on Foreign Relations of the Senate, and the Committee
on Foreign Affairs of the House of Representatives a notification containing a
detailed description of the assistance or support to be provided, including--
``(1) the objectives of such assistance or support;
``(2) the budget for such assistance or support; and
``(3) the expected or estimated timeline for delivery of such
assistance or support.''.
SEC. 1242. EXTENSION OF LIMITATION ON MILITARY COOPERATION BETWEEN THE UNITED
STATES AND RUSSIA.
Section 1232(a) of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328; 130 Stat. 2488), is amended by striking ``2021, or
2022'' and inserting ``2021, 2022, 2023, 2024, 2025, 2026, or 2027''.
SEC. 1243. MODIFICATION TO ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS
INVOLVING THE RUSSIAN FEDERATION.
Section 1234 of the National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 134 Stat. 3936) is amended--
(1) in subsection (b)--
(A) by redesignating paragraph (24) as paragraph (26); and
(B) by inserting after paragraph (23) the following:
``(24) The impacts of United States sanctions on improvements to the
Russian military and its proxies, including an assessment of the impacts
of the maintenance or revocation of such sanctions.
``(25) A detailed description of--
``(A) how Russian private military companies are being
utilized to advance the political, economic, and military
interests of the Russian Federation;
``(B) the direct or indirect threats Russian private
military companies present to United States security interests;
and
``(C) how sanctions that are currently in place to impede or
deter Russian private military companies from continuing their
malign activities have impacted the Russian private military
companies' behavior.''; and
(2) in subsection (e)--
(A) in paragraph (1), by inserting ``, the Permanent Select
Committee on Intelligence,'' after ``the Committee on Armed
Services''; and
(B) in paragraph (2), by inserting ``, the Select Committee
on Intelligence,'' after ``the Committee on Armed Services''.
SEC. 1244. TEMPORARY AUTHORIZATIONS RELATED TO UKRAINE AND OTHER MATTERS.
(a) Temporary Authorizations for Covered Agreements Related to Ukraine.--
(1) Covered agreement defined.--In this subsection, the term
``covered agreement'' includes a contract, subcontract, transaction, or
modification of a contract, subcontract, or transaction awarded by the
Department of Defense--
(A) to build the stocks of critical munitions and other
defense articles of the Department;
(B) to provide materiel and related services to foreign
allies and partners that have provided support to the Government
of Ukraine; and
(C) to provide materiel and related services to the
Government of Ukraine.
(2) Public interest.--
(A) In general.--A covered agreement may be presumed to be
in the public interest for purposes of meeting the requirements
of subsection (a)(7) of section 3204 of title 10, United States
Code.
(B) Procedures.--Notwithstanding the provisions of
subsection (a)(7) of section 3204 of title 10, United States
Code, with respect to a covered agreement--
(i) the head of an agency may delegate the authority
under that subsection to an officer or employee who--
(I) in the case of an officer or employee
who is a member of the Armed Forces, is serving
in a grade at or above brigadier general or rear
admiral (lower half); or
(II) in the case of a civilian officer or
employee, is serving in a position with a grade
under the General Schedule (or any other
schedule for civilian officers or employees)
that is comparable to or higher than the grade
of brigadier general or rear admiral (lower
half); and
(ii) not later than 7 days before using the
applicable procedures under section 3204 of title 10,
United States Code, the head of an agency, or a designee
of the head of an agency, shall submit to the
congressional defense committees a written notification
of the use of such procedures.
(C) Documentation.--Consistent with paragraph (4)(C) of
subsection (e) of section 3204 of title 10, United States Code,
the documentation otherwise required by paragraph (1) of such
subsection is not required in the case of a covered agreement.
(3) Procurement authorities.--The special emergency procurement
authorities provided under subsections (b) and (c) of section 1903 of
title 41, United States Code, may be used by the Department of Defense
for a covered agreement.
(4) Undefinitized contractual actions.--The head of an agency may
waive the provisions of subsections (a) and (c) of section 3372 of title
10, United States Code, for a covered agreement.
(5) Technical data packages for large-caliber cannon.--The
requirements of section 7542 of title 10, United States Code, do not
apply to the transfer of technical data to an international partner for
the production of large-caliber cannons produced for--
(A) the replacement of defense articles from stocks of the
Department of Defense provided to the Government of Ukraine or
to foreign countries that have provided support to Ukraine at
the request of the United States, or
(B) contracts awarded by the Department of Defense to
provide materiel directly to the Government of Ukraine.
(6) Temporary exemption from certified cost and pricing data
requirements.--
(A) In general.--At the Federal Government's discretion, the
requirements under section 3702 of title 10, United States Code,
shall not apply to a covered agreement awarded on a fixed-price
incentive firm target basis, where target price equals ceiling
price, and the Government underrun share ratio is a minimum of
60 percent with a cap for the negotiated profit dollars of 15
percent of target cost.
(B) Use of exemption.--The following shall apply to an
exemption under subparagraph (A):
(i) Awarded profit dollars shall be fixed, but the
contractor may ultimately realize a profit rate of
higher than 15 percent by underrunning target costs.
(ii) The target prices negotiated by the Federal
Government shall not exceed the most recent negotiated
prices for the same items while allowing for appropriate
adjustments, including those for quantity differences or
relevant, applicable economic indices.
(C) Application.--An exemption under subparagraph (A) shall
apply to subcontracts under prime contracts that are exempt
under this paragraph.
(7) Termination of temporary authorizations.--The provisions of this
subsection shall terminate on September 30, 2024.
(b) Modification of Cooperative Logistic Support Agreements: NATO
Countries.--Section 2350d of title 10, United States Code, is amended--
(1) in the section heading, by striking ``logistic support'' and
inserting ``acquisition and logistics support'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``logistics support'' and inserting
``acquisition and logistics support''; and
(ii) in subparagraph (B), by striking ``logistic
support'' and inserting ``acquisition and logistics
support''; and
(B) in paragraph (2)(B), by striking ``logistics support''
and inserting ``armaments and logistics support''; and
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``Partnership Agreement'' and inserting ``Partnership Agreement
or Arrangement'';
(B) in paragraph (1)--
(i) by striking ``supply and acquisition of
logistics support in Europe for requirements'' and
inserting ``supply, services, support, and acquisition,
including armaments for requirements''; and
(ii) by striking ``supply and acquisition are
appropriate'' and inserting ``supply, services, support,
and acquisition are appropriate''; and
(C) in paragraph (2), by striking ``logistics support'' each
place it appears and inserting ``acquisition and logistics
support''.
(c) Multiyear Procurement Authority for Certain Munitions.--
(1) Authority for multiyear procurement.--Subject to the provisions
of section 3501 of title 10, United States Code, set forth in paragraph
(3), the head of an agency may enter into one or more multiyear
contracts, beginning in fiscal year 2023, for the procurement of up to--
(A) 864,000 XM1128, XM1113, M107, and M795 (155mm rounds);
(B) 12,000 AGM-179 Joint Air-to-Ground Missiles (JAGM);
(C) 700 M142 High Mobility Artillery Rocket Systems
(HIMARS);
(D) 1,700 MGM-140 Army Tactical Missile Systems (ATACMS);
(E) 2,600 Harpoons;
(F) 1,250 Naval Strike Missiles;
(G) 106,000 Guided Multiple Launch Rocket Systems (GMLRS);
(H) 3,850 PATRIOT Advanced Capability-3 (PAC-3) Missile
Segment Enhancement (MSE);
(I) 5,600 FIM-92 Stinger;
(J) 28,300 FGM-148 Javelin;
(K) 5,100 AIM-120 Advanced Medium-Range Air-to-Air Missile
(AMRAAM);
(L) 2,250,000 Modular Artillery Charge System (MACS);
(M) 12,050 155m Excalibur M982A1;
(N) 950 Long Range Anti-Ship Missiles (LRASM);
(O) 3,100 Joint Air-to-Surface Standoff Missiles (JASSM);
(P) 1,500 Standard Missle-6 Missiles (SM-6); and
(Q) 5,100 Sidewinder Missiles (AIM-9X).
(2) Procurement in conjunction with existing contracts.--The systems
authorized to be procured under paragraph (1) may be procured as
additions to existing contracts covering such programs.
(3) Limited applicability of other law.--In applying section 3501 of
title 10, United States Code, to paragraph (1), only the following
provisions of that section shall apply:
(A) Subsection (f).
(B) Subsection (g), in which the term ``contract described
in subsection (a)'' shall mean a contract awarded pursuant to
the authority of this subsection.
(C) Subsection (i)(1).
(D) Subsection (l)(3).
(4) Authority for advance procurement.--To the extent and in such
amounts as specifically provided in advance in appropriations Acts for
the purposes described in paragraph (1), the head of an agency may enter
into one or more contracts for advance procurement associated with a
program for which authorization to enter into a contract is provided
under paragraph (1) and for systems and subsystems associated with such
program in economic order quantities when cost savings are achievable.
(5) Condition for out-year contract payments.--A contract entered
into under paragraph (1) shall provide that any obligation of the United
States to make a payment under the contract for a fiscal year after
fiscal year 2023 is subject to the availability of appropriations for
that purpose for such later fiscal year.
(d) Definition.--In this section, the term ``head of an agency'' means--
(1) the Secretary of Defense;
(2) the Secretary of the Army;
(3) the Secretary of the Navy; or
(4) the Secretary of the Air Force.
SEC. 1245. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY OF THE
RUSSIAN FEDERATION OVER INTERNATIONALLY RECOGNIZED TERRITORY OF
UKRAINE.
(a) Prohibition.--None of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2023 for the Department of
Defense may be obligated or expended to implement any activity that recognizes
the sovereignty of the Russian Federation over territory internationally
recognized to be the sovereign territory of Ukraine, including Crimea and the
territory Russia claims to have annexed in Kherson Oblast, Zaporizhzia Oblast,
Donetsk Oblast, and Luhansk Oblast.
(b) Waiver.--The Secretary of Defense, with the concurrence of the Secretary
of State, may waive the prohibition under subsection (a) if the Secretary of
Defense--
(1) determines that the waiver is in the national security interest
of the United States; and
(2) on the date on which the waiver is invoked, submits a
notification of the waiver and a justification of the reason for seeking
the waiver to--
(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1246. REPORT ON DEPARTMENT OF DEFENSE PLAN FOR THE PROVISION OF SHORT AND
MEDIUM-TERM SECURITY ASSISTANCE TO UKRAINE.
(a) In General.--Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense, in consultation with the heads of other
relevant Federal agencies, shall submit to the congressional defense committees
a report outlining in detail the plan of the Department of Defense for the
provision of security assistance to the armed forces of Ukraine.
(b) Matters to Be Included.--The report required by subsection (a) shall
include--
(1) primary focus areas for the provision of security assistance to
the armed forces of Ukraine by the Department of Defense, including
priority capabilities, the funding streams used, and a plan to fulfill
training, maintenance, and sustainment requirements associated with such
assistance--
(A) over the next 3 to 6 months; and
(B) over the next 12 to 24 months; and
(2) any other matters the Secretary determines appropriate.
SEC. 1247. OVERSIGHT OF UNITED STATES ASSISTANCE TO UKRAINE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) continued assistance to Ukraine as it fights against the unjust
and unprovoked attack by Russia is of critical importance to United
States national security interests, and oversight and transparency for
such assistance is essential to ensure effective and sustained support;
(2) the executive branch has established the interagency Ukraine
Oversight Working Group, which focuses on conducting comprehensive
oversight, and issued the interagency U.S. Plan to Counter Illicit
Diversion of Certain Advanced Conventional Weapons in Eastern Europe, a
whole-of-government effort to advance accountability and end-use
monitoring of weapons provided in response to the Ukraine crisis, and
continued attention and regular briefings to relevant congressional
oversight committees on such efforts is imperative;
(3) each United States department and agency providing or
facilitating assistance to Ukraine should continue to implement and
institutionalize appropriate transparency, accountability, and end-use
monitoring measures, including exploring creative approaches to
overcoming the challenges associated with delivering assistance during
an active armed conflict, as is detailed in the interagency Plan to
Counter Illicit Diversion;
(4) Inspectors General must continue to carry out comprehensive
oversight and conduct reviews, audits, investigations, and inspections
of United States support and activities carried out in response to
Russia's further invasion of Ukraine, and provide regular briefings to
the appropriate congressional committees on their findings;
(5) the United States and its allies and partners should continue to
support Ukrainian anti-corruption institutions and e-platforms,
including the National Agency for Corruption Prevention, the National
Anti-Corruption Bureau of Ukraine, and the Specialized Anti-Corruption
Prosecutor's Office, in their work to ensure effective assistance
delivery and prevent incidents of waste, fraud, and abuse; and
(6) Ukrainian authorities should also continue to establish new
transparency, accountability, and end-use monitoring initiatives both
independently and in partnership with relevant United States departments
and agencies and other international partners, and the United States
should continue to work with counterparts in Ukraine and other countries
supporting their efforts to further mutual efforts to strengthen and
institutionalize accountability measures and mechanisms.
(b) Report.--
(1) In general.--Not later than April 1, 2023, the Inspector General
of the Department of Defense, in conjunction with the Inspector General
of the Department of State and the Inspector General of the United
States Agency for International Development and in consultation with
other Inspectors General as appropriate, shall submit to the appropriate
congressional committees a report on the oversight framework established
with respect to United States assistance to Ukraine.
(2) Matters to be included.--The report required by this subsection
shall include the following:
(A) The framework the relevant Inspectors General are
currently using or plan to adopt to oversee assistance to
Ukraine in the immediate and longer term, including an
identification of the United States departments and agencies
providing or facilitating such assistance.
(B) Whether there are any gaps in oversight over the
activities and funds for assistance to Ukraine.
(C) An assessment of any failures by United States,
bilateral, or multilateral organizations to work with such
Inspectors General in a timely and transparent manner.
(D) A description of the footprint in Europe of such
Inspectors General for purposes of oversight of assistance to
Ukraine, including presence and access in Ukraine.
(E) To the extent practicable and appropriate, a description
of any known incidents of the misuse of assistance to Ukraine,
including incidents of waste, fraud, abuse, diversion, or
corruption.
(F) Any lessons learned from the manner in which oversight
over assistance to Ukraine has been conducted.
(G) Any findings or recommendations with respect to
assistance to Ukraine.
(c) Definition.--In this section, the term ``appropriate congressional
committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate.
Subtitle E--Matters Relating to the Indo-Pacific Region
SEC. 1251. MODIFICATION TO ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS
INVOLVING THE PEOPLE'S REPUBLIC OF CHINA.
Section 1202(b) of the National Defense Authorization Act for Fiscal Year
2000 (10 U.S.C. 113 note) is amended as follows:
(1) In paragraph (5)--
(A) in subparagraph (A), by inserting ``special
operations,'' after ``theater-level commands,''; and
(B) in subparagraph (B), by striking ``A summary'' and
inserting ``a summary''.
(2) In paragraph (7)(B)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iv) the Middle East.''.
(3) In paragraph (8), by adding at the end the following:
``(F) Special operations capabilities.''.
SEC. 1252. MODIFICATION OF INDO-PACIFIC MARITIME SECURITY INITIATIVE TO
AUTHORIZE USE OF FUNDS FOR THE COAST GUARD.
Section 1263 of the National Defense Authorization Act for Fiscal Year 2016
(10 U.S.C. 333 note) is amended by striking subsection (f) and inserting the
following new subsection (f):
``(f) Availability of Funds for Coast Guard Personnel and Capabilities.--The
Secretary of Defense may use funds made available under this section to
facilitate the participation of Coast Guard personnel in, and the use of Coast
Guard capabilities for, training, exercises, and other activities with foreign
countries under this section.''.
SEC. 1253. MODIFICATION OF PROHIBITION ON PARTICIPATION OF THE PEOPLE'S REPUBLIC
OF CHINA IN RIM OF THE PACIFIC (RIMPAC) NAVAL EXERCISES TO INCLUDE
CESSATION OF GENOCIDE BY CHINA.
Section 1259(a)(1) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (10 U.S.C. 321 note) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(D) ceased committing genocide in China, as articulated in
the Department of State's Country Report on Human Rights
Practices released on April 12, 2022, and engaged in a credible
justice and accountability process for all victims of such
genocide.''.
SEC. 1254. EXTENSION AND MODIFICATION OF PACIFIC DETERRENCE INITIATIVE.
(a) Extension.--Subsection (c) of section 1251 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C.
113 note) is amended--
(1) by striking ``the National Defense Authorization Act for Fiscal
Year 2022'' and inserting ``the National Defense Authorization Act for
Fiscal Year 2023''; and
(2) by striking ``fiscal year 2022'' and inserting ``fiscal year
2023''.
(b) Report on Resourcing United States Defense Requirements for the Indo-
Pacific Region and Study on Competitive Strategies.--Subsection (d)(1) of such
section is amended--
(1) in subparagraph (A), by striking ``fiscal years 2023 and 2024''
and inserting ``fiscal years 2024 and 2025''; and
(2) in subparagraph (B)--
(A) in clause (v), by striking ``security cooperation
activities or resources'' and inserting ``security cooperation
authorities, activities, or resources'';
(B) in clause (vi)(I)(aa)--
(i) in subitem (AA), by striking ``to modernize and
strengthen the'' and inserting ``to improve the posture
and''; and
(ii) in subitem (FF)--
(I) by striking ``to improve'' and inserting
``to modernize and improve''; and
(II) by striking the semicolon at the end
and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vii) A budget display, prepared with the
assistance of the Under Secretary of Defense
(Comptroller), that compares the independent assessment
of the Commander of the United States Indo-Pacific
Command with the amounts contained in the budget display
for the applicable fiscal year under subsection (f).''.
SEC. 1255. EXTENSION OF AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN CLEANUP.
Section 1253(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3955) is
amended by striking ``fiscal year 2022'' and inserting ``fiscal year 2023''.
SEC. 1256. ENHANCED INDICATIONS AND WARNING FOR DETERRENCE AND DISSUASION.
(a) Establishment of Program for Enhanced Indications and Warning.--
(1) Authority.--The Director of the Defense Intelligence Agency may
establish a program to increase warning time of potential aggression by
adversary nation states, focusing especially on the United States Indo-
Pacific Command and United States European Command areas of operations.
(2) Designation.--If the Director establishes the program under
paragraph (1), the program shall be known as the ``Program for Enhanced
Indications and Warning'' (in this section referred to as the
``Program'').
(3) Purpose.--The purpose of the Program that may be established
under paragraph (1) is to gain increased warning time to provide time
for the Department of Defense to mount deterrence and dissuasion actions
to persuade adversaries to refrain from aggression, including through
potential revelations or demonstrations of capabilities and actions to
create doubt in the minds of adversary leaders regarding the prospects
for military success.
(b) Head of Program.--
(1) Appointment.--If the Director establishes the Program, the
Director shall appoint a defense intelligence officer to serve as the
mission manager for the Program.
(2) Designation.--The mission manager for the Program shall be known
as the ``Program Manager for Enhanced Indications and Warning'' (in this
section referred to as the ``Program Manager'').
(c) Sources of Information and Analysis.--If the Director establishes the
Program, the Program Manager shall ensure that the Program makes use of all
available sources of information, from public, commercial, and classified
sources across the intelligence community and the Department of Defense, and
advanced analytics, including artificial intelligence, to establish a system
capable of discerning deviations from normal patterns of behavior and activity
that may indicate preparations for military actions.
(d) Integration With Other Programs.--
(1) Support.--If the Director establishes the Program, the Program
shall be supported, as appropriate, by the Chief Digital and Artificial
Intelligence Officer, the Maven project, by capabilities sponsored by
the Office of the Under Secretary of Defense for Intelligence and
Security, and programs already underway within the Defense Intelligence
Agency.
(2) Agreements.--If the Director establishes the Program, the
Director shall seek to engage in agreements to integrate information and
capabilities from other components of the intelligence community to
facilitate the purpose of the Program.
(e) Briefings.--If the Director establishes the Program, not later than 180
days after the date of the enactment of this Act and not less frequently than
once each year thereafter through 2027, the Program Manager shall provide the
appropriate committees of Congress a briefing on the status of the activities of
the Program.
(f) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the congressional defense committees; and
(B) the congressional intelligence committees (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)).
(2) The term ``intelligence community'' has the meaning given such
term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
SEC. 1257. PROHIBITION ON USE OF FUNDS TO SUPPORT ENTERTAINMENT PROJECTS WITH
TIES TO THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--None of the funds authorized to be appropriated by this Act
may be used to knowingly provide active and direct support to any film,
television, or other entertainment project if the Secretary of Defense has
demonstrable evidence that the project has complied or is likely to comply with
a demand from the Government of the People's Republic of China or the Chinese
Communist Party, or an entity under the direction of the People's Republic of
China or the Chinese Communist Party, to censor the content of the project in a
material manner to advance the national interest of the People's Republic of
China.
(b) Waiver.--The Secretary of Defense may waive the prohibition under
subsection (a) if the Secretary submits to the Committees on Armed Services of
the Senate and House of Representatives a written certification that such a
waiver is in the national interest of the United States.
(c) Policy Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall issue a policy that
describes how the Department of Defense will review requests to provide active
or direct support to any film, television, or other entertainment project. The
policy shall include ways to assess Chinese influence or potential influence
over the content of a film, television, or other entertainment project, actions
the Department can take to prevent Chinese censorship of a project, and criteria
the Department shall use when evaluating requests to support a project.
(d) Limitation.--Of the amounts authorized to be appropriated by this Act
for the official travel expenses of the Office of the Secretary of Defense, not
more than 95 percent may be obligated or expended until the policy required by
subsection (c) is released and transmitted to the congressional defense
committees.
SEC. 1258. REPORTING ON INSTITUTIONS OF HIGHER EDUCATION DOMICILED IN THE
PEOPLE'S REPUBLIC OF CHINA THAT PROVIDE SUPPORT TO THE PEOPLE'S
LIBERATION ARMY.
(a) Determination.--
(1) In general.--The Secretary of Defense, in consultation with the
Director of National Intelligence, shall identify each entity that is an
institution of higher education domiciled in the People's Republic of
China that provides material support to the People's Liberation Army.
(2) Factors.--In making a determination under paragraph (1) with
respect to an entity, the Secretary shall consider the following
factors:
(A) Material support to the implementation of the military-
civil fusion strategy of China.
(B) Material relationship with the Chinese State
Administration for Science, Technology, and Industry for the
National Defense.
(D) Funding received from any organization subordinate to
the Central Military Commission of the Chinese Communist Party.
(E) Supporting or enabling relationship with any security,
defense, or police forces within the Government of China or the
Chinese Communist Party.
(F) Any other factor the Secretary determines is
appropriate.
(b) Report.--Not later than September 30, 2023, the Secretary shall submit
to the appropriate congressional committees a list of each entity identified
pursuant to subsection (a) in unclassified form, with a classified annex, if
necessary.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the Select Committee
on Intelligence of the Senate; and
(B) the Committee on Armed Services and the Permanent Select
Committee on Intelligence of the House of Representatives.
(2) The term ``People's Liberation Army'' means the land, naval, and
air military services, the People's Armed Police, the Strategic Support
Force, the Rocket Force, and any other related security element within
the Government of China or the Chinese Communist Party that the
Secretary determines is appropriate.
SEC. 1259. REVIEW OF PORT AND PORT-RELATED INFRASTRUCTURE PURCHASES AND
INVESTMENTS MADE BY THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF
CHINA AND ENTITIES DIRECTED OR BACKED BY THE GOVERNMENT OF THE
PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--The Secretary of State, in coordination with the Director
of National Intelligence, the Secretary of Defense, and the head of any other
agency the Secretary of State considers necessary, shall conduct a review of
port and port-related infrastructure purchases and investments critical to the
interests and national security of the United States made by--
(1) the Government of the People's Republic of China;
(2) entities directed or backed by the Government of the People's
Republic of China; and
(3) entities with beneficial owners that include the Government of
the People's Republic of China or a private company controlled by the
Government of the People's Republic of China.
(b) Elements.--The review required by subsection (a) shall include the
following:
(1) A list of port and port-related infrastructure purchases and
investments described in that subsection, prioritized in order of the
purchases or investments that pose the greatest threat to United States
economic, defense, and foreign policy interests.
(2) An analysis of the effects the consolidation of such
investments, or the assertion of control by the Government of the
People's Republic of China over entities described in paragraph (2) or
(3) of that subsection, would have on Department of State and Department
of Defense contingency plans.
(3) A description of the integration into ports of technologies
developed and produced by the Government of the People's Republic of
China or entities described in paragraphs (2) or (3) of that subsection,
and the data and cyber security risks posed by such integration.
(4) A description of past and planned efforts by the Secretary of
State and the Secretary of Defense, with the support of the Director of
National Intelligence, to address such purchases, investments, and
consolidation of investments or assertion of control.
(c) Coordination With Other Federal Agencies.--In conducting the review
required by subsection (a), the Secretary of State may coordinate with the head
of any other Federal agency, as the Secretary considers appropriate.
(d) Report.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate committees of Congress a report on the results of the review
under subsection (a).
(2) Form.--The report required by paragraph (1) shall be submitted
in unclassified form, but may contain a classified annex.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence of
the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Port.--The term ``port'' means--
(A) any port--
(i) on the navigable waters of the United States; or
(ii) that is considered by the Secretary of State to
be critical to United States interests; and
(B) any harbor, marine terminal, or other shoreside facility
used principally for the movement of goods on inland waters that
the Secretary of State considers critical to United States
interests.
(3) Port-related infrastructure.--The term ``port-related
infrastructure'' includes--
(A) crane equipment;
(B) logistics, information, and communications systems; and
(C) any other infrastructure the Secretary of State
considers appropriate.
SEC. 1260. ENHANCING MAJOR DEFENSE PARTNERSHIP WITH INDIA.
(a) In General.--Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense, in consultation with the Secretary of State,
shall direct appropriate personnel within the Department of Defense to seek to
engage appropriate counterparts within the Ministry of Defence of India for the
purpose of expanding cooperation on emerging technologies, readiness, and
logistics.
(b) Topics.--At a minimum, the personnel described in subsection (a) shall
seek to engage their counterparts in the Ministry of Defense of India on the
following topics:
(1) Intelligence collection capabilities.
(2) Unmanned aerial vehicles.
(3) Fourth and fifth generation aircraft.
(4) Depot-level maintenance.
(5) Joint research and development.
(6) Fifth generation wireless communication and Open Radio Access
Network technologies.
(7) Defensive cyber capabilities.
(8) Cold-weather capabilities.
(9) Critical and emerging technologies.
(10) Any other matters the Secretary considers relevant.
(c) Briefing.--Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall provide a briefing to the appropriate
committees of Congress that includes--
(1) an assessment of the feasibility and advisability of expanding
cooperation with the Ministry of Defence of India on the topics
described in subsection (b);
(2) a description of other opportunities to expand cooperation with
the Ministry of Defence of India on topics other than the topics
described in such subsection;
(3) a description of any challenges, including agreements,
authorities, and resourcing, that need to be addressed so as to expand
cooperation with the Ministry of Defence of India on the topics
described in such subsection;
(4) an articulation of security considerations to ensure the
protection of research and development, intellectual property, and
United States-provided equipment from being stolen or exploited by
adversaries;
(5) an identification of opportunities for academia and private
industry to participate in expanded cooperation with the Ministry of
Defence of India;
(6) a discussion of opportunities and challenges related to reducing
India's reliance on Russian-built weapons and defense systems; and
(7) any other matter the Secretary considers relevant.
(d) Appropriate Committees of Congress Defined.--In this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the Senate;
and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1261. PILOT PROGRAM TO DEVELOP YOUNG CIVILIAN DEFENSE LEADERS IN THE INDO-
PACIFIC REGION.
(a) In General.--The Secretary of Defense may establish, using existing
authorities of the Department of Defense, a pilot program to enhance engagement
of the Department with young civilian defense and security leaders in the Indo-
Pacific region.
(b) Purposes.--The activities of the pilot program under subsection (a)
shall include training of, and engagement with, young civilian leaders from
foreign partner ministries of defense and other appropriate ministries with a
national defense mission in the Indo-Pacific region for purposes of--
(1) enhancing bilateral and multilateral cooperation between--
(A) civilian leaders in the Department; and
(B) civilian leaders in foreign partner ministries of
defense; and
(2) building the capacity of young civilian leaders in foreign
partner ministries of defense to promote civilian control of the
military, respect for human rights, and adherence to the law of armed
conflict.
(c) Priority.--In carrying out the pilot program under subsection (a), the
Secretary of Defense shall prioritize engagement with civilian defense leaders
from foreign partner ministries of defense who are 40 years of age or younger.
(d) Briefings.--
(1) Design of pilot program.--Not later than June 1, 2023, the
Secretary of Defense, in consultation with the Secretary of State, shall
provide a briefing to the appropriate committees of Congress on the
design of the pilot program under subsection (a).
(2) Progress briefing.--Not later than December 31, 2023, and
annually thereafter until the date on which the pilot program terminates
under subsection (e), the Secretary of Defense, in consultation with the
Secretary of State, shall provide a briefing to the appropriate
committees of Congress on the pilot program that includes--
(A) a description of the activities conducted and the
results of such activities;
(B) an identification of existing authorities used to carry
out the pilot program;
(C) any recommendations related to new authorities or
modifications to existing authorities necessary to more
effectively achieve the objectives of the pilot program; and
(D) any other matter the Secretary of Defense considers
relevant.
(e) Termination.--The pilot program under subsection (a) shall terminate on
December 31, 2026.
(f) Appropriate Committees of Congress Defined.--In this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on Foreign
Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on Foreign
Affairs of the House of Representatives.
SEC. 1262. REPORT ON BILATERAL AGREEMENTS SUPPORTING UNITED STATES MILITARY
POSTURE IN THE INDO-PACIFIC REGION.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with the
Secretary of State, shall submit to the appropriate congressional committees a
report on the adequacy of existing bilateral defense and security agreements
between the United States and foreign governments that support the existing and
planned military posture of the United States in the Indo-Pacific region.
(b) Elements.--The report required by subsection (a) shall include the
following:
(1) An accounting of existing bilateral defense and security
agreements that support the military posture of the United States in the
Indo-Pacific region, by country and type.
(2) An articulation of the need for new bilateral defense and
security agreements, by country and type, to support a more distributed
United States military posture in the Indo-Pacific region, as outlined
by the Global Force Posture Review, including agreements necessary--
(A) to establish new cooperative security locations, forward
operating locations, and other locations in support of
distributed operations; and
(B) to enable exercises and a more rotational force
presence.
(3) A description of the relative priority of the agreements
articulated under paragraph (2).
(4) Any specific request, financial or otherwise, made by a foreign
government or a Federal agency other than the Department of Defense that
complicates the completion of such agreements.
(5) A description of Department activities planned for the current
and subsequent fiscal year that are intended to contribute to the
completion of such agreements.
(6) A description of the manner in which the necessity for such
agreements is communicated to, and coordinated with, the Secretary of
State.
(7) Any other matter the Secretary of Defense considers relevant.
(c) Appropriate Congressional Committees Defined.--In this section, the term
``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on Foreign
Relations, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House of
Representatives.
SEC. 1263. STATEMENT OF POLICY ON TAIWAN.
(a) Statement of Policy.--Consistent with the Taiwan Relations Act (22
U.S.C. 3301 et. seq.), it shall be the policy of the United States to maintain
the capacity of the United States to resist a fait accompli that would
jeopardize the security of the people on Taiwan.
(b) Fait Accompli Defined.--In this section, the term ``fait accompli''
refers to the resort to force by the People's Republic of China to invade and
seize control of Taiwan before the United States can respond effectively.
SEC. 1264. SENSE OF CONGRESS ON JOINT EXERCISES WITH TAIWAN.
It is the sense of Congress that--
(1) joint military exercises with Taiwan are an important component
of improving military readiness;
(2) the Commander of United States Indo-Pacific Command possesses
the authority to carry out such joint military exercises, including
those that--
(A) involve multiple warfare domains and exercise secure
communications between the forces of the United States, Taiwan,
and other foreign partners;
(B) incorporate the participation of multiple combatant and
subordinate unified commands; and
(C) present complex military challenges, including the
multi-domain capabilities of a capable adversary;
(3) the United States should seek to use existing authorities more
effectively to improve the readiness of the military forces of the
United States and Taiwan; and
(4) the naval forces of Taiwan should be invited to participate in
the Rim of the Pacific exercise, as appropriate, conducted in 2024.
SEC. 1265. SENSE OF CONGRESS ON DEFENSE ALLIANCES AND PARTNERSHIPS IN THE INDO-
PACIFIC REGION.
It is the sense of Congress that the Secretary of Defense should continue
efforts that strengthen United States defense alliances and partnerships in the
Indo-Pacific region so as to further the comparative advantage of the United
States in strategic competition with the People's Republic of China, including
by--
(1) enhancing cooperation with Japan, consistent with the Treaty of
Mutual Cooperation and Security Between the United States of America and
Japan, signed at Washington, January 19, 1960, including by developing
advanced military capabilities, fostering interoperability across all
domains, and improving sharing of information and intelligence;
(2) reinforcing the United States alliance with the Republic of
Korea, including by maintaining the presence of approximately 28,500
members of the United States Armed Forces deployed to the country and
affirming the United States commitment to extended deterrence using the
full range of United States defense capabilities, consistent with the
Mutual Defense Treaty Between the United States and the Republic of
Korea, signed at Washington, October 1, 1953, in support of the shared
objective of a peaceful and stable Korean Peninsula;
(3) fostering bilateral and multilateral cooperation with Australia,
consistent with the Security Treaty Between Australia, New Zealand, and
the United States of America, signed at San Francisco, September 1,
1951, and through the partnership among Australia, the United Kingdom,
and the United States (commonly known as ``AUKUS'')--
(A) to advance shared security objectives;
(B) to accelerate the fielding of advanced military
capabilities; and
(C) to build the capacity of emerging partners;
(4) advancing United States alliances with the Philippines and
Thailand and United States partnerships with other partners in the
Association of Southeast Asian Nations to enhance maritime domain
awareness, promote sovereignty and territorial integrity, leverage
technology and promote innovation, and support an open, inclusive, and
rules-based regional architecture;
(5) broadening United States engagement with India, including
through the Quadrilateral Security Dialogue--
(A) to advance the shared objective of a free and open Indo-
Pacific region through bilateral and multilateral engagements
and participation in military exercises, expanded defense trade,
and collaboration on humanitarian aid and disaster response; and
(B) to enable greater cooperation on maritime security and
the threat of global pandemics, including COVID-19;
(6) strengthening the United States partnership with Taiwan,
consistent with the Three Communiques, the Taiwan Relations Act (Public
Law 96-8; 22 U.S.C. 3301 et seq.), and the Six Assurances, with the goal
of improving Taiwan's defensive military capabilities and promoting
peaceful cross-strait relations;
(7) reinforcing the status of the Republic of Singapore as a Major
Security Cooperation Partner of the United States and continuing to
strengthen defense and security cooperation between the military forces
of the Republic of Singapore and the Armed Forces of the United States,
including through participation in combined exercises and training;
(8) engaging with the Federated States of Micronesia, the Republic
of the Marshall Islands, the Republic of Palau, and other Pacific Island
countries, with the goal of strengthening regional security and
addressing issues of mutual concern, including protecting fisheries from
illegal, unreported, and unregulated fishing;
(9) collaborating with Canada, the United Kingdom, France, and other
members of the European Union and the North Atlantic Treaty Organization
to build connectivity and advance a shared vision for the region that is
principled, long-term, and anchored in democratic resilience; and
(10) investing in enhanced military posture and capabilities in the
area of responsibility of the United States Indo-Pacific Command,
identified by the Department of Defense as its priority theater, and
strengthening cooperation in bilateral relationships, multilateral
partnerships, and other international fora to uphold global security and
shared principles, with the goal of ensuring the maintenance of a free
and open Indo-Pacific region.
Subtitle F--Other Matters
SEC. 1271. NORTH ATLANTIC TREATY ORGANIZATION SPECIAL OPERATIONS HEADQUARTERS.
(a) In General.--Subchapter II of chapter 138 of title 10, United States
Code, is amended by adding at the end the following new section 2350r:
``Sec. 2350r. North Atlantic Treaty Organization Special Operations Headquarters
``(a) Authorization.--Of the amounts authorized to be appropriated for each
fiscal year for operation and maintenance for the Army, the Secretary of Defense
is authorized to use up to $50,000,000, to be derived from amounts made
available for support of North Atlantic Treaty Organization (referred to in this
section as `NATO') operations, for each such fiscal year for the purposes set
forth in subsection (b).
``(b) Purposes.--The Secretary shall provide funds for the NATO Special
Operations Headquarters--
``(1) to improve coordination and cooperation between the special
operations forces of NATO countries and countries approved by the North
Atlantic Council as NATO partners;
``(2) to facilitate joint operations by the special operations
forces of NATO countries and such NATO partners;
``(3) to support special operations forces peculiar command,
control, and communications capabilities;
``(4) to promote special operations forces intelligence and
informational requirements within the NATO structure; and
``(5) to promote interoperability through the development of common
equipment standards, tactics, techniques, and procedures, and through
execution of a multinational education and training program.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of chapter 138 of title 10, United States Code, is amended by
adding at the end the following new item:
``2350r. North Atlantic Treaty Organization Special Operations
Headquarters.''.
(c) Repeal.--Section 1244 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2541) is repealed.
SEC. 1272. SENSE OF CONGRESS ON NATO AND UNITED STATES DEFENSE POSTURE IN
EUROPE.
It is the sense of Congress as follows:
(1) The Russian Federation's further invasion of Ukraine poses a
grave threat to United States security and interests around the globe
and to the rules-based international order, including the North Atlantic
Treaty Organization (NATO).
(2) The Russian Federation has demonstrated a complete disregard for
the safety of civilians during its unlawful and unprovoked invasion of
Ukraine, which has involved indiscriminate bombing of civilian areas and
executions of noncombatants.
(3) The United States stands with the people of Ukraine and condemns
the heinous acts committed by the Russian Federation against them, and
Congress strongly supports continued assistance to Ukraine to sustain
its ability to repel Russian invasion forces and continue to retake its
sovereign territory.
(4) NATO remains the strongest and most successful military alliance
in the world, founded on a commitment by its members to uphold the
principles of democracy, individual liberty, and the rule of law. The
NATO alliance has grown more robust and more united in response to
Russia's 2022 further invasion of Ukraine, as allies have enhanced their
deterrence and defense posture, and continued to send military aid to
bolster Ukraine's defenses.
(5) The United States--
(A) strongly supports the path of Sweden and Finland toward
NATO membership, as evidenced by the overwhelming bipartisan
Senate vote providing advice and consent to the ratification of
the Protocols of the North Atlantic Treaty of 1949 on the
Accession of the Republic of Finland and the Kingdom of Sweden;
(B) urges all NATO allies who have not ratified their
accession to do so as soon as possible;
(C) reaffirms its ironclad commitment to NATO as the
foundation of transatlantic security and to upholding its
obligations under the North Atlantic Treaty, including Article
5; and
(D) encourages NATO members to move swiftly to meet their
commitments made at the June 2022 NATO Summit to expand NATO's
multinational battle groups and enhance military posture on
NATO's eastern flank, and to urgently continue progress on
meeting their Wales Pledge commitments, capability targets,
contributions to NATO missions and operations, and resilience
commitments.
(6) America's European allies and partners have--
(A) made significant contributions to Ukraine's defense
against the Russian invasion, including critical military,
economic, and humanitarian aid, sanctions, and export controls,
to erode Russia's ability to sustain its aggression; and
(B) welcomed millions of Ukrainian refugees forced to flee
their homeland.
(7) The United States must continue to work with these allies and
partners to sustain this support, to collectively reconstitute weapons
stocks, and to maintain unified resolve to reduce threats to critical
infrastructure ranging from Russia's weaponization of energy to China's
predatory investments in transportation and telecommunications
infrastructure.
(8) The United States should develop and implement a long-term plan
to adapt United States posture in Europe to the altered threat
environment. The elevated United States posture currently in Europe is
crucial in the current threat environment, and the United States posture
changes announced during the June 2022 NATO Summit are important steps,
including the establishment of the first permanently stationed
headquarters in Poland, the commitment to maintain a rotational brigade
combat team and headquarters in Romania, enhanced rotations to the
Baltic countries, and the forward-stationing of two additional
destroyers in Rota, Spain.
(9) European Deterrence Initiative (EDI) investments have proven
crucial to United States and NATO abilities to rapidly reinforce the
European theater leading up to and during Russia's further invasion of
Ukraine. The United States should continue robust investments through
EDI, including further enhancing United States posture in Europe and
maintaining a committed schedule of exercises with allies.
(10) The Black Sea is critical to United States interests and to the
security of NATO in the region, given Russia's unprovoked and
unjustified war in Ukraine and Russia's attempts to directly intimidate,
coerce, and otherwise influence countries in this region. These allies'
and partners' security will have major consequences for broader European
security and collective efforts to enhance Black Sea countries' defense
and resilience capabilities are essential. In addition, the United
States and NATO should consider adopting robust intergovernmental and
interagency strategies for the Black Sea, to facilitate further
collaboration among all countries in the region.
(11) Estonia, Latvia, and Lithuania play a critical role in
strategic efforts to continue to deter Russia.
(12) The United States should continue to pursue efforts consistent
with the comprehensive, multilateral Baltic Defense Assessment conducted
by the Department of Defense. Robust support to accomplish United States
strategic objectives, including by providing continued assistance to the
Baltic countries through security cooperation, including cooperation
referred to as the Baltic Security Initiative pursuant to sections 332
and 333 of title 10, United States Code, should continue to be
prioritized in the years to come. Specifically, such assistance should
include the continuation of--
(A) enhancements to critical capabilities that will
strengthen Baltic security as well as strengthen NATO's
deterrence and defense posture, including integrated air and
missile defense, maritime domain awareness, long-range precision
fires, and command and control;
(B) efforts to enhance interoperability among Estonia,
Latvia, and Lithuania and with NATO;
(C) infrastructure and other host-country support
improvements that will enhance United States and allied military
mobility across the region;
(D) efforts to improve resilience to hybrid and cyber
threats in Estonia, Latvia, and Lithuania; and
(E) support for planning and budgeting efforts of Estonia,
Latvia, and Lithuania that are regionally synchronized.
(13) It is in the United States interest to support efforts to
enhance security and stability in the Western Balkans. The United States
should continue its efforts to work with Western Balkans allies and
partners to build interoperability and support institutional reforms.
The United States should also support those countries' efforts to resist
disinformation campaigns, predatory investments, and other means by
which Russia and China may seek to influence this region.
(14) The United States should continue to work closely with European
allies and partners to counter growing malign activities by the People's
Republic of China across Europe, in the Indo-Pacific, and beyond.
SEC. 1273. REPORT ON FIFTH FLEET CAPABILITIES UPGRADES.
(a) In General.--Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the congressional defense
committees a report on--
(1) capabilities upgrades necessary to enable the Fifth Fleet to
address emerging threats in its area of responsibility; and
(2) any costs associated with such upgrades.
(b) Elements.--The report required by subsection (a) shall include the
following:
(1) An assessment of seaborne threats posed by Iran, and groups
linked to Iran, to the military forces of United States allies and
partners operating in the waters in and around the broader Middle East.
(2) A description of any capabilities upgrades necessary to enable
the Fifth Fleet to address such threats.
(3) An estimate of the costs associated with any such upgrades.
(4) A description of any United States plan to deepen cooperation
with other member countries of the Combined Maritime Forces at the
strategic, policy, and functional levels for the purpose of addressing
such threats, including by--
(A) enhancing coordination on defense planning;
(B) improving intelligence sharing; and
(C) deepening maritime interoperability.
(c) Broader Middle East Defined.--In this section, the term ``broader Middle
East'' means--
(1) the land around the southern and eastern shores of the
Mediterranean Sea;
(2) the Arabian Peninsula;
(3) Iran; and
(4) North Africa.
SEC. 1274. REPORT ON USE OF SOCIAL MEDIA BY FOREIGN TERRORIST ORGANIZATIONS.
(a) Report.--Not later than one year after the date of the enactment of this
Act, the Director of National Intelligence, in coordination with the Secretary
of State and the Secretary of Defense, shall submit to the appropriate
congressional committees a report on--
(1) the use of online social media platforms by entities designated
as foreign terrorist organizations by the Secretary of State for
recruitment, fundraising, and the dissemination of information; and
(2) the threat posed to the national security of the United States
by the online radicalization of terrorists and violent extremists with
ties to foreign governments or elements thereof, foreign organizations,
or foreign persons, or international terrorist activities.
(b) Appropriate Congressional Committees.--In this section, the term
``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Permanent Select Committee on Intelligence of the House
of Representatives; and
(2) the Committee on Armed Services, the Committee on Foreign
Relations, and the Select Committee on Intelligence of the Senate.
SEC. 1275. REPORT AND FEASIBILITY STUDY ON COLLABORATION TO MEET SHARED NATIONAL
SECURITY INTERESTS IN EAST AFRICA.
(a) Report on Foreign Assistance and Other Activities in Somaliland.--
(1) Defined term.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate; and
(B) the Committee on Foreign Affairs of the House of
Representatives.
(2) Report.--
(A) In general.--Not later than September 30, 2023, and
annually thereafter until the date that is 5 years after the
date of the enactment of this Act, the Secretary of State, in
consultation with the Administrator of the United States Agency
for International Development, shall submit to the appropriate
congressional committees a report that, with respect to the most
recently concluded 12-month period--
(i) describes assistance provided by the Department
of State and the United States Agency for International
Development to Somaliland, including--
(I) the value of such assistance (in United
States dollars);
(II) the source from which such assistance
was funded;
(III) the names of the programs through
which such assistance was administered;
(IV) the implementing partners through which
such assistance was provided;
(V) the sponsoring bureau of the Department
of State or the United States Agency for
International Development; and
(VI) if the assistance broadly targeted the
Federal Republic of Somalia, the portion of such
assistance that was--
(aa) explicitly intended to support
Somaliland; and
(bb) ultimately employed in
Somaliland;
(ii) details the staffing and responsibilities of
the Department of State and the United States Agency for
International Development supporting foreign assistance,
diplomatic engagement, and security initiatives in
Somaliland, including the location of such personnel
(duty station) and their corresponding bureau;
(iii) provides--
(I) a detailed account of travel to
Somaliland by employees of the Department of
State and the United States Agency for
International Development, if any, including the
position, duty station, and trip purpose for
each such trip; or
(II) the justification for not traveling to
Somaliland if no such personnel traveled during
the reporting period; and
(iv) if the Department of State has provided
training to security forces of the Federal Member States
(FMS), and Somaliland, including--
(I) where such training has occurred;
(II) the extent to which FMS and Somaliland
security forces have demonstrated the ability to
absorb previous training; and
(III) the ability of FMS and Somaliland
security forces to maintain and appropriately
utilize such training, as applicable.
(B) Form.--The report required under subparagraph (A) shall
be submitted in unclassified form, but may contain a classified
annex.
(b) Feasibility Study.--
(1) Defined term.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
(2) Feasibility study.--The Secretary of State, in consultation with
the Secretary of Defense, shall conduct a feasibility study that--
(A) determines whether opportunities exist for greater
collaboration in the pursuit of United States national security
interests in the Horn of Africa, the Gulf of Aden, and the Indo-
Pacific region with the Federal Government of Somalia and
Somaliland; and
(B) identifies the practicability and advisability of
improving the professionalization and capacity of security
sector actors within the Federal Member States (FMS) and
Somaliland.
(3) Report to congress.--Not later than June 15, 2023, the Secretary
of State, in consultation with the Secretary of Defense and the heads of
other relevant Federal departments and agencies, shall submit a
classified report to the appropriate congressional committees that
contains the results of the feasibility study required under paragraph
(2).
(c) Rule of Construction.--Nothing in this Act, including the reporting
requirement under subsection (a) and the conduct of the feasibility study under
subsection (b), may be construed to convey United States recognition of
Somalia's FMS or Somaliland as an independent entity.
SEC. 1276. ASSESSMENT OF CHALLENGES TO IMPLEMENTATION OF THE PARTNERSHIP AMONG
AUSTRALIA, THE UNITED KINGDOM, AND THE UNITED STATES.
(a) In General.--The Secretary of Defense shall seek to enter into an
agreement with a federally funded research and development center for the
conduct of an independent assessment of resourcing, policy, and process
challenges to implementing the partnership among Australia, the United Kingdom,
and United States (commonly known as the ``AUKUS partnership'') announced on
September 21, 2021.
(b) Matters to Be Considered.--In conducting the assessment required by
subsection (a), the federally funded research and development center shall
consider the following with respect to each of Australia, the United Kingdom,
and the United States:
(1) Potential resourcing and personnel shortfalls.
(2) Information sharing, including foreign disclosure policy and
processes.
(3) Statutory, regulatory, and other policies and processes.
(4) Intellectual property, including patents.
(5) Export controls, including technology transfer and protection.
(6) Security protocols and practices, including personnel,
operational, physical, facility, cybersecurity, counterintelligence,
marking and classifying information, and handling and transmission of
classified material.
(7) Industrial base implications specifically including options to
expand the United States submarine and nuclear power industrial base to
meet United States and Australia requirements.
(8) Alternatives that would significantly accelerate Australia's
national security, including--
(A) interim submarine options to include leasing or
conveyance of legacy United States submarines for Australia's
use; or
(B) the conveyance of B-21 bombers.
(9) Any other matter the Secretary considers appropriate.
(c) Recommendations.--The federally funded research and development center
selected to conduct the assessment under this section shall include, as part of
such assessment, recommendations for improvements to resourcing, policy, and
process challenges to implementing the AUKUS partnership.
(d) Report.--
(1) In general.--Not later than January 1, 2024, the Secretary shall
submit to the congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs of the
House of Representatives a report that includes an unaltered copy of
such assessment, together with the views of the Secretary on the
assessment and on the recommendations included in the assessment
pursuant to subsection (c).
(2) Form of report.--The report required by paragraph (1) shall be
submitted in unclassified form but may contain a classified annex.
SEC. 1277. MODIFICATION AND EXTENSION OF UNITED STATES-ISRAEL COOPERATION TO
COUNTER UNMANNED AERIAL SYSTEMS.
(a) Authority to Establish Capabilities to Counter Unmanned Aerial
Systems.--Subsection (a)(1) of section 1278 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1702; 22
U.S.C. 8606 note) is amended in the first sentence by inserting after ``to
establish capabilities for countering unmanned aerial systems'' the following
``, including directed energy capabilities,''.
(b) Support in Connection With the Program.--Subsection (b) of such section
is amended--
(1) in paragraph (3)(B), by inserting at the end before the period
the following: ``, including directed energy capabilities''; and
(2) in paragraph (4), by striking ``$25,000,000'' and inserting
``$40,000,000''.
(c) Sunset.--Subsection (f) of such section is amended by striking
``December 31, 2024'' and inserting ``December 31, 2026''.
SEC. 1278. SENSE OF CONGRESS AND BRIEFING ON MULTINATIONAL FORCE AND OBSERVERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Multinational Force and Observers has helped strengthen
stability and kept the peace in Sinai Peninsula; and
(2) the United States should continue to maintain its strong support
for the Multinational Force and Observers.
(b) Briefing.--Not later than 60 days before the implementation of any plan
to move a Multinational Force and Observer site, the Secretary of Defense shall
brief the Committee on Armed Services and the Committee on Foreign Affairs of
the House of Representatives and the Committee on Armed Services and the
Committee on Foreign Relations of the Senate on the resulting impacts of such
plan on existing security arrangements between Israel and Egypt.
SEC. 1279. BRIEFING ON DEPARTMENT OF DEFENSE PROGRAM TO PROTECT UNITED STATES
STUDENTS AGAINST FOREIGN AGENTS.
Not later than 240 days after the date of the enactment of this Act, the
Secretary of Defense shall provide a briefing to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House of
Representatives on the program described in section 1277 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91), including an
assessment on whether the program is beneficial to students interning, working
part time, or in a program that will result in employment post-graduation with
Department of Defense components and contractors.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense health program.
Subtitle B--National Defense Stockpile
Sec. 1411. Reform of the Strategic and Critical Materials Stock Piling
Act.
Sec. 1412. Modification of acquisition authority under Strategic and
Critical Materials Stock Piling Act.
Sec. 1413. Briefings on shortfalls in National Defense Stockpile.
Sec. 1414. Authority to acquire materials for the National Defense
Stockpile.
Sec. 1415. Department of Defense readiness to support prolonged
conflict.
Subtitle C--Other Matters
Sec. 1421. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund for
Captain James A. Lovell Health Care Center,
Illinois.
Sec. 1422. Authorization of appropriations for Armed Forces Retirement
Home.
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2023 for the
use of the Armed Forces and other activities and agencies of the Department of
Defense for providing capital for working capital and revolving funds, as
specified in the funding table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2023 for expenses,
not otherwise provided for, for Chemical Agents and Munitions Destruction,
Defense, as specified in the funding table in section 4501.
(b) Use.--Amounts authorized to be appropriated under subsection (a) are
authorized for--
(1) the destruction of lethal chemical agents and munitions in
accordance with section 1412 of the Department of Defense Authorization
Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the United
States that is not covered by section 1412 of such Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department of Defense
for fiscal year 2023 for expenses, not otherwise provided for, for Drug
Interdiction and Counter-Drug Activities, Defense-wide, as specified in the
funding table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department of Defense
for fiscal year 2023 for expenses, not otherwise provided for, for the Office of
the Inspector General of the Department of Defense, as specified in the funding
table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2023 for the
Defense Health Program for use of the Armed Forces and other activities and
agencies of the Department of Defense for providing for the health of eligible
beneficiaries, as specified in the funding table in section 4501.
Subtitle B--National Defense Stockpile
SEC. 1411. REFORM OF THE STRATEGIC AND CRITICAL MATERIALS STOCK PILING ACT.
(a) Repeal of Strategic Materials Protection Board.--Section 187 of title
10, United States Code, is repealed.
(b) Strategic and Critical Materials Board of Directors.--Section 10 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-1) is amended
to read as follows:
``SEC. 10. STRATEGIC AND CRITICAL MATERIALS BOARD OF DIRECTORS.
``(a) Establishment.--There is established a Strategic and Critical
Materials Board of Directors (in this Act referred to as the `Board').
``(b) Members.--The Board shall be composed, at a minimum, of the following:
``(1) The Assistant Secretary of Defense for Industrial Base Policy,
who shall serve as chairman of the Board.
``(2) One designee of each of the Secretary of Commerce, the
Secretary of State, the Secretary of Energy, and the Secretary of the
Interior.
``(3) One designee of each of the Chairman and Ranking Member of the
Readiness Subcommittee of the House Committee on Armed Services.
``(4) One designee of each of the Chairman and Ranking Member of the
Readiness Subcommittee of the Senate Committee on Armed Services.
``(5) Four designees of the chairman of the Board, who shall have
expertise relating to military affairs, defense procurement, production
of strategic and critical materials, finance, or any other disciplines
deemed necessary by the chairman to conduct the business of the Board.
``(c) Duties of the Board.--In addition to other matters assigned to it by
the chairman, the Board shall conduct the following, without power of
delegation:
``(1) Adopt by-laws that ensure sufficient oversight, governance,
and effectiveness of the National Defense Stockpile program.
``(2) Elect or remove Board members.
``(3) Advise the National Defense Stockpile Manager.
``(4) Establish performance metrics and conduct an annual
performance review of the National Defense Stockpile Manager.
``(5) Set compensation for the National Defense Stockpile Manager.
``(6) Review and approve the annual budget of the National Defense
Stockpile program and conduct appropriate reviews of annual financial
statements.
``(7) Re-allocate budget resources within the annual budget of the
National Defense Stockpile program.
``(8) Review and approve the Annual Materials and Operations Plan
required by section 11(a)(2) of this Act, including a review of the
projected domestic and foreign economic effects of proposed actions to
be taken under the Annual Materials and Operations Plan.
``(9) Complete and submit the annual Board Report, in accordance
with section 11(b)(2) of this Act.
``(10) Recommend to the Secretary of Defense--
``(A) a strategy to ensure a secure supply of materials
designated as critical to national security; and
``(B) such other strategies as the Board considers
appropriate to strengthen the industrial base with respect to
materials critical to national security.
``(d) Board Meetings.--The Board shall meet as determined necessary by the
chairman but not less frequently than once every year to fulfill the duties
described in subsection (c).
``(e) Application of Federal Advisory Committee Act.--Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board.
``(f) Definitions.--In this section:
``(1) Materials critical to national security.--The term `materials
critical to national security' means materials--
``(A) upon which the production or sustainment of military
equipment is dependent; and
``(B) the supply of which could be restricted by actions or
events outside the control of the Government of the United
States.
``(2) Military equipment.--The term `military equipment' means
equipment used directly by the Armed Forces to carry out military
operations.
``(3) Secure supply.--The term `secure supply', with respect to a
material, means the availability of a source or sources for the
material, including the full supply chain for the material and
components containing the material.''.
(c) Reports.--Section 11 of such Act (50 U.S.C. 98h-2) is amended to read as
follows:
``SEC. 11. REPORTS.
``(a) Reports to the Board.--The National Defense Stockpile Manager shall
submit to the Board the following:
``(1) Not later than 40 calendar days after the last day of each of
the first three fiscal quarters in each fiscal year, unaudited financial
statements and a Manager's Discussion and Analysis for the immediately
preceding fiscal quarter.
``(2) Not later than 60 calendar days after the conclusion of the
fourth quarter of each fiscal year--
``(A) audited financial statements and a Manager's
Discussion and Analysis for the immediately preceding fiscal
year; and
``(B) an Annual Materials and Operations Plan for the
forthcoming year.
``(b) Reports to Congress.--
``(1) Reports by national defense stockpile manage.--Not later than
90 days after the conclusion of the fourth quarter of each fiscal year,
the National Defense Stockpile Manager shall submit to the congressional
defense committees (as defined in section 101(a) of title 10, United
States Code) a report that shall include--
``(A) information with respect to foreign and domestic
purchases of materials for the stockpile during the preceding
fiscal year;
``(B) information with respect to the acquisition and
disposal of materials under this Act by barter, during such
fiscal year;
``(C) information with respect to the activities by the
National Defense Stockpile Manager to encourage the
conservation, substitution, and development of strategic and
critical materials;
``(D) information with respect to the research and
development activities conducted under section 8 of this Act;
``(E) audited annual financial statements for the Strategic
and Critical Materials Fund;
``(F) other pertinent information on the administration of
this Act as will enable the Congress to evaluate the
effectiveness of the program;
``(G) details of all planned expenditures from the Strategic
and Critical Materials Fund over the Future Years' Defense
Program and anticipated receipts from proposed disposals of
stockpile materials; and
``(H) the report required by paragraph (2).
``(2) Report by the board.--The Board shall prepare a written report
to accompany the report required by paragraph (1) which shall include--
``(A) the activities of the Board to carry out the duties
listed in section 10(c) of this Act; and
``(B) the most recent Annual Materials and Operations Plan
submitted under subsection (a)(2)(B).''.
(d) Conforming Amendments.--
(1) Strategic and critical materials stock piling act.--The
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.)
is amended--
(A) in section 5(a)(2)--
(i) by striking ``certain stockpile transactions''
and all that follows through ``submitted the President
proposes''; and
(ii) by striking ``any such transaction'' and
inserting the following: ``any stockpile transactions
proposed in the Annual Materials and Operations Plan for
such fiscal year after the Board submits the report
under section 11(b)(2) containing such plan''; and
(B) in section 15--
(i) in subsection (c)(1), by striking ``annual
materials plan'' and inserting ``Annual Materials and
Operations Plan''; and
(ii) in subsection (e)--
(I) by inserting ``, acting through the
National Defense Stockpile Manager,'' after
``The President''; and
(II) by striking ``section 11(a)'' and
inserting ``section 11(b)(1)''.
(2) Title 10.--Title 10 of the United States Code is amended--
(A) in section 4863(g), by striking ``Strategic Materials
Protection Board pursuant to section 187 of this title'' and
inserting ``Strategic and Critical Materials Board of Directors
pursuant to section 10 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98h-1)''; and
(B) in section 4872(c)(3)(B), by striking `` Strategic
Materials Protection Board pursuant to section 187 of this
title'' and inserting ``Strategic and Critical Materials Board
of Directors pursuant to section 10 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h-1)''.
SEC. 1412. MODIFICATION OF ACQUISITION AUTHORITY UNDER STRATEGIC AND CRITICAL
MATERIALS STOCK PILING ACT.
(a) In General.--Section 5 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98d) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the first sentence, by inserting ``under the
authority of paragraph (3) of this section or'' after
``Except for acquisitions made''; and
(ii) in the second sentence, by striking ``for such
acquisition'' and inserting ``for any acquisition of
materials under this Act''; and
(B) by adding at the end the following:
``(3) Using funds appropriated for acquisition of materials under this Act,
the National Defense Stockpile Manager may acquire materials determined to be
strategic and critical under section 3(a) without regard to the requirement of
the first sentence of paragraph (1) if the Stockpile Manager determines there is
a shortfall of such materials in the stockpile.''; and
(2) in subsection (c), by striking ``to carry out the purposes for
which appropriated for a period of two fiscal years, if so provided in
appropriation Acts'' and inserting ``until expended, unless otherwise
provided in appropriations Acts''.
(b) Increase in Quantities of Materials to Be Stockpiled.--Section 3(c)(2)
of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(c)(2))
is amended--
(1) by amending the first sentence to read as follows: ``The
President shall notify Congress in writing of any increase proposed to
be made in the quantity of any material to be stockpiled that involves
the acquisition of additional materials for the stockpile.'';
(2) in the second sentence, by striking ``the change after the end
of the 45-day period'' and inserting ``the increase after the end of the
30-day period''; and
(3) in the third sentence, by striking ``change'' and inserting
``increase''.
SEC. 1413. BRIEFINGS ON SHORTFALLS IN NATIONAL DEFENSE STOCKPILE.
Section 14 of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h-5) is amended by adding at the end the following new subsection:
``(f)(1) Not later than March 1 each year, the National Defense Stockpile
Manager shall provide to the congressional defense committees a briefing on
strategic and critical materials that--
``(A) are determined to be in shortfall in the most recent report on
stockpile requirements submitted under subsection (a); and
``(B) the acquisition or disposal of which is included in the Annual
Materials and Operations Plan for the operation of the stockpile during
the next fiscal year submitted under section 11(b).
``(2) Each briefing required by paragraph (1) shall include--
``(A) a description of each material described in that paragraph,
including the objective to be achieved if funding is provided, in whole
or in part, for the acquisition of the material to remedy the shortfall;
``(B) an estimate of additional amounts required to provide such
funding, if any; and
``(C) an assessment of the supply chain for each such material,
including any assessment of any relevant risk in any such supply
chain.''.
SEC. 1414. AUTHORITY TO ACQUIRE MATERIALS FOR THE NATIONAL DEFENSE STOCKPILE.
(a) Acquisition Authority.--Of the funds appropriated into the National
Defense Stockpile Transaction Fund pursuant to the authorization of
appropriations under subsection (c), the National Defense Stockpile Manager may
use up to $1,003,500,000 for acquisition of the following materials determined
to be strategic and critical materials required to meet the defense, industrial,
and essential civilian needs of the United States:
(1) Neodymium oxide, praseodymium oxide, and neodymium iron boron
(NdFeB) magnet block.
(2) Titanium.
(3) Energetic materials.
(4) Iso-molded graphite.
(5) Grain-oriented electric steel.
(6) Tire cord steel.
(7) Cadmium zinc telluride.
(8) Any additional materials identified as stockpile requirements in
the most recent report submitted to Congress under section 14 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-5).
(b) Fiscal Year Limitation.--The authority under subsection (a) is available
for purchases during fiscal years 2023 through 2032.
(c) Authorization of Appropriations.--There is authorized to be appropriated
to the National Defense Stockpile Transaction Fund $1,003,500,000 for the
acquisition of strategic and critical materials under section 6(a) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98e(a)).
(d) Compliance With Strategic and Critical Materials Stock Piling Act.--Any
acquisition using funds appropriated pursuant to the authorization of
appropriations under subsection (c) shall be carried out in accordance with the
provisions of the Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98 et seq.).
SEC. 1415. DEPARTMENT OF DEFENSE READINESS TO SUPPORT PROLONGED CONFLICT.
(a) Studies Required.--
(1) In general.--For each report required by section 14(a) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-5(a)),
the National Defense Stockpile Manager shall--
(A) conduct a study on the strategic materials required by
the Department of Defense to sustain combat operations for not
less than one year against the pacing threat identified in the
National Defense Strategy; and
(B) not later than January 15, 2024, submit to the
congressional defense committees a report on such study in a
classified form with an unclassified summary.
(2) Energy storage and electronic components.--
(A) In general.--The Under Secretary of Defense for
Acquisition and Sustainment shall conduct a study of the energy
storage and electronic components necessary to sustain combat
operations for not less than one year against the pacing threat
identified in the National Defense Strategy.
(B) Report.----
(i) In general.--Not later than January 15, 2024,
the Under Secretary of Defense for Acquisition and
Sustainment shall submit to the congressional defense
committees a report on the study required under
subparagraph (A).
(ii) Form.--The report required by clause (i) shall
be submitted in an unclassified form but may contain a
classified annex.
(iii) Elements.--The report required by clause (i)
shall include the following:
(I) A description of the specific number and
type of energy storage and electronic components
that the Department of Defense requires for the
manufacture of munitions, combat support items,
and weapon systems to sustain combat operations.
(II) A description of the specific number
and type of energy storage and electronic
components that the Department of Defense
requires to replenish or replace munitions,
combat support items, and weapon systems that
are lost or expended during the execution and
sustainment of the relevant operational plan.
(III) A description of supply chain
vulnerabilities during the sustainment and
execution period, such as sole sources of
supply, war damage, and shipping interdiction.
(IV) A description of supply chain
vulnerabilities prior to the sustainment and
execution period and the replenishment and
replacement period, such as reliance on sole
sources of supply, geographic proximity to
strategic competitors, and diminishing
manufacturing sources.
(V) An identification of alternative sources
of supply for energy and electronics components
that are domestic or are from allies or partners
of the United States.
(VI) An assessment of the technical and
economic feasibility of the preparedness and
response programs of the Department of Defense,
such as the National Defense Stockpile, the
Warstopper program, war reserves and pre-
positioned stocks, contract options, or other
methods to mitigate postulated shortfalls to
Department of Defense requirements.
(VII) Any other such elements deemed
appropriate by the Under Secretary of Defense
for Acquisition and Sustainment.
(C) Energy storage and electronic component defined.--In
this paragraph, the term ``energy storage and electronic
component'' includes--
(i) an item that operates by controlling the flow of
electrons or other electrically charged particles in
circuits, using interconnections of electrical devices
such as resistors, inductors, capacitors, diodes,
switches, transistors, or integrated circuits; and
(ii) battery cells, battery modules, battery packs,
and other related components related to batteries.
(b) Acquisition Priority.--Consistent with the authority in section 5 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d) and subject to
the availability of appropriations, the National Defense Stockpile Manager shall
acquire the highest priority strategic and critical materials identified in the
report submitted under subsection (a)(1).
(c) Strategic and Critical Materials Defined.--In this section, the term
``strategic and critical materials'' has the meaning given such term in section
12 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-3).
Subtitle C--Other Matters
SEC. 1421. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF DEFENSE-
DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION FUND
FOR CAPTAIN JAMES A. LOVELL HEALTH CARE CENTER, ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds authorized to be
appropriated for section 1405 and available for the Defense Health Program for
operation and maintenance, $168,000,000 may be transferred by the Secretary of
Defense to the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund established by subsection (a)(1) of section
1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704,
any funds so transferred shall be treated as amounts authorized and appropriated
specifically for the purpose of such a transfer.
(b) Use of Transferred Funds.--For the purposes of subsection (b) of such
section 1704, facility operations for which funds transferred under subsection
(a) may be used are operations of the Captain James A. Lovell Federal Health
Care Center, consisting of the North Chicago Veterans Affairs Medical Center,
the Navy Ambulatory Care Center, and supporting facilities designated as a
combined Federal medical facility under an operational agreement covered by
section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4500).
SEC. 1422. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2023 from the
Armed Forces Retirement Home Trust Fund the sum of $152,360,000 of which--
(1) $75,360,000 is for operation, maintenance, construction and
renovation; and
(2) $77,000,000 is for major construction.
TITLE XV--CYBER AND INFORMATION OPERATIONS MATTERS
Subtitle A--Cyber Matters
Sec. 1501. Improvements to Principal Cyber Advisors.
Sec. 1502. Annual reports on support by military departments for United
States Cyber Command.
Sec. 1503. Modification of office of primary responsibility for
strategic cybersecurity program.
Sec. 1504. Tailored cyberspace operations organizations.
Sec. 1505. Establishment of support center for consortium of
universities that advise Secretary of
Defense on cybersecurity matters.
Sec. 1506. Alignment of Department of Defense cyber international
strategy with National Defense Strategy and
Department of Defense Cyber Strategy.
Sec. 1507. Enhancement of cyberspace training and security cooperation.
Sec. 1508. Military Cybersecurity Cooperation with Hashemite Kingdom of
Jordan.
Sec. 1509. Management and oversight of Joint Cyber Warfighting
Architecture.
Sec. 1510. Integrated non-kinetic force development.
Sec. 1511. Protection of critical infrastructure.
Sec. 1512. Budget display for cryptographic modernization activities
for certain systems of the Department of
Defense.
Sec. 1513. Establishing projects for data management, artificial
intelligence, and digital solutions.
Sec. 1514. Operational testing for commercial cybersecurity
capabilities.
Subtitle B--Information Operations
Sec. 1521. Requirement to notify Chief of Mission of military operation
in the information environment.
Sec. 1522. Assessment and optimization of Department of Defense
information and influence operations
conducted through cyberspace.
Sec. 1523. Joint information operations course.
Sec. 1524. Limitation on availability of certain funds until submission
of joint lexicon for terms related to
information operations.
Sec. 1525. Limitation on availability of funds pending submittal of
information operations strategy and posture
review.
Sec. 1526. Limitation on availability of certain funds until submission
of assessments relating to cybersecurity of
the defense industrial base.
Subtitle C--Personnel
Sec. 1531. Cyber operations-peculiar awards.
Sec. 1532. Establishment of Cyber Operations Designator and rating for
the Navy.
Sec. 1533. Total force generation for the Cyberspace Operations Forces.
Sec. 1534. Correcting cyber mission force readiness shortfalls.
Sec. 1535. Department of Defense Cyber and Digital Service Academy.
Sec. 1536. Report on recommendations from Navy Civilian Career Path
study.
Sec. 1537. Study to determine optimal strategy for structuring and
manning elements of Joint Force
Headquarters-Cyber Organizations, Joint
Mission Operations Centers, and Cyber
Operations-Integrated Planning Elements.
Sec. 1538. Manning review of Space Force cyber squadrons.
Sec. 1539. Independent review of posture and staffing levels of Office
of the Chief Information Officer.
Sec. 1540. Independent assessment of Civilian Cybersecurity Reserve for
Department of Defense.
Sec. 1541. Comprehensive review of Cyber Excepted Service.
Subtitle D--Reports and Other Matters
Sec. 1551. Pilot program for sharing cyber capabilities and related
information with foreign operational
partners.
Sec. 1552. Demonstration program for cyber and information technology
budget data analytics.
Sec. 1553. Plan for commercial cloud test and evaluation.
Sec. 1554. Roadmap and implementation plan for cyber adoption of
artificial intelligence.
Sec. 1555. Review of Department of Defense implementation of
recommendations from Defense Science Board
cyber report.
Sec. 1556. Annual briefing on relationship between National Security
Agency and United States Cyber Command.
Sec. 1557. Review of definitions associated with Cyberspace Operations
Forces.
Sec. 1558. Annual assessments and reports on assignment of certain
budget control responsibility to Commander
of United States Cyber Command.
Sec. 1559. Assessments of weapons systems vulnerabilities to radio-
frequency enabled cyber attacks.
Sec. 1560. Briefing on Department of Defense plan to deter and counter
adversaries in the information environment.
Subtitle A--Cyber Matters
SEC. 1501. IMPROVEMENTS TO PRINCIPAL CYBER ADVISORS.
(a) Certification Authority for Cyberspace Operations.--Subsection (c) of
section 932 of the National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 10 U.S.C. 2224 note) is amended by adding at the end the
following:
``(4) Budget review.--(A) The Secretary of Defense, acting through
the Under Secretary of Defense (Comptroller), shall require the
Secretaries of the military departments and the heads of the Defense
agencies with responsibilities associated with any activity specified in
paragraph (2) to transmit the proposed budget for such activities for a
fiscal year and for the period covered by the future-years defense
program submitted to Congress under section 221 of this title for that
fiscal year to the Principal Cyber Advisor for review under subparagraph
(B) before submitting the proposed budget to the Under Secretary of
Defense (Comptroller).
``(B) The Principal Cyber Advisor shall review each proposed budget
transmitted under subparagraph (A) and, not later than January 31 of the
year preceding the fiscal year for which the budget is proposed, shall
submit to the Secretary of Defense a report containing the comments of
the Principal Cyber Advisor with respect to all such proposed budgets,
together with the certification of the Principal Cyber Advisor regarding
whether each proposed budget is adequate.
``(C) Not later than March 31 of each year, the Secretary of Defense
shall submit to Congress a report specifying each proposed budget that
the Principal Cyber Advisor did not certify to be adequate. The report
of the Secretary shall include the following matters:
``(i) A discussion of the actions that the Secretary
proposes to take, together with any recommended legislation that
the Secretary considers appropriate, to address the inadequacy
of the proposed budgets specified in the report.
``(ii) Any additional comments that the Secretary considers
appropriate regarding the inadequacy of the proposed budgets.''.
(b) Codification of Principal Cyber Advisors.--
(1) Title 10.--Chapter 19 of title 10, United States Code, is
amended by inserting after section 392 the following new section (and
conforming the table of sections at the beginning of such chapter
accordingly):
``Sec. 392a. Principal Cyber Advisors''.
(2) Principal cyber advisor to secretary of defense.--Subsection (c)
of section 932 of the National Defense Authorization Act for Fiscal Year
2014 (Public Law 113-66; 10 U.S.C. 2224 note), as amended by subsection
(a), is--
(A) transferred to section 392a of title 10, United States
Code, as added by paragraph (1);
(B) redesignated as subsection (a);
(C) amended by striking paragraph (1) and inserting the
following:
``(1) Establishment.--There is a Principal Cyber Advisor in the
Department of Defense.''; and
(D) amended in the subsection heading by inserting ``to
Secretary of Defense'' after ``Advisor''.
(3) Deputy cyber advisor.--Section 905 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 391
note) is--
(A) transferred to chapter 19 of title 10, United States
Code, designated as subsection (b) of section 392a, as added by
paragraph (1), and amended by redesignating each subordinate
provision and the margins thereof accordingly; and
(B) amended--
(i) by striking ``this subsection'' each place it
appears and inserting ``this paragraph''; and
(ii) by striking ``subsection (a)'' each place it
appears and inserting ``paragraph (1)''.
(4) Principal cyber advisors to secretaries of military
departments.--Section 1657 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 391 note) is--
(A) transferred to chapter 19 of title 10, United States
Code, designated as subsection (c) of section 392a, as added by
paragraph (1), and amended by redesignating each subordinate
provision and the margins thereof accordingly; and
(B) amended--
(i) by striking ``subparagraph (B)'' and inserting
``clause (ii)'';
(ii) by striking ``paragraph (1)'' each place it
appears and inserting ``subparagraph (A)'';
(iii) by striking ``paragraph (2)'' each place it
appears and inserting ``subparagraph (B)'';
(iv) by striking ``subsection (a)(1)'' and inserting
``paragraph (1)(A)'';
(v) by striking ``subsection (a)'' each place it
appears and inserting ``paragraph (1)'';
(vi) by striking ``subsection (b)'' each place it
appears and inserting ``paragraph (2)''; and
(vii) by striking paragraph (6) (as redesignated
pursuant to subparagraph (A)).
(c) Conforming Amendments.--
(1) Title 10.--Section 167b(d)(2)(A) of title 10, United States
Code, is amended by inserting ``to the Secretary of Defense under
section 392a(a) of this title'' after ``Principal Cyber Advisor''.
(2) FY22 ndaa.--Section 1528(e)(2) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C.
2224 note) is amended by striking ``section 1657(d) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 391 note)'' and inserting ``section 392a(c)(4) of title 10,
United States Code''.
(3) FY17 ndaa.--Section 1643(b) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C.
2224 note) is amended by striking ``The Principal Cyber Advisor, acting
through the cross-functional team established by section 932(c)(3) of
the National Defense Authorization Act for Fiscal Year 2014 (Public Law
113-66; 10 U.S.C. 2224 note)'' and inserting ``The Principal Cyber
Advisor to the Secretary of Defense, acting through the cross-functional
team under section 392a(a)(3) of title 10, United States Code,''.
SEC. 1502. ANNUAL REPORTS ON SUPPORT BY MILITARY DEPARTMENTS FOR UNITED STATES
CYBER COMMAND.
(a) Annual Reports.--Chapter 19 of title 10, United States Code, is amended
by inserting after section 391 the following new section (and conforming the
table of sections at the beginning of such chapter accordingly):
``Sec. 391a. Annual reports on support by military departments for United States
Cyber Command
``(a) Reports.--Not later than 15 days after the date on which the Secretary
of Defense submits to Congress the defense budget materials (as defined in
section 239 of this title) for a fiscal year, the Commander of the United States
Cyber Command shall submit to the congressional defense committees a report
containing the following:
``(1) An evaluation of whether each military department is meeting
the requirements established by the Commander and validated by the
Office of the Secretary of Defense, and is effectively implementing the
plan required by section 1534 of the National Defense Authorization Act
for Fiscal Year 2023, and the requirements established pursuant to
section 1533 of such Act.
``(2) For each military department evaluated under paragraph (1)--
``(A) a certification that the military department is
meeting such requirements; or
``(B) a detailed explanation regarding how the military
department is not meeting such requirements.
``(b) Elements of Evaluation.--Each evaluation under subsection (a)(1) shall
include, with respect to the military department being evaluated, the following:
``(1) The adequacy of the policies, procedures, and execution of
manning, training, and equipping personnel for employment within the
Cyber Mission Force.
``(2) The sufficiency and robustness of training curricula for
personnel to be assigned to either the Cyber Mission Force or units
within the cyberspace operations forces, and the compliance by the
military department with training standards.
``(3) The adequacy of the policies and procedures relating to the
assignment and assignment length of members of the Army, Navy, Air
Force, Marine Corps, or Space Force to the Cyber Mission Force.
``(4) The efficacy of the military department in filling key work
roles within the Cyber Mission Force, including the proper force mix of
civilian, military, and contractor personnel, and the means necessary to
meet requirements established by the Commander and validated by the
Secretary of Defense.
``(5) The adequacy of the investment to advance cyber-peculiar
science and technology, particularly with respect to capability
development for the Cyber Mission Force.
``(6) The sufficiency of the policies, procedures, and investments
relating to the establishment and management of military occupational
specialty, designator, rating, or Air Force specialty code for personnel
responsible for cyberspace operations, including an assessment of the
effectiveness of the combination of policies determining availability
and retention of sufficient numbers of proficient personnel in key work
roles, including length of service commitment, the use of bonuses and
special pays, alternative compensation mechanisms, and consecutive tours
in preferred assignments.
``(7) In coordination with the Principal Cyber Advisor of the
Department of Defense, an evaluation of the use by the military
department of the shared lexicon of the Department of Defense specific
to cyberspace activities.
``(8) The readiness of personnel serving in the Cyber Mission Force
and the cyberspace operations forces to accomplish assigned missions.
``(9) The adequacy of actions taken during the period of evaluation
by the military department to respond to findings from any previous
years' evaluations.
``(10) Any other element determined relevant by the Commander.''.
(b) First Report.--The Commander of the United States Cyber Command shall
submit to the congressional defense committees the first report under section
391a of title 10, United States Code, as added by subsection (a), as soon as
practicable after the date of the submission of the defense budget materials for
fiscal year 2024.
SEC. 1503. MODIFICATION OF OFFICE OF PRIMARY RESPONSIBILITY FOR STRATEGIC
CYBERSECURITY PROGRAM.
Paragraph (2) of section 1640(c) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2224 note) is amended to read
as follows:
``(2) Office of primary responsibility.--Not later than 30 days
after the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2023, the Secretary of Defense shall designate a
principal staff assistant from within the Office of the Secretary of
Defense whose office shall serve as the office of primary responsibility
for the Program, providing policy, direction, and oversight regarding
the execution of the responsibilities of the program manager described
in paragraph (5).''.
SEC. 1504. TAILORED CYBERSPACE OPERATIONS ORGANIZATIONS.
Section 1723 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 394 note)
is amended by adding at the end the following new subsections:
``(e) Implementation.--Not later than May 1, 2023, the Commanding Officer of
Navy Cyber Warfare Development Group shall submit to the congressional defense
committees an independent review of the study under subsection (a). The review
shall include, at a minimum, evaluations of--
``(1) the value of the study to the Navy Cyber Warfare Development
Group and to the Navy;
``(2) any recommendations not considered or included as part of the
study;
``(3) the implementation of subsection (b); and
``(4) other matters as determined by the Commanding Officer.
``(f) Update to Congress.--Not later than July 1, 2023, the Secretaries of
the military departments and the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict shall provide to the congressional defense
committees a briefing on activities taken during the period following the date
of the briefing provided under subsection (d), including an examination of
establishing Tailored Cyberspace Operations Organizations and use of the
authority provided pursuant to subsection (c).
``(g) Air Force Actions.--Not later than July 1, 2023, the Secretary of the
Air Force shall submit to the congressional defense committees a review of the
activities of the Navy Cyber Warfare Development Group, including with respect
to the authorities of the Group. The review shall include the following:
``(1) An assessment of whether such authorities shall be conferred
on the 90th Cyberspace Operations Squadron of the Air Force.
``(2) A consideration of whether the 90th Cyberspace Operations
Squadron should be designated a controlled tour, as defined by the
Secretary.''.
SEC. 1505. ESTABLISHMENT OF SUPPORT CENTER FOR CONSORTIUM OF UNIVERSITIES THAT
ADVISE SECRETARY OF DEFENSE ON CYBERSECURITY MATTERS.
Section 1659 of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 391 note) is amended by adding at the end the
following new subsection:
``(f) Support Center.--
``(1) Establishment.--The Secretary shall establish a center to
provide support to the consortium established under subsection (a).
``(2) Composition.--
``(A) Requirement.--The center established under paragraph
(1) shall be composed of one or two universities, as the
Secretary considers appropriate, that--
``(i) have been designated as centers of academic
excellence by the Director of the National Security
Agency or the Secretary of Homeland Security; and
``(ii) are eligible for access to classified
information.
``(B) Publication.--The Secretary shall publish in the
Federal Register the process for selection of universities to
serve as the center established under paragraph (1).
``(3) Functions.--The functions of the center established under
paragraph (1) are as follows:
``(A) To promote the consortium established under subsection
(a).
``(B) To distribute on behalf of the Department requests for
information or assistance to members of the consortium.
``(C) To collect and assemble responses from requests
distributed under subparagraph (B).
``(D) To provide additional administrative support for the
consortium.''.
SEC. 1506. ALIGNMENT OF DEPARTMENT OF DEFENSE CYBER INTERNATIONAL STRATEGY WITH
NATIONAL DEFENSE STRATEGY AND DEPARTMENT OF DEFENSE CYBER
STRATEGY.
(a) Alignment Required.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the Under
Secretary of Defense for Policy and in coordination with the commanders of the
combatant commands and the Director of the Joint Staff, shall undertake efforts
to align the cybersecurity cooperation enterprise of the Department of Defense
and the cyberspace operational partnerships of the Department with--
(1) the national defense strategy published in 2022 pursuant to
section 113(g) of title 10, United States Code;
(2) the Cyber Strategy of the Department published during fiscal
year 2023; and
(3) the current International Cyberspace Security Cooperation
Guidance of the Department, as of the date of the enactment of this Act.
(b) Elements.--The alignment efforts under subsection (a) shall include the
following efforts within the Department of Defense:
(1) Efforts to build the internal capacity of the Department to
support international strategy policy engagements with allies and
partners of the United States.
(2) Efforts to coordinate and align cyberspace operations with
foreign partners of the United States, including alignment between hunt-
forward missions and other cyber international strategy activities
conducted by the Department, including identification of processes,
working groups, and methods to facilitate coordination between
geographic combatant commands and the United States Cyber Command.
(3) Efforts to deliberately cultivate operational and intelligence-
sharing partnerships with key allies and partners of the United States
to advance the cyberspace operations objectives of the Department.
(4) Efforts to identify key allied and partner networks,
infrastructure, and systems that the Joint Force will rely upon for
warfighting and to--
(A) support the cybersecurity and cyber defense of those
networks, infrastructure, and systems;
(B) build partner capacity to actively defend those
networks, infrastructure, and systems;
(C) eradicate malicious cyber activity that has compromised
those networks, infrastructure, and systems, such as when
identified through hunt-forward operations; and
(D) leverage the commercial and military cybersecurity
technology and services of the United States to harden and
defend those networks, infrastructure, and systems.
(5) Efforts to secure the environments and networks of mission
partners of the United States used to hold intelligence and information
originated by the United States.
(6) Prioritization schemas, funding requirements, and efficacy
metrics to drive cyberspace security investments in the tools,
technologies, and capacity-building efforts that will have the greatest
positive impact on the resilience and ability of the Department to
execute its operational plans and achieve integrated deterrence.
(c) Organization.--The Under Secretary of Defense for Policy shall lead
efforts to implement this section. In doing so, the Under Secretary shall
consult with the Secretary of State, the National Cyber Director, the Director
of the Cybersecurity and Infrastructure Security Agency, and the Director of the
Federal Bureau of Investigation, to align plans and programs as appropriate.
(d) Annual Briefings.--
(1) Requirement.--Not later than 180 days after the date of the
enactment of this Act, and not less frequently than once each fiscal
year until September 30, 2025, the Under Secretary of Defense for Policy
shall provide to the Committees on Armed Services of the Senate and the
House of Representatives a briefing on the implementation of this
section.
(2) Contents.--Each briefing under paragraph (1) shall include the
following:
(A) An overview of efforts undertaken pursuant to this
section.
(B) An accounting of all the security cooperation activities
of the Department germane to cyberspace and changes made
pursuant to implementation of this section.
(C) A detailed schedule with target milestones and required
expenditures for all planned activities related to the efforts
described in subsection (b).
(D) Interim and final metrics for building the cyberspace
security cooperation enterprise of the Department.
(E) Identification of such additional funding, authorities,
and policies, as the Under Secretary determines may be required.
(F) Such recommendations as the Under Secretary may have for
legislative action to improve the effectiveness of cyberspace
security cooperation of the Department with foreign partners and
allies.
(e) Annual Report.--Not later than 90 days after the date of the enactment
of this Act and not less frequently than once each year thereafter until January
1, 2025, the Under Secretary of Defense for Policy shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed Services of the House
of Representatives a report summarizing the cyber international strategy
activities of the Department, including within the cybersecurity cooperation
enterprise of the Department and the cyber operational partnerships of the
Department.
SEC. 1507. ENHANCEMENT OF CYBERSPACE TRAINING AND SECURITY COOPERATION.
(a) Enhanced Training.--
(1) Requirement.--The Under Secretary of Defense for Intelligence
and Security and the Under Secretary of Defense for Policy, in
coordination with the Commander of United States Cyber Command, the
Director of the Defense Security Cooperation Agency, and the Director of
the Defense Intelligence Agency, shall develop enhanced guidance for and
implement training on cyberspace security cooperation at the Defense
Security Cooperation University and the Joint Military Attache School.
(2) Timing.--The Under Secretaries shall develop the enhanced
guidance and implement the training under paragraph (1)--
(A) by not later than one year after the date of the
enactment of this Act with respect to the Joint Military Attache
School; and
(B) by not later than September 30, 2025, with respect to
the Defense Security Cooperation University.
(3) Elements.--The Under Secretaries shall ensure that the training
on cyberspace security cooperation under paragraph (1)--
(A) is tailored to the trainees' anticipated embassy role
and functions; and
(B) provides familiarity with--
(i) the different purposes of cyberspace engagements
with partners and allies of the United States, including
threat awareness, cybersecurity, mission assurance, and
operations;
(ii) the types of cyberspace security cooperation
programs and activities available for partners and
allies of the United States, including bilateral and
multilateral cyberspace engagements, information and
intelligence sharing, training, and exercises;
(iii) the United States Cyber Command cyberspace
operations with partners, including an overview of the
Hunt Forward mission and process;
(iv) the roles and responsibilities of the United
States Cyber Command, the geographic combatant commands,
and the Defense Security Cooperation Agency for
cybersecurity cooperation within the Department of
Defense; and
(v) such other matters as the Under Secretaries, in
coordination with the Commander of United States Cyber
Command, consider appropriate.
(4) Requirements.--The baseline familiarization training developed
under subsection (a) shall be a required element for all participants in
the Defense Security Cooperation University, the Attache Training
Program, and the Attache Staff Training Program of the Joint Military
Attache School.
(b) Report.--Not later than 180 days after the date of the enactment of this
Act, the Under Secretary of Defense for Intelligence and Security and the Under
Secretary of Defense for Policy, in coordination with the Commander of the
United States Cyber Command, the Director of the Defense Security Cooperation
Agency, and the Director of the Defense Intelligence Agency, shall submit to the
Committees on Armed Services of the Senate and the House of Representatives a
report on the requirements and considerations to implement enhanced training and
coordination to advance cyberspace security cooperation with foreign partners.
The study may consider such areas as the following:
(1) Sufficiency of the training provided in the Defense Security
Cooperation University and the Joint Military Attache School.
(2) Additional training requirements, familiarization requirements,
or both such requirements necessary for officers assigned to particular
locations or positions.
(3) Areas for increased cooperation.
(4) A plan for completing the activities required by subsection (a).
(5) Additional resources required to complete such activities.
(c) Briefing.--Not later than 30 days after the date on which the Under
Secretary of Defense for Intelligence and Security and the Under Secretary of
Defense for Policy submit the report under subsection (b), the Under
Secretaries, in coordination with the Commander of the United States Cyber
Command, the Director of the Defense Security Cooperation Agency, and the
Director of the Defense Intelligence Agency, shall provide to the Committees on
Armed Services of the Senate and the House of Representatives a briefing on the
findings from the report on enhancing training and coordination to advance
cyberspace security cooperation described in such subsection. Such briefing
shall include a discussion on the enhanced training meeting the elements under
subsection (a)(3) and a plan for future updates and sustainment of such
training.
SEC. 1508. MILITARY CYBERSECURITY COOPERATION WITH HASHEMITE KINGDOM OF JORDAN.
(a) Requirement.--Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, acting through the Under Secretary of
Defense for Policy, in concurrence with the Secretary of State and in
coordination with the Commander of the United States Cyber Command and the
Commander of the United States Central Command, shall seek to engage the
Ministry of Defense of the Hashemite Kingdom of Jordan for the purpose of
expanding cooperation of military cybersecurity activities.
(b) Cooperation Efforts.--In expanding the cooperation of military
cybersecurity activities between the Department of Defense and the Ministry of
Defense of the Hashemite Kingdom of Jordan under subsection (a), the Secretary
of Defense may carry out the following efforts:
(1) Bilateral cybersecurity training activities and exercises.
(2) Efforts to--
(A) actively defend military networks, infrastructure, and
systems;
(B) eradicate malicious cyber activity that has compromised
those networks, infrastructure, and systems; and
(C) leverage United States commercial and military
cybersecurity technology and services to harden and defend those
networks, infrastructure, and systems.
(3) Establishment of a regional cybersecurity center.
(c) Briefings.--
(1) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall provide to the appropriate congressional
committees a briefing on the implementation of this section.
(2) Contents.--The briefing under paragraph (1) shall include the
following:
(A) An overview of efforts undertaken pursuant to this
section.
(B) A description of the feasibility and advisability of
expanding the cooperation of military cybersecurity activities
between the Department of Defense and the Ministry of Defense of
the Hashemite Kingdom of Jordan.
(C) Identification of any challenges and resources that need
to be addressed so as to expand such cooperation.
(D) Any other matter the Secretary determines relevant.
(d) Appropriate Congressional Committees Defined.--In this section, the term
``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on Foreign
Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on Foreign
Affairs of the House of Representatives.
SEC. 1509. MANAGEMENT AND OVERSIGHT OF JOINT CYBER WARFIGHTING ARCHITECTURE.
(a) Establishment of Offices.--
(1) Requirement.--The Secretary of Defense, in consultation with the
Commander of the United States Cyber Command, shall establish within the
United States Cyber Command--
(A) a program executive office; and
(B) one or more subordinate program management offices under
the program executive office.
(2) Responsibilities.--The offices established pursuant to paragraph
(1) shall--
(A) oversee, manage, and execute the Joint Cyber Warfighting
Architecture;
(B) oversee, manage, and execute the programs designated, or
to be designated, as part of the Joint Cyber Warfighting
Architecture;
(C) conduct mission engineering, architecting, and design of
the Joint Cyber Warfighting Architecture system of systems, and
any successor effort;
(D) maintain a validated Joint Cyber Warfighting
Architecture system of systems mission architecture, updated
regularly to inform the current and future constituent programs
of the Joint Cyber Warfighting Architecture, and the continuous
delivery pipelines of such programs;
(E) ensure that the Joint Cyber Warfighting Architecture
component solution architectures align with and support the
Joint Cyber Warfighting Architecture system of systems mission
architecture;
(F) support integration of mission-specific capabilities,
including mission-specific data, analytics, defensive tools,
offensive tools, and intelligence systems, acquired through non-
Joint Cyber Warfighting Architecture programs; and
(G) carry out any other responsibilities determined
appropriate by the Secretary of Defense, including the
acquisition of cyber operations capabilities beyond the Joint
Cyber Warfighting Architecture.
(3) Apportionment of responsibilities.--The Commander shall
apportion the responsibilities under paragraph (2) across the offices
established pursuant to paragraph (1).
(4) Authority.--The Secretary shall ensure that the offices
established pursuant to paragraph (1) are empowered with the authority
necessary to compel and enforce compliance with decisions and directives
issued pursuant to the responsibilities under paragraph (2).
(b) Architecture Components.--The Commander shall serve as the sole sponsor
and requirements manager for the Joint Cyber Warfighting Architecture and the
constituent programs of such architecture, as determined by the Commander.
(c) Organization of Program Executive Office.--
(1) Head.--
(A) Reporting.--The head of the program executive office
established under subsection (a)(1)(A) shall report to the
Command Acquisition Executive of the United States Cyber
Command.
(B) Additional oversight.--In addition to the oversight of
the head of the program executive office provided by the Command
Acquisition Executive under subparagraph (A), the Under
Secretary of Defense for Acquisition and Sustainment, the Under
Secretary of Defense for Research and Engineering, and the
Principal Cyber Advisor of the Department of Defense shall
provide oversight of the head.
(2) Responsibilities.--The head of the program executive office
shall--
(A) exercise central technical authority for the Joint Cyber
Warfighting Architecture;
(B) manage and provide oversight of the implementation and
integration of the Architecture; and
(C) provide direction to subordinate program offices, as
determined appropriate by the Commander.
(d) Personnel.--
(1) Necessary positions.--The Commander of the United States Cyber
Command shall ensure that the program executive office or any
subordinate program management office established pursuant to subsection
(a)(1) includes in the staff of the respective office a chief architect,
a systems engineer, and a chief talent officer to--
(A) develop a mission-driven Joint Cyber Warfighting
Architecture optimized for execution of missions of the United
States Cyber Command;
(B) ensure the office is properly and effectively staffed;
and
(C) advise the head of the office with respect to the
execution of--
(i) the central technical authority for the Joint
Cyber Warfighting Architecture;
(ii) the management of the implementation and
integration of the Joint Cyber Warfighting Architecture;
and
(iii) technical direction provided to subordinates
responsible for individual Joint Cyber Warfighting
Architecture programs.
(2) Staffing.--
(A) In general.--The Secretary of Defense, in coordination
with the Commander of the United States Cyber Command, shall
ensure that the offices established pursuant to subsection
(a)(1) are appropriately staffed with expert talent, including
from the following organizations, as appropriate:
(i) The headquarters staff of the United States
Cyber Command, the Cyber National Mission Force, the
Joint Force Headquarters-Cyber, and the Cyber Mission
Force.
(ii) The Capabilities Directorate of the National
Security Agency.
(iii) The military departments.
(iv) The Cyber Capabilities Support Office of the
Air Force.
(v) The Defense Advanced Research Projects Agency.
(vi) The Strategic Capabilities Office.
(vii) Research laboratories of the military
departments.
(viii) The Defense Information Systems Agency.
(B) Technical talent.--In addition to the requirement under
subparagraph (A), to support the permanent staffing of the
offices established pursuant to subsection (a)(1), the Commander
of the United States Cyber Command shall ensure that the offices
deliberately hire and use technical talent resident in the
defense industrial base, commercial technology industry,
federally funded research and development centers, university
affiliated research centers, and the rest of the Federal
Government.
(e) Budget Execution Control.--The Secretary shall provide to the United
States Cyber Command the resources necessary to support the program executive
office established under subsection (a)(1)(A) and the Commander of the United
States Cyber Command shall exercise budget execution control over component
programs of the Joint Cyber Warfighting Architecture that are subject to the
responsibilities assigned to the Commander by section 1507 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C.
167b note).
(f) Constellation Program.--The Director of the Defense Advanced Research
Projects Agency and the head of the program executive office established under
subsection (a)(1)(A) shall plan and carry out the Constellation program by
entering into transactions under section 4021 of title 10, United States Code.
In carrying out the preceding sentence, the Secretary shall establish an
effective framework and pipeline system for maturing cyber operations-relevant
technologies developed by the Agency, integrating the technologies into Joint
Cyber Warfighting Architecture capabilities, and transitioning the technologies
into operational use by the United States Cyber Command.
(g) Transition.--The Secretary of Defense, in coordination with the
Commander of the United States Cyber Command, shall transition responsibilities
for the management and execution of Joint Cyber Warfighting Architecture
programs from the military departments to the offices established pursuant to
subsection (a)(1) by the earlier of the following:
(1) The date on which--
(A) the offices are appropriately staffed and resourced; and
(B) the Commander determines that the transition is
appropriate.
(2) The date that is five years after the date of the enactment of
this Act.
(h) Review.--Not later than one year after the date of the enactment of this
Act, the Under Secretary of Defense for Acquisition and Sustainment and the
Commander of the United States Cyber Command, in coordination with the Under
Secretary of Defense for Research and Engineering, the Principal Cyber Advisor
of the Department of Defense, the Secretaries of the military departments, the
Director of the Defense Advanced Research Projects Agency, and the Director of
the National Security Agency, shall submit to the congressional defense
committees an integrated review of the Joint Cyber Warfighting Architecture and
all other capabilities required for the execution of the missions of the United
States Cyber Command to determine the following:
(1) The extent to which capabilities of the United States Cyber
Command and the National Security Agency should be joint, mutually
available, integrated, or interoperable.
(2) Whether each of the Joint Cyber Warfighting Architecture
capabilities has been effectively designed and architected to enable
each of the missions of the United States Cyber Command.
(3) How the Joint Cyber Warfighting Architecture will support
defense of the Department of Defense Information Network and its
relation to existing datasets, sensors, tools, firewalls, and
capabilities deployed at each echelon of the Department of Defense
Information Network.
(4) What data, capabilities, and technologies external to the
current Joint Cyber Warfighting Architecture programs, as of the date of
the review, should be acquired as part of the Joint Cyber Warfighting
Architecture and under the control of the offices established pursuant
to subsection (a)(1).
(5) What mission-specific data, capabilities, and technologies
external to the current Joint Cyber Warfighting Architecture programs
should integrate with or be interoperable with the Joint Cyber
Warfighting Architecture system of systems.
(6) The organization and staffing of such offices, including--
(A) whether the program executive office should be
responsible for overseeing the acquisition of the cyber
operations capabilities of the United States Cyber Command
generally or the Joint Cyber Warfighting Architecture
specifically;
(B) what subordinate program management offices should be
established under the program executive office;
(C) whether the Joint Cyber Warfighting Architecture
programs should be consolidated within a single program
management office; and
(D) which personnel should be appointed to such offices
pursuant to subsection (d)(1).
(7) The timeline for the execution of the transition under
subsection (g).
(8) The acquisition strategy of the Department for procuring the
Joint Cyber Warfighting Architecture and related capabilities, including
relevant enterprise strategic initiatives and contracting strategies.
(9) The responsibilities of the United States Cyber Command J2, J3,
J5, J6, J8, and J9 in acquiring, authorizing, and managing cyber
capabilities.
(10) The physical locations of the offices established pursuant to
subsection (a)(1).
(i) Briefing Required.--Not later than 540 days after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition and
Sustainment and the Commander of the United States Cyber Command shall jointly
provide to the congressional defense committees a briefing on the status of the
implementation of this section.
(j) Repeal.--Section 1645 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 4571 note prec.) is repealed.
(k) Joint Cyber Warfighting Architecture Defined.--In this section, the term
``Joint Cyber Warfighting Architecture'' means the range of joint cyber
warfighting systems and capabilities that support the full spectrum of military
cyber operations, as designated by the Commander of the United States Cyber
Command, and includes any such successor effort.
SEC. 1510. INTEGRATED NON-KINETIC FORCE DEVELOPMENT.
(a) Force Development.--
(1) In general.--The Secretary of Defense shall establish forces,
capabilities, and information support to enable the delivery of non-
kinetic effects that provide increased survivability and effectiveness
of military forces within a defense planning scenario.
(2) Force planning.--To support the development of the forces,
capabilities, and information support under paragraph (1), the Secretary
shall establish a force planning activity to identify and define the
relevant forces, capabilities, and information support required to
develop and deliver non-kinetic effects within a defense planning
scenario. The Secretary shall ensure that the force planning activity
identifies--
(A) desired operational effects within such scenario;
(B) the gaps that limit the ability to access important
targets, the development of capabilities, the conduct of mission
planning, and the execution of operations to deliver such
effects;
(C) the collection systems, analytic expertise and capacity,
analytic tools and processes, foreign materiel, and product
lines required to support development and delivery of such
effects;
(D) the forces required to deliver such effects, including
associated doctrine, training, expertise, organization,
authorities, and command and control arrangements; and
(E) the cyber, electronic warfare, sensing, and
communications capabilities, and delivery platforms and
mechanisms, required to achieve such effects and the extent to
which such capabilities, platforms, and mechanisms should be
integrated with each other.
(3) Initial organization structure.--During an initial period of not
less than 24 months, the Under Secretary of Defense for Research and
Engineering shall organize the force planning activity established under
paragraph (2). The Under Secretary shall designate a planning official
from the Office of the Under Secretary for Research and Engineering to
lead development and execution of the force planning activity, in
coordination with staff designated by the Director of the Joint Staff of
the Joint Chiefs of Staff. The designated planning official shall select
a lead technical director. After such initial period, the Secretary may
re-assign the force planning activity to another organization under
different leadership.
(4) Plan for follow-on activities.--Not later than 270 days after
the date of the enactment of this Act, the Secretary shall submit to the
congressional defense committees a plan for follow-on activities
regarding the delivery of non-kinetic effects described in paragraph
(1). The Secretary shall ensure the plan--
(A) includes the identification of dedicated resources to be
controlled by the designated planning official described in
paragraph (3) and an approach under which the planning official
apportions such resources across the Department of Defense to
establish, augment, and accelerate new and ongoing activities
described in paragraph (1) and subsections (b), (c), and (d);
and
(B) identifies--
(i) a dedicated program element for non-kinetic
force development;
(ii) the suitability of the mission management
authorities established through the pilot program under
section 871 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 191
note);
(iii) the utility of using joint capability
technology demonstrations to drive prototyping,
experimentation, and technical integration of non-
kinetic capabilities;
(iv) how the Rapid Defense Experimentation Reserve
might drive prototyping, experimentation, and technical
integration of non-kinetic capabilities; and
(v) alignment with other experimentation activities
with the appropriate combatant commands.
(5) Implementation.--During the initial period specified in
paragraph (3), the designated planning official described in such
paragraph shall report directly to the Deputy Secretary of Defense, to
whom the official shall provide updates and recommendations not less
frequently than quarterly. The Secretary shall ensure that the force
planning activity established under paragraph (2) is supported by
representatives from the military services, relevant combatant commands,
the Strategic Capabilities Office, the Defense Advanced Research
Projects Agency, and other elements within the Department of Defense, as
appropriate.
(b) Forces.--In order to generate the forces identified in subsection
(a)(2)(D), the Secretary of Defense shall--
(1) through the Secretaries of the military departments and the
heads of other Department of Defense components, as appropriate,
establish appropriate forces and accompanying doctrine, training, and
tradecraft;
(2) acting through the Vice Chairman of the Joint Chiefs of Staff,
serving as the Chairman of the Joint Requirements Oversight Council,
ensure that appropriate requirements exist to guide the development and
fielding of forces and means to deliver non-kinetic effects within a
defense planning scenario;
(3) through the Under Secretary of Defense for Policy, in
coordination with the Chairman of the Joint Chiefs of Staff and the
combatant commands, establish appropriate command and control structures
and relationships governing such forces; and
(4) determine the appropriate responsibilities of--
(A) Cyber Mission Force of the United States Cyber Command;
(B) cyber, electronic warfare, and space forces provided to
other combatant commands; and
(C) other operational entities within the Department of
Defense in delivering non-kinetic effects.
(c) Capabilities.--In order to develop the capabilities identified in
subsection (a)(2)(E), the Secretary of Defense, acting through the Director of
the Defense Advanced Research Projects Agency, the Director of the Strategic
Capabilities Office, the Secretaries of the military departments, and the heads
of other elements of the Department of Defense, shall develop the capabilities
required for the delivery of non-kinetic effects within a defense planning
scenario.
(d) Policy.--The Secretary of Defense, acting through the Under Secretary of
Defense for Policy and in coordination with the Chairman of the Joint Chiefs of
Staff, shall develop policy governing the delivery of non-kinetic effects within
a defense planning scenario.
(e) Briefing.--Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall provide to the congressional defense
committees a briefing on the status of the implementation of this section.
(f) Non-kinetic Effects Defined.--In this section, the term ``non-kinetic
effects'' means effects achieved through radio-frequency transmission of
integrated cyber and electronic warfare techniques and other related and
supporting technical measures.
SEC. 1511. PROTECTION OF CRITICAL INFRASTRUCTURE.
(a) In General.--In the event that the President determines that there is an
active, systematic, and ongoing campaign of attacks in cyberspace by a foreign
power against the Government or the critical infrastructure of the United
States, the President may authorize the Secretary of Defense, acting through the
Commander of the United States Cyber Command, to conduct military cyber
activities or operations pursuant to section 394 of title 10, United States
Code, in foreign cyberspace to deter, safeguard, or defend against such attacks.
(b) Affirmation of Scope of Cyber Activities or Operations.--Congress
affirms that the cyber activities or operations referred to in subsection (a),
when appropriately authorized, shall be conducted consistent with section 394 of
title 10, United States Code.
(c) Definition of Critical Infrastructure.--In this section, the term
``critical infrastructure'' has the meaning given that term in subsection (e) of
the Critical Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e)).
SEC. 1512. BUDGET DISPLAY FOR CRYPTOGRAPHIC MODERNIZATION ACTIVITIES FOR CERTAIN
SYSTEMS OF THE DEPARTMENT OF DEFENSE.
(a) Display Required.--Beginning with fiscal year 2024, and for each fiscal
year thereafter, the Secretary of Defense shall include with the budget
justification materials submitted to Congress in support of the budget of the
Department of Defense for that fiscal year (as submitted with the budget of the
President under section 1105(a) of title 31, United States Code) a consolidated
cryptographic modernization budget justification display for each Department of
Defense system or asset that is protected by cryptography and subject to
certification by the National Security Agency (in this section, referred to as
``covered items'').
(b) Elements.--Each display included under subsection (a) for a fiscal year
shall include the following:
(1) Cryptographic modernization activities.--(A) Whether, in
accordance with the schedule established under section 153(a) of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 142 note), the
cryptographic modernization for each covered item is pending, in
progress, complete, or, pursuant to paragraph (2) of such section,
extended.
(B) The funding required for the covered fiscal year and for each
subsequent fiscal year of the Future Years Defense Program to complete
the pending or in progress cryptographic modernization by the required
replacement date of each covered item.
(C)(i) A description of deviations between the funding annually
required to complete the modernization prior to the required replacement
date and the funding requested and planned within the Future Years
Defense Program.
(ii) An explanation--
(I) justifying the deviations; and
(II) of whether or how any delays resulting from a deviation
shall be overcome to meet the required replacement date.
(D) A description of operational or security risks resulting from
each deviation from the modernization schedule required to meet
replacement dates, including a current intelligence assessment of
adversary progress on exploiting the covered item.
(E) For any covered item that remains in service past its required
replacement date, a description of the number of times the covered item
has been extended and the circumstances attending each such extension.
(2) Mitigation activities for covered items.--(A) Whether activities
to mitigate the risks associated with projected failure to replace a
covered item by the required replacement date are planned, in progress,
or complete.
(B) The funding required for the covered fiscal year and for each
subsequent fiscal year for required mitigation activities to complete
any planned, pending, or in progress mitigation activities for a covered
item.
(C) A description of the activities planned in the covered fiscal
year and each subsequent fiscal year to complete mitigation activities
and an explanation of the efficacy of the mitigations.
(c) Form.--The display required by subsection (a) shall be included in
unclassified form, but may include a classified annex.
SEC. 1513. ESTABLISHING PROJECTS FOR DATA MANAGEMENT, ARTIFICIAL INTELLIGENCE,
AND DIGITAL SOLUTIONS.
(a) Establishment of Priority Projects.--The Deputy Secretary of Defense
shall--
(1) establish priority enterprise projects for data management,
artificial intelligence, and digital solutions for both business
efficiency and warfighting capabilities intended to accelerate decision
advantage; and
(2) assign responsibilities for execution and funding of the
projects established under paragraph (1).
(b) Actions Required.--To ensure implementation of the priority projects of
the Deputy Secretary of Defense under subsection (a), and to instill data
science and technology as a core discipline in the Department of Defense, the
Deputy Secretary shall--
(1) hold the heads of components accountable for--
(A) making their component's data available for use pursuant
to the memorandum of the Deputy Secretary of Defense dated May
5, 2021, and titled ``Creating Data Advantage'', in accordance
with plans developed and approved by the head of the component
and the Deputy Secretary;
(B) developing, implementing, and reporting measurable
actions to acquire, preserve, and grow the population of
government and contractor personnel with expertise in data
management, artificial intelligence, and digital solutions;
(C) making their components use data management practices,
analytics processes, enterprise cloud computing environments,
and operational test environments that are made available and
specifically approved by the head of the component and the
Deputy Secretary;
(D) identifying and reporting on an annual basis for Deputy
Secretary approval those ongoing programs and activities and new
initiatives within their components to which the component head
determines should be applied advanced analytics, digital
technology, and artificial intelligence; and
(E) developing and implementing cybersecurity and artificial
intelligence security solutions, including preventative and
mitigative technical solutions, red team assessments, to protect
artificial intelligence systems, data, development processes,
and applications from adversary actions;
(2) require the Chief Digital and Artificial Intelligence Officer,
in coordination with the heads of components, to develop and report on
an actionable plan for the Deputy Secretary to reform the technologies,
policies, and processes used to support accreditation and authority to
operate decisions to enable rapid deployment into operational
environments of newly developed government, contractor, and commercial
data management, artificial intelligence, and digital solutions
software;
(3) require the Under Secretary of Defense for Personnel and
Readiness, in coordination with the Chief Digital and Artificial
Intelligence Officer and heads of components to define and establish
career paths, work roles, and occupational specialties for civilian and
military personnel in the fields of data management, artificial
intelligence, and digital solutions for the Deputy Secretary's approval;
and
(4) establish a Departmental management reform goal for adoption and
integration artificial intelligence or machine learning into business
and warfighting processes, including the tracking of metrics,
milestones, and initiatives to measure the progress of the Department in
meeting that goal.
(c) Briefings Required.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter until December 31, 2025, the
Deputy Secretary shall provide to the congressional defense committees a
briefing on directives issued by the Deputy Secretary to implement the
requirements of this section and the status of implementation actions.
(d) Component Defined.--In this section, the term ``component'' means a
military department, a combatant command, or a Defense Agency of the Department
of Defense.
SEC. 1514. OPERATIONAL TESTING FOR COMMERCIAL CYBERSECURITY CAPABILITIES.
(a) Development and Submission of Plans.--Not later than February 1, 2024,
the Chief Information Officer of the Department of Defense and the Chief
Information Officers of the military departments shall develop and submit plans
described in subsection (b) to the Director of Operational Test and Evaluation
who may approve the implementation of the plans pursuant to subsection (c).
(b) Plans Described.--The plans described in this subsection are plans
that--
(1) ensure covered cybersecurity capabilities are appropriately
tested, evaluated, and proven operationally effective, suitable, and
survivable prior to operation on a Department of Defense network; and
(2) specify how test results will be expeditiously provided to the
Director of Operational Test and Evaluation.
(c) Assessment.--In reviewing the plans submitted under subsection (a), the
Director of Operational Test and Evaluation shall conduct an assessment that
includes consideration of the following:
(1) Threat-realistic operational testing, including representative
environments, variation of operational conditions, and inclusion of a
realistic opposing force.
(2) The use of Department of Defense cyber red teams, as well as any
enabling contract language required to permit threat-representative red
team assessments.
(3) Collaboration with the personnel using the commercial
cybersecurity capability regarding the results of the testing to improve
operators' ability to recognize and defend against cyberattacks.
(4) The extent to which additional resources may be needed to
remediate any shortfalls in capability to make the commercial
cybersecurity capability effective, suitable, and cyber survivable in an
operational environment of the Department.
(5) Identification of training requirements, and changes to
training, sustainment practices, or concepts of operation or employment
that may be needed to ensure the effectiveness, suitability, and cyber
survivability of the commercial cybersecurity capability.
(d) Policies and Regulations.--Not later than February 1, 2024, the
Secretary of Defense shall issue such policies and guidance and prescribe such
regulations as the Secretary determines necessary to carry out this section.
(e) Reports.--Not later than January 31, 2025, and not less frequently than
annually thereafter until January 31, 2030, the Director shall include in each
annual report required by section 139(h) of title 10, United States Code, the
following:
(1) The status of the plans developed under subsection (a).
(2) The number and type of test and evaluation events completed in
the past year for such plans, disaggregated by component of the
Department, and including resources devoted to each event.
(3) The results from such test and evaluation events, including any
resource shortfalls affecting the number of commercial cybersecurity
capabilities that could be assessed.
(4) A summary of identified categories of common gaps and shortfalls
found during testing.
(5) The extent to which entities responsible for developing and
testing commercial cybersecurity capabilities have responded to
recommendations made by the Director in an effort to gain favorable
determinations.
(6) Any identified lessons learned that would impact training,
sustainment, or concepts of operation or employment decisions relating
to the assessed commercial cybersecurity capabilities.
(f) Definition.--In this section, the term ``covered cybersecurity
capabilities'' means any of the following:
(1) Commercial products (as defined in section 103 of title 41,
United States Code) acquired and deployed by the Department of Defense
to satisfy the cybersecurity requirements of one or more Department
components.
(2) Commercially available off-the-shelf items (as defined in
section 104 of title 41, United States Code) acquired and deployed by
the Department of Defense to satisfy the cybersecurity requirements of
one or more Department components.
(3) Noncommercial items acquired through the Adaptive Acquisition
Framework and deployed by the Department of Defense to satisfy the
cybersecurity requirements of one or more Department components.
Subtitle B--Information Operations
SEC. 1521. REQUIREMENT TO NOTIFY CHIEF OF MISSION OF MILITARY OPERATION IN THE
INFORMATION ENVIRONMENT.
Chapter 19 of title 10, United States Code, as amended by section 1551, is
further amended by adding at the end the following new section (and conforming
the table of sections at the beginning of such chapter accordingly):
``Sec. 399. Notifications relating to military operations in the information
environment: requirement to notify Chief of Mission
``The Secretary may not authorize a military operation in the information
environment under this title intended to cause an effect in a country unless the
Secretary fully informs the chief of mission for that country under section 207
of the Foreign Service Act of 1980 (22 U.S.C. 3927) of the planned operation.''.
SEC. 1522. ASSESSMENT AND OPTIMIZATION OF DEPARTMENT OF DEFENSE INFORMATION AND
INFLUENCE OPERATIONS CONDUCTED THROUGH CYBERSPACE.
(a) Assessment and Plan.--Not later than 90 days after the date of the
enactment of this Act, the Principal Information Operations Advisor and the
Principal Cyber Advisor to the Secretary of Defense shall complete both an
assessment and an optimization plan for information and influence operations
conducted through cyberspace.
(b) Elements.--The assessment under subsection (a) shall include the
following:
(1) An inventory of the components of the Department of Defense
conducting information and influence operations conducted through
cyberspace.
(2) An examination of sufficiency of resources allocated for
information and influence operations conducted through cyberspace.
(3) An evaluation of the command and control, oversight, and
management of matters related to information and influence operations
conducted through cyberspace across the Office of the Secretary of
Defense and the Joint Staff.
(4) An evaluation of the existing execution, coordination,
synchronization, deconfliction, and consultative procedures and
mechanisms for information and influence operations conducted through
cyberspace.
(5) Any other matters determined relevant by the Principal
Information Operations Advisor and the Principal Cyber Advisor to the
Secretary of Defense.
(c) Optimization Plan.--The optimization plan under subsection (a) shall
include the following:
(1) Actions that the Department will implement to improve the
execution, coordination, synchronization, deconfliction, and
consultative procedures and mechanisms for information and influence
operations conducted through cyberspace.
(2) An evaluation of potential organizational changes required to
optimize information and influence operations conducted through
cyberspace.
(3) Any other matters determined relevant by the Principal
Information Operations Advisor and the Principal Cyber Advisor to the
Secretary of Defense.
(d) Briefings.--Not later than 30 days after completing the assessment and
optimization plan under subsection (a), the Principal Information Operations
Advisor and the Principal Cyber Advisor to the Secretary of Defense shall
provide to the congressional defense committees a briefing on the assessment and
plan.
(e) Implementation.--Not later than 180 days after the date on which the
briefing is provided under subsection (d), the Secretary of Defense shall
implement the optimization plan under subsection (a).
SEC. 1523. JOINT INFORMATION OPERATIONS COURSE.
(a) Joint Information Operations Course.--The Secretary of Defense shall
develop and provide to members of the Army, Navy, Air Force, Marine Corps, and
Space Force a course to prepare the members to plan and conduct information
operations in a joint environment pursuant to title 10, United States Code. Such
course shall include--
(1) standardized qualifications and procedures to enable the joint
and synchronized employment of information-related capabilities in the
information environment;
(2) joint methods to implement information operations in a
battlefield environment under any ground force chain of command; and
(3) a curriculum covering applicable assets, core information
operations concepts, integration of effects with a specific focus on
information-related effects, operational methodology, multi-dimensional
targeting space, other information-related capabilities defined by
governing policy, instruction, publications, and doctrine, and any other
topics or areas determined necessary by the Secretary.
(b) Consideration of Ongoing Efforts.--The Secretary shall ensure that the
course under subsection (a) is developed in light of the information operations
posture review, gap analysis, strategy update, and designation of a Joint Force
Trainer, occurring as of the date of the enactment of this Act.
(c) Semiannual Reports.--Subsequent to the development of the course under
subsection (a), on a semiannual basis through January 1, 2028, the Secretary
shall submit to the congressional defense committees a report on the course.
Each report shall include, with respect to the period covered by the report--
(1) the number of members described in subsection (a) who attended
the course; and
(2) an assessment of the value of the course in--
(A) conducting joint operations in the information
environment; and
(B) the synchronized employment of information-related
capabilities in the information environment.
SEC. 1524. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL SUBMISSION OF JOINT
LEXICON FOR TERMS RELATED TO INFORMATION OPERATIONS.
Of the funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2023 for operation and maintenance, Defense-wide, and
available for the Office of the Secretary of Defense for the travel of persons,
not more than 75 percent may be obligated or expended until the date on which
the Secretary submits to the Committees on Armed Services of the House of
Representatives and the Senate the joint lexicon for terms related to
information operations required by section 1631(g)(1)(D) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 397 note).
SEC. 1525. LIMITATION ON AVAILABILITY OF FUNDS PENDING SUBMITTAL OF INFORMATION
OPERATIONS STRATEGY AND POSTURE REVIEW.
Of the funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2023 for operation and maintenance, Defense-wide, for
the Office of the Secretary of Defense for the travel of persons, not more than
75 percent may be obligated or expended until the date that is 15 days after the
date on which the Secretary of Defense submits to the Committees on Armed
Services of the Senate and the House of Representatives the information
operations strategy and posture review, including the designation of Information
Operations Force Providers and Information Operations Joint Force Trainers for
the Department of Defense, as required by section 1631(g) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 397
note).
SEC. 1526. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL SUBMISSION OF
ASSESSMENTS RELATING TO CYBERSECURITY OF THE DEFENSE INDUSTRIAL
BASE.
(a) Limitation.--Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for operation and maintenance,
Defense-wide, and available for the Office of the Secretary of Defense, not more
than 75 percent may be obligated or expended until the Deputy Secretary of
Defense--
(1) conducts the assessments under subsection (b); and
(2) provides to the congressional defense committees the briefing
under subsection (c).
(b) Assessments.--The Deputy Secretary shall conduct the following
assessments:
(1) An assessment of the framework for cybersecurity of the defense
industrial base required by section 1648 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C.
2224 note) to determine whether--
(A) the current framework and plans for defense industrial
base cybersecurity are sufficient; and
(B) alternative or additional courses of action should be
considered or adopted, including--
(i) establishing a secure software development
environment in a cloud environment inside the
cybersecurity perimeter of the Department for
contractors to perform their development work;
(ii) establishing a secure cloud environment through
which contractors may access the data of the Department
needed for their contract work;
(iii) enabling contractors to access cybersecurity-
as-a-service offerings, including cybersecurity services
provided by the Department;
(iv) limiting the amount of program information held
at tiers of subcontractors to that which is necessary
for contract performance; and
(v) mechanisms and processes to rationalize and
integrate the many separately managed defense industrial
base cybersecurity programs and activities conducted
across the Department of Defense.
(2) An assessment of past and future planned activities of the
Department of Defense in furtherance of section 1724 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 10 U.S.C. 2224), including a detailed review of
roles and responsibilities, and supporting instructions and policy
documents, for the Principal Cyber Advisor of the Department of Defense,
the Chief Information Officer of the Department of Defense, the Under
Secretary of Defense for Acquisition and Sustainment, the Under
Secretary of Defense for Policy, and the Under Secretary of Defense for
Intelligence and Security, and the Under Secretary of Defense
(Comptroller).
(c) Briefing.--The Deputy Secretary shall provide to the congressional
defense committees a briefing on the assessments conducted under subsection (b)
and any decisions of and directions by the Deputy Secretary for improving the
cybersecurity of the defense industrial base.
Subtitle C--Personnel
SEC. 1531. CYBER OPERATIONS-PECULIAR AWARDS.
Chapter 57 of title 10, United States Code, is amended by inserting after
section 1124 the following new section:
``Sec. 1124a. Cyber operations-peculiar awards
``(a) Authority.--The Secretary of Defense and the Secretaries of the
military departments may authorize the payment of a cash award to, and incur
necessary expense for the honorary recognition of, a member of the covered armed
forces whose novel actions, invention, or technical achievement enables or
ensures operational outcomes in or through cyberspace against threats to
national security.
``(b) Actions During Service.--An award under this section may be paid
notwithstanding the member's death, separation, or retirement from the covered
armed forces. However, the novel action, invention, or technical achievement
forming the basis for the award must have been made while the member was on
active duty or in an active reserve status and not otherwise eligible for an
award under chapter 45 of title 5.
``(c) Payment.--Awards to, and expenses for the honorary recognition of,
members of the covered armed forces under this section may be paid from--
``(1) the funds or appropriations available to the activity
primarily benefiting from the novel action, invention, or technical
achievement; or
``(2) the several funds or appropriations of the various activities
benefiting from the novel action, invention, or technical achievement.
``(d) Amounts.--The total amount of the award, or awards, made under this
section for a novel action, invention, or technical achievement may not exceed
$2,500, regardless of the number of persons who may be entitled to share
therein.
``(e) Regulations.--Awards under this section shall be made under
regulations to be prescribed by the Secretary of Defense or by the Secretaries
of the military departments.
``(f) Covered Armed Forces Defined.--In this section, the term `covered
armed forces' means the Army, Navy, Air Force, Marine Corps, and Space Force.''.
SEC. 1532. ESTABLISHMENT OF CYBER OPERATIONS DESIGNATOR AND RATING FOR THE NAVY.
(a) Military Career Field.--
(1) Officers.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Navy, in coordination with
the Chief of Naval Operations, shall establish a cyber warfare
operations designator for officers (including an intended billet base,
functions, and training pipeline), which shall be a separate designator
from the cryptologic warfare officer designator.
(2) Enlisted.--Not later than 90 days after the date of the
enactment of this Act, the Secretary, in coordination with the Chief,
shall establish a cyber warfare rating for enlisted personnel (including
an intended billet base, functions, and training pipeline), which shall
be a separate rating from the cryptologic technician enlisted rating.
(3) Plan.--Not later than 90 days after the date of the enactment of
this Act, the Secretary, in coordination with the Chief, shall submit to
the Committees on Armed Services of the House of Representatives and the
Senate an implementation plan to carry out paragraphs (1) and (2).
(b) Requirement.--
(1) Deadline.--Except as provided by paragraphs (2) and (3), the
Secretary shall ensure that, beginning October 1, 2025, members of the
Navy assigned to the cyber mission force shall be qualified with either
the designator or rating established under subsection (a), as the case
may be.
(2) Exception.--The requirement under paragraph (1) shall not apply
to--
(A) a member of the Navy who is assigned to the cyber
mission force under orders issued before October 1, 2025; or
(B) a position whose primary function is the provision of
intelligence, foreign language, or administrative support to the
cyber mission force.
(3) Waiver.--The Secretary may waive, on a case-by-case basis, the
requirement under paragraph (1), except that the total number of such
waivers made during a fiscal year may not exceed 10 percent of the total
number of members of the Navy assigned to the cyber mission force (not
counting members assigned to a position described in paragraph (2)(B)).
(c) Reserve Matters.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, in coordination with the Chief, shall
direct the Chief of Navy Reserve to establish, and retain, a cadre of members of
the Navy Reserve with the designator and rating established under subsection
(a).
(d) Officer Qualifications and Training.--The Secretary, in coordination
with the Chief of Naval Operations and in consultation with the Commander of the
United States Cyber Command, shall ensure that the designator established under
subsection (a)(1) includes the development and execution of a training
curriculum and qualification standards commensurate with those of the cyber
officers of the Army and the Air Force.
(e) Community Management.--Not later than 270 days after the date of the
enactment of this Act, the Secretary, acting through the Principal Cyber Advisor
of the Navy, shall submit to the congressional defense committees, and provide
to such committees a briefing on, the findings of a study on whether the
designator and rating established under subsection (a), along with the Maritime
Space Officer and the Cyberspace Warfare Engineer, should continue to be
considered part of the information warfare community.
(f) Report.--Not later than one year after the date of the enactment of this
Act, the Secretary shall submit to the Committees on Armed Services of the House
of Representatives and Senate a report certifying that the following actions
have been carried out or are in the process of being completed (including
detailed explanations):
(1) An identification by the Chief of Naval Operations of the
resource manager within the Office of the Chief of Naval Operations for
the designator and rating established under subsection (a).
(2) An identification by the Chief of the type command at United
States Fleet Forces Command responsible for manning and training the
designator and rating established under subsection (a).
(3) An inventory of those billets within the Cyber Mission Force, or
any other service or joint assignment that requires personnel (both
officer and enlisted) to conduct operations through cyberspace.
(4) An inventory and position description of the those positions
within the Cyber Mission Force that have been identified under
subsection (b)(2)(B).
(5) A funding profile detailing the complete costs associated with
the designator and rating established under subsection (a), including
costs associated with meeting the training requirements of the United
States Cyber Command for the period covered by the most recent future-
years defense program submitted to Congress under section 221 of title
10, United States Code.
(6) An inventory of all flag officer positions at joint and naval
components and commands conducting or managing cyberspace operations and
activities, including with respect to--
(A) the United States Cyber Command;
(B) the Fleet Cyber Command;
(C) Joint Forces Headquarters-Cyber, Navy;
(D) 10th Fleet;
(E) the Deputy Chief of Naval Operations for Information
Warfare and the Director of Naval Intelligence; and
(F) Naval Information Forces.
(7) An update to the plan required under subsection (a)(3),
including timelines and procedures, for filling the positions within the
cyber mission force for which the Secretary is responsible.
(8) Any anticipated changes to the end-strength of the Navy by
reason of establishing the designator and rating under subsection (a).
(9) The implementation of the designator and rating established
under subsection (a) within the Navy Reserve.
(10) The development and execution of the training curriculum and
qualification standards under subsection (d).
(g) Leadership Qualifications.--The Secretary shall ensure that flag
officers with the cyber warfare operations designator established under
subsection (a) are primarily employed in billets identified under subsection
(f)(6).
(h) Determination by Cyber Command.--Not later than 60 days after the date
on which the Secretary submits the report under subsection (f), the Commander of
the United States Cyber Command shall submit to the Committees on Armed Services
of the House of Representatives and Senate a determination with respect to
whether the matters contained in the report satisfy the requirements of the
United States Cyber Command.
SEC. 1533. TOTAL FORCE GENERATION FOR THE CYBERSPACE OPERATIONS FORCES.
(a) Study.--
(1) Requirement.--Not later than June 1, 2024, the Secretary of
Defense shall complete a study on the responsibilities of the military
services for organizing, training, and presenting the total force to
United States Cyber Command.
(2) Elements.--The study under paragraph (1) shall assess the
following:
(A) Which military services should man, train, equip, and
organize the forces necessary to execute the functions and
missions of the Cyber Mission Force and the Cyberspace
Operations Forces for assignment, allocation, and apportionment
to, or under the directive authority of, the United States Cyber
Command.
(B) The sufficiency of the military service accession and
training model to provide forces to the Cyberspace Operations
Forces and the sufficiency of the accessions and personnel
resourcing of the supporting command and control staffs
necessary as a component to the United States Cyber Command.
(C) The organization of the Cyber Mission Forces and whether
the total forces or elements of the forces function best as a
collection of independent teams or through a different model.
(D) How to correct chronic shortages of proficient personnel
in key work roles.
(E) The need for additional work roles or skills to enable
effective infrastructure management and generate access to
targets.
(F) What unique or training-intensive expertise is required
for each of the work roles identified in subparagraph (E) and
whether native talents to master unique and training-intensive
work roles can be identified and how personnel with those
talents can be developed, retained, and employed across the
active and reserve components.
(G) The appropriate pay scales, rotation or force management
policies, career paths and progression, expertise-based grading,
talent management practices, and training for each of those work
roles, given expected operational requirements.
(H) Whether a single military service should be responsible
for basic, intermediate, and advanced training for the Cyber
Mission Force.
(I) The level of training required before an individual
should be assigned, allocated, or apportioned to the United
States Cyber Command.
(J) Whether or how the duties of the Director of the
National Security Agency and the duties of the Commander of
United States Cyber Command, resting with a single individual,
enable each respective organization, and whether technical
directors and intelligence experts of the National Security
Agency should serve rotations in the Cyber Mission Force.
(K) How nonmilitary personnel, such as civilian government
employees, contracted experts, commercial partners, and domain
or technology-specific experts in industry or the intelligence
community can serve in, augment, or support Cyber Mission Force
teams.
(L) What work roles in the Cyberspace Operations Forces can
only be filled by military personnel, which work roles can be
filled by civilian employees or contractors, and which work
roles should be filled partially or fully by civilians due to
the need for longevity of service to achieve required skill
levels or retention rates.
(M) How specialized cyber experience, developed and
maintained in the reserve component, can be more effectively
leveraged to support the Cyberspace Operations Forces through
innovative force generation models.
(N) Whether the Department of Defense should create a
separate service to perform the functions and missions currently
performed by Cyber Mission Force units generated by multiple
military services.
(O) Whether the Department of Defense is maximizing
partnerships with industry and other nontraditional sources of
expertise and capacity in the areas of critical infrastructure
protection and information sharing.
(P) Whether the Defense Readiness Reporting System of the
Department of Defense is sufficient to capture Cyber Mission
Force readiness metrics.
(3) Considerations.--The study required by paragraph (1) shall
consider existing models for total force generation practices and
programs, as well as nontraditional and creative alternatives.
(b) Recommendations.--
(1) In general.--Not later than June 1, 2024, the Principal Cyber
Advisor of the Department of Defense and the Commander of the United
States Cyber Command shall submit to the Secretary of Defense one or
more recommendations, respectively, as to the future total force
generation model for both the Cyber Mission Force and the Cyberspace
Operations Forces.
(2) Matters addressed.--The recommendations under paragraph (1)
shall address, at a minimum, each of the elements identified in
subsection (a)(2).
(c) Establishment of a Revised Model Required.--
(1) In general.--Not later than December 31, 2024, the Secretary of
Defense shall establish a revised total force generation model for the
Cyberspace Operations Forces.
(2) Elements.--In establishing a revised total force generation
model under paragraph (1), the Secretary shall explicitly determine the
following:
(A) Whether the Navy should no longer be responsible for
developing and presenting forces to the United States Cyber
Command as part of the Cyber Mission Force or Cyberspace
Operations Forces, including recommendations for corresponding
transfer of responsibilities and associated resources and
personnel for the existing and future year programmed Cyberspace
Operations Forces or Cyber Mission Force resources.
(B) Whether a single military service should be responsible
for organizing, training, and equipping the Cyberspace
Operations Forces, or if different services should be
responsible for different components of the Cyberspace
Operations Forces.
(C) Whether modification of United States Cyber Command
enhanced budget control authorities are necessary to further
improve total force generation for Cyberspace Operations Forces.
(D) Implications of low service retention rates for critical
roles within the Cyber Mission Force, and the mix of actions
necessary to correct them, including multiple rotations in
critical work roles, length of service commitments, repeat tours
within the Cyber Mission Force, retention incentives across the
entire Cyberspace Operations Forces, and best practices for
generating the future force.
(d) Implementation Plan.--Not later than June 1, 2025, the Secretary shall
submit to the congressional defense committees an implementation plan for
effecting the revised total force generation model required under subsection
(c).
(e) Progress Briefing.--Not later than 90 days after the date of the
enactment of this Act, and not less frequently than once every 180 days
thereafter until receipt of the plan required by subsection (d), the Secretary
shall provide the congressional defense committees with a briefing on the
progress made in carrying out this section.
(f) Additional Considerations.--The Secretary shall ensure that subsections
(a) through (c) are carried out with consideration to matters relating to the
following:
(1) The cybersecurity service providers, local defenders, and
information technology personnel who own, operate, and defend the
information networks of the Department of Defense.
(2) Equipping the Cyberspace Operations Forces to include
infrastructure management.
(3) Providing intelligence support to the Cyberspace Operations
Forces.
(4) The resources, including billets, needed to account for any
recommended changes.
SEC. 1534. CORRECTING CYBER MISSION FORCE READINESS SHORTFALLS.
(a) Plan and Briefing Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, the Chairman of the Joint
Chiefs of Staff, and the Secretaries of the military departments shall jointly--
(1) develop a near-term plan to correct readiness shortfalls in the
Cyber Mission Forces over the period covered by the most recent future-
years defense program submitted to Congress under section 221 of title
10, United States Code;
(2) develop recommendations for such legislative action as the
Secretary of Defense, the Chairman, and the Secretaries of the military
departments jointly consider appropriate to correct the readiness
shortfalls described in paragraph (1); and
(3) provide to the congressional defense committees a briefing on
the plan under paragraph (1) and the recommendations under paragraph
(2).
(b) Implementation.--Not later than 30 days after the date of the briefing
provided under paragraph (3) of subsection (a), the Secretary of Defense and the
Chairman shall commence implementation of the aspects of the plan developed
under paragraph (1) of such subsection that are not dependent upon legislative
action.
(c) Matters to Be Addressed.--In developing the plan under paragraph (1) of
subsection (a), the Secretary of Defense, the Chairman, and the Secretaries of
the military departments shall consider and explicitly address through analysis
the following potential courses of action, singly and in combination, to
increase the availability of personnel in key work roles:
(1) Determining the correct number of personnel necessary to fill
key work roles, including the proper force mix of civilian, military,
and contractor personnel, and the means necessary to meet those
requirements.
(2) Employing civilians rather than military personnel in key work
roles.
(3) Expanding training capacity.
(4) Modifying or creating new training models.
(5) Maximizing use of compensation and incentive authorities,
including increasing bonuses and special pays, and alternative
compensation mechanisms.
(6) Modifying career paths and service policies to permit
consecutive assignments in key work roles without jeopardizing promotion
opportunities.
(7) Increasing service commitments following training commensurate
with the value of the key work role training.
(8) Standardizing compensation models across the services.
(9) Requiring multiple rotations within the Cyber Mission Forces for
key work roles.
(10) Adopting and implementing what are known as ``rank in person''
policies that enable civilian personnel to be promoted on the basis of
skills and abilities demonstrated in a given position.
(11) A review of departmental guidance and processes consistent with
section 167b(d)(2)(A)(x) of title 10, United States Code, with respect
to the authority of the Commander of United States Cyber Command to
monitor the promotions of certain cyber operations forces and coordinate
with the Secretaries regarding the assignment, retention, training,
professional military education, and special and incentive pays of
certain cyber operations forces, including--
(A) the recruiting, retention, professional military
education, and promotion of certain cyber operations personnel;
(B) the sharing of personnel data between the military
departments and the United States Cyber Command; and
(C) structures, departmental guidance, and processes
developed between the military departments and the United States
Special Operations Command with respect to the authority of the
Commander of the United States Special Operations Command
described in section 167(e)(2)(J) of title 10, United States
Code, that could be used as a model for the United States Cyber
Command.
(d) Key Work Roles Defined.--In this section, the term ``key work roles''
means work roles that consist of access development, tool development, and
exploitation analysis.
SEC. 1535. DEPARTMENT OF DEFENSE CYBER AND DIGITAL SERVICE ACADEMY.
(a) Establishment.--
(1) In general.--The Secretary of Defense, in consultation with the
Secretary of Homeland Security and the Director of the Office of
Personnel and Management, shall establish a program to provide financial
support for pursuit of programs of education at institutions of high
education in covered disciplines.
(2) Covered disciplines.--For purposes of the Program, a covered
discipline is a discipline that the Secretary of Defense determines is
critically needed and is cyber- or digital technology-related, including
the following:
(A) Computer-related arts and sciences.
(B) Cyber-related engineering.
(C) Cyber-related law and policy.
(D) Applied analytics related sciences, data management, and
digital engineering, including artificial intelligence and
machine learning.
(E) Such other disciplines relating to cyber, cybersecurity,
digital technology, or supporting functions as the Secretary of
Defense considers appropriate.
(3) Designation.--The program established under paragraph (1) shall
be known as the ``Department of Defense Cyber and Digital Service
Academy'' (in this section referred to as the ``Program'').
(b) Program Description and Components.--The Program shall--
(1) provide scholarships through institutions of higher education to
students who are enrolled in programs of education at such institutions
leading to degrees or specialized program certifications in covered
disciplines; and
(2) prioritize the placement of scholarship recipients fulfilling
the post-award employment obligation under this section.
(c) Scholarship Amounts.--
(1) Amount of assistance.--(A) Each scholarship under the Program
shall be in such amount as the Secretary determines necessary--
(i) to pay all educational expenses incurred by that person,
including tuition, fees, cost of books, and laboratory expenses,
for the pursuit of the program of education for which the
assistance is provided under the Program; and
(ii) to provide a stipend for room and board.
(B) The Secretary shall ensure that expenses paid are limited to
those educational expenses normally incurred by students at the
institution of higher education involved.
(2) Support for internship activities.--The financial assistance for
a person under this section may also be provided to support internship
activities of the person in the Department of Defense and combat support
agencies in periods between the academic years leading to the degree or
specialized program certification for which assistance is provided the
person under the Program.
(3) Period of support.--Each scholarship under the Program shall be
for not more than 5 years.
(4) Additional stipend.--Students demonstrating financial need, as
determined by the Secretary, may be provided with an additional stipend
under the Program.
(d) Post-award Employment Obligations.--Each scholarship recipient, as a
condition of receiving a scholarship under the Program, shall enter into an
agreement under which the recipient agrees to work for a period equal to the
length of the scholarship, following receipt of the student's degree or
specialized program certification, in the cyber- and digital technology-related
missions of the Department, in accordance with the terms and conditions
specified by the Secretary in regulations the Secretary shall promulgate to
carry out this subsection.
(e) Hiring Authority.--In carrying out this section, specifically with
respect to enforcing the obligations and conditions of employment under
subsection (d), the Secretary may use any authority otherwise available to the
Secretary for the recruitment, employment, and retention of civilian personnel
within the Department, including authority under section 1599f of title 10,
United States Code.
(f) Eligibility.--To be eligible to receive a scholarship under the Program,
an individual shall--
(1) be a citizen or lawful permanent resident of the United States;
(2) demonstrate a commitment to a career in improving the security
of information technology or advancing the development and application
of digital technology;
(3) have demonstrated a high level of competency in relevant
knowledge, skills, and abilities, as defined by the national
cybersecurity awareness and education program under section 303 of the
Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7443);
(4) be a full-time student, or have been accepted as a full-time
student, in a program leading to a degree or specialized program
certification in a covered discipline at an institution of higher
education;
(5) enter into an agreement accepting and acknowledging the post
award employment obligations, pursuant to section (d);
(6) accept and acknowledge the conditions of support under section
(g); and
(7) meet such other requirements for a scholarship as determined
appropriate by the Secretary.
(g) Conditions of Support.--
(1) In general.--As a condition of receiving a scholarship under
this section, a recipient shall agree to provide the Office of Personnel
Management (in coordination with the Department of Defense) and the
institutions of higher education described in subsection (a)(1) with
annual verifiable documentation of post-award employment and up-to-date
contact information.
(2) Terms.--A scholarship recipient under the Program shall be
liable to the United States as provided in subsection (i) if the
individual--
(A) fails to maintain an acceptable level of academic
standing at the applicable institution of higher education, as
determined by the Secretary;
(B) is dismissed from the applicable institution of higher
education for disciplinary reasons;
(C) withdraws from the eligible degree program before
completing the Program;
(D) declares that the individual does not intend to fulfill
the post-award employment obligation under this section;
(E) fails to maintain or fulfill any of the post-graduation
or post-award obligations or requirements of the individual; or
(F) fails to fulfill the requirements of paragraph (1).
(h) Monitoring Compliance.--As a condition of participating in the Program,
an institution of higher education shall--
(1) enter into an agreement with the Secretary to monitor the
compliance of scholarship recipients with respect to their post-award
employment obligations; and
(2) provide to the Secretary and the Director of the Office of
Personnel Management, on an annual basis, the post-award employment
documentation required under subsection (g)(1) for scholarship
recipients through the completion of their post-award employment
obligations.
(i) Amount of Repayment.--
(1) Less than 1 year of service.--If a circumstance described in
subsection (g)(2) occurs before the completion of 1 year of a post-award
employment obligation under the Program, the total amount of scholarship
awards received by the individual under the Program shall be considered
a debt to the Government and repaid in its entirety.
(2) 1 or more years of service.--If a circumstance described in
subparagraph (D) or (E) of subsection (g)(2) occurs after the completion
of 1 or more years of a post-award employment obligation under the
Program, the total amount of scholarship awards received by the
individual under the Program, reduced by the ratio of the number of
years of service completed divided by the number of years of service
required, shall be considered a debt to the Government and repaid in
accordance with subsection (j).
(j) Repayments.--A debt described subsection (i) shall be subject to
repayment, together with interest thereon accruing from the date of the
scholarship award, in accordance with terms and conditions specified by the
Secretary in regulations promulgated to carry out this subsection.
(k) Collection of Repayment.--
(1) In general.--In the event that a scholarship recipient is
required to repay the scholarship award under the Program, the
institution of higher education providing the scholarship shall--
(A) determine the repayment amounts and notify the
recipient, the Secretary, and the Director of the Office of
Personnel Management of the amounts owed; and
(B) collect the repayment amounts within a period of time as
determined by the Secretary.
(2) Returned to treasury.--Except as provided in paragraph (3), any
repayment under this subsection shall be returned to the Treasury of the
United States.
(3) Retain percentage.--An institution of higher education may
retain a percentage of any repayment the institution collects under this
subsection to defray administrative costs associated with the
collection. The Secretary shall establish a single, fixed percentage
that will apply to all eligible entities.
(l) Public Information.--
(1) Evaluation.--The Secretary, in coordination with the Director of
the Office of Personnel Management, shall periodically evaluate and make
public, in a manner that protects the personally identifiable
information of scholarship recipients, information on the success of
recruiting individuals for scholarships under the Program and on hiring
and retaining those individuals in the Department of Defense workforce,
including information on--
(A) placement rates;
(B) where students are placed, including job titles and
descriptions;
(C) salary ranges for students not released from obligations
under this section;
(D) how long after graduation students are placed;
(E) how long students stay in the positions they enter upon
graduation;
(F) how many students are released from obligations; and
(G) what, if any, remedial training is required.
(2) Reports.--The Secretary, in consultation with the Office of
Personnel Management, shall submit, not less frequently than once every
two years, to Congress a report, including--
(A) the results of the evaluation under paragraph (1);
(B) the disparity in any reporting between scholarship
recipients and their respective institutions of higher
education; and
(C) any recent statistics regarding the size, composition,
and educational requirements of the relevant Department of
Defense workforce.
(3) Resources.--The Secretary, in coordination with the Director of
the Office of Personnel Management, shall provide consolidated and user-
friendly online resources for prospective scholarship recipients,
including, to the extent practicable--
(A) searchable, up-to-date, and accurate information about
participating institutions of higher education and job
opportunities relating to covered disciplines; and
(B) a modernized description of careers in covered
disciplines.
(m) Allocation of Funding.--
(1) In general.--Not less than 50 percent of the amount available
for financial assistance under this section for a fiscal year shall be
available only for providing financial assistance for the pursuit of
programs of education referred to in subsection (b)(1) at institutions
of higher education that have established, improved, or are
administering programs of education in disciplines under the grant
program established in section 2200b of title 10, United States Code, as
determined by the Secretary.
(2) Associate degrees.--Not less than five percent of the amount
available for financial assistance under this section for a fiscal year
shall be available for providing financial assistance for the pursuit of
an associate degree at an institution described in paragraph (1).
(n) Board of Directors.--In order to help identify workforce needs and
trends relevant to the Program, the Secretary may establish a board of directors
for the Program that consists of representatives of Federal departments and
agencies.
(o) Commencement of Program.--The Secretary shall commence the Program as
early as practicable, with the first scholarships awarded under the Program for
the academic year beginning no later than the fall semester of 2024.
SEC. 1536. REPORT ON RECOMMENDATIONS FROM NAVY CIVILIAN CAREER PATH STUDY.
(a) Report.--
(1) Requirement.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report on the recommendations made in
the report submitted to the congressional defense committees under
section 1653(a)(2) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1763) relating to improving
cyber career paths in the Navy.
(2) Contents.--The report under paragraph (1) shall include the
following:
(A) A description of each recommendation described in such
paragraph that has already been implemented.
(B) A description of each recommendation described in such
paragraph that the Secretary has commenced implementing,
including a justification for determining to commence
implementing the recommendation.
(C) A description of each recommendation described in such
paragraph that the Secretary has not implemented or commenced
implementing and a determination as to whether or not to
implement the recommendation.
(D) For each recommendation under subparagraph (C) that the
Secretary determines to implement--
(i) a timeline for implementation;
(ii) a description of any additional resources or
authorities required for implementation; and
(iii) the plan for implementation.
(E) For each recommendation under subparagraph (C) that the
Secretary determines not to implement, a justification for the
determination not to implement.
(3) Format.--The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
(b) Review by Comptroller General of the United States.--
(1) Review.--Not later than 180 days after the date on which the
Secretary submits the report under subsection (a), the Comptroller
General of the United States shall conduct a review of such report.
(2) Elements.--The review under paragraph (1) shall include an
assessment of the following:
(A) The extent to which the Secretary has implemented the
recommendations described in subsection (a)(1).
(B) Additional recommended actions for the Secretary to take
to improve the readiness and retention of the cyber workforce of
the Navy.
(3) Interim briefing.--Not later than 90 days after the date on
which the Secretary submits the report under subsection (a), the
Comptroller General shall provide to the congressional defense
committees a briefing on the preliminary findings of the Comptroller
General with respect to the review conducted under paragraph (1).
(4) Final report.--The Comptroller General shall submit to the
congressional defense committees a report on the findings of the
Comptroller General with respect to the review under paragraph (1) at
such time and in such format as is mutually agreed upon by the
committees and the Comptroller General at the time of the briefing under
paragraph (3).
SEC. 1537. STUDY TO DETERMINE OPTIMAL STRATEGY FOR STRUCTURING AND MANNING
ELEMENTS OF JOINT FORCE HEADQUARTERS-CYBER ORGANIZATIONS, JOINT
MISSION OPERATIONS CENTERS, AND CYBER OPERATIONS-INTEGRATED
PLANNING ELEMENTS.
(a) Study.--
(1) Requirement.--The Principal Cyber Advisor of the Department of
Defense, in coordination with the commanders of the combatant commands,
shall conduct a study to determine the optimal strategy for structuring
and manning elements of the following:
(A) Joint Force Headquarters Cyber Organizations.
(B) Joint Mission Operations Centers.
(C) Cyber Operations-Integrated Planning Elements.
(D) Joint Cyber Centers.
(2) Elements.--The study under paragraph (1) shall include an
assessment of each of the following:
(A) Operational effects on the military services if each of
the entities listed in subparagraphs (A) through (C) of
paragraph (1) are restructured from organizations that are
components of the military services to joint organizations.
(B) Existing barriers or impediments to designate positions
within each of the entities listed in such subparagraphs (A),
(B), and (C) as joint billets for joint qualification purposes.
(C) Operational and organizational effects on the military
services, the United States Cyber Command, other combatant
commands, and the Joint Staff if the entities listed in
subparagraphs (A) through (D) of paragraph (1) are realigned,
restructured, or consolidated.
(D) Operational and organizational effects and advisement of
standardizing a minimum set of roles and responsibilities of the
Joint Cyber Centers, or the equivalent entity, of the combatant
commands.
(E) Clarification of the relationship and differentiation
between Cyber Operations-Integrated Planning Elements and Joint
Cyber Centers of the combatant commands.
(F) A complete inventory of mission essential tasks for the
entities listed in such subparagraphs (A) through (D).
(G) A description of cyber activities in geographic and
functional combatant command campaign plans and resources
aligned to those activities.
(b) Briefings.--Not later than 180 days after the date of the enactment of
this Act, and not less frequently than once every 120 days until March 31, 2024,
the Principal Cyber Advisor of the Department shall provide to the Committees on
Armed Services of the Senate and the House of Representatives a briefing on the
status of the study under subsection (a).
(c) Report.--
(1) Requirement.--Not later than March 31, 2024, the Principal Cyber
Advisor of the Department shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on the
study under subsection (a).
(2) Contents.--The report under paragraph (1) shall contain the
following:
(A) The findings of the Principal Cyber Advisor with respect
to the study under subsection (a).
(B) Details of the operational and organizational effects
assessed under paragraph (2) of such subsection.
(C) A plan to carry out the transfer described in
subparagraph (B) of such paragraph and the associated costs, as
appropriate.
(D) A plan to realign, restructure, or consolidate the
entities listed in subparagraphs (A) through (D) of subsection
(a)(1).
(E) Such other matters as the Principal Cyber Advisor
considers appropriate.
SEC. 1538. MANNING REVIEW OF SPACE FORCE CYBER SQUADRONS.
(a) Requirement.--Not later than 210 days after the date of the enactment of
this Act, the Secretary of the Air Force, in coordination with the Chief of
Space Operations, shall submit to the congressional defense committees a review
of the manning required to fully staff the current and planned cyber squadrons
of the Space Force.
(b) Matters Included.--
(1) Elements.--The review under subsection (a) shall include
considerations of the following:
(A) The specific sourcing of existing billets of the Space
Force optimally postured for transfer to cyber squadrons.
(B) The administrative processes required to shift billets
and existing funding to cyber squadrons.
(C) The responsibilities and functions performed by military
personnel and civilian personnel.
(D) The benefits and risks to the Space Force approach of
transferring billets to cyber squadrons.
(2) Roadmap.--The review under subsection (a) shall include a
transition roadmap that outlines a comprehensive transition for the
transfer of billets described in paragraph (1) by not later than
September 30, 2024.
SEC. 1539. INDEPENDENT REVIEW OF POSTURE AND STAFFING LEVELS OF OFFICE OF THE
CHIEF INFORMATION OFFICER.
(a) In General.--Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall seek to enter into an agreement with an
appropriate non-Department of Defense entity for the conduct of a comprehensive
review of the posture and adequacy of the staffing levels of the Office of the
Chief Information Officer of the Department of Defense, as of the date of the
enactment of this Act.
(b) Matters for Consideration.--An agreement under subsection (a) shall
specify that the review conducted under the agreement shall include the
evaluation of each of the following:
(1) Any limitations or constraints of the Office of the Chief
Information Officer in performing the entirety of the responsibilities
specified in section 142(b) of title 10, United States Code, and
responsibilities assigned by the Secretary of Defense, based on the
staffing levels of the Office as of the date of the enactment of this
Act.
(2) The composition of civilian, military, and contractor personnel
assigned to the Office of the Chief Information Officer, as of such
date, including the occupational series and military occupational
specialties of such personnel, relative to the responsibilities
specified in paragraph (1).
(3) The organizational construct of the Office of the Chief
Information Officer, as of such date.
(c) Recommendations.--An agreement under subsection (a) shall specify that
the review conducted under the agreement shall include recommendations for the
Chief Information Officer and the congressional defense committees, including
recommendations derived from the matters for consideration specified under
subsection (b).
(d) Submission.--Not later than 30 days after the date of the completion of
the review under subsection (a), the Secretary of Defense shall submit to the
congressional defense committees a copy of the review.
SEC. 1540. INDEPENDENT ASSESSMENT OF CIVILIAN CYBERSECURITY RESERVE FOR
DEPARTMENT OF DEFENSE.
(a) In General.--Not later than 90 days after the date of enactment of this
Act, the Secretary of Defense shall seek to enter into an agreement with a
nonprofit entity or a federally funded research and development center with
expertise in cybersecurity and workforce management to conduct an assessment of
the feasibility and advisability of creating and maintaining a civilian
cybersecurity reserve corps to enable the Department of Defense and military
services to provide qualified civilian manpower to the Department of Defense to
effectively respond to significant cyber incidents or to assist in solving other
exceptionally difficult cyber workforce-related challenges.
(b) Consideration of Prior Report.--
(1) In general.--In conducting the assessment required by subsection
(a), the entity or center shall take into consideration the results of
the evaluation of nontraditional cyber support to the Department of
Defense required by section 1730 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283).
(2) Limitation on availability of funds pending submission of
report.--Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for the Under Secretary of
Defense for Policy, not more than 75 percent may be obligated or
expended until the date on which the Principal Cyber Advisor submits the
report referenced in paragraph (1).
(c) Elements.--The assessment conducted under subsection (a) shall include
analysis of the following matters:
(1) The feasibility of the concept of a civilian cybersecurity
reserve program, including an analysis of the available talent pool,
potential impact on employers, and propensity to serve.
(2) The likelihood of utilizing civilian cybersecurity reservists to
augment the existing Department of Defense workforce, including an
assessment of the duration of periods of activation.
(3) The result of outreach conducted with industry and State and
Federal Government agencies employing individuals likely to meet
qualification criteria for service in such a program.
(4) The necessity for participants to access classified information,
and the need to maintain appropriate security clearances as a
participant in the program, including while not in Federal service.
(5) Appropriate compensation and benefits for members of such a
program.
(6) Activities that members may undertake as part of their duties.
(7) Methods for identifying and recruiting members, including
alternative methods to traditional qualifications requirements.
(8) Methods for preventing conflicts of interest or other ethical
concerns as a result of participation in such a program.
(9) Resources, including funding levels, necessary to carry out such
a program.
(10) Potential penalties or other adverse action taken against
individuals who do not respond to activation when called.
(11) Any other matters the Secretary considers relevant for the
purpose of this assessment.
(d) Reports.--
(1) In general.--Not later than 270 days after the date on which the
Secretary enters into the agreement described in subsection (a), such
entity or center shall submit to the Secretary a report on the results
of the research and analysis under such subsection.
(2) Submission to congress.--Not later than one year after the date
of enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
each of the following:
(A) A copy of the report submitted under paragraph (1)
without change.
(B) Any comments, changes, recommendations, or other
information provided by the Secretary of Defense relating to the
research and analysis conducted under subsection (a) and
contained in such report, including a specific recommendation on
whether a civilian cybersecurity reserve should be established,
as described in such subsection, or with modification.
SEC. 1541. COMPREHENSIVE REVIEW OF CYBER EXCEPTED SERVICE.
(a) In General.--Not later than 180 days after the date of enactment of this
Act, the Chief Information Officer of the Department of Defense and the Under
Secretary of Defense for Personnel and Readiness, in coordination with the Chief
Digital and Artificial Intelligence Officer and the Principal Cyber Advisor of
the Department, shall conduct a comprehensive review of the Cyber Excepted
Service established pursuant to section 1599f of title 10, United States Code.
(b) Elements.--The review required under subsection (a) shall include the
following:
(1) An assessment of barriers to participation in Cyber Excepted
Service positions, including--
(A) criteria for eligibility of potential Department of
Defense components and entities for participation in the Cyber
Excepted Service;
(B) potential and structural limitations of the Cyber
Excepted Service, including impediments to mobility or
advancement by civilian employees currently in billets coded for
Cyber Excepted Service;
(C) challenges to transition between competitive and
excepted service;
(D) matters relating to pay disparity and challenges with
compensation relative to the skill sets and value of such
civilian employees in the private sector;
(E) differences between compensation, incentives, benefits,
and access to career-broadening experiences;
(F) the eligibility for participation in the Cyber Excepted
Service of civilian employees who are assigned to the Office of
the Chief Digital and Artificial Intelligence Officer;
(G) the current and necessary mechanisms to deconflict
occasions when individuals can be considered eligible for two or
more excepted service systems; and
(H) any other barriers as determined by the Secretary.
(2) An evaluation of the process used in accepting applications,
assessing candidates, and the process for and effect of adhering to
provisions of law establishing preferences for hiring eligible veterans,
and selecting applicants for vacancies to be filled by an individual for
a Cyber Excepted Service position.
(3) An evaluation of current efforts to recruit and retain employees
in Cyber Excepted Service positions.
(4) A description of current performance metrics used in evaluating
the Cyber Excepted Service.
(5) An assessment of how current efforts to develop, sustain, and
improve the Cyber Excepted Service are integrated into the strategic
workforce planning of the Department.
(6) Current metrics for--
(A) the number of employees in Cyber Excepted Service
positions, disaggregated by occupation, grade, and level or pay
band;
(B) the placement of employees in Cyber Excepted Service
positions, disaggregated by military department, Defense agency,
or other component within the Department;
(C) the total number of veterans hired;
(D) the number of separations of employees in Cyber Excepted
Service positions, disaggregated by occupation, grade, and level
or pay band;
(E) the number of retirements of employees in Cyber Excepted
Service positions, disaggregated by occupation, grade, and level
or pay band;
(F) the number and amounts of recruitment, relocation, and
retention incentives paid to employees in Cyber Excepted Service
positions, disaggregated by occupation, grade, and level or pay
band; and
(G) the number of employees who declined transition to
qualified Cyber Excepted Service positions.
(7) An assessment of the training provided to supervisors of
employees in Cyber Excepted Service positions on the use of the new
authorities.
(8) An assessment of the implementation of section 1599f(a)(1)(A) of
title 10, United States Code, including--
(A) how each military department, Defense agency, or other
component within the Department is incorporating or intends to
incorporate Cyber Excepted Service personnel in their cyber
mission workforce; and
(B) how the Cyber Excepted Service has allowed each military
department, Defense agency, or other component within the
Department to establish, recruit and retain personnel to fill
cyber mission workforce needs.
(9) Recommendations for the Secretary of Defense and the
congressional defense committees with respect to the improvement of the
Cyber Excepted Service, including recommendations derived from the
consideration of the elements specified in paragraphs (1) through (8).
(c) Submission.--Not later than 30 days after the completion of the review
under subsection (a), the Chief Information Officer shall submit to the
congressional defense committees a copy of the review.
(d) Annual Update.--Not later than one year after the submission of the
review under subsection (c), and not less frequently than once each year
thereafter until September 30, 2028, the Secretary of Defense shall submit to
the Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives an update on progress made in enacting
recommendations identified pursuant to paragraph (9) of subsection (b) and a
detailed report on Cyber Excepted Service positions during the most recent one-
year period, including--
(1) the metrics described in paragraph (6) of such subsection;
(2) an updated assessment under paragraph (8) of such subsection
from the current reporting period;
(3) an updated assessment on the effect of section 1599f of title
10, United States Code, on the ability of the Department to recruit,
retain, and develop cyber professionals in the Department over the
current reporting period;
(4) an updated assessment on the barriers to participation described
in paragraph (1) of subsection (b) from the current reporting period;
(5) proposed modifications to the Cyber Excepted Service; and
(6) such other matters as the Secretary considers appropriate.
(e) Definitions.--In this section:
(1) The term ``Cyber Excepted Service'' consists of those positions
established under section 1599f(a)(1)(A) of title 10, United States
Code.
(2) The term ``Cyber Excepted Service position'' means a position in
the Cyber Excepted Service.
Subtitle D--Reports and Other Matters
SEC. 1551. PILOT PROGRAM FOR SHARING CYBER CAPABILITIES AND RELATED INFORMATION
WITH FOREIGN OPERATIONAL PARTNERS.
(a) Authorization.--Chapter 19 of title 10, United States Code, is amended
by adding at the end the following new section:
``Sec. 398. Pilot program for sharing cyber capabilities and related information
with foreign operational partners
``(a) Authority to Establish Pilot Program to Share Cyber Capabilities.--The
Secretary of Defense may, with the concurrence of the Secretary of State,
provide cyber capabilities and related information developed or procured by the
Department of Defense to foreign countries or organizations described in
subsection (b) without compensation, to meet operational imperatives if the
Secretary of Defense determines that the provision of such cyber capabilities is
in the national security interests of the United States.
``(b) List of Foreign Countries.--The Secretary of Defense, with the
concurrence of the Secretary of State, shall--
``(1) establish--
``(A) a list of foreign countries that the Secretary of
Defense considers suitable for sharing of cyber capabilities and
related information under the authority established under
paragraph (a); and
``(B) criteria for establishing the list under subparagraph
(A);
``(2) not later than 14 days after establishing the list required by
paragraph (a), submit to the appropriate committees of Congress such
list; and
``(3) notify the appropriate committees of Congress in writing of
any changes to the list established under clause (1) at least 14 days
prior to the adoption of any such changes.
``(c) Procedures.--Prior to the first use of the authority provided by
subsection (a), the Secretaries of Defense and State shall--
``(1) establish and submit to the appropriate committees of Congress
procedures for a coordination process for subsection (a) that is
consistent with the operational timelines required to support the
national security of the United States; and
``(2) notify the appropriate committees of Congress in writing of
any changes to the procedures established under paragraph (1) at least
14 days prior to the adoption of any such changes.
``(d) Notification Required.--(1) The Secretary of Defense and Secretary of
State jointly shall promptly submit to the appropriate committees of Congress
notice in writing of any use of the authority provided by subsection (a) no
later than 48 hours following the use of the authority.
``(2) Notification under paragraph (1) shall include a certification that
the provision of the cyber capabilities was in the national security interests
of the United States.
``(3) The notification under paragraph (1) shall include an analysis of
whether the transfer and the underlying operational imperative could have been
met using another authority.
``(e) Termination.--The authority established under paragraph (a) shall
terminate on the date that is 3 years after the date on which this authority
becomes law.
``(f) Definitions.--In this section:
``(1) The term `appropriate committees of Congress' means--
``(A) the congressional defense committees;
``(B) the Committee on Foreign Relations of the Senate; and
``(C) Committee on Foreign Affairs of the House of
Representatives.
``(2) The term `cyber capability' means a device or computer
program, including any combination of software, firmware, or hardware,
designed to create an effect in or through cyberspace.
``(g) Rule of Construction.--Nothing in this section shall be construed as
amending, diminishing, or otherwise impacting reporting or other obligations
under the War Powers Resolution.''.
(b) Table of Sections Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``398. Pilot program for sharing cyber capabilities and related
information with foreign operational
partners.''.
SEC. 1552. DEMONSTRATION PROGRAM FOR CYBER AND INFORMATION TECHNOLOGY BUDGET
DATA ANALYTICS.
(a) Demonstration Program.--
(1) Requirement.--Not later than February 1, 2024, the Chief
Information Officer of the Department of Defense shall, in coordination
with the Chief Digital and Artificial Intelligence Officer, complete a
pilot program to demonstrate the application of advanced data analytics
to the fiscal year 2024 budget data of a military department for the
purpose of identifying total cyber and information technology spending
and the distribution of such resources across budget line items that are
and are not identified, labeled, or categorized in a manner that would
indicate that funds included in such line items will be expended on
cyber and information technology activities.
(2) Coordination with military departments.--In carrying out the
demonstration program under subsection (a), the Chief Information
Officer shall, in coordination with the Secretary of the Air Force, the
Secretary of the Army, and the Secretary of the Navy, select a military
department for participation in the demonstration program.
(b) Elements.--The demonstration program under subsection (a) shall
include--
(1) efforts to identify planned expenditures for cyber and
information technology that are not captured in the total figures for
cyber and information technology reported annually to Congress in
support of the President's budget submission and in budget documents and
briefings to Congress on the cyber and information technology programs
and activities;
(2) efforts to improve transparency in cyber and information
technology budget information to identify cyber and information
technology activities funded out of noncyber and noninformation
technology budget lines, including by the use of qualitative techniques
such as semantic analysis or natural language processing technologies;
(3) metrics developed to assess the effectiveness of the
demonstration program;
(4) a cost tradeoff analysis of implementing these cyber and
information technology data analytics across the entire budget of the
Department of Defense;
(5) existing or planned efforts to use these data analytics to make
budget decisions; and
(6) existing or planned efforts to incorporate these data analytics
into materials presented to Congress through the budget submission
process.
(c) Briefing.--
(1) Initial briefing.--Not later than 120 days after the date of the
enactment of this Act, the Chief Information Officer shall provide the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the plans and status of the Chief
Information Officer with respect to the demonstration program under
subsection (a).
(2) Final briefing.--Not later than March 1, 2024, the Chief
Information Officer shall provide the Committees on Armed Services of
the Senate and the House of Representatives a briefing on the results
and findings of the Chief Information Officer with respect to the
demonstration program under subsection (a), including the following:
(A) Recommendations for expansion of the demonstration
program to the entire cyber and information technology budget of
the Department.
(B) Plans for incorporating data analytics into the
congressional budget submission process for the cyber and
information technology budget of the Department.
SEC. 1553. PLAN FOR COMMERCIAL CLOUD TEST AND EVALUATION.
(a) Policy and Plan.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Defense, in consultation with commercial industry,
shall implement a policy and plan for test and evaluation of the cybersecurity
of the clouds of commercial cloud service providers that provide, or are
intended to provide, storage or computing of classified data of the Department
of Defense.
(b) Contents.--The policy and plan under subsection (a) shall include the
following:
(1) A requirement that, beginning on the date of the enactment of
this Act, future contracts with cloud service providers for storage or
computing of classified data of the Department include provisions that
permit the Secretary to conduct independent, threat-realistic
assessments of the commercial cloud infrastructure, including with
respect to--
(A) the storage, compute, and enabling elements, including
the control plane and virtualization hypervisor for mission
elements of the Department supported by the cloud provider; and
(B) the supporting systems used in the fulfillment,
facilitation, or operations relating to the mission of the
Department under the contract, including the interfaces with
these systems.
(2) An explanation as to how the Secretary intends to proceed on
amending existing contracts with cloud service providers to permit the
same level of assessments required for future contracts under paragraph
(1).
(3) Identification and description of any proposed tiered test and
evaluation requirements aligned with different impact and classification
levels.
(c) Waiver Authority.--The Secretary may include in the policy and plan
under subsection (a) an authority to waive any requirement under subsection (b)
if the waiver is jointly approved by the Chief Information Officer of the
Department of Defense and the Director of Operational Test and Evaluation.
(d) Submission.--Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the Committees on Armed Services of the
Senate and the House of Representatives the policy and plan under subsection
(a).
(e) Threat-realistic Assessment Defined.--In this section, the term
``threat-realistic assessments'' means, with respect to commercial cloud
infrastructure, activities that--
(1) are designed to accurately emulate cyber threats from advanced
nation state adversaries, such as Russia and China; and
(2) include cooperative penetration testing and no-notice threat-
emulation activities where personnel of the Department of Defense
attempt to penetrate and gain control of the cloud-provider facilities,
networks, systems, and defenses associated with, or which enable, the
supported missions of the Department.
SEC. 1554. ROADMAP AND IMPLEMENTATION PLAN FOR CYBER ADOPTION OF ARTIFICIAL
INTELLIGENCE.
(a) Roadmap and Implementation Plan Required.--Not later than 270 days after
the date of the enactment of this Act, the Commander of the United States Cyber
Command and the Chief Information Officer of the Department of Defense, in
coordination with the Chief Digital and Artificial Intelligence Officer of the
Department, the Director of the Defense Advanced Research Projects Agency, the
Director of the National Security Agency, and the Under Secretary of Defense for
Research and Engineering, shall jointly develop a five-year roadmap and
implementation plan for rapidly adopting and acquiring artificial intelligence
systems, applications, and supporting data and data management processes for the
Cyberspace Operations Forces of the Department of Defense.
(b) Elements.--The roadmap and implementation plan required by subsection
(a) shall include the following:
(1) Identification and prioritization of artificial intelligence
systems, applications, data identification, and processing to cyber
missions within the Department, and ameliorating threats to, and from,
artificial intelligence systems, including--
(A) advancing the cybersecurity of Department systems with
artificial intelligence;
(B) uses of artificial intelligence for cyber effects
operations;
(C) assessing and mitigating vulnerabilities of artificial
intelligence systems supporting cybersecurity and cyber
operations to attacks; and
(D) defending against adversary artificial intelligence-
based cyber attacks.
(2) A plan to develop, acquire, adopt, and sustain the artificial
intelligence systems, applications, data, and processing identified in
paragraph (1).
(3) Roles and responsibilities for the following for adopting and
acquiring artificial intelligence systems, applications, and data to
cyber missions within the Department:
(A) The Commander of the United States Cyber Command.
(B) The Commander of Joint-Force Headquarters Department of
Defense Information Networks.
(C) The Chief Information Officer of the Department.
(D) The Chief Digital and Artificial Intelligence Officer of
the Department.
(E) The Under Secretary of Defense for Research and
Engineering.
(F) The Secretaries of the military departments.
(G) The Director of the National Security Agency.
(4) Identification of currently deployed, adopted, and acquired
artificial intelligence systems, applications, ongoing prototypes, and
data.
(5) Identification of current capability and skill gaps that must be
addressed prior to the development and adoption of artificial
intelligence applications identified in paragraph (1).
(6) Identification of opportunities to solicit operator utility
feedback through inclusion into research and development processes and
wargaming or experimentation events by developing a roadmap for such
processes and events, as well as a formalized process for capturing and
tracking lessons learned from such events to inform the development
community.
(7) Identification of long-term technology gaps for fulfilling the
Department's cyber warfighter mission to be addressed by research
relating to artificial intelligence by the science and technology
enterprise within the Department.
(8) Definition of a maturity model describing desired cyber
capabilities, agnostic of the enabling technology solutions, including
phases in the maturity model or identified milestones and clearly
identified areas for collaboration with relevant commercial off the
shelf and government off the shelf developers to address requirements
supporting capability gaps.
(9) Assessment, in partnership with the Director of the Defense
Intelligence Agency, of the threat posed by adversaries' use of
artificial intelligence to the cyberspace operations and the security of
the networks and artificial intelligence systems of the Department in
the next five years, including a net technical assessment of United
States and adversary activities to apply artificial intelligence to
cyberspace operations, and actions planned to address that threat.
(10) A detailed schedule with target milestones, investments, and
required expenditures.
(11) Interim and final metrics of adoption of artificial
intelligence for each activity identified in the roadmap.
(12) Identification of such additional funding, authorities, and
policies as the Commander and the Chief Information Officer jointly
determine may be required.
(13) Such other topics as the Commander and the Chief Information
Officer jointly consider appropriate.
(c) Synchronization.--The Commander and the Chief Information Officer shall
ensure that the roadmap and implementation plan under subsection (a) are
synchronized and coordinated to be consistent with section 1509.
(d) Briefing.--Not later than 30 days after the date on which the Commander
and the Chief Information Officer complete development of the roadmap and
implementation plan under subsection (a), the Commander and the Chief
Information Officer shall provide to the congressional defense committees a
classified briefing on the roadmap and implementation plan.
SEC. 1555. REVIEW OF DEPARTMENT OF DEFENSE IMPLEMENTATION OF RECOMMENDATIONS
FROM DEFENSE SCIENCE BOARD CYBER REPORT.
(a) Review.--
(1) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall complete a review
of the findings and recommendations presented in the June 2018 Defense
Science Board report titled ``Cyber as a Strategic Capability''.
(2) Elements.--The review under paragraph (1) shall include the
following:
(A) Identification of, and description of implementation
for, recommendations that have been implemented by the
Secretary.
(B) Identification of recommendations that have not yet been
fully implemented by the Secretary.
(C) Identification of the reasons why the recommendations
identified under subparagraph (B) were not implemented.
(D) Identification of such legislative or administrative
action as the Secretary determines necessary to implement the
recommendations identified under subparagraph (B).
(b) Report.--
(1) Requirement.--Not later than 30 days after the date on which the
review is completed under paragraph (1) of subsection (a), the Secretary
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on the review, including a disclosure
of the matters identified and developed under paragraph (2) of such
subsection.
(2) Form.--The report submitted under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 1556. ANNUAL BRIEFING ON RELATIONSHIP BETWEEN NATIONAL SECURITY AGENCY AND
UNITED STATES CYBER COMMAND.
(a) Annual Briefings Required.--Not later than March 1, 2023, and not less
frequently than once each year thereafter until March 1, 2028, the Secretary of
Defense shall provide the congressional defense committees a briefing on the
relationship between the National Security Agency and United States Cyber
Command.
(b) Elements.--Each briefing provided under subsection (a) shall include an
annual assessment of the following:
(1) The resources, authorities, activities, missions, facilities,
and personnel used to conduct the relevant missions at the National
Security Agency as well as the cyber offense and defense missions of
United States Cyber Command.
(2) The processes used to manage risk, balance tradeoffs, and work
with partners to execute operations.
(3) An assessment of the operating environment and the continuous
need to balance tradeoffs to meet mission necessity and effectiveness.
(4) An assessment of the operational effects resulting from the
relationship between the National Security Agency and United States
Cyber Command, including a list of specific operations conducted over
the previous year that were enabled by or benefitted from the
relationship.
(5) Such other topics as the Director of the National Security
Agency and the Commander of United States Cyber Command may consider
appropriate.
SEC. 1557. REVIEW OF DEFINITIONS ASSOCIATED WITH CYBERSPACE OPERATIONS FORCES.
(a) Review.--Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense, acting through the Principal Cyber Advisor of the
Department of Defense and the Principal Cyber Advisors of the military
departments, shall--
(1) review--
(A) the memorandum of the Secretary of Defense dated
December 12, 2019, concerning the definition of the term
``Department of Defense Cyberspace Operations Forces (DoD
COF)''; and
(B) the responsibilities of the Commander of the United
States Cyber Command as the Cyberspace Joint Force Provider and
Cyberspace Joint Force Trainer, with respect to forces included
and excluded from the Cyberspace Operations Forces; and
(2) update such memorandum and, as appropriate, update such
responsibilities.
(b) Elements.--The review under subsection (a) shall include the following:
(1) A comprehensive assessment of units and components of the
Department of Defense conducting defensive cyberspace operations which
are not currently included in the definition specified in paragraph
(1)(A) of such subsection.
(2) Consideration of options for participation in the Cyberspace
Operations Forces by forces without regard to whether the forces are
included in such definition, including options under which--
(A) forces currently excluded from the Cyberspace Operations
Forces because of such definition may access training,
resources, and expertise of the Cyberspace Operations Forces;
(B) the Commander of the United States Cyber Command may
issue advisory tasking to forces that are not Cyberspace
Operations Forces pursuant to such definition; and
(C) forces that are not Cyberspace Operations Forces
pursuant to such definition are subject to training standards
established by the Commander as the Cyberspace Joint Force
Trainer.
SEC. 1558. ANNUAL ASSESSMENTS AND REPORTS ON ASSIGNMENT OF CERTAIN BUDGET
CONTROL RESPONSIBILITY TO COMMANDER OF UNITED STATES CYBER
COMMAND.
(a) Annual Assessments.--
(1) Requirement.--During fiscal year 2023, and not less frequently
than once each fiscal year thereafter through fiscal year 2028, the
Commander of the United States Cyber Command, in coordination with the
Principal Cyber Advisor of the Department of Defense, shall assess the
implementation of the transition of responsibilities assigned to the
Commander by section 1507(a)(1) of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81).
(2) Elements.--Each assessment carried out under paragraph (1) shall
include the following:
(A) An assessment of the operational and organizational
effect of section 1507(a)(1) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) on
the training, equipping, operation, sustainment, and readiness
of the Cyber Mission Forces.
(B) An inventory description of the cyber systems,
activities, capabilities, resources, and functions that have
been transferred from the military departments to control of the
Commander and those that have not been transitioned pursuant to
such section 1507(a)(1).
(C) An opinion by the Commander as to whether the cyber
systems, activities, capabilities, resources, and functions that
have not been so transitioned should be transitioned pursuant to
such section 1507(a)(1).
(D) An assessment of the adequacy of resources, authorities,
and policies required to implement such section 1507(a)(1),
including organizational, functional, and personnel matters.
(E) An assessment of the reliance on resources, authorities,
policies, or personnel external to United States Cyber Command
in support of the budget control of the Commander.
(F) Identification of any outstanding areas for transition
pursuant to such section 1507(a)(1).
(G) An assessment of the organization established under
section 1509 and its performance relative to the requirements of
the Command.
(H) Such other matters as the Commander considers
appropriate.
(b) Annual Reports.--Not later than March 1, 2023, and annually thereafter
through 2028, the Commander shall submit to the congressional defense committees
a report on the findings of the Commander with respect to the assessments under
subsection (a).
SEC. 1559. ASSESSMENTS OF WEAPONS SYSTEMS VULNERABILITIES TO RADIO-FREQUENCY
ENABLED CYBER ATTACKS.
(a) Assessments.--The Secretary of Defense shall ensure that the activities
required by and conducted pursuant to section 1647 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1118),
section 1637 of the John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 10 U.S.C. 221 note), and the amendments made by
section 1712 of the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 4087) include regular
assessments of the vulnerabilities to and mission risks presented by radio-
frequency enabled cyber attacks with respect to the operational technology
embedded in weapons systems, aircraft, ships, ground vehicles, space systems,
sensors, and datalink networks of the Department of Defense.
(b) Elements.--The assessments under subsection (a) with respect to
vulnerabilities and risks described in such subsection shall include--
(1) identification of such vulnerabilities and risks;
(2) ranking of vulnerability, severity, and priority;
(3) development and selection of options, with associated costs and
schedule, to correct such vulnerabilities, including installation of
intrusion detection capabilities;
(4) an evaluation of the cybersecurity sufficiency for Military
Standard 1553; and
(5) development of integrated risk-based plans to implement the
corrective actions selected.
(c) Development of Corrective Actions.--In developing corrective actions
under subsection (b)(3), the assessments under subsection (a) shall--
(1) consider the missions supported by the assessed weapons systems,
aircraft, ships, ground vehicles, space systems, sensors, or datalink
networks, as the case may be, to ensure that the corrective actions
focus on the vulnerabilities that create the greatest risks to the
missions;
(2) be shared and coordinated with the principal staff assistant
with primary responsibility for the strategic cybersecurity program; and
(3) address requirements for deployed and nondeployed members of the
Armed Forces to analyze data collected on the weapons systems and
respond to attacks.
(d) Intelligence Informed Assessments.--The assessments under subsection (a)
shall be informed by intelligence, if available, and technical judgment
regarding potential threats to embedded operational technology during operations
of the Armed Forces.
(e) Coordination.--
(1) Coordination and integration of activities.--The assessments
under subsection (a) shall be fully coordinated and integrated with
activities described in such subsection.
(2) Coordination of organizations.--The Secretary shall ensure that
the organizations conducting the assessments under subsection (a) in the
military departments, the United States Special Operations Command, and
the Defense Agencies coordinate with each other and share best
practices, vulnerability analyses, and technical solutions with the
principal staff assistant with primary responsibility for the Strategic
Cybersecurity Program.
(f) Briefings.--Not later than one year after the date of the enactment of
this Act, the Secretary shall provide to the congressional defense committees
briefings from the organizations specified under subsection (e)(2), as
appropriate, on the activities and plans required under this section.
SEC. 1560. BRIEFING ON DEPARTMENT OF DEFENSE PLAN TO DETER AND COUNTER
ADVERSARIES IN THE INFORMATION ENVIRONMENT.
(a) Briefing.--Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall provide to the congressional defense
committees a briefing on the following:
(1) The status of the strategy and posture review required by
section 1631(g) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 397 note).
(2) A description of efforts of the Department of Defense, including
such efforts conducted in consultation with relevant departments and
agencies of the Federal Government, to effectively deter and counter
foreign adversaries in the information environment, including--
(A) recent updates or modifications to existing policies to
more effectively deter and counter adversaries;
(B) a description of funding priorities and impacts to
future budget requests;
(C) recent updates to personnel policies to ensure the
recruitment, promotion, retention, and compensation for
individuals with the necessary skills in the information
environment; and
(D) a description of improvements required to the
collection, prioritization, and analysis of intelligence, in
particular open-source intelligence, to better inform the
understanding of foreign adversaries in the information
environment.
(3) A description of any initiatives that are being taken, in
cooperation with relevant departments and agencies of the Federal
Government, to assist and incorporate allies and partner countries of
the United States into efforts to effectively deter and counter foreign
adversaries in the information environment.
(4) A description of any additional actions the Secretary determines
necessary to further ensure that the Department of Defense is
appropriately postured to effectively deter and counter foreign
adversaries in the information environment.
(5) Any other matters the Secretary of Defense determines
appropriate.
(b) Information Environment Defined.--In this section, the term
``information environment'' has the meaning given in the publication of the
Department of Defense titled ``Joint Concept for Operating in the Information
Environment (JCOIE)'' dated July 25, 2018.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
Sec. 1601. Requirements for protection of satellites.
Sec. 1602. Strategy on protection of satellites.
Sec. 1603. Modification of reports on integration of acquisition and
capability delivery schedules for segments
of major satellite acquisitions programs
and funding for such programs.
Sec. 1604. Tactically responsive space capability.
Sec. 1605. Extension of annual report on Space Command and Control.
Sec. 1606. Allied responsive space capabilities.
Sec. 1607. Applied research and educational activities to support space
technology development.
Sec. 1608. Review of Space Development Agency exemption from Joint
Capabilities Integration and Development
System.
Sec. 1609. Update to plan to manage Integrated Tactical Warning and
Attack Assessment System and multi-domain
sensors.
Sec. 1610. Report on space debris.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Congressional oversight of clandestine activities that
support operational preparation of the
environment.
Subtitle C--Nuclear Forces
Sec. 1631. Biannual briefing on nuclear weapons and related activities.
Sec. 1632. Industrial base monitoring for B-21 and Sentinel programs.
Sec. 1633. Improvements to Nuclear Weapons Council.
Sec. 1634. Portfolio management framework for nuclear forces.
Sec. 1635. Extension of requirement to report on nuclear weapons
stockpile.
Sec. 1636. Modification and extension of annual assessment of cyber
resilience of nuclear command and control
system.
Sec. 1637. Modification of reports on Nuclear Posture Review
implementation.
Sec. 1638. Establishment of intercontinental ballistic missile site
activation task force for Sentinel program.
Sec. 1639. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1640. Plan for development of reentry vehicles.
Sec. 1641. Treatment of nuclear modernization and hypersonic missile
programs within Defense Priorities and
Allocations System.
Sec. 1642. Matters relating to nuclear-capable sea-launched cruise
missile.
Subtitle D--Missile Defense Programs
Sec. 1651. Biannual briefing on missile defense and related activities.
Sec. 1652. Improvements to acquisition accountability reports on the
ballistic missile defense system.
Sec. 1653. Making permanent prohibitions relating to missile defense
information and systems.
Sec. 1654. Next generation interceptors for missile defense of United
States homeland.
Sec. 1655. Termination of requirement to transition ballistic missile
defense programs to the military
departments.
Sec. 1656. Persistent cybersecurity operations for ballistic missile
defense systems and networks.
Sec. 1657. Fire control architectures.
Sec. 1658. Middle East integrated air and missile defense.
Sec. 1659. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-
development and co-production.
Sec. 1660. Integrated air and missile defense architecture for defense
of Guam.
Sec. 1661. Limitation on availability of certain funds until submission
of report on implementation of the cruise
missile defense architecture for the
homeland.
Sec. 1662. Strategy to use asymmetric capabilities to defeat hypersonic
missile threats.
Sec. 1663. Plan on delivering Shared Early Warning System data to
certain allies and partners of the United
States.
Sec. 1664. Reports on ground-based interceptors.
Sec. 1665. Report on missile defense interceptor site in contiguous
United States.
Subtitle E--Other Matters
Sec. 1671. Cooperative threat reduction funds.
Sec. 1672. Department of Defense support for requirements of the White
House Military Office.
Sec. 1673. Unidentified anomalous phenomena reporting procedures.
Sec. 1674. Study of weapons programs that allow Armed Forces to address
hard and deeply buried targets.
Subtitle A--Space Activities
SEC. 1601. REQUIREMENTS FOR PROTECTION OF SATELLITES.
Chapter 135 of title 10, United States Code, is amended by inserting after
section 2275 the following new section (and conforming the table of sections at
the beginning of such chapter accordingly):
``Sec. 2275a. Requirements for protection of satellites
``(a) Establishment of Requirements.--Before a major satellite acquisition
program achieves Milestone A approval, or equivalent, the Chief of Staff of the
Space Force, in consultation with the Commander of the United States Space
Command, shall establish requirements for the defense and resilience of the
satellites under that program against the capabilities of adversaries to target,
degrade, or destroy the satellites.
``(b) Definitions.--In this section:
``(1) The term `major satellite acquisition program' has the meaning
given that term in section 2275 of this title.
``(2) The term `Milestone A approval' has the meaning given that
term in section 4251 of this title 10.''.
SEC. 1602. STRATEGY ON PROTECTION OF SATELLITES.
(a) Strategy.--
(1) Requirement.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Director of National Intelligence, shall make publicly available a
strategy containing the actions that will be taken to defend and protect
on-orbit satellites of the Department of Defense and the intelligence
community from the capabilities of adversaries to target, degrade, or
destroy satellites.
(2) Forms.--The Secretary shall--
(A) make the strategy under paragraph (1) publicly available
in unclassified form; and
(B) submit to the appropriate congressional committees an
annex, which may be submitted in classified form, containing
supporting documents to the strategy.
(b) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
(2) The term ``intelligence community'' has the meaning given that
term in section 3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4)).
SEC. 1603. MODIFICATION OF REPORTS ON INTEGRATION OF ACQUISITION AND CAPABILITY
DELIVERY SCHEDULES FOR SEGMENTS OF MAJOR SATELLITE ACQUISITIONS
PROGRAMS AND FUNDING FOR SUCH PROGRAMS.
Section 2275(f) of title 10, United States Code, is amended by striking
paragraph (3).
SEC. 1604. TACTICALLY RESPONSIVE SPACE CAPABILITY.
(a) Program.--Subsection (a) of section 1609 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 10 U.S.C. 2271 note) is amended to read as follows:
``(a) Program.--The Secretary of the Air Force shall ensure that the Space
Force has a tactically responsive space capability that--
``(1) addresses all lifecycle elements; and
``(2) addresses rapid deployment and reconstitution requirements--
``(A) to provide long-term continuity for tactically
responsive space capabilities across the future-years defense
program submitted to Congress under section 221 of title 10,
United States Code;
``(B) to continue the development of concepts of operations,
including with respect to tactics, training, and procedures;
``(C) to develop appropriate processes for tactically
responsive space launch, including--
``(i) mission assurance processes; and
``(ii) command and control, tracking, telemetry, and
communications; and
``(D) to identify basing requirements necessary to enable
tactically responsive space capabilities.''.
(b) Requirements.--Such section is further amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new subsection:
``(b) Requirements.--The Chief of Space Operations shall establish
tactically responsive requirements for all national security space capabilities,
if applicable, carried out under title 10, United States Code.''.
(c) Support.--Subsection (c) of such section, as redesignated by subsection
(b), is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``launch program'' and inserting ``space program''; and
(B) by striking subparagraph (B) and inserting the following
new subparagraph:
``(B) The entire end-to-end tactically responsive space
capability, including with respect to the launch vehicle, ground
infrastructure, bus, payload, operations and on-orbit
sustainment.''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``for fiscal year 2023'' and
inserting ``for each of fiscal years 2023 through
2026''; and
(ii) by striking ``tactically responsive launch
program'' and inserting ``tactically responsive space
program'';
(B) in subparagraph (A), by striking ``launches'' and
inserting ``capabilities''; and
(C) in subparagraph (C), by striking ``tactically responsive
launch program'' and inserting ``tactically responsive space
program''.
(d) Conforming Amendment.--The heading of such section is amended in the
heading by striking ``launch operations'' and inserting ``space capability''.
SEC. 1605. EXTENSION OF ANNUAL REPORT ON SPACE COMMAND AND CONTROL.
Section 1613(a)(2) of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 133 Stat. 1731) is amended by striking ``2025'' and
inserting ``2030''.
SEC. 1606. ALLIED RESPONSIVE SPACE CAPABILITIES.
(a) Initiatives.--The Secretary of the Defense and the Secretary of State
shall jointly ensure that responsive space capabilities of the Department of
Defense align with initiatives by Five Eyes countries, member states of the
North Atlantic Treaty Organization, and other allies to promote a globally
responsive space architecture.
(b) Report.--Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense and the Secretary of State, in coordination with
the Commander of the United States European Command, the Commander of the United
States Indo-Pacific Command, and the Commander of the United States Space
Command, shall jointly submit to the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives, and the Committee
on Foreign Relations of the Senate a report assessing current investments and
partnerships by the United States with allies of the United States with respect
to responsive space efforts. The report shall include the following:
(1) An assessment of the benefits of leveraging allied and partner
spaceports for responsive launch.
(2) A discussion of current and future plans to engage with allies
and partners with respect to activities ensuring rapid reconstitution or
augmentation of the space capabilities of the United States and allies.
(3) An assessment of the shared costs and technology between the
United States and allies, including if investments from the Pacific
Deterrence Initiative and the European Deterrence Initiative could be
considered for allied spaceports.
(c) Five Eyes Countries Defined.--In this section, the term ``Five Eyes
countries'' means the following:
(1) Australia.
(2) Canada.
(3) New Zealand.
(4) The United Kingdom.
(5) The United States.
SEC. 1607. APPLIED RESEARCH AND EDUCATIONAL ACTIVITIES TO SUPPORT SPACE
TECHNOLOGY DEVELOPMENT.
(a) In General.--The Secretary of the Air Force and the Chief of Space
Operations, in coordination with the Chief Technology and Innovation Office of
the Space Force, may carry out applied research and educational activities to
support space technology development.
(b) Activities.--Activities carried out under subsection (a) shall support
the applied research, development, and demonstration needs of the Space Force,
including by addressing and facilitating the advancement of capabilities related
to--
(1) space domain awareness;
(2) positioning, navigation, and timing;
(3) communications;
(4) hypersonics;
(5) cybersecurity; and
(6) any other matter the Secretary of the Air Force considers
relevant.
(c) Education and Training.--Activities carried out under subsection (a)
shall--
(1) promote education and training for students so as to support the
future national security space workforce of the United States; and
(2) explore opportunities for international collaboration.
(d) Termination.--The authority provided by this section shall expire on
December 31, 2027.
SEC. 1608. REVIEW OF SPACE DEVELOPMENT AGENCY EXEMPTION FROM JOINT CAPABILITIES
INTEGRATION AND DEVELOPMENT SYSTEM.
(a) Review.--Not later than March 31, 2023, the Secretary of Defense shall
complete a review regarding whether the Space Development Agency should be
exempt from the Joint Capabilities Integration and Development System.
(b) Recommendation.--Not later than 30 days after the date on which the
review under subsection (a) is completed, the Secretary of Defense shall submit
to the congressional defense committees a recommendation as to whether the
exemption described in such subsection should apply to the Space Development
Agency.
(c) Implementation.--Not later than 60 days after the date on which the
recommendation is submitted under subsection (b), the Secretary of the Air Force
and the Director of the Space Development Agency shall implement the
recommendation.
SEC. 1609. UPDATE TO PLAN TO MANAGE INTEGRATED TACTICAL WARNING AND ATTACK
ASSESSMENT SYSTEM AND MULTI-DOMAIN SENSORS.
(a) Update Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Air Force shall update the plan that
was developed pursuant to section 1669 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91).
(b) Coordination With Other Agencies.--In developing the update required by
subsection (a), the Secretary shall--
(1) coordinate with the Secretary of the Army, the Secretary of the
Navy, the Director of the Missile Defense Agency, the Director of the
National Reconnaissance Office, and the Director of the Space
Development Agency; and
(2) solicit comments on the plan, if any, from the Commander of
United States Strategic Command, the Commander of United States Northern
Command, and the Commander of United States Space Command.
(c) Submittal to Congress.--Not later than 90 days after the update required
by subsection (a) is complete, the Secretary of the Air Force shall submit to
the congressional defense committees--
(1) the plan updated pursuant to subsection (a); and
(2) the comments from the Commander of United States Strategic
Command, the Commander of United States Northern Command, and the
Commander of United States Space Command, if any, solicited under
subsection (b)(2).
SEC. 1610. REPORT ON SPACE DEBRIS.
(a) Requirement.--Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the appropriate congressional
committees the portion of the report on the risks posed by man-made space debris
in low-Earth orbit described in the explanatory statement accompanying the
National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81) that
pertains to the Department of Defense. The portion of the report shall include--
(1) an explanation of such risks to defense and national security
space assets;
(2) recommendations with respect to the remediation of such risks to
defense and national security assets; and
(3) outlines of plans to reduce the incident of such space debris to
defense and national security assets.
(b) Appropriate Congressional Committees Defined.--In this section, the term
``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on Science,
Space, and Technology of the House of Representatives; and
(2) the Committee on Armed Services and Committee on Commerce,
Science, and Transportation of the Senate.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
SEC. 1621. CONGRESSIONAL OVERSIGHT OF CLANDESTINE ACTIVITIES THAT SUPPORT
OPERATIONAL PREPARATION OF THE ENVIRONMENT.
Section 127f of title 10, United States Code, is amended--
(1) by redesignating subsections (e) and (f) as subsections (f) and
(g), respectively; and
(2) by inserting after subsection (d) the following new subsection:
``(e) Quarterly Briefing.--On a quarterly basis, the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict, in coordination with
elements of the Department of Defense that the Assistant Secretary determines
appropriate, shall provide to the congressional defense committees a briefing
outlining the clandestine activities carried out pursuant to subsection (a)
during the period covered by the briefing, including--
``(1) an update on such activities carried out in each geographic
combatant command and a description of how such activities support the
respective theater campaign plan;
``(2) an overview of the authorities and legal issues, including
limitations, relating to such activities; and
``(3) any other matters the Assistant Secretary considers
appropriate.''.
Subtitle C--Nuclear Forces
SEC. 1631. BIANNUAL BRIEFING ON NUCLEAR WEAPONS AND RELATED ACTIVITIES.
Chapter 24 of title 10, United States Code, is amended by inserting after
section 492a the following new section (and conforming the table of sections at
the beginning of such chapter accordingly):
``SEC. 492B. BIANNUAL BRIEFING ON NUCLEAR WEAPONS AND RELATED ACTIVITIES.
``(a) In General.--On or about May 1 and November 1 of each year, the
officials specified in subsection (b) shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a briefing on matters
relating to nuclear weapons policies, operations, technology development, and
other similar topics as requested by such committees.
``(b) Officials Specified.--The officials specified in this subsection are
the following:
``(1) The Assistant Secretary of Defense for Acquisition.
``(2) The Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs.
``(3) The Assistant Secretary of Defense for Space Policy.
``(4) The Deputy Administrator for Defense Programs of the National
Nuclear Security Administration.
``(5) The Director for Strategy, Plans, and Policy of the Joint
Staff.
``(6) The Director for Capability and Resource Integration for the
United States Strategic Command.
``(c) Delegation.--An official specified in subsection (b) may delegate the
authority to provide a briefing under subsection (a) to a member of the Senior
Executive Service who reports to the official.
``(d) Termination.--The requirement to provide a briefing under subsection
(a) shall terminate on January 1, 2028.''.
SEC. 1632. INDUSTRIAL BASE MONITORING FOR B-21 AND SENTINEL PROGRAMS.
Chapter 24 of title 10, United States Code, is amended by inserting after
section 493 the following new section (and conforming the table of sections at
the beginning of such chapter accordingly):
``Sec. 493a. Industrial base monitoring for B-21 and Sentinel programs
``(a) Designation.--The Secretary of the Air Force, acting through the
Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics,
shall designate a senior official, who shall report to the Assistant Secretary,
to monitor the combined industrial base supporting the acquisition of--
``(1) B-21 aircraft; and
``(2) the Sentinel intercontinental ballistic missile weapon system.
``(b) Requirements for Monitoring.--In monitoring the combined industrial
base described in subsection (a), the senior official designated under such
subsection shall--
``(1) have the authority to select staff to assist the senior
official from among civilian employees of the Department and members of
the armed forces, who may provide such assistance concurrently while
serving in another position;
``(2) monitor the acquisition by the combined industrial base of--
``(A) materials, technologies, and components associated
with nuclear weapons systems; and
``(B) commodities purchased on a large scale;
``(3) monitor the hiring or contracting by the combined industrial
base of personnel with critical skills; and
``(4) assess whether personnel with critical skills and knowledge,
intellectual property on manufacturing processes, and facilities and
equipment necessary to design, develop, manufacture, repair, and support
a program are available and affordable within the scopes of the B-21
aircraft program and the Sentinel intercontinental ballistic missile
weapon system program.
``(c) Annual Report.--At the same time as the submission of the budget of
the President pursuant to section 1105(a) of title 31 for a fiscal year, the
Secretary shall submit to the congressional defense committees a report with
respect to the status of the combined industrial base described in subsection
(a).''.
SEC. 1633. IMPROVEMENTS TO NUCLEAR WEAPONS COUNCIL.
(a) Responsibilities.--Subsection (d) of section 179 of title 10, United
States Code, is amended--
(1) in paragraph (9), by inserting ``, in coordination with the
Joint Requirements Oversight Council,'' after ``capabilities, and'';
(2) by redesignating paragraphs (10), (11), and (12) as paragraphs
(11), (12), and (13), respectively;
(3) by inserting after paragraph (9) the following new paragraph
(10):
``(10) With respect to nuclear warheads--
``(A) reviewing military requirements, performance
requirements, and planned delivery schedules to evaluate whether
such requirements and schedules create significant risks to
cost, schedules, or other matters regarding production,
surveillance, research, and other programs relating to nuclear
weapons within the National Nuclear Security Administration; and
``(B) if any such risk exists, proposing and analyzing
adjustments to such requirements and schedules.''; and
(4) by striking paragraph (13), as so redesignated, and inserting
the following new paragraph (13):
``(13) Coordinating risk management efforts between the Department
of Defense and the National Nuclear Security Administration relating to
the nuclear weapons stockpile, the nuclear security enterprise (as
defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C.
2501)), and the delivery platforms for nuclear weapons, including with
respect to identifying and analyzing risks and proposing actions to
mitigate risks.''.
(b) Plans and Budget.--Subsection (f) of such section is amended to read as
follows:
``(f) Budget and Funding Matters.--(1) The Council shall annually review the
plans and budget of the National Nuclear Security Administration and assess
whether such plans and budget meet the current and projected requirements
relating to nuclear weapons.
``(2)(A) The Council shall review each budget request transmitted by the
Secretary of Energy to the Council under section 4717 of the Atomic Energy
Defense Act (50 U.S.C. 2757) and make a determination under subparagraph (B)
regarding the adequacy of each such request. Not later than 30 days after making
such a determination, the Council shall notify the congressional defense
committees that such a determination has been made.
``(B)(i) If the Council determines that a budget request for a fiscal year
transmitted to the Council under section 4717 of the Atomic Energy Defense Act
(50 U.S.C. 2757) is inadequate, in whole or in part, to implement the objectives
of the Department of Defense with respect to nuclear weapons for that fiscal
year, the Council shall submit to the Secretary of Energy a written description
of funding levels and specific initiatives that would, in the determination of
the Council, make the budget request adequate to implement those objectives.
``(ii) If the Council determines that a budget request for a fiscal year
transmitted to the Council under section 4717 of the Atomic Energy Defense Act
(50 U.S.C. 2757) is adequate to implement the objectives described in clause (i)
for that fiscal year, the Council shall submit to the Secretary of Energy a
written statement confirming the adequacy of the request.
``(iii) The Council shall maintain a record of each description submitted
under clause (i) and each statement submitted under clause (ii).
``(3) Not later than 30 days after the President submits to Congress the
budget for a fiscal year under section 1105(a) of title 31, the Council shall
submit to the congressional defense committees a report containing the
following:
``(A) The results of the assessment conducted under paragraph (1)
with respect to that budget.
``(B) An evaluation of--
``(i) whether the funding requested for the National Nuclear
Security Administration in such budget--
``(I) enables the Administrator for Nuclear Security
to meet requirements relating to nuclear weapons for
such fiscal year; and
``(II) is adequate to implement the objectives of
the Department of Defense with respect to nuclear
weapons for that fiscal year; and
``(ii) whether the plans and budget reviewed under paragraph
(1) will enable the Administrator to meet--
``(I) the requirements to produce war reserve
plutonium pits under section 4219(a) of such Act (50
U.S.C. 2538a(a)); and
``(II) any other requirements under Federal law.
``(C) If the evaluation under subparagraph (B)(ii) determines that
the plans and budget reviewed under paragraph (1) will not enable the
Administrator to meet the requirements to produce war reserve plutonium
pits under section 4219(a) of the Atomic Energy Defense Act (50 U.S.C.
2538a(a))--
``(i) an explanation for why the plans and budget will not
enable the Administrator to meet such requirements; and
``(ii) proposed alternative plans, budget, or requirements
by the Council to meet such requirements.
``(4) If a member of the Council does not concur in any assessment or
evaluation under this subsection, the report or other information required to be
submitted to the congressional defense committees regarding such assessment or
evaluation shall include a written explanation from the non-concurring member
describing the reasons for the member's nonconcurrence.
``(5)(A) Not later than 30 days after the President submits to Congress the
budget for a fiscal year under section 1105(a) of title 31, the Commander of the
United States Strategic Command shall submit to the Chairman of the Joint Chiefs
of Staff an assessment of--
``(i) whether such budget allows the Federal Government to
meet the nuclear stockpile and stockpile stewardship program
requirements during the fiscal year covered by the budget and
the four subsequent fiscal years; and
``(ii) if the Commander determines that such budget does not
allow the Federal Government to meet such requirements, a
description of the steps being taken to meet such requirements.
``(B) Not later than 30 days after the date on which the Chairman of the
Joint Chiefs of Staff receives the assessment of the Commander of the United
States Strategic Command under subparagraph (A), the Chairman shall submit to
the congressional defense committees--
``(i) such assessment as it was submitted to the Chairman; and
``(ii) any comments of the Chairman.
``(6) In this subsection, the term `budget' has the meaning given that term
in section 231(f) of this title.''.
(c) Modification of Budget Review by Nuclear Weapons Council.--Section 4717
of the Atomic Energy Defense Act (50 U.S.C. 2757) is amended--
(1) in subsection (a)--
(A) by striking paragraph (2) and inserting the following:
``(2) Review.--The Council shall review each budget request
transmitted to the Council under paragraph (1) in accordance with
section 179(f) of title 10, United States Code.''; and
(B) in paragraph (3)(A)--
(i) in the matter preceding clause (i), by striking
``paragraph (2)(B)(i)'' and inserting ``section
179(f)(2)(B)(i) of title 10, United States Code,''; and
(ii) in clause (i), by striking ``the description
under paragraph (2)(B)(i)'' and inserting ``that
description''; and
(2) in subsection (b)--
(A) by striking ``Council.--'' in the heading and all that
follows through ``At the time'' and inserting ``Council.--At the
time''; and
(B) by striking paragraph (2).
(d) Updates on Meetings.--Section 179(g)(1)(A) of title 10, United States
Code, is amended by inserting ``and the members who attended each meeting''
before the semicolon.
(e) Repeal of Termination of Nuclear Weapons Council Certification and
Reporting Requirement.--Section 1061(c) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 111 note) is amended by
striking paragraph (10).
SEC. 1634. PORTFOLIO MANAGEMENT FRAMEWORK FOR NUCLEAR FORCES.
(a) In General.--Chapter 24 of title 10, United States Code, is amended by
adding at the end the following new section (and conforming the table of
sections at the beginning of such chapter accordingly):
``Sec. 499c. Portfolio management framework for nuclear forces
``(a) Requirement.--Not later than January 1, 2024, the Secretary of Defense
shall--
``(1) implement a portfolio management framework for nuclear forces
of the United States that--
``(A) specifies the portfolio of nuclear forces covered by
the framework;
``(B) establishes a portfolio governance structure for such
forces that takes advantage of, or is modeled on, an existing
portfolio governance structure, such as the Deputy's Management
Action Group described in Department of Defense Directive
5105.79;
``(C) outlines the approach of the Secretary for identifying
and managing risk relating to such forces and prioritizing the
efforts among such forces, including how the Secretary, acting
through the Under Secretary of Defense for Acquisition and
Sustainment, will coordinate such identification, management,
and prioritization with the Administrator for Nuclear Security
using the coordination processes of the Nuclear Weapons Council;
and
``(D) incorporates the findings and recommendations
identified by the Comptroller General of the United States in
the report titled `Nuclear Enterprise: DOD and NNSA Could
Further Enhance How They Manage Risk and Prioritize Efforts'
(GAO-22-104061) and dated January 2022; and
``(2) complete a comprehensive assessment of the portfolio
management capabilities required to identify and manage risk in the
portfolio of nuclear forces, including how to draw upon public and
private sector resources and the program management expertise within the
Defense Acquisition University.
``(b) Annual Briefings; Notifications.--(1) In conjunction with the
submission of the budget of the President to Congress pursuant to section 1105
of title 31 for fiscal year 2025 and each fiscal year thereafter through the
date specified in subsection (c), the Secretary shall provide to the
congressional defense committees a briefing on identifying and managing risk
relating to nuclear forces and prioritizing the efforts among such forces,
including, with respect to the period covered by the briefing--
``(A) the current and projected operational requirements for nuclear
forces that were used for such identification, management, and
prioritization;
``(B) key areas of risk identified; and
``(C) a description of the actions proposed or carried out to
mitigate such risk.
``(2) The Secretary may provide the briefings under paragraph (1) in
classified form.
``(3) If a House of Congress adopts a bill authorizing or appropriating
funds that, as determined by the Secretary, provides funds in an amount that
will result in a significant delay in the nuclear certification or delivery of
nuclear forces, the Secretary shall notify the congressional defense committees
of the determination.
``(c) Termination.--The requirements of this section shall terminate 90 days
after the date on which the Secretary certifies to the congressional defense
committees that each of the following have achieved full operational capability:
``(1) The LGM-35A Sentinel intercontinental ballistic missile weapon
system.
``(2) The Columbia-class ballistic missile submarine program.
``(3) The long-range standoff weapon program.
``(4) The B-21 Raider bomber aircraft program.
``(5) The F-35A dual-capable aircraft program.
``(d) Nuclear Forces Defined.--In this section, the term `nuclear forces'
includes, at a minimum--
``(1) nuclear weapons;
``(2) the delivery platforms and systems for nuclear weapons;
``(3) nuclear command, control, and communications systems; and
``(4) the infrastructure and facilities of the Department of Defense
and the National Nuclear Security Administration that support nuclear
weapons, the delivery platforms and systems for nuclear weapons, and
nuclear command, control, and communications systems, including with
respect to personnel, construction, operation, and maintenance.''.
(b) Initial Briefing.--
(1) Requirement.--Not later than June 1, 2023, the Secretary of
Defense shall provide to the congressional defense committees a briefing
on the progress of the Secretary to--
(A) develop the portfolio management framework for nuclear
forces under section 499c of title 10, United States Code, as
added by subsection (a); and
(B) complete the assessment described in subsection (a)(2)
of such section.
(2) Form.--The Secretary may provide the briefing under paragraph
(1) in classified form.
SEC. 1635. EXTENSION OF REQUIREMENT TO REPORT ON NUCLEAR WEAPONS STOCKPILE.
Section 492a(a)(1) of title 10, United States Code, is amended by striking
``2024'' and inserting ``2029''.
SEC. 1636. MODIFICATION AND EXTENSION OF ANNUAL ASSESSMENT OF CYBER RESILIENCE
OF NUCLEAR COMMAND AND CONTROL SYSTEM.
(a) Quarterly Briefings.--Subsection (d) of section 499 of title 10, United
States Code, is amended to read as follows:
``(d) Quarterly Briefings.--(1) Not less than once every quarter, the Deputy
Secretary of Defense and the Vice Chairman of the Joint Chiefs of Staff shall
jointly provide to the Committees on Armed Services of the House of
Representatives and the Senate--
``(A) a briefing on any intrusion or anomaly in the nuclear command,
control, and communications system that was identified during the
previous quarter, including--
``(i) an assessment of any known, suspected, or potential
impacts of such intrusions and anomalies to the mission
effectiveness of military capabilities as of the date of the
briefing; and
``(ii) with respect to cyber intrusions of contractor
networks known or suspected to have resulted in the loss or
compromise of design information regarding the nuclear command,
control, and communications system; or
``(B) if no such intrusion or anomaly occurred with respect to the
quarter to be covered by that briefing, a notification of such lack of
intrusions and anomalies.
``(2) In this subsection:
``(A) The term `anomaly' means a malicious, suspicious or abnormal
cyber incident that potentially threatens the national security or
interests of the United States, or that is likely to result in
demonstrable harm to the national security of the United States.
``(B) The term `intrusion' means an unauthorized and malicious cyber
incident that compromises a nuclear command, control, and communications
system by breaking the security of such a system or causing it to enter
into an insecure state.''.
(b) Extension.--Subsection (e) of such section is amended by striking
``December 31, 2027'' and inserting ``December 31, 2032''.
(c) Conforming Repeal.--Section 171a of title 10, United States Code, is
amended--
(1) by striking subsection (h); and
(2) by redesignating subsections (i) through (l) as subsections (h)
through (k), respectively.
SEC. 1637. MODIFICATION OF REPORTS ON NUCLEAR POSTURE REVIEW IMPLEMENTATION.
Section 491(c) of title 10, United States Code is amended--
(1) in the heading, by striking ``2010'';
(2) in the matter preceding paragraph (1)--
(A) by striking ``2012 through 2021'' and inserting ``2022
through 2031''; and
(B) by striking ``2010'' and inserting ``a''; and
(3) by striking paragraph (1) and inserting the following new
paragraph (1.):
``(1) ensure that the report required by section 492a of this title
is transmitted to Congress, if so required under such section;''.
SEC. 1638. ESTABLISHMENT OF INTERCONTINENTAL BALLISTIC MISSILE SITE ACTIVATION
TASK FORCE FOR SENTINEL PROGRAM.
(a) Establishment.--
(1) Task force.--There is established within the Air Force Global
Strike Command a directorate to be known as the Sentinel
Intercontinental Ballistic Missile Site Activation Task Force (in this
section referred to as the ``Task Force'').
(2) Site activation task force.--The Task Force shall serve as the
Site Activation Task Force (as that term is defined in Air Force
Instruction 10-503, updated October 14, 2020) for purposes of overseeing
and coordinating the construction of fixed facilities and emplacements
and the installation and checkout of supporting subsystems and equipment
leading to the deployment and achievement of full operational capability
of the LGM-35A Sentinel intercontinental ballistic missile weapon system
at each intercontinental ballistic missile wing for use by the Air Force
Global Strike Command in support of plans and operations of the United
States Strategic Command.
(b) Director.--
(1) Head.--The Task Force shall be headed by the Director of
Intercontinental Ballistic Missile Modernization.
(2) Appointment.--
(A) In general.--The Secretary of the Air Force shall
appoint the Director from among the general officers of the Air
Force.
(B) Qualifications.--In appointing the Director, the
Secretary shall give preference to individuals with expertise in
intercontinental ballistic missile operations and large
construction projects.
(3) Term of office.--
(A) Term.--The Director shall be appointed for a term of
three years. The Secretary may reappoint the Director for one
additional three-year term.
(B) Removal.--The Secretary may remove the Director for
cause at any time.
(4) Duties.--
(A) In general.--The Director shall--
(i) oversee and coordinate the activities of the Air
Force in support of--
(I) the deployment of the LGM-35A Sentinel
intercontinental ballistic missile weapon
system; and
(II) the retirement of the LGM-30G Minuteman
III intercontinental ballistic missile weapon
system; and
(ii) subject to the authority, direction, and
control of the Commander of the Air Force Global Strike
Command, the Chief of Staff of the Air Force, and the
Secretary of the Air Force, prepare, justify, and
execute the personnel, operation and maintenance, and
construction budgets for such deployment and retirement.
(B) Rule of construction.--Nothing in this subsection shall
be construed to supersede or otherwise alter the organizational
relationships and responsibilities regarding oversight and
management of the LGM-35A Sentinel as a Major Capability
Acquisition Program, as outlined in Department of Defense
Instruction 5000.85, ``Major Capability Acquisition'', dated
November 4, 2021.
(c) Reports.--
(1) Report to secretaries.--Not later than one year after the date
of the enactment of this Act, and annually thereafter until the date
specified in subsection (e), the Director, in consultation with the
milestone decision authority (as defined in section 4251(d) of title 10,
United States Code) for the LGM-35A Sentinel intercontinental ballistic
missile program, shall submit to the Secretary of Defense and the
Secretary of the Air Force a report on the progress of the Air Force in
achieving initial and full operational capability for the LGM-35A
Sentinel intercontinental ballistic missile weapon system.
(2) Report to congress.--Not later than 30 days after receiving a
report under paragraph (1), the Secretary of Defense and the Secretary
of the Air Force shall jointly submit to the congressional defense
committees the report.
(3) Form.--The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
(4) Quarterly briefing.--Not later than one year after the date of
the enactment of this Act, and every 90 days thereafter until the date
specified in subsection (e), the Secretary of the Air Force shall
provide to the congressional defense committees a briefing regarding the
progress made on activities by the Task Force to bring the LGM-35A
Sentinel intercontinental ballistic missile weapon system to operational
capability at each intercontinental ballistic missile wing.
(d) Weapon System Designation.--
(1) Weapon system.--For purposes of nomenclature and life cycle
maintenance, each wing level configuration of the LGM-35A Sentinel
intercontinental ballistic missile shall be considered a weapon system.
(2) Definitions.--In this subsection:
(A) The term ``weapon system'' has the meaning given the
term in Department of the Air Force Pamphlet 63-128, updated
February 3, 2021.
(B) The term ``wing level configuration'' means the complete
arrangement of subsystems and equipment of the LGM-35A Sentinel
intercontinental ballistic missile required to function as a
wing.
(e) Termination.--The Task Force shall terminate not later than 90 days
after the date on which the Commander of the United States Strategic Command and
the Commander of the Air Force Global Strike Command (or the heads of successor
agencies of the United States Strategic Command and the Air Force Global Strike
Command) jointly declare that the LGM-35A Sentinel intercontinental ballistic
missile weapon system has achieved full operational capability.
SEC. 1639. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL BALLISTIC MISSILES
OF THE UNITED STATES.
(a) Prohibition.--Except as provided in subsection (b), none of the funds
authorized to be appropriated by this Act or otherwise made available for fiscal
year 2023 for the Department of Defense may be obligated or expended for the
following, and the Department may not otherwise take any action to do the
following:
(1) Reduce, or prepare to reduce, the responsiveness or alert level
of the intercontinental ballistic missiles of the United States.
(2) Reduce, or prepare to reduce, the quantity of deployed
intercontinental ballistic missiles of the United States to a number
less than 400.
(b) Exception.--The prohibition in subsection (a) shall not apply to any of
the following activities:
(1) The maintenance or sustainment of intercontinental ballistic
missiles.
(2) Ensuring the safety, security, or reliability of
intercontinental ballistic missiles.
(3) Facilitating the transition from the Minuteman III
intercontinental ballistic missile to the Sentinel intercontinental
ballistic missile (previously referred to as the ``ground-based
strategic deterrent weapon'').
SEC. 1640. PLAN FOR DEVELOPMENT OF REENTRY VEHICLES.
(a) Plan.--The Under Secretary of Defense for Acquisition and Sustainment,
in consultation with the Administrator for Nuclear Security and the Under
Secretary of Defense for Research and Engineering, shall produce a plan for the
development, during the 20-year period beginning on the date of the enactment of
this Act, of--
(1) the Mark 21A reentry vehicle for the Air Force;
(2) the Mark 7 reentry vehicle for the Navy; and
(3) any other reentry vehicles for--
(A) the Sentinel intercontinental ballistic missile weapon
system;
(B) the Trident II (D5) submarine-launched ballistic
missile, or subsequent missile; and
(C) any other long-range ballistic or hypersonic strike
missile that may rely upon technologies similar to the
technologies used in the missiles described in subparagraphs (A)
and (B).
(b) Elements.--The plan under subsection (a) shall--
(1) with respect to the development of each reentry vehicle
described in such subsection, describe--
(A) timed phases of production for the reentry aeroshell and
the planned production and fielding of the reentry vehicle;
(B) the required developmental and operational testing
capabilities and capacities, including such capabilities and
capacities of the reentry vehicle;
(C) the technology development and manufacturing
capabilities that may require use of authorities under the
Defense Production Act of 1950 (50 U.S.C. 4501 et seq.); and
(D) the industrial base capabilities and capacities,
including the availability of sufficient critical materials and
staffing to ensure adequate competition between entities
developing the reentry vehicle;
(2) provide estimated cost projections for the development of the
first operational reentry vehicle and the production of subsequent
reentry vehicles to meet the requirements of the Navy and Air Force; and
(3) provide for the coordination with and account for the needs of
the development by the Department of Defense of hypersonic systems using
materials, staffing, and an industrial base similar to that required for
the development of reentry vehicles described in subsection (a).
(c) Assessments.--
(1) Cost projections.--The Director of the Office of Cost Assessment
and Program Evaluation of the Department of Defense, in coordination
with the Director of the Office of Cost Estimating and Program
Evaluation of the National Nuclear Security Administration, shall
conduct an assessment of the costs of the plan under subsection (a).
(2) Technology and manufacturing readiness.--Not later than 90 days
after the date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment shall seek to enter into an
agreement with a federally funded research and development center to
conduct an assessment of the technology and manufacturing readiness
levels with respect to the plan under subsection (a).
(d) Submission to Congress.--Not later than one year after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition and
Sustainment shall submit to the congressional defense committees the plan under
subsection (a) and the assessments under subsection (c).
SEC. 1641. TREATMENT OF NUCLEAR MODERNIZATION AND HYPERSONIC MISSILE PROGRAMS
WITHIN DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM.
(a) Review and Briefing.--Not later than January 1, 2023, and annually
thereafter until January 1, 2028, the Secretary of Defense and the Secretary of
Energy shall jointly provide to the congressional defense committees a briefing,
with respect to each nuclear weapons delivery system, missile warning system,
hypersonic boost-glide missile system program, and weapon program or nuclear
security enterprise infrastructure project of the National Nuclear Security
Administration, on--
(1) which such programs or projects have been reviewed or considered
for a determination of DX priority rating under part 700 of title 15,
Code of Federal Regulations;
(2) which, if any, such programs or projects have been assigned a DX
priority rating, or have been determined to require such rating and a
timeline for assignment;
(3) any such programs or projects that have sought DX rating but
have been denied assignment, including a rationale for denial;
(4) any such program or project which had previously obtained a DX
rating and the designation was unassigned; and
(5) other related matters the Secretaries determine appropriate,
including the potential impacts and risks to other programs.
(b) Milestone Review Requirement.--With respect to any program or project
that the Secretary of Defense and the Secretary of Energy identify under
subsection (a)(1) as not having been reviewed or considered for a determination
of DX priority rating under part 700 of title 15, Code of Federal Regulations,
the respective Secretary shall--
(1) conduct an assessment regarding the need for such a DX priority
rating not less frequently than prior to the program or project
achieving Milestone A approval, Milestone B approval, and Milestone C
approval, or equivalent; and
(2) document such assessment within the acquisition decision
memorandum, or equivalent, for the program or project.
SEC. 1642. MATTERS RELATING TO NUCLEAR-CAPABLE SEA-LAUNCHED CRUISE MISSILE.
(a) Report on Deterrence.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report that describes the approach by the
Department of Defense for deterring theater nuclear employment by Russia, China,
and North Korea, including--
(1) an assessment of the current and future theater nuclear
capabilities and doctrines of Russia, China, and North Korea;
(2) an explanation of the strategy and capabilities of the United
States for deterring theater nuclear employment; and
(3) a comparative assessment of options for strengthening deterrence
of theater nuclear employment, including pursuit of the nuclear-capable
sea-launched cruise missile and other potential changes to the nuclear
and conventional posture and capabilities of the United States.
(b) Concept of Operations and Operational Implications.--
(1) Concept of operations.--Not later than 150 days after the date
of the enactment of this Act, the Vice Chairman of the Joint Chiefs of
Staff, in coordination with the Chief of Naval Operations, the Under
Secretary of Defense for Policy, the Commander of the United States
Strategic Command, the Commander of the United States European Command,
and the Commander of the United States Indo-Pacific Command, shall
develop and validate a concept of operations for a nuclear-capable sea-
launched cruise missile that provides options for, at a minimum--
(A) regularly deploying the missile in relevant operational
theaters; and
(B) maintaining the missile in reserve and deploying as
needed to relevant operational theaters.
(2) Operational implications.--Not later than 270 days after the
date of the enactment of this Act, and based upon the concept of
operations developed pursuant to paragraph (1), the Chief of Naval
Operations, in coordination with the Vice Chairman of the Joint Chiefs
of Staff, the Commander of the United States Strategic Command, the
Commander of the United States European Command, and the Commander of
the United States Indo-Pacific Command, shall submit to the
congressional defense committees a report that describes the operational
implications associated with deploying nuclear-capable sea-launched
cruise missiles on naval vessels, including--
(A) anticipated effects on the deterrence of regional
nuclear use by Russia, China, and North Korea from such
deployment;
(B) expected adjustments in the regional balances of nuclear
forces between the United States and Russia, China, and North
Korea respectively, based on the anticipated effects under
subparagraph (A);
(C) anticipated operational and deterrence implications of
allocating missile or torpedo tubes from conventional munitions
to nuclear munitions if additional vessels beyond current
planning are not available;
(D) anticipated operational constraints and trade-offs
associated with reserving or limiting naval vessels, if
applicable, on account of nuclear mission requirements;
(E) adjustments to posture and operationally available
capabilities that may be required if the Navy is not provided
with additional resources to support tactical nuclear
operations, including potential costs and constraints relating
to nuclear certification, modifications to port infrastructure,
personnel training, and other factors; and
(F) any other issues identified by the Chief, Vice Chairman,
and Commanders.
(c) Report on Development.--Not later than 270 days after the date of the
enactment of this Act, the Administrator for Nuclear Security shall submit to
the congressional defense committees a report that describes the cost and
timeline of developing and producing a variation of the W80-4 warhead for a
nuclear-capable sea-launched cruise missile, including--
(1) the cost of developing, producing, and sustaining the warhead;
(2) the timeline for the design, production, and fielding of the
warhead; and
(3) an assessment of how the pursuit of a variant of the W80-4
warhead may affect other planned warhead activities of the National
Nuclear Security Administration, including whether there would be risk
to the cost and schedule of other warhead programs of the Administration
if the Nuclear Weapons Council added a nuclear-capable sea-launched
cruise missile warhead to the portfolio of such programs.
(d) Spend Plan.--Not later than 45 days after the date of the enactment of
this Act, the Secretary of the Navy and the Administrator for Nuclear Security
shall submit to the congressional defense committees the anticipated spend plans
for the research and development of a nuclear-capable sea-launched cruise
missile and the associated warhead for the missile with respect to each of the
following:
(1) The funds for such research and development appropriated by the
Consolidated Appropriations Act, 2022 (Public Law 117-103).
(2) The funds for such research and development authorized to be
appropriated by this Act.
(e) Consolidated Report.--The reports required by subsections (a) and (b)(2)
may be submitted in one consolidated report.
(f) Preferred Course of Action.--To inform the reports under this section,
not later than 30 days after the date of the enactment of this Act, the
Secretary of Defense shall identify one or more preferred courses of action from
among the actions identified in the analysis of alternatives for a nuclear-
capable sea-launched cruise missile.
(g) Limitation.--
(1) In general.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2023 for the
Department of Defense or the National Nuclear Security Administration
may be obligated or expended for a purpose specified in paragraph (2)
until each of the reports under this section and a detailed,
unclassified summary of the analysis of alternatives regarding the
nuclear-capable sea-launched cruise missile have been submitted to the
congressional defense committees.
(2) Funds specified.--The purposes specified in this paragraph are
the following:
(A) With respect to the Department of Defense, system
development and demonstration of a nuclear-capable sea-launched
cruise missile.
(B) With respect to the National Nuclear Security
Administration, development engineering for a modified, altered,
or new warhead for a sea-launched cruise missile.
(h) Definitions.--In this section:
(1) The term ``development engineering'' means activities under
phase 3 of the joint nuclear weapons life cycle (as defined in section
4220 of the Atomic Energy Defense Act (50 U.S.C. 2538b) or phase 6.3 of
a nuclear weapons life extension program.
(2) The term ``system development and demonstration'' means the
activities occurring in the phase after a program achieves Milestone B
approval (as defined in section 4172 of title 10, United States Code).
Subtitle D--Missile Defense Programs
SEC. 1651. BIANNUAL BRIEFING ON MISSILE DEFENSE AND RELATED ACTIVITIES.
Chapter 23 of title 10, United States Code, is amended by inserting after
section 486 the following new section (and conforming the table of sections at
the beginning of such chapter accordingly):
``Sec. 487. Biannual briefing on missile defense and related activities
``(a) In General.--On or about June 1 and December 1 of each year, the
officials specified in subsection (b) shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a briefing on matters
relating to missile defense policies, operations, technology development, and
other similar topics as requested by such committees.
``(b) Officials Specified.--The officials specified in this subsection are
the following:
``(1) The Assistant Secretary of Defense for Acquisition.
``(2) The Assistant Secretary of Defense for Space Policy.
``(3) The Director of the Missile Defense Agency.
``(4) The Director for Strategy, Plans, and Policy of the Joint
Staff.
``(c) Delegation.--An official specified in subsection (b) may delegate the
authority to provide a briefing required by subsection (a) to a member of the
Senior Executive Service who reports to the official.
``(d) Termination.--The requirement to provide a briefing under subsection
(a) shall terminate on January 1, 2028.''.
SEC. 1652. IMPROVEMENTS TO ACQUISITION ACCOUNTABILITY REPORTS ON THE BALLISTIC
MISSILE DEFENSE SYSTEM.
(a) Elements of Baselines.--Subsection (b) of section 225 of title 10,
United States Code, is amended--
(1) in paragraph (1)(C), by striking ``and flight'' and inserting
``, flight, and cybersecurity'';
(2) in paragraph (2), by striking subparagraph (C) and inserting the
following new subparagraph (C):
``(C) how the proposed capability satisfies a capability
requirement or performance attribute identified through--
``(i) the missile defense warfighter involvement
process, as governed by United States Strategic Command
Instruction 538-03, or such successor document; or
``(ii) processes and products approved by the Joint
Chiefs of Staff or Joint Requirements Oversight
Council;''; and
(3) in paragraph (3)--
(A) in subparagraph (C), by striking ``; and'' and inserting
a semicolon;
(B) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(E) an explanation for why a program joint cost analysis
requirements description has not been prepared and approved,
and, if a program joint cost analysis requirements description
is not applicable, the rationale for such inapplicability.''.
(b) Annual Reports on Acquisition Baselines.--Subsection (c) of such section
is amended--
(1) in paragraph (2)(B)(ii)--
(A) in subclause (I)--
(i) by striking ``initial'' and inserting
``original''; and
(ii) by striking ``; and'' and inserting a
semicolon;
(B) in subclause (II), by striking the period at the ending
and inserting ``; and''; and
(C) by adding at the end the following new subclause:
``(III) the most recent adjusted or revised acquisition
baseline for such program element or major subprogram under
subsection (d).'';
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (3) the following new paragraph:
``(3)(A) Each report under paragraph (1) shall include the total system
costs for each element described in subparagraph (B) that comprises the missile
defense system, without regard to funding source or management control (such as
the Missile Defense Agency, a military department, or other element of the
Department of Defense).
``(B) The elements described in this subparagraph shall include the
following:
``(i) Research and development.
``(ii) Procurement.
``(iii) Military construction.
``(iv) Operations and sustainment.
``(v) Disposal.''; and
(4) by inserting after paragraph (4) the following new paragraph
(5):
``(5) In this subsection:
``(A) The term `original acquisition baseline' means, with respect
to a program element or major subprogram, the first acquisition baseline
created for the program element or major subprogram that has no previous
iterations and has not been adjusted or revised, including any
adjustments or revisions pursuant to subsection (d).
``(B) The term `total system costs' means, with respect to each
element that comprises the missile defense system--
``(i) all combined costs from closed, canceled, and active
acquisition baselines;
``(ii) any costs shifted to or a part of future efforts
without an established acquisition baseline; and
``(iii) any costs under the responsibility of a military
department or other Department entity.''.
(c) Operations and Sustainment Cost Estimates.--Subsection (e) of such
section is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(3) the amount of operations and sustainment costs (dollar value
and base year) for which the military department or other element of the
Department of Defense is responsible; and
``(4)(A) a citation to the source (such as a joint cost estimate or
one or more military department estimates) that captures the operations
and sustainment costs for which a military department or other element
of the Department of Defense is responsible;
``(B) the date the source was prepared; and
``(C) if and when the source was independently verified by the
Office for Cost Assessment and Program Evaluation.''.
SEC. 1653. MAKING PERMANENT PROHIBITIONS RELATING TO MISSILE DEFENSE INFORMATION
AND SYSTEMS.
Section 130h of title 10, United States Code, is amended by striking
subsection (e).
SEC. 1654. NEXT GENERATION INTERCEPTORS FOR MISSILE DEFENSE OF UNITED STATES
HOMELAND.
(a) Modification to Congressional Notification of Cancellation.--Section
1668(c) of the National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``30 days prior to any'' and inserting ``90
days prior to implementation of a''; and
(B) by striking ``Director'' and inserting ``Secretary of
Defense''; and
(2) in paragraph (2), by striking ``Director'' and inserting
``Secretary''.
(b) Funding Profile for Increased Deployment.--Not later than 180 days after
the date of the enactment of this Act, the Director of the Missile Defense
Agency shall submit to the congressional defense committees a report on the
funding profile necessary, by fiscal year, to acquire no fewer than 64
operational next generation interceptors for the next generation interceptor
program.
SEC. 1655. TERMINATION OF REQUIREMENT TO TRANSITION BALLISTIC MISSILE DEFENSE
PROGRAMS TO THE MILITARY DEPARTMENTS.
Section 1676(b) of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115-91; 10 U.S.C. 4205 note) is amended--
(1) in paragraph (1), by striking ``Not'' and inserting ``Except as
provided by paragraph (4), not''; and
(2) by adding at the end the following new paragraph:
``(4) Termination of requirement.--The requirement in paragraph (1)
to transfer the authorities specified in such paragraph shall terminate
on the date that is 60 days after the date on which the Secretary of
Defense submits to the congressional defense committees the report under
section 1675(b) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 2117).''.
SEC. 1656. PERSISTENT CYBERSECURITY OPERATIONS FOR BALLISTIC MISSILE DEFENSE
SYSTEMS AND NETWORKS.
(a) Plan.--Not later than May 1, 2023, the Director of the Missile Defense
Agency and the Director of Operational Test and Evaluation, in coordination with
the Chairman of the Joint Chiefs of Staff, the Commander of the United States
Cyber Command, and other commanders of combatant commands and functions of the
Joint Staff as appropriate, shall jointly develop a plan to allow for persistent
cybersecurity operations across all networks and information systems supporting
the missile defense system.
(b) Elements.--The plan under subsection (a) shall include the following:
(1) An inventory of all networks and information systems that
support the missile defense system, including information about which
components or elements of the networks and information systems are
currently configured for persistent cybersecurity operations.
(2) A strategy--
(A) for coordinating with the applicable combatant commands
on persistent cybersecurity operations; and
(B) in which the Director for Operational Test and
Evaluation monitors and reviews such operations and provides
independent assessments of the adequacy and sufficiency of the
operations.
(3) A plan for how the Director of the Missile Defense Agency will
respond to cybersecurity testing recommendations made by the Director
for Operational Test and Evaluation.
(4) The timeline required to execute the plan.
(c) Briefings.--The Director of the Missile Defense Agency and the Director
for Operational Test and Evaluation shall jointly provide to the congressional
defense committees a briefing--
(1) not later than May 15, 2023, on the plan developed under
subsection (a); and
(2) not later than December 30, 2023, on progress made toward
implementing such plan.
SEC. 1657. FIRE CONTROL ARCHITECTURES.
(a) Fire Control Quality Data Requirement.--In carrying out the analysis of
candidate fire control architectures, the Secretary of the Air Force shall
ensure that the Director of the Space Warfighting Analysis Center of the Space
Force, at a minimum, maintains the requirements needed for the missile defense
command and control, battle management, and communications system to pass the
needed quality data within the timelines needed for current and planned
interceptor systems to support engagements of ballistic and hypersonic threats
as described in section 1645 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 4062).
(b) Briefing.--Not later than 14 days after the date on which the Director
of the Space Warfighting Analysis Center concludes the analysis of candidate
fire control architectures, the Director shall provide to the Committees on
Armed Services of the House of Representatives and the Senate a briefing on the
results of the analysis, including the findings of the Director and the
architecture recommended by the Director for a future fire control architecture
to support engagement of ballistic and hypersonic threats.
SEC. 1658. MIDDLE EAST INTEGRATED AIR AND MISSILE DEFENSE.
(a) In General.--The Secretary of Defense, in consultation with the
Secretary of State and the Director of the Defense Intelligence Agency, shall
seek to cooperate with allies and partners in the Middle East with respect to
implementing an integrated air and missile defense architecture to protect the
people, infrastructure, and territory of such countries from cruise and
ballistic missiles, manned and unmanned aerial systems, and rocket attacks from
Iran and groups linked to Iran.
(b) Strategy.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, in consultation with the Secretary
of State, shall submit to the appropriate congressional committees a
strategy on cooperation with allies and partners in the area of
responsibility of the United States Central Command to implement a
multinational integrated air and missile defense architecture to protect
the people, infrastructure, and territory of such countries from cruise
and ballistic missiles, manned and unmanned aerial systems, and rocket
attacks from Iran and groups linked to Iran.
(2) Contents.--The strategy submitted under paragraph (1) shall
include the following:
(A) An assessment of the threat of ballistic and cruise
missiles, manned and unmanned aerial systems, and rocket attacks
from Iran and groups linked to Iran to allies and partners
within the area of responsibility of the United States Central
Command.
(B) A description of current efforts to coordinate
indicators and warnings from such attacks with allies and
partners within such area of responsibility.
(C) An analysis of current integrated air and missile
defense systems to defend against attacks, in coordination with
allies and partners within such area of responsibility.
(D) An explanation of how a multinational integrated air and
missile defense architecture would improve collective security
in such area of responsibility.
(E) A description of efforts to engage specified foreign
partners in establishing such an architecture.
(F) An identification of elements of the multinational
integrated air and missile defense architecture that--
(i) can be acquired and operated by specified
foreign partners; and
(ii) can only be provided and operated by members of
the Armed Forces.
(G) An identification of any challenges in establishing a
multinational integrated air and missile defense architecture
with specified foreign partners, including assessments of the
capacity and capability of specified foreign partners and their
ability to independently operate key technical components of
such an architecture, including radars and interceptor systems.
(H) A description of relevant consultation with the
Secretary of State and the ways in which such an architecture
advances United States regional diplomatic goals and objectives.
(I) Recommendations for addressing the challenges identified
in subparagraph (G) so that the strategy can be implemented
effectively.
(J) Such other matters as the Secretary considers relevant.
(3) Protection of sensitive information.--Any activity carried out
under paragraph (1) shall be conducted in a manner that is consistent
with protection of intelligence sources and methods and appropriately
protects sensitive information and the national security interests of
the United States.
(4) Format.--The strategy submitted under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
(c) Appropriate Congressional Committees Defined.--In this section, the term
``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs and the Permanent Select
Committee on Intelligence of the House of Representatives.
(3) The Committee on Foreign Relations and the Select Committee on
Intelligence of the Senate.
SEC. 1659. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND ISRAELI COOPERATIVE
MISSILE DEFENSE PROGRAM CO-DEVELOPMENT AND CO-PRODUCTION.
(a) Iron Dome Short-range Rocket Defense System.--
(1) Availability of funds.--Of the funds authorized to be
appropriated by this Act for fiscal year 2023 for procurement, Defense-
wide, and available for the Missile Defense Agency, not more than
$80,000,000 may be provided to the Government of Israel to procure
components for the Iron Dome short-range rocket defense system through
co-production of such components in the United States by industry of the
United States.
(2) Conditions.--
(A) Agreement.--Funds described in paragraph (1) for the
Iron Dome short-range rocket defense program shall be available
subject to the terms and conditions in the Agreement Between the
Department of Defense of the United States of America and the
Ministry of Defense of the State of Israel Concerning Iron Dome
Defense System Procurement, signed on March 5, 2014, as amended
to include co-production for Tamir interceptors.
(B) Certification.--Not later than 30 days prior to the
initial obligation of funds described in paragraph (1), the
Under Secretary of Defense for Acquisition and Sustainment shall
submit to the appropriate congressional committees--
(i) a certification that the amended bilateral
international agreement specified in subparagraph (A) is
being implemented as provided in such agreement;
(ii) an assessment detailing any risks relating to
the implementation of such agreement; and
(iii) for system improvements resulting in modified
Iron Dome components and Tamir interceptor sub-
components, a certification that the Government of
Israel has demonstrated successful completion of
Production Readiness Reviews, including the validation
of production lines, the verification of component
conformance, and the verification of performance to
specification as defined in the Iron Dome Defense System
Procurement Agreement, as further amended.
(b) Israeli Cooperative Missile Defense Program, David's Sling Weapon System
Co-production.--
(1) In general.--Subject to paragraph (3), of the funds authorized
to be appropriated for fiscal year 2023 for procurement, Defense-wide,
and available for the Missile Defense Agency not more than $40,000,000
may be provided to the Government of Israel to procure the David's Sling
Weapon System, including for co-production of parts and components in
the United States by United States industry.
(2) Agreement.--Provision of funds specified in paragraph (1) shall
be subject to the terms and conditions in the bilateral co-production
agreement, including--
(A) a one-for-one cash match is made by Israel or in another
matching amount that otherwise meets best efforts (as mutually
agreed to by the United States and Israel); and
(B) co-production of parts, components, and all-up rounds
(if appropriate) in the United States by United States industry
for the David's Sling Weapon System is not less than 50 percent.
(3) Certification and assessment.--The Under Secretary of Defense
for Acquisition and Sustainment shall submit to the appropriate
congressional committees--
(A) a certification that the Government of Israel has
demonstrated the successful completion of the knowledge points,
technical milestones, and Production Readiness Reviews required
by the research, development, and technology agreement and the
bilateral co-production agreement for the David's Sling Weapon
System; and
(B) an assessment detailing any risks relating to the
implementation of such agreement.
(c) Israeli Cooperative Missile Defense Program, Arrow 3 Upper Tier
Interceptor Program Co-production.--
(1) In general.--Subject to paragraph (2), of the funds authorized
to be appropriated for fiscal year 2023 for procurement, Defense-wide,
and available for the Missile Defense Agency not more than $80,000,000
may be provided to the Government of Israel for the Arrow 3 Upper Tier
Interceptor Program, including for co-production of parts and components
in the United States by United States industry.
(2) Certification.--The Under Secretary of Defense for Acquisition
and Sustainment shall submit to the appropriate congressional committees
a certification that--
(A) the Government of Israel has demonstrated the successful
completion of the knowledge points, technical milestones, and
Production Readiness Reviews required by the research,
development, and technology agreement for the Arrow 3 Upper Tier
Interceptor Program;
(B) funds specified in paragraph (1) will be provided on the
basis of a one-for-one cash match made by Israel or in another
matching amount that otherwise meets best efforts (as mutually
agreed to by the United States and Israel);
(C) the United States has entered into a bilateral
international agreement with Israel that establishes, with
respect to the use of such funds--
(i) in accordance with subparagraph (D), the terms
of co-production of parts and components on the basis of
the greatest practicable co-production of parts,
components, and all-up rounds (if appropriate) by United
States industry and minimizes nonrecurring engineering
and facilitization expenses to the costs needed for co-
production;
(ii) complete transparency on the requirement of
Israel for the number of interceptors and batteries that
will be procured, including with respect to the
procurement plans, acquisition strategy, and funding
profiles of Israel;
(iii) technical milestones for co-production of
parts and components and procurement;
(iv) a joint affordability working group to consider
cost reduction initiatives; and
(v) joint approval processes for third-party sales;
and
(D) the level of co-production described in subparagraph
(C)(i) for the Arrow 3 Upper Tier Interceptor Program is not
less than 50 percent.
(d) Number.--In carrying out paragraph (2) of subsection (b) and paragraph
(2) of subsection (c), the Under Secretary may submit--
(1) one certification covering both the David's Sling Weapon System
and the Arrow 3 Upper Tier Interceptor Program; or
(2) separate certifications for each respective system.
(e) Timing.--The Under Secretary shall submit to the congressional defense
committees the certification and assessment under subsection (b)(3) and the
certification under subsection (c)(2) no later than 30 days before the funds
specified in paragraph (1) of subsections (b) and (c) for the respective system
covered by the certification are provided to the Government of Israel.
(f) Appropriate Congressional Committees Defined.--In this section, the term
``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
SEC. 1660. INTEGRATED AIR AND MISSILE DEFENSE ARCHITECTURE FOR DEFENSE OF GUAM.
(a) Review of Integrated Air and Missile Defense Architecture to Defend
Guam.--
(1) Requirement.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Defense shall seek to enter into a
contract with a federally funded research and development center to
conduct an independent assessment of the integrated air and missile
defense architecture to defend Guam.
(2) Elements.--The assessment under paragraph (1) shall include an
analysis of each of the following:
(A) The proposed architecture capability to address non-
ballistic and ballistic missile threats to Guam, including the
sensor, command and control, and interceptor systems being
proposed.
(B) The development and integration risk of the proposed
architecture.
(C) The manning required to operate the proposed
architecture, including the availability of housing and
infrastructure on Guam to support the needed manning levels.
(3) Submission.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees the assessment under paragraph (1), without change.
(b) Designation of Official Responsible for Missile Defense of Guam.--
(1) Designation.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall designate a senior
official of the Department of Defense who shall be responsible for the
missile defense of Guam during the period preceding the date specified
in paragraph (5).
(2) Duties.--The duties of the official designated under paragraph
(1) shall include the following:
(A) Designing the architecture of the missile defense system
for defending Guam.
(B) Overseeing development of an integrated missile defense
acquisition strategy for the missile defense of Guam.
(C) Ensuring the military department and Defense Agency
budgets are appropriate for the strategy described in
subparagraph (B).
(D) Siting the integrated missile defense system described
in subparagraph (B).
(E) Overseeing long-term acquisition and sustainment of the
missile defense system for Guam.
(F) Such other duties as the Secretary determines
appropriate.
(3) Program treatment.--The integrated missile defense system
referred to in paragraph (2) shall be designated as special interest
acquisition category 1D program and shall be managed as consistent with
Department of Defense Instruction 5000.85 ``Major Capability
Acquisition''.
(4) Report.--Concurrent with the submission of each budget of the
President under section 1105(a) of title 31, United States Code, during
the period preceding the date specified in paragraph (5), the official
designated under paragraph (1) shall submit to the congressional defense
committees a report on the actions taken by the official to carry out
the duties set forth under paragraph (2).
(5) Termination.--The authority of this subsection shall terminate
on the date that is three years after the date on which the official
designated under paragraph (1) determines that the integrated missile
defense system described in paragraph (2) has achieved initial
operational capability.
(c) Procurement.--
(1) Requirement.--Except as provided by paragraph (2), not later
than December 31, 2023, the Secretary of Defense, acting through the
Director of the Missile Defense Agency, shall rapidly procure and field
up to three vertical launching systems that can accommodate planned
interceptors operated by the Navy (that do not require major
modification or integration into the existing missile defense system),
as of the date of enactment of this Act.
(2) Waiver.--The Secretary may waive the requirement under paragraph
(1) if--
(A) the Secretary determines that the waiver is in the best
interest of the national security of the United States;
(B) the Secretary submits to the congressional defense
committees a notification of such waiver, including a
justification; and
(C) a period of 120 days has elapsed following the date of
such notification.
SEC. 1661. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL SUBMISSION OF
REPORT ON IMPLEMENTATION OF THE CRUISE MISSILE DEFENSE
ARCHITECTURE FOR THE HOMELAND.
(a) Finding.--Congress finds that the Deputy Secretary of Defense made the
determination that the Department of the Air Force has acquisition authority
with respect to the capability to defend the homeland from cruise missiles, as
required by section 1684(e) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 4205 note).
(b) Report.--Not later than 120 days after the date of the enactment of this
Act, the Secretary of the Air Force, in coordination with the Commander of the
United States Northern Command, shall submit to the congressional defense
committees a report on the implementation of the cruise missile defense
architecture for the homeland, including--
(1) the architecture planned to meet the requirements of the United
States Northern Command and the North American Aerospace Defense
Command, including a schedule for capabilities being developed and
deployed;
(2) a list of all programs of record of the Air Force that
contribute to such architecture; and
(3) funding profile by year across the most recent future-years
defense program submitted to Congress under section 221 of title 10,
United States Code, to develop, deploy, operate, and sustain such
architecture.
(c) Limitation.--Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for the Department of the Air
Force for travel by the Secretary of the Air Force, not more than 95 percent may
be obligated or expended until the date on which the Secretary of the Air Force
submits the report under subsection (b).
SEC. 1662. STRATEGY TO USE ASYMMETRIC CAPABILITIES TO DEFEAT HYPERSONIC MISSILE
THREATS.
(a) Requirement.--Not later than March 1, 2023, the Secretary of Defense,
acting through the Director of the Missile Defense Agency, shall submit to the
congressional defense committees a comprehensive layered strategy to use
asymmetric capabilities to defeat hypersonic missile threats.
(b) Elements.--The strategy under subsection (a) shall--
(1) address all asymmetric capabilities of the United States,
including with respect to--
(A) directed energy, as described in section 1664 of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81; 10 U.S.C. 205 note) and including short-pulse laser
technology;
(B) microwave systems;
(C) cyber capabilities; and
(D) any other capabilities determined appropriate by the
Secretary and Director; and
(2) identify the funding required to implement the strategy during
the period covered by the future-years defense program submitted to
Congress under section 221 of title 10, United States Code, in 2023.
SEC. 1663. PLAN ON DELIVERING SHARED EARLY WARNING SYSTEM DATA TO CERTAIN ALLIES
AND PARTNERS OF THE UNITED STATES.
(a) Plan.--The Secretary of Defense, with the concurrence of the Secretary
of State and the Director of National Intelligence, shall develop a technical
fielding plan to deliver information under the Shared Early Warning System
regarding a current or imminent missile threat to allies and partners of the
United States that, as of the date of the plan, do not receive such information.
(b) Report.--Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the appropriate congressional
committees a report on how rapid technical fielding of the Shared Early Warning
System could be provided to allies and partners of the United States that--
(1) are not member states of the North Atlantic Treaty Organization;
and
(2) are under current or imminent hostile aggression and threat of
missile attack.
(c) Appropriate Congressional Committees Defined.--In this section, the term
``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs and the Permanent Select
Committee on Intelligence of the House of Representatives.
(3) The Committee on Foreign Relations and the Select Committee on
Intelligence of the Senate.
SEC. 1664. REPORTS ON GROUND-BASED INTERCEPTORS.
Not later than 30 days after the date of the enactment of this Act, and on a
quarterly basis thereafter until the date on which the next generation
interceptor achieves initial operating capability, the Director of the Missile
Defense Agency, with the concurrence of the Commander of the United States
Northern Command, shall submit to the congressional defense committees a report
that includes the following:
(1) An identification of the number of ground-based interceptors
operationally available to the Commander.
(2) If such number is different from the report previously submitted
under this section, the reasons for such difference.
(3) Any anticipated changes to such number during the period covered
by the report.
SEC. 1665. REPORT ON MISSILE DEFENSE INTERCEPTOR SITE IN CONTIGUOUS UNITED
STATES.
Not later than March 31, 2023, the Secretary of Defense, acting through the
Director of the Missile Defense Agency and in coordination with the Commander of
the United States Northern Command, shall submit to the congressional defense
committees a report containing--
(1) an updated assessment of the requirement for a missile defense
interceptor site in the contiguous United States; and
(2) a funding profile, by year, of the total costs for the
development and construction of such site, considering the designation
of Fort Drum, New York, as the conditionally designated preferred site.
Subtitle E--Other Matters
SEC. 1671. COOPERATIVE THREAT REDUCTION FUNDS.
(a) Funding Allocation.--Of the $354,394,000 authorized to be appropriated
to the Department of Defense for fiscal year 2023 in section 301 and made
available by the funding table in division D for the Department of Defense
Cooperative Threat Reduction Program established under section 1321 of the
Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3711), the
following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination, $6,859,000.
(2) For chemical security and elimination, $14,998,000.
(3) For global nuclear security, $18,088,000.
(4) For biological threat reduction, $225,000,000.
(5) For proliferation prevention, $45,890,000.
(6) For activities designated as Other Assessments/Administration
Costs, $30,763,000.
(b) Specification of Cooperative Threat Reduction Funds.--Funds appropriated
pursuant to the authorization of appropriations in section 301 and made
available by the funding table in division D for the Department of Defense
Cooperative Threat Reduction Program shall be available for obligation for
fiscal years 2023, 2024, and 2025.
SEC. 1672. DEPARTMENT OF DEFENSE SUPPORT FOR REQUIREMENTS OF THE WHITE HOUSE
MILITARY OFFICE.
(a) Membership on Council on Oversight of the National Leadership Command,
Control, and Communications System.--Section 171a(b) of title 10, United States
Code, is amended by--
(1) redesignating paragraph (7) as paragraph (8); and
(2) inserting after paragraph (6) the following new paragraph (7):
``(7) The Director of the White House Military Office.''.
(b) Portfolio Manager.--The Secretary of Defense, acting through the Under
Secretary of Defense for Acquisition and Sustainment, shall designate a senior
official to coordinate and advocate for the portfolio of national level programs
of the Department of Defense that are either or both--
(1) in direct support of requirements from the White House Military
Office; or
(2) operationally relevant to the mission areas of the White House
Military Office.
(c) Accessibility of Information.--The programmatic and budgetary
information required to assess the efficacy of the national level programs
covered by subsection (b) shall be provided to the senior official designated
under such subsection by the following officials:
(1) The Secretary of each military department.
(2) The Under Secretary of Defense for Policy.
(3) The Under Secretary of Defense for Research and Engineering.
(4) The Chairman of the Joint Chiefs of Staff.
(5) The Director of Cost Assessment and Program Evaluation.
(d) Annual Briefing.--Not later than 30 days after the date on which the
President submits to Congress a budget for each of fiscal years 2024 through
2027 pursuant to section 1105(a) of title 31, United States Code, the Under
Secretary of Defense for Acquisition and Sustainment, acting through the senior
official designated under subsection (b), and the personnel of the White House
Military Office that the Director of the White House Military Office determines
appropriate shall jointly provide to the congressional defense committees a
briefing on acquisition programs, plans, and other activities supporting the
requirements of the White House Military Office.
SEC. 1673. UNIDENTIFIED ANOMALOUS PHENOMENA REPORTING PROCEDURES.
(a) Mechanism for Authorized Reporting.--
(1) Establishment.--The Secretary of Defense, acting through the
head of the Office and in consultation with the Director of National
Intelligence, shall establish a secure mechanism for authorized
reporting of--
(A) any event relating to unidentified anomalous phenomena;
and
(B) any activity or program by a department or agency of the
Federal Government or a contractor of such a department or
agency relating to unidentified anomalous phenomena, including
with respect to material retrieval, material analysis, reverse
engineering, research and development, detection and tracking,
developmental or operational testing, and security protections
and enforcement.
(2) Protection of systems, programs, and activity.--The Secretary
shall ensure that the mechanism for authorized reporting established
under paragraph (1) prevents the unauthorized public reporting or
compromise of classified military and intelligence systems, programs,
and related activity, including all categories and levels of special
access and compartmented access programs.
(3) Administration.--The Secretary shall ensure that the mechanism
for authorized reporting established under paragraph (1) is administered
by designated and appropriately cleared employees of the Department of
Defense or elements of the intelligence community or contractors of the
Department or such elements assigned to the Office.
(4) Sharing of information.--
(A) Prompt sharing within office.--The Secretary shall
ensure that the mechanism for authorized reporting established
under paragraph (1) provides for the sharing of an authorized
disclosure to personnel and supporting analysts and scientists
of the Office (regardless of the classification of information
contained in the disclosure or any nondisclosure agreements),
unless the employees or contractors administering the mechanism
under paragraph (3) conclude that the preponderance of
information available regarding the disclosure indicates that
the observed object and associated events and activities likely
relate to a special access program or compartmented access
program that, as of the date of the disclosure, has been
explicitly and clearly reported to the congressional defense
committees or the congressional intelligence committees, and is
documented as meeting those criteria.
(B) Congressional notification.--Not later than 72 hours
after determining that an authorized disclosure relates to a
restricted access activity, a special access program, or a
compartmented access program that has not been explicitly and
clearly reported to the congressional defense committees or the
congressional intelligence committees, the Secretary shall
report such disclosure to such committees and the congressional
leadership.
(5) Initial report and publication.--Not later than 180 days after
the date of the enactment of this Act, the Secretary, acting through the
head of the Office and in consultation with the Director of National
Intelligence, shall--
(A) submit to the congressional defense committees, the
congressional intelligence committees, and the congressional
leadership a report detailing the mechanism for authorized
reporting established under paragraph (1); and
(B) issue clear public guidance for how to securely access
the mechanism for authorized reporting.
(b) Protection for Individuals Making Authorized Disclosures.--
(1) Authorized disclosures.--An authorized disclosure--
(A) shall not be subject to a nondisclosure agreement
entered into by the individual who makes the disclosure;
(B) shall be deemed to comply with any regulation or order
issued under the authority of Executive Order 13526 (50 U.S.C.
3161 note; relating to classified national security information)
or chapter 18 of the Atomic Energy Act of 1954 (42 U.S.C. 2271
et seq.); and
(C) is not a violation of section 798 of title 18, United
States Code, or other provision of law relating to the
disclosure of information.
(2) Prohibition on reprisals.--
(A) Protection.--An employee of a department or agency of
the Federal Government, or of a contractor, subcontractor,
grantee, subgrantee, or personal services contractor of such a
department or agency, who has authority to take, direct others
to take, recommend, or approve any personnel action, shall not,
with respect to such authority, take or fail to take, or
threaten to take or fail to take, a personnel action, including
the revocation or suspension of security clearances, or
termination of employment, with respect to any individual as a
reprisal for any authorized disclosure.
(B) Procedures.--The Secretary of Defense and the Director
of National Intelligence shall establish procedures for the
enforcement of subparagraph (A) consistent with, as appropriate,
section 1034 of title 10, United States Code, section 1104 of
the National Security Act of 1947 (50 U.S.C. 3234), or other
similar provisions of law regarding prohibited personnel
actions.
(3) Nondisclosure agreements.--
(A) Identification.--The Secretary of Defense, the Director
of National Intelligence, the Secretary of Homeland Security,
the heads of such other departments and agencies of the Federal
Government that have supported investigations of the types of
events covered by subparagraph (A) of subsection (a)(1) and
activities and programs described in subparagraph (B) of such
subsection, and contractors of the Federal Government that have
supported or are supporting such activities and programs, shall
conduct comprehensive searches of all records relating to
nondisclosure orders relating to the types of events described
in subsection (a) and provide copies of such orders, agreements,
or obligations to the Office.
(B) Submission to congress.--The head of the Office shall--
(i) make the records compiled under subparagraph (A)
accessible to the congressional defense committees, the
congressional intelligence committees, and the
congressional leadership; and
(ii) not later than September 30, 2023, and at least
once each fiscal year thereafter through fiscal year
2026, provide to such committees and congressional
leadership briefings and reports on such records.
(c) Annual Reports.--Section 1683 of the National Defense Authorization Act
for Fiscal Year 2022 (50 U.S.C. 3373) is amended--
(1) by striking ``aerial'' each place it appears and inserting
``anomalous'';
(2) in subsection (h)--
(A) in paragraph (1), by inserting ``and the congressional
leadership'' after ``appropriate congressional committees''; and
(B) in paragraph (2), by adding at the end the following new
subparagraph:
``(Q) A summary of the reports received using the mechanism
for authorized reporting established under section 1673 of the
James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023.''; and
(3) in subsection (l)--
(A) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively; and
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The term `congressional leadership' means--
``(A) the majority leader of the Senate;
``(B) the minority leader of the Senate;
``(C) the Speaker of the House of Representatives; and
``(D) the minority leader of the House of
Representatives.''.
(d) Definitions.--In this section:
(1) The term ``authorized disclosure'' means a report of any
information through, and in compliance with, the mechanism for
authorized reporting established pursuant to subsection (a)(1).
(2) The term ``congressional intelligence committees'' has the
meaning given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(3) The term ``congressional leadership'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives; and
(D) the minority leader of the House of Representatives.
(4) The term ``intelligence community'' has the meaning given such
term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(5) The term ``nondisclosure agreement'' means any written or oral
nondisclosure agreement, order, or other instrumentality or means
entered into by an individual that could be interpreted as a legal
constraint on the individual making an authorized disclosure.
(6) The term ``Office'' means the All-domain Anomaly Resolution
Office established pursuant to section 1683(a) of the National Defense
Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373(a)).
(7) The term ``personnel action'' has the meaning given such term in
section 1104(a) of the National Security Act of 1947 (50 U.S.C.
3234(a)).
(8) The term ``unidentified anomalous phenomena'' has the meaning
given such term in section 1683(n) of the National Defense Authorization
Act for Fiscal Year 2022 (50 U.S.C. 3373(l)).
SEC. 1674. STUDY OF WEAPONS PROGRAMS THAT ALLOW ARMED FORCES TO ADDRESS HARD AND
DEEPLY BURIED TARGETS.
(a) Study.--Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense, in coordination with the Chairman of the Joint
Chiefs of Staff, the Commander of the United States Strategic Command, and the
Administrator for Nuclear Security, and in consultation with the Director of
National Intelligence, shall submit to the congressional defense committees a
study on options to hold at risk hard and deeply buried targets.
(b) Elements.--The study under subsection (a) shall include the following:
(1) An analysis of the current and emerging hard and deeply buried
target mission set and associated military requirements, including--
(A) the number and locations of the targets, including
facilities designed for the storage or manufacture of nuclear,
chemical, or biological weapons and the precursors of such
weapons;
(B) an identification of likely future trajectories in the
worldwide use and proliferation of hard and deeply buried
targets;
(C) the associated military requirements, including the
importance of effectively holding hard and deeply buried targets
at risk in order to meet the national security objectives of the
United States; and
(D) an evaluation of the sufficiency of current and planned
nuclear and nonnuclear military capabilities to satisfy such
requirements.
(2) An evaluation of weapons programs that would allow the Armed
Forces to effectively hold hard and deeply buried targets at risk,
including--
(A) any nuclear or nonnuclear weapon and delivery system the
Secretary determines appropriate, including the cost, timeline
for fielding, and likely effectiveness of any capability under
consideration; and
(B) an assessment of a service life extension or
modification program of the B83 nuclear gravity bomb as one of
the options.
(3) A proposed strategy for fielding such capabilities in sufficient
quantities and making other adjustments to the strategy and plans of the
United States to account for the growing hard and deeply buried target
set, including--
(A) the resources, research and development efforts, and
capability options needed; and
(B) a five-year funding profile for, at a minimum--
(i) a preferred capability; and
(ii) an alternative capability evaluated under
paragraph (2) that meets the requirements under
paragraph (1).
(c) Form.--The study under subsection (a) shall be submitted in unclassified
form, but may include a classified annex.
(d) Briefing.--Not later than 30 days after the date on which the Secretary
completes the study under subsection (a), the Secretary shall provide the
Committees on Armed Services of the House of Representatives and the Senate a
briefing on the findings and recommendations of the study.
(e) Limitation on Use of Funds.--Except as provided by subsection (f), none
of the funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2023 for the Department of Defense or the Department
of Energy for the deactivation, dismantlement, or retirement of the B83-1
nuclear gravity bomb may be obligated or expended to deactivate, dismantle, or
retire more than 25 percent of the B83-1 nuclear gravity bombs that were in the
active stockpile as of September 30, 2022, until 90 days after the Secretary
submits to the Committees on Armed Services of the Senate and the House of
Representatives the study under subsection (a).
(f) Exception.--The limitation on the use of funds under subsection (e)
shall not apply to the deactivation, dismantling, or retirement of B83-1 nuclear
gravity bombs for the purpose of supporting safety and surveillance,
sustainment, life extension, or modification programs for the B83-1 or other
weapons currently in, or planned to become part of, the nuclear weapons
stockpile of the United States.
TITLE XVII--MUNITIONS REPLENISHMENT AND FUTURE PROCUREMENT
TITLE XVII--MUNITIONS REPLENISHMENT AND FUTURE PROCUREMENT
Sec. 1701. Annual report on industrial base constraints for munitions.
Sec. 1702. Modification to Special Defense Acquisition Fund.
Sec. 1703. Quarterly briefings on replenishment and revitalization of
weapons provided to Ukraine.
Sec. 1704. Assessment of requirements and acquisition objectives for
Patriot air and missile defense battalions.
Sec. 1705. Independent assessment of department of defense capability
and capacity needs for munitions production
and stockpiling.
SEC. 1701. ANNUAL REPORT ON INDUSTRIAL BASE CONSTRAINTS FOR MUNITIONS.
(a) Briefing on Fulfillment of Munitions Requirements.--Not later than 30
days after the date of the enactment of this Act, the Secretary of Defense and
the Chairman of the Joint Chiefs of Staff shall provide to the congressional
defense committees a briefing regarding the current process for fulfilling the
requirements of section 222c of title 10, United States Code, including a
description of the timeliness of the process and any standardization of such
process across the Department of Defense.
(b) Briefing on Revision of Requirements.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense and the Chairman of
the Joint Chiefs of Staff shall provide to the congressional defense committees
a briefing regarding the timeline for revision of munitions requirements
generated by section 222c of title 10, United States Code as a result of actions
taken in response to the conflict in Ukraine.
(c) Additional Report Requirements on Out-Year Unconstrained Total Munitions
Requirements and Out-Year Inventory Numbers.--Section 222c of title 10, United
States Code, is amended--
(1) in subsection (c), by adding at the end the following new
paragraph:
``(8) Requirement for Protracted Warfare Scenarios, calculated by
doubling the duration of each applicable operation plan.'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new subsection:
``(e) Additional Requirements.--Each report required under subsection (a)
shall include the following:
``(1) The number of years required to meet the Out-Year
Unconstrained Total Munitions Requirement at the rate requested for the
fiscal year covered by the report.
``(2) The average rate of procurement during the three-year period
preceding the date of the submission of the report, and the number of
years required to meet the Out-Year Unconstrained Total Munitions
Requirement at such three-year average rate.
``(3) The additional amount of funding that would be required, for
each fiscal year, to meet the Out-Year Unconstrained Total Munitions
Requirement for each munition by the end of the period covered by the
most recent future-years defense program submitted to Congress pursuant
to section 221 of this title.''.
(d) Annual Report on Industrial Base Constraints for Munitions.--
(1) In general.--Chapter 9 of title 10, United States Code, is
amended by inserting after section 222c the following new section:
``Sec. 222d. Annual report on industrial base constraints for munitions
``(a) In General.--Not later than 30 days after the submission of all
reports required under section 222c(a) of this title, the Under Secretary of
Defense for Acquisition and Sustainment, in coordination with the service
acquisition executive of each military department, shall submit to the
congressional defense committees a report detailing the industrial base
constraints for each munition identified in the Out-Year Unconstrained Total
Munitions Requirement.
``(b) Elements.--The report required under subsection (a) shall include the
following elements, broken down by munition:
``(1) Programmed purchase quantities per year.
``(2) Average procurement unit cost per year.
``(3) Contract type.
``(4) Current minimum sustaining rate of production per month and
year.
``(5) Current maximum rate of production per month and year.
``(6) Expected date to meet the Out-Year Unconstrained Total
Munitions Requirement in section 222c of this title under the programmed
purchase quantities established for the period covered by the report.
``(7) A description of industrial base constraints on increased
production of each munition, including any supply chain weaknesses.
``(8) A description of investments or policy changes made by a
defense contractor or by the United States Government to increase
production, enable more efficient production, or mitigate significant
loss of stability in potential production.
``(9) A description of potential investments or policy changes
identified by a defense contractor or the United States Government to
increase munitions production, enable more efficient production, or
mitigate significant loss of stability in potential production,
including--
``(A) direct investments in test and tooling equipment,
workforce development, or improvements to existing production
facilities;
``(B) a pool of rotable critical components or subcomponents
for munitions;
``(C) multiyear contracts or other contracting strategies;
``(D) direct investments in components, subcomponents, or
raw materials commonly used across the industrial base;
``(E) direct investments in additive manufacturing or
expeditionary manufacturing capabilities;
``(F) direct investments in simplification of supply chains;
and
``(G) direct investments in technologies or methods to
enable increased scalability and reduced complexity of
production processes for current or future munitions.
``(10) A list of each contract for a munition with a priority rating
of `critical to national defense' (commonly referred to as a `DO-rated
order') or a priority rating of `highest national defense urgency'
(commonly referred to as a `DX-rated order') in the Defense Priorities
and Allocation System pursuant to part 700 of title 15, Code of Federal
Regulations (or any successor regulation).
``(11) A prioritized list of munitions judged to have high value for
export for which additional investments would be necessary to enable
export, including a description of such investments required.
``(12) A list of munitions subject to the requirements of chapter 2
of the Arms Export Control Act (22 U.S.C. 2761 et seq.) relating to
foreign military sales that are anticipated to be exported based on
developments in the conflict in Ukraine.
``(c) Munition Defined.--In this section, the term `munition' has the
meaning given by the Under Secretary of Defense for Acquisition.''.
(2) Clerical amendment.--The table of sections at the beginning of
chapter 9 of title 10, United States Code, is amended by inserting after
the item relating to section 222c the following new item:
``222d. Annual report on industrial base constraints for munitions.''.
SEC. 1702. MODIFICATION TO SPECIAL DEFENSE ACQUISITION FUND.
Section 114(c)(1) of title 10, United States Code, is amended by striking
``$2,500,000,000'' and inserting ``$3,500,000,000''.
SEC. 1703. QUARTERLY BRIEFINGS ON REPLENISHMENT AND REVITALIZATION OF WEAPONS
PROVIDED TO UKRAINE.
(a) Briefings on Covered Systems.--The Secretary of Defense shall provide to
the congressional defense committees quarterly briefings on the progress of the
Department of Defense toward--
(1) replenishing the inventory of covered systems;
(2) expanding the production capacity of covered systems; and
(3) increasing the resilience of the production capacity of covered
systems.
(b) Grouping of Covered Systems.--For each briefing required under
subsection (a), the Secretary of Defense may group covered systems together
based on the relevant capabilities of such covered systems.
(c) Elements.--Each briefing required under subsection (a) shall include,
with respect to the period covered by such briefing, the following:
(1) A description of any reprogramming carried out in accordance
with established procedures for each covered system, with appropriate
notation for--
(A) the number of the replenishment tranche; and
(B) a determination of whether each such reprogramming--
(i) replaces covered systems;
(ii) expands production capacity of covered systems;
or
(iii) increases the resilience of the production
capacity of covered systems.
(2) A description of obligations applied to each covered system and
expected timeline for future obligations.
(3) A description of current and future production capacity for each
covered system, broken down by month and calendar year.
(4) A description of expected delivery of covered systems to the
Department of Defense.
(5) To the extent practicable, with respect to the total number of
covered systems provided during the period covered by the briefing, an
estimate for the timing of the delivery of at least 50 percent of the
replenishment articles for a covered system and the delivery of 100
percent of such replenishment articles, compared to the number of
covered systems provided.
(6) A description of overall actual and expected obligation rates
for all reprogrammings applied to covered systems.
(7) A description of any other investments made that significantly
affect the replenishment timeline or production capacity of the covered
systems.
(8) A description of remaining industrial base risks or
opportunities for increased competition for each covered system and
detailed options to mitigate such risks or expand competition, including
any changes necessary to authorities to enable risk reduction or
expanded competition.
(9) To the extent practicable, a comparison of the expected
inventory of covered systems over the next 5 years compared to the
requirements set forth under section 222c of title 10, United States
Code.
(d) Briefings on Stocks of Allies and Partners.--The Secretary of Defense
shall provide to the congressional defense committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on Foreign Relations
of the Senate quarterly briefings that include the following:
(1) A timeline and budgetary estimate for developing and procuring
replacement stocks of covered systems for allies and partner countries
of the United States.
(2) An update on the efforts of the Department to work with such
allies and partner countries to advance the replenishment of munitions
stocks for such allies and partners that have provided, or are
contemplating providing, such stocks to Ukraine.
(e) Termination.--This section and the requirements of this section shall
terminate on December 31, 2026.
(f) Covered System Defined.--In this section, the term ``covered system''
means any system provided to the Government of Ukraine pursuant to any of the
following:
(1) Section 506 of the Foreign Assistance Act of 1961 (22 U.S.C.
2318).
(2) Section 614 of the Foreign Assistance Act of 1961 (22 U.S.C.
2364).
(3) The Ukraine Security Assistance Initiative established under
section 1250 of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 129 Stat. 1068), including as amended by this
Act, if such system was provided to Ukraine after February 24, 2022.
SEC. 1704. ASSESSMENT OF REQUIREMENTS AND ACQUISITION OBJECTIVES FOR PATRIOT AIR
AND MISSILE DEFENSE BATTALIONS.
(a) Assessment.--Not later than 120 days after the date of the enactment of
this Act, the Secretary of the Army shall assess and validate the current and
projected battalion and interceptor requirements and acquisition objectives for
the Patriot air and missile defense system and Patriot advanced capability-3
missile segment enhancement missiles to determine whether such requirements and
objectives are sufficient to meet the requests for forces, war plans, and
contingency requirements of the commanders of the geographic combatant commands.
(b) Report.--Not later than 30 days after the date on which the Secretary
completes the assessment under subsection (a), the Secretary shall submit to the
congressional defense committees a report on the assessment, including whether
the requirements and acquisition objectives described in such subsection--
(1) are sufficient to meet the requests for forces, war plans, and
contingency requirements of the commanders of the geographic combatant
commands; and
(2) are valid or should be modified.
(c) Authority.--Subject to the availability of appropriations for such
purpose, the Secretary of the Army may procure up to four additional Patriot air
and missile defense battalions to achieve a total of up to 20 such battalions.
SEC. 1705. INDEPENDENT ASSESSMENT OF DEPARTMENT OF DEFENSE CAPABILITY AND
CAPACITY NEEDS FOR MUNITIONS PRODUCTION AND STOCKPILING.
(a) In General.--Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall seek to enter into an agreement with an
appropriate federally funded research and development center for the conduct of
a detailed independent analysis of the extent to which the process used by the
chief of staff of an armed force to implement the Out-Year Unconstrained Total
Munitions Requirement required under section 222c of title 10, United States
Code, properly accounts for current and future requirements for the weapons
described in subsection (c). Such an agreement shall provide that an analysis
conducted pursuant to the agreement shall be completed within 180 days after the
date on which such agreement was entered into.
(b) Matters for Consideration.--An analysis conducted pursuant to an
agreement under subsection (a) shall include a consideration of each of the
following with respect to each weapon described in subsection (c):
(1) The sufficiency of efforts to implement section 222c of title
10, United States Code, including--
(A) whether the views of the commanders of each combatant
command are adequately represented;
(B) whether contributions by allies and partner countries
are adequately represented;
(C) whether excursions beyond the operational plans,
including the potential of protracted warfare, are adequately
represented;
(D) the potential of simultaneous conflicts; and
(E) the degree to which the elements of section 222c(c) of
title 10, United States Code, are appropriate functional
categories.
(2) Any recommendations that could be beneficial to the overall
implementation of such section 222c.
(c) Weapons Described.--The weapons described in this subsection are the
following:
(1) Evolved sea sparrow missile.
(2) MK-48 heavyweight torpedo.
(3) Standard missile variants (including standard missile-6,
standard missile-3 block IIA, and standard missile-3 block IIA).
(4) Patriot guided missiles.
(5) Terminal high altitude area defense interceptors.
(6) Guided and ballistic missiles fired from the multiple-launch
rocket system (MLRS) or the high mobility artillery rocket system
(HIMARS).
(7) Javelin missile.
(8) Stinger missile.
(9) Air intercept missile (AIM)-9X-Sidewinder.
(10) AIM-120D--Advanced medium range air-to-air missile (AMRAAM).
(11) Air to ground (AGM)-114--hellfire missile.
(12) Joint direct attack munition.
(13) Tomahawk land attack missile.
(14) Maritime strike tomahawk.
(15) Long range anti-ship missile.
(16) Naval strike missile.
(17) Joint air-to-surface standoff missile extended range.
(18) Harpoon anti-ship missile.
(19) Naval mines.
(20) Any other weapon that the Secretary of Defense or the federally
funded research and development center determine should be included in
the analysis.
(d) Report.--
(1) In general.--Not later than 210 days after entering into an
agreement under subsection (a), the Secretary of Defense shall submit to
the congressional defense committees--
(A) a complete independent assessment of the analysis
completed pursuant to the agreement; and
(B) any views from the Department of Defense the Secretary
chooses to include.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division and title XLVI of division D may be cited as the ``Military
Construction Authorization Act for Fiscal Year 2023''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECIFIED BY
LAW.
(a) Expiration of Authorizations After Three Years.--Except as provided in
subsection (b), all authorizations contained in titles XXI through XXVII for
military construction projects, land acquisition, family housing projects and
facilities, and contributions to the North Atlantic Treaty Organization Security
Investment Program (and authorizations of appropriations therefor) shall expire
on the later of--
(1) October 1, 2025; or
(2) the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2026.
(b) Exception.--Subsection (a) shall not apply to authorizations for
military construction projects, land acquisition, family housing projects and
facilities, and contributions to the North Atlantic Treaty Organization Security
Investment Program (and authorizations of appropriations therefor), for which
appropriated funds have been obligated before the later of--
(1) October 1, 2025; or
(2) the date of the enactment of an Act authorizing funds for fiscal
year 2026 for military construction projects, land acquisition, family
housing projects and facilities, or contributions to the North Atlantic
Treaty Organization Security Investment Program.
SEC. 2803. EFFECTIVE DATE AND AUTOMATIC EXECUTION OF CONFORMING CHANGES TO
TABLES OF SECTIONS, TABLES OF CONTENTS, AND SIMILAR TABULAR
ENTRIES.
(a) Effective Date.--Titles XXI through XXVII shall take effect on the later
of--
(1) October 1, 2022; or
(2) the date of the enactment of this Act.
(b) Elimination of Need for Certain Separate Conforming Amendments.--
(1) Automatic execution of conforming changes.--When an amendment
made by a provision of this division to a covered defense law adds a
section or larger organizational unit to the covered defense law,
repeals or transfers a section or larger organizational unit in the
covered defense law, or amends the designation or heading of a section
or larger organizational unit in the covered defense law, that amendment
also shall have the effect of amending any table of sections, table of
contents, or similar table of tabular entries in the covered defense law
to alter the table to conform to the changes made by the amendment.
(2) Exceptions.--Paragraph (1) shall not apply to an amendment
described in such paragraph when--
(A) the amendment, or a separate clerical amendment enacted
at the same time as the amendment, expressly amends a table of
sections, table of contents, or similar table of tabular entries
in the covered defense law to alter the table to conform to the
changes made by the amendment; or
(B) the amendment otherwise expressly exempts itself from
the operation of this section.
(3) Covered defense law defined.--In this subsection, the term
``covered defense law'' means--
(A) titles 10, 32, and 37 of the United States Code;
(B) any national defense authorization Act or military
construction authorization Act that authorizes funds to be
appropriated for a fiscal year to the Department of Defense; and
(C) any other law designated in the text thereof as a
covered defense law for purposes of application of this section.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Demolition of District of Columbia Fort McNair Quarters 4,
13, and 15.
Sec. 2105. Modification of authority to carry out fiscal year 2019
project at Camp Tango, Korea.
Sec. 2106. Extension and modification of authority to carry out certain
fiscal year 2018 projects.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2103(a) and available for military
construction projects inside the United States as specified in the funding table
in section 4601, the Secretary of the Army may acquire real property and carry
out military construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Redstone Arsenal.............................. $102,000,000
Alaska......................................... Fort Wainwright............................... $99,000,000
Colorado....................................... Fort Carson................................... $14,200,000
Hawaii......................................... Fort Shafter.................................. $33,000,000
Schofield Barracks............................ $159,000,000
Tripler Army Medical Center................... $38,000,000
Louisiana...................................... Fort Polk..................................... $32,000,000
Maryland....................................... Aberdeen Proving Ground....................... $85,000,000
Mississippi.................................... Engineer Research and Development Center...... $20,000,000
New Jersey..................................... Picatinny Arsenal............................. $15,654,000
New York....................................... Fort Drum..................................... $3,600,000
North Carolina................................. Fort Bragg.................................... $34,000,000
Pennsylvania................................... Letterkenny Army Depot........................ $38,000,000
Texas.......................................... Corpus Christi Army Depot..................... $103,000,000
Fort Bliss.................................... $15,000,000
Fort Hood..................................... $19,000,000
Washington..................................... Joint Base Lewis-McChord...................... $49,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2103(a) and available for military
construction projects outside the United States as specified in the funding
table in section 4601, the Secretary of the Army may acquire real property and
carry out military construction projects for the installations outside the
United States, and in the amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Germany........................................ East Camp Grafenwoehr......................... $168,000,000
Japan.......................................... Kadena Air Force Base......................... $80,000,000
Kwajalein..................................... Kwajalein Atoll.............................. $69,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2103(a) and available for
military family housing functions as specified in the funding table in section
4601, the Secretary of the Army may construct or acquire family housing units
(including land acquisition and supporting facilities) at the installation, in
the number of units or for the purpose, and in the amount set forth in the
following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Germany................................ Baumholder................. Family Housing New $81,000,000
Construction............
Italy.................................. Vincenza................... Family Housing New $95,000,000
Construction............
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2103(a) and available for military
family housing functions as specified in the funding table in section 4601, the
Secretary of the Army may carry out architectural and engineering services and
construction design activities with respect to the construction or improvement
of family housing units in an amount not to exceed $17,339,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30, 2022, for military
construction, land acquisition, and military family housing functions of the
Department of the Army as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--Notwithstanding the
cost variations authorized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed the total amount
authorized to be appropriated under subsection (a), as specified in the funding
table in section 4601.
SEC. 2104. DEMOLITION OF DISTRICT OF COLUMBIA FORT MCNAIR QUARTERS 4, 13, AND
15.
Not later than one year after the date on which all the individuals
occupying District of Columbia Fort McNair Quarters 4, 13, and 15, as of the
date of the enactment of this Act, have moved out of such Quarters, the
Secretary of the Army shall demolish such Quarters.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2019 PROJECT AT
CAMP TANGO, KOREA.
In the case of the authorization contained in the table in section 2101(b)
of the John S. McCain National Defense Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2242) for Camp Tango, Korea, for
construction of a command and control facility at the installation, the
Secretary of the Army may increase scope for a dedicated, enclosed egress
pathway out of the underground facility to facilitate safe escape in case of
fire.
SEC. 2106. EXTENSION AND MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2018 PROJECTS.
(a) Extension of Authority to Carry Out Certain Fiscal Year 2018 Projects.--
(1) Extension.--(A) Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B of
Public Law 115-91; 131 Stat. 1817), the authorization set forth in the
table in subparagraph (B), as provided in section 2101(b) of that Act
(131 Stat. 1819), shall remain in effect until October 1, 2023, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2024, whichever is later.
(B) The table referred to in subparagraph (A) is as follows:
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..................
----------------------------------------------------------------------------------------------------------------
(2) Army family housing.--(A) Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2018 (division B
of Public Law 115-91; 131 Stat. 1817), the authorization set forth in
the table in subparagraph (B), as provided in section 2102 of that Act
(131 Stat. 1820), shall remain in effect until October 1, 2023, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2024, whichever is later.
(B) The table referred to in subparagraph (A) is as follows:
Army: Extension of 2018 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Kwajalein............................. Kwajalein Atoll........... Family Housing $31,000,000
Replacement Construction
----------------------------------------------------------------------------------------------------------------
(b) Modification of Authority to Carry Out Certain Fiscal Year 2018
Projects.--
(1) Kunsan air base, korea.--In the case of the authorization
contained in the table in section 2101(b) of the Military Construction
Authorization Act for Fiscal Year 2018 (division B of Public Law 115-91;
131 Stat. 1819) for Kunsan Air Base, Korea, for construction of an
Unmanned Aerial Vehicle Hangar at the installation, the Secretary of the
Army may--
(A) construct the hangar at Camp Humphries, Korea; and
(B) remove primary scope associated with the relocation of
the air defense artillery battalion facilities to include a
ground based missile defense equipment area, fighting positions,
a missile resupply area air defense artillery facility, a ready
building and command post, a battery command post area, a safety
shelter, and a guard booth.
(2) Kwajalein atoll, hwajalein.--Section 2879(a)(1)(A) of the
Military Construction Authorization Act for Fiscal Year 2018 (division B
of Public Law 115-91; 131 Stat. 1874) is amended by striking ``at least
26 family housing units'' and inserting ``not more than 26 family
housing units''.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2204. Extension of authority to carry out certain fiscal year 2018
project.
Sec. 2205. Transfer of customers from Navy electrical utility system at
former Naval Air Station Barber's Point,
Hawaii, to new electrical system in
Kalaeloa, Hawaii.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2203(a) and available for military
construction projects inside the United States as specified in the funding table
in section 4601, the Secretary of the Navy may acquire real property and carry
out military construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State or Territory Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................. Marine Corps Air Ground Combat Center Twentynine $137,235,000
Palms...........................................
Marine Corps Base Camp Pendleton................. $145,079,000
Marine Corps Recruit Depot San Diego............. $94,848,000
Naval Air Station Lemoore........................ $247,633,000
Naval Base Point Loma Annex...................... $64,353,000
Naval Base San Diego............................. $151,278,000
Naval Surface Warfare Center Corona Division..... $17,100,000
Connecticut................................. Naval Submarine Base New London.................. $17,686,000
Florida..................................... Naval Air Station Jacksonville................... $100,570,000
Naval Air Station Whiting Field.................. $228,001,000
Georgia..................................... Naval Submarine Base Kings Bay................... $309,102,000
Guam........................................ Marine Corps Base Camp Blaz...................... $419,745,000
Hawaii...................................... Joint Base Pearl Harbor-Hickam................... $3,780,475,000
Marine Corps Base Kaneohe Bay.................... $100,206,000
Maryland.................................... Naval Surface Warfare Center Carderock Division.. $2,363,000
Naval Surface Warfare Center Indian Head Division $10,155,000
Nevada...................................... Naval Air Station Fallon......................... $159,866,000
North Carolina.............................. Marine Corps Air Station Cherry Point............ $44,830,000
Marine Corps Air Station New River............... $240,084,000
Marine Corps Base Camp Lejeune................... $54,122,000
Pennsylvania................................ Naval Surface Warfare Center Philadelphia $92,547,000
Division........................................
South Carolina.............................. Marine Corps Recruit Depot Parris Island......... $166,930,000
Virginia.................................... Naval Station Norfolk............................ $19,224,000
Naval Surface Warfare Center Dahlgren Division... $2,853,000
Washington.................................. Naval Air Station Whidbey Island................. $120,340,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2203(a) and available for military
construction projects outside the United States as specified in the funding
table in section 4601, the Secretary of the Navy may acquire real property and
carry out military construction projects for the installations or locations
outside the United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Australia................................... Royal Australian Air Force Base Darwin........... $258,831,000
Djibouti.................................... Camp Lemonnier................................... $122,107,000
Japan....................................... Kadena Air Base.................................. $222,756,000
Spain....................................... Naval Station Rota............................... $92,323,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2203(a) and available for
military family housing functions as specified in the funding table in section
4601, the Secretary of the Navy may construct or acquire family housing units
(including land acquisition and supporting facilities) at the installations or
locations, in the number of units or for the purposes, and in the amounts set
forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation Units or Purpose Amount
----------------------------------------------------------------------------------------------------------------
Guam................................... Naval Support Activity Family housing new $289,776,000
Anderson.................. construction............
......................... ...............
----------------------------------------------------------------------------------------------------------------
(b) Improvements to Military Family Housing Units.--Subject to section 2825
of title 10, United States Code, and using amounts appropriated pursuant to the
authorization of appropriations in section 2203(a) and available for military
family housing functions as specified in the funding table in section 4601, the
Secretary of the Navy may improve existing military family housing units in an
amount not to exceed $74,540,000.
(c) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2203(a) and available for military
family housing functions as specified in the funding table in section 4601, the
Secretary of the Navy may carry out architectural and engineering services and
construction design activities with respect to the construction or improvement
of family housing units in an amount not to exceed $14,123,000.
SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30, 2022, for military
construction, land acquisition, and military family housing functions of the
Department of the Navy, as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--Notwithstanding the
cost variations authorized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed the total amount
authorized to be appropriated under subsection (a), as specified in the funding
table in section 4601.
SEC. 2204. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2018 PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military Construction
Authorization Act for Fiscal Year 2018 (division B of Public Law 115-91; 131
Stat. 1817), the authorization set forth in the table in subsection (a), as
provided in section 2201(a) of that Act (131 Stat. 1822), shall remain in effect
until October 1, 2023, or the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2024, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Navy: Extension of 2018 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Guam.................................. Joint Region Marianas..... Navy-Commercial Tie-in $37,180,000
Hardening...............
----------------------------------------------------------------------------------------------------------------
SEC. 2205. TRANSFER OF CUSTOMERS FROM NAVY ELECTRICAL UTILITY SYSTEM AT FORMER
NAVAL AIR STATION BARBER'S POINT, HAWAII, TO NEW ELECTRICAL SYSTEM
IN KALAELOA, HAWAII.
(a) In General.--Subject to the availability of appropriations for such
purpose, the Secretary of the Navy shall pay the reasonable costs to transfer
all customers off of the electrical utility system of the Navy located at former
Naval Air Station Barber's Point, Hawaii, to the new electrical system in
Kalaeloa, Hawaii, operated by Hawaiian Electric.
(b) Cooperative Agreement or Other Instrument.--The Secretary of the Navy
may enter into a cooperative agreement or other appropriate instrument with a
third party--
(1) to make amounts available to pay the reasonable costs of
transfers described in subsection (a); and
(2) to reimburse the third party for the reasonable costs that it
may incur to carry out paragraph (1).
(c) Facilitation of Transfer.--To facilitate the transfer of customers
described in subsection (a), the Secretary of the Navy shall provide the
following to the State of Hawaii:
(1) A load analysis and design necessary to complete such transfer.
(2) Such rights of way and easements as may be necessary to support
the construction of replacement electrical infrastructure.
(d) Disposal of Navy Electrical System.--Subject to the availability of
appropriations for such purpose, after all customers have been transferred as
required under subsection (a), the Secretary of the Navy may dispose of the
electrical system of the Navy located at former Naval Air Station Barber's
Point, Hawaii.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2018
projects.
Sec. 2305. Modification of authority to carry out certain fiscal year
2021 project.
Sec. 2306. Modification of authority to carry out certain military
construction projects at Tyndall Air Force
Base, Florida.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2303(a) and available for military
construction projects inside the United States as specified in the funding table
in section 4601, the Secretary of the Air Force may acquire real property and
carry out military construction projects for the installations or locations
inside the United States, and in the amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama....................................... Maxwell Air Force Base.......................... $15,000,000
Alaska........................................ Clear Space Force Station....................... $72,080,000
Joint Base Elmendorf-Richardson................. $5,200,000
Arizona Davis-Monthan Air Force Base.................... $7,500,000
California.................................... Travis Air Force Base........................... $7,500,000
Vandenberg Space Force Base..................... $136,000,000
Florida....................................... Patrick Space Force Base........................ $97,000,000
Hawaii........................................ Air Force Research Laboratory - Maui $89,000,000
Experimental Site #1...........................
Illinois...................................... Scott Air Force Base............................ $19,893,000
New York...................................... Air Force Research Laboratory - Rome Research $4,200,000
Site...........................................
Ohio.......................................... Wright Patterson Air Force Base................. $29,000,000
Oklahoma...................................... Altus Air Force Base............................ $4,750,000
Tinker Air Force Base........................... $252,016,000
South Carolina................................ Shaw Air Force Base............................. $15,000,000
South Dakota.................................. Ellsworth Air Force Base........................ $335,900,000
Tennessee..................................... Arnold Air Force Base........................... $46,000,000
Texas......................................... Joint Base San Antonio-Randolph................. $29,000,000
Utah.......................................... Hill Air Force Base............................. $96,900,000
Washington.................................... Fairchild Air Force Base........................ $8,000,000
Wyoming....................................... F.E. Warren Air Force Base...................... $241,920,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2303(a) and available for military
construction projects outside the United States as specified in the funding
table in section 4601, the Secretary of the Air Force may acquire real property
and carry out military construction projects for the installations or locations
outside the United States, and in the amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Hungary....................................... Papa Air Base................................... $75,260,000
Iceland....................................... Naval Air Station Keflavik...................... $102,500,000
Italy......................................... Aviano Air Base................................. $51,615,000
Japan......................................... Kadena Air Base................................. $307,000,000
Jordan........................................ Muwaffaq Salti Air Base......................... $53,000,000
Norway........................................ Rygge Air Station............................... $9,700,000
Spain......................................... Moron Air Base.................................. $32,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Improvements to Military Family Housing Units.--Subject to section 2825
of title 10, United States Code, and using amounts appropriated pursuant to the
authorization of appropriations in section 2303(a) and available for military
family housing functions as specified in the funding table in section 4601, the
Secretary of the Air Force may improve existing military family housing units in
an amount not to exceed $233,858,000.
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2303(a) and available for military
family housing functions as specified in the funding table in section 4601, the
Secretary of the Air Force may carry out architectural and engineering services
and construction design activities with respect to the construction or
improvement of family housing units in an amount not to exceed $17,730,000.
SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30, 2022, for military
construction, land acquisition, and military family housing functions of the
Department of the Air Force, as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--Notwithstanding the
cost variations authorized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost of all projects
carried out under section 2301 of this Act may not exceed the total amount
authorized to be appropriated under subsection (a), as specified in the funding
table in section 4601.
SEC. 2304. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2018
PROJECTS.
(a) Extension.--
(1) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B of
Public Law 115-91; 131 Stat. 1817), the authorizations set forth in the
table in paragraph (2), as provided in section 2301(a) of that Act (131
Stat. 1825), shall remain in effect until October 1, 2023, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2024, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as follows:
Air Force: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Florida............................... Tyndall Air Force Base.... Fire Station............. $17,000,000
Texas................................. Joint Base San Antonio.... BMT Classrooms/Dining.... $38,000,000
Joint Base San Antonio.... Camp Bullis Dining $18,500,000
Facility................
Wyoming............................... F. E. Warren Air Force Consolidated Helo/TRF Ops/ $62,000,000
Base..................... AMU and Alert Fac.......
----------------------------------------------------------------------------------------------------------------
(b) Overseas Contingency Operations.--
(1) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B of
Public Law 115-91; 131 Stat. 1817), the authorizations set forth in the
table in paragraph (2), as provided in section 2903 of that Act (131
Stat. 1876), shall remain in effect until October 1, 2023, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2024, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as follows:
Air Force: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Hungary............................... Kecskemet Air Base........ ERI: Airfield Upgrades... $12,900,000
Kecskemet Air Base........ ERI: Construct Parallel $30,000,000
Taxiway.................
Kecskemet Air Base........ ERI: Increase POL Storage $12,500,000
Capacity................
Luxembourg............................ Sanem..................... ERI: ECAOS Deployable $67,400,000
Airbase System Storage..
Slovakia.............................. Malacky................... ERI: Airfield Upgrades... $4,000,000
Malacky................... ERI: Increase POL Storage $20,000,000
Capacity................
ERI: Airfield Upgrades.... Construct Combat Arms $22,000,000
Training and Maintenance
Facility................
----------------------------------------------------------------------------------------------------------------
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2021
PROJECT.
In the case of the authorization contained in the table in section 2301(a)
of the Military Construction Authorization Act for Fiscal Year 2021 (division B
of Public Law 116-283; 134 Stat. 4299) for Hill Air Force Base, Utah, for
construction of GBSD Organic Software Sustainment Center, the Secretary of the
Air Force may construct--
(1) up to 7,526 square meters of Surface Parking Lot in lieu of
constructing a 13,434 square meters vehicle parking garage; and
(2) up to 402 square meters of Storage Igloo.
SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN MILITARY CONSTRUCTION
PROJECTS AT TYNDALL AIR FORCE BASE, FLORIDA.
In the case of the authorization contained in section 2912(a) of the
Military Construction Authorization Act for Fiscal Year 2020 (division B of
Public Law 116-92; 133 Stat. 1913) for Tyndall Air Force Base, Florida--
(1) for construction of Lodging Facilities Phases 1-2, as specified
in such funding table and modified by section 2306(a)(7) of the Military
Construction Authorization Act for Fiscal Year 2021 (division B of
Public Law 116-283; 134 Stat. 4302), the Secretary of the Air Force may
construct two emergency backup generators;
(2) for construction of Dorm Complex Phases 1-2, as specified in
such funding table and modified by section 2306(a)(8) of the Military
Construction Authorization Act for Fiscal Year 2021 (division B of
Public Law 116-283; 134 Stat. 4302), the Secretary of the Air Force may
construct an emergency backup generator;
(3) for construction of Site Development, Utilities, and Demo Phase
2, as specified in such funding table and modified by section 2306(a)(6)
of the Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4302), the Secretary of the
Air Force may construct--
(A) up to 6,248 lineal meters of storm water utilities;
(B) up to 55,775 square meters of roads;
(C) up to 4,334 lineal meters of gas pipeline; and
(D) up to 28,958 linear meters of electrical;
(4) for construction of Tyndall AFB Gate Complex, as specified in
such funding table and modified by section 2306(a)(9) of the Military
Construction Authorization Act for Fiscal Year 2021 (division B of
Public Law 116-283; 134 Stat. 4302), the Secretary of the Air Force may
construct up to 55,694 square meters of roadway with serpentines; and
(5) for construction of Deployment Center/Flight Line Dining/AAFES,
as specified in such funding table and modified by section 2306(a)(11)
of the Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4303), the Secretary of the
Air Force may construct up to 164 square meters of AAFES (Shoppette).
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorized energy resilience and conservation investment
program projects.
Sec. 2403. Authorization of appropriations, defense agencies.
Sec. 2404. Extension of authority to carry out certain fiscal year 2018
projects.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2403(a) and available for military
construction projects inside the United States as specified in the funding table
in section 4601, the Secretary of Defense may acquire real property and carry
out military construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Redstone Arsenal.............................. $151,000,000
California.................................. Naval Base Coronado........................... $75,712,000
Florida..................................... Hurlburt Field................................ $9,100,000
MacDill Air Force Base........................ $50,000,000
North Carolina.............................. Fort Bragg.................................... $34,470,000
Texas....................................... Joint Base San Antonio........................ $58,600,000
Virginia.................................... Dam Neck...................................... $26,600,000
Pentagon...................................... $18,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2403(a) and available for military
construction projects outside the United States as specified in the funding
table in section 4601, the Secretary of Defense may acquire real property and
carry out military construction projects for the installations or locations
outside the United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany...................................... Baumholder.................................... $184,723,000
Wiesbaden..................................... $104,779,000
Japan........................................ Yokota Air Base............................... $72,154,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION INVESTMENT PROGRAM
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2403(a) and available for energy
conservation projects as specified in the funding table in section 4601, the
Secretary of Defense may carry out energy conservation projects under chapter
173 of title 10, United States Code, for the installations or locations inside
the United States, and in the amounts, set forth in the following table:
ERCIP Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State or Territory Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Redstone Arsenal.............................. $10,700,000
California.................................. Marine Corps Mountain Warfare Training Center. $30,672,000
Naval Base Ventura County..................... $16,032,000
Florida..................................... Naval Air Station Jacksonville................ $2,880,000
Patrick Space Force Base...................... $15,700,000
Georgia..................................... Fort Stewart-Hunter Army Airfield............. $25,400,000
Naval Submarine Base Kings Bay................ $13,440,000
Guam........................................ Naval Base Guam............................... $34,360,000
Hawaii...................................... Joint Base Pearl Harbor-Hickam................ $30,000,000
Kansas...................................... Fort Riley.................................... $25,780,000
Maryland.................................... National Security Agency-Washington, Fort $23,310,000
Meade........................................
Texas....................................... Fort Hood..................................... $31,500,000
U.S. Army Reserve Center, Conroe.............. $9,600,000
Virginia.................................... National Geospatial-Intelligence Agency Campus $1,100,000
East, Fort Belvoir...........................
Naval Support Activity Hampton Roads.......... $26,880,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2403(a) and available for energy
conservation projects as specified in the funding table in section 4601, the
Secretary of Defense may carry out energy conservation projects under chapter
173 of title 10, United States Code, for the installations or locations outside
the United States, and in the amounts, set forth in the following table:
ERCIP Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Djibouti..................................... Camp Lemonnier................................ $28,800,000
Japan........................................ Kadena Air Base............................... $780,000
Kuwait....................................... Camp Arifjan.................................. $26,850,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30, 2022, for military
construction, land acquisition, and military family housing functions of the
Department of Defense (other than the military departments), as specified in the
funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--Notwithstanding the
cost variations authorized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed the total amount
authorized to be appropriated under subsection (a), as specified in the funding
table in section 4601.
SEC. 2404. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2018
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military Construction
Authorization Act for Fiscal Year 2018 (division B of Public Law 115-91; 131
Stat. 1817), the authorization set forth in the table in subsection (b), as
provided in section 2401(b) of that Act (131 Stat. 1829), for the projects
specified in that table shall remain in effect until October 1, 2023, or the
date of the enactment of an Act authorizing funds for military construction for
fiscal year 2024, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Defense Agencies: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Japan................................ Iwakuni................ Construct Bulk Storage $30,800,000
Tanks PH 1............
Puerto Rico.......................... USCG Station; Punta Ramey Unit School $61,071,000
Borinquen............. Replacement...........
----------------------------------------------------------------------------------------------------------------
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Repeal of authorized approach to certain construction
project.
Subtitle A--North Atlantic Treaty Organization Security Investment Program
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North Atlantic
Treaty Organization Security Investment Program as provided in section 2806 of
title 10, United States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section 2502 and the amount
collected from the North Atlantic Treaty Organization as a result of
construction previously financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years beginning
after September 30, 2022, for contributions by the Secretary of Defense under
section 2806 of title 10, United States Code, for the share of the United States
of the cost of projects for the North Atlantic Treaty Organization Security
Investment Program authorized by section 2501 as specified in the funding table
in section 4601.
Subtitle B--Host Country In-Kind Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Korea for required in-kind
contributions, the Secretary of Defense may accept military construction
projects for the installations or locations in the Republic of Korea, and in the
amounts, set forth in the following table:
Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................. Camp Humphreys......... Quartermaster Laundry/ $24,000,000
Dry Cleaner Facility..
Army................................. Camp Humphreys......... MILVAN CONNEX Storage $20,000,000
Yard..................
Navy................................. Camp Mujuk............. Replace Ordnance $150,000,000
Storage Magazines.....
Navy................................. Fleet Activities Water Treatment Plant $6,000,000
Chinhae............... Relocation............
Air Force............................ Gimhae Air Base........ Refueling Vehicle Shop. $8,800,000
Air Force............................ Osan Air Base.......... Combined Air and Space $306,000,000
Operations
Intelligence Center...
Air Force............................ Osan Air Base.......... Upgrade Electrical $235,000,000
Distribution West,
Phase 3...............
----------------------------------------------------------------------------------------------------------------
SEC. 2512. REPEAL OF AUTHORIZED APPROACH TO CERTAIN CONSTRUCTION PROJECT.
Section 2511 of the Military Construction Authorization Act for Fiscal Year
2022 (division B of Public Law 117-81; 135 Stat. 2177) is amended--
(1) by striking ``(a) Authority to Accept Projects.--''; and
(2) by striking subsection (b).
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Corrections to authority to carry out certain fiscal year
2022 projects.
Sec. 2608. Extension of authority to carry out certain fiscal year 2018
projects.
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations
in section 2606 and available for the National Guard and Reserve as specified in
the funding table in section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the Army National
Guard locations inside the United States, and in the amounts, set forth in the
following table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State or Territory Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska...................................... Joint Base Elmendorf-Richardson............... $63,000,000
Arkansas.................................... Camp Robinson................................. $9,500,000
Delaware.................................... River Road Training Site...................... $16,000,000
Florida..................................... Camp Blanding................................. $24,700,000
Gainesville................................... $21,000,000
Palm Coast Flagler RC FMS 9................... $12,000,000
Hawaii...................................... Kalaeloa...................................... $29,000,000
Indiana..................................... Atlanta Readiness Center...................... $20,000,000
Iowa........................................ West Des Moines Armory........................ $15,000,000
Michigan.................................... Grayling Airfield............................. $16,000,000
Minnesota................................... New Ulm Armory and FMS........................ $17,000,000
Nevada...................................... Harry Reid Training Center.................... $18,000,000
New York.................................... Glenmore RD Armory/FMS 17..................... $17,000,000
North Carolina.............................. McLeansville Camp Burton Road................. $15,000,000
Oregon...................................... Camp Umatilla................................. $14,243,000
Puerto Rico................................. Arroyo Readiness Center....................... $46,602,000
Camp Santiago Joint Maneuver Training Center.. $136,500,000
West Virginia............................... Buckhannon Brushy Fork........................ $14,000,000
Wyoming..................................... Camp Guernsey................................. $19,500,000
TS NG Sheridan................................ $14,800,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations
in section 2606 and available for the National Guard and Reserve as specified in
the funding table in section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the Army Reserve
locations inside the United States, and in the amounts, set forth in the
following table:
Army Reserve
------------------------------------------------------------------------
State or Territory Location Amount
------------------------------------------------------------------------
California.................. Camp Pendleton............... $13,000,000
Florida..................... Perrine...................... $46,000,000
Ohio........................ Wright-Patterson Air Force $16,000,000
Base.
Puerto Rico................. Fort Buchanan................ $24,000,000
Washington.................. Yakima....................... $22,000,000
Wisconsin................... Fort McCoy................... $64,000,000
------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations
in section 2606 and available for the National Guard and Reserve as specified in
the funding table in section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the Navy Reserve and
Marine Corps Reserve locations inside the United States, and in the amounts, set
forth in the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Hawaii......................................... Marine Corps Base Kaneohe Bay.................. $116,964,000
Michigan....................................... Marine Forces Reserve Battle Creek............. $27,702,000
Virginia....................................... Marine Forces Reserve Dam Neck Virginia Beach.. $11,856,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations
in section 2606 and available for the National Guard and Reserve as specified in
the funding table in section 4601, the Secretary of the Air Force may acquire
real property and carry out military construction projects for the Air National
Guard locations inside the United States, and in the amounts, set forth in the
following table:
Air National Guard
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Alabama..................... Montgomery Regional Airport.. $9,200,000
Arizona..................... Morris Air National Guard $12,000,000
Base.
Tucson International Airport. $11,700,000
Florida..................... Jacksonville International $30,000,000
Airport.
Indiana..................... Fort Wayne International $16,500,000
Airport.
Ohio........................ Rickenbacker Air National $8,000,000
Guard Base.
Rhode Island................ Quonset State Airport........ $46,000,000
Tennessee................... McGhee-Tyson Airport......... $31,000,000
West Virginia............... McLaughlin Air National Guard $12,500,000
Base.
------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations
in section 2606 and available for the National Guard and Reserve as specified in
the funding table in section 4601, the Secretary of the Air Force may acquire
real property and carry out military construction projects for the Air Force
Reserve locations inside the United States, and in the amounts, set forth in the
following table:
Air Force Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Arizona..................... Davis-Monthan Air Force Base. $8,000,000
Mississippi................. Keesler Air Force Base....... $10,000,000
Oklahoma.................... Tinker Air Force Base........ $12,500,000
Virginia.................... Langley Air Force Base....... $10,500,000
------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal years beginning
after September 30, 2022, for the costs of acquisition, architectural and
engineering services, and construction of facilities for the Guard and Reserve
Forces, and for contributions therefor, under chapter 1803 of title 10, United
States Code (including the cost of acquisition of land for those facilities), as
specified in the funding table in section 4601.
SEC. 2607. CORRECTIONS TO AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2022
PROJECTS.
The authorization table in section 2601 of the Military Construction
Authorization Act for Fiscal Year 2022 (division B of Public Law 117-81; 135
Stat. 2178) is amended--
(1) in the item relating to Redstone Arsenal, Alabama, by striking
``Redstone Arsenal'' and inserting ``Huntsville Readiness Center'';
(2) in the item relating to Jerome National Guard Armory, Idaho, by
striking ``Jerome National Guard Armory'' and inserting ``Jerome County
Regional Site'';
(3) in the item relating to Nickell Memorial Armory Topeka, Kansas,
by striking ``Nickell Memorial Armory Topeka'' and inserting ``Topeka
Forbes Field'';
(4) in the item relating to Lake Charles National Guard Readiness
Center, Louisiana, by striking ``Lake Charles National Guard Readiness
Center'' and inserting ``Lake Charles Chennault Airport NGLA'';
(5) in the item relating to Camp Grayling, Michigan, by striking
``Camp Grayling'' and inserting ``Grayling Airfield'';
(6) in the item relating to Butte Military Entrance Testing Site,
Montana, by striking ``Butte Military Entrance Testing Site'' and
inserting ``Silver Bow Readiness Center Land'';
(7) in the item relating to Mead Army National Guard Readiness
Center, Nebraska, by striking ``Mead Army National Guard Readiness
Center'' and inserting ``Mead TS/FMS 06/Utes 02'';
(8) in the item relating to Dickinson National Guard Armory, North
Dakota, by striking ``Dickinson National Guard Armory'' and inserting
``Dickinson Complex'';
(9) in the item relating to Bennington National Guard Armory,
Vermont, by striking ``Bennington National Guard Armory'' and inserting
``Bennington''; and
(10) in the item relating to Camp Ethan Allen Training Site,
Vermont, by striking ``Camp Ethan Allen Training Site'' and inserting
``National Guard Ethan Allen Air Force Base Training Site''.
SEC. 2608. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2018
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military Construction
Authorization Act for Fiscal Year 2018 (division B of Public Law 115-91; 131
Stat. 1817), the authorizations set forth in the table in subsection (b), as
provided in section 2604 of that Act (131 Stat. 1836), shall remain in effect
until October 1, 2023, or the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2024, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Air Force: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Indiana............................... Hulman Regional Airport... Construct Small Arms $8,000,000
Range...................
South Dakota.......................... Joe Foss Field............ Aircraft Maintenance $12,000,000
Shops...................
Wisconsin............................. Dane County Regional/ Construct Small Arms $8,000,000
Airport Truax Field...... Range...................
----------------------------------------------------------------------------------------------------------------
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through
Department of Defense Base Closure Account.
Sec. 2702. Authorization to fund certain demolition and removal
activities through Department of Defense
Base Closure Account.
Sec. 2703. Prohibition on conducting additional base realignment and
closure (BRAC) round.
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND CLOSURE
ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal years beginning
after September 30, 2022, for base realignment and closure activities, including
real property acquisition and military construction projects, as authorized by
the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) and funded through the Department of
Defense Base Closure Account established by section 2906 of such Act (as amended
by section 2711 of the Military Construction Authorization Act for Fiscal Year
2013 (division B of Public Law 112-239; 126 Stat. 2140)), as specified in the
funding table in section 4601.
SEC. 2702. AUTHORIZATION TO FUND CERTAIN DEMOLITION AND REMOVAL ACTIVITIES
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT.
(a) In General.--Section 2906(c)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note) is amended by adding at the end
the following new subparagraph:
``(E) To carry out the demolition or removal of any building
or structure under the control of the Secretary of the Navy that
is not designated as historic under a Federal, State, or local
law and is located on a military installation closed or
realigned under a base closure law (as such term is defined in
section 101 of title 10, United States Code) at which the
sampling or remediation of radiologically contaminated materials
has been the subject of substantiated allegations of fraud,
without regard to--
``(i) whether the building or structure is
radiologically impacted; or
``(ii) whether such demolition or removal is carried
out, as part of a response action or otherwise, under
the Defense Environmental Restoration Program specified
in subparagraph (A) or CERCLA (as such term is defined
in section 2700 of title 10, United States Code).''.
(b) Funding.--The amendment made by this section may only be carried out
using funds authorized to be appropriated in the table in section 4601.
SEC. 2703. PROHIBITION ON CONDUCTING ADDITIONAL BASE REALIGNMENT AND CLOSURE
(BRAC) ROUND.
Nothing in this Act shall be construed to authorize an additional Base
Realignment and Closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program
Sec. 2801. Temporary increase of amounts in connection with authority
to carry out unspecified minor military
construction.
Sec. 2802. Modification of annual locality adjustment of dollar
thresholds applicable to unspecified minor
military construction authorities.
Sec. 2803. Permanent authority for defense laboratory modernization
program.
Sec. 2804. Elimination of sunset of authority to conduct unspecified
minor military construction for lab
revitalization.
Sec. 2805. Military construction projects for innovation, research,
development, test, and evaluation.
Sec. 2806. Supervision of large military construction projects.
Sec. 2807. Specification of Assistant Secretary of Defense for Energy,
Installations, and Environment as Chief
Housing Officer.
Sec. 2808. Clarification of exceptions to limitations on cost
variations for military construction
projects and military family housing
projects.
Sec. 2809. Use of operation and maintenance funds for certain
construction projects outside the United
States.
Sec. 2810. Consideration of installation of integrated solar roofing to
improve energy resiliency of military
installations.
Sec. 2811. Revision of Unified Facilities Guide Specifications and
Unified Facilities Criteria to include
specifications on use of gas insulated
switchgear and criteria and specifications
on microgrids and microgrid converters.
Sec. 2812. Determination and notification relating to Executive orders
that impact cost and scope of work of
military construction projects.
Sec. 2813. Requirement for inclusion of Department of Defense Forms
1391 with annual budget submission by
President.
Sec. 2814. Use of integrated project delivery contracts.
Subtitle B--Military Housing Reforms
Sec. 2821. Standardization of military installation Housing
Requirements and Market Analyses.
Sec. 2822. Notice requirement for MHPI ground lease extensions.
Sec. 2823. Annual briefings on military housing privatization projects.
Sec. 2824. Mold inspection of vacant housing units.
Sec. 2825. Implementation of recommendations from audit of medical
conditions of residents in privatized
military housing.
Subtitle C--Real Property and Facilities Administration
Sec. 2831. Authorized land and facilities transfer to support contracts
with federally funded research and
development centers.
Sec. 2832. Limitation on use of funds pending completion of military
installation resilience component of master
plans for at-risk major military
installations.
Sec. 2833. Physical entrances to certain military installations.
Subtitle D--Land Conveyances
Sec. 2841. Extension of time frame for land conveyance, Sharpe Army
Depot, Lathrop, California.
Sec. 2842. Land conveyance, Joint Base Charleston, South Carolina.
Sec. 2843. Land conveyance, Naval Air Station Oceana, Dam Neck Annex,
Virginia Beach, Virginia.
Sec. 2844. Land exchange, Marine Reserve Training Center, Omaha,
Nebraska.
Sec. 2845. Land Conveyance, Starkville, Mississippi.
Subtitle E--Miscellaneous Studies and Reports
Sec. 2851. Study on practices with respect to development of military
construction projects.
Sec. 2852. Report on capacity of Department of Defense to provide
survivors of natural disasters with
emergency short-term housing.
Sec. 2853. Reporting on lead service lines and lead plumbing.
Sec. 2854. Briefing on attempts to acquire land near United States
military installations by the People's
Republic of China.
Subtitle F--Other Matters
Sec. 2861. Required consultation with State and local entities for
notifications related to the basing
decision-making process.
Sec. 2862. Inclusion in Defense Community Infrastructure Pilot Program
of certain projects for ROTC training.
Sec. 2863. Inclusion of infrastructure improvements identified in the
report on strategic seaports in Defense
Community Infrastructure Pilot Program.
Sec. 2864. Inclusion of certain property for purposes of defense
community infrastructure pilot program.
Sec. 2865. Expansion of pilot program on increased use of sustainable
building materials in military construction
to include locations throughout the United
States.
Sec. 2866. Basing decision scorecard consistency and transparency.
Sec. 2867. Temporary authority for acceptance and use of funds for
certain construction projects in the
Republic of Korea.
Sec. 2868. Repeal of requirement for Interagency Coordination Group of
Inspectors General for Guam Realignment.
Sec. 2869. Lease or use agreement for category 3 subterranean training
facility.
Sec. 2870. Limitation on use of funds for closure of combat readiness
training centers.
Sec. 2871. Required investments in improving child development centers.
Sec. 2872. Interagency Regional Coordinator for Resilience Pilot
Project.
Sec. 2873. Access to military installations for Homeland Security
Investigations personnel in Guam.
Sec. 2874. Prohibition on joint use of Homestead Air Reserve Base with
civil aviation.
Sec. 2875. Electrical charging capability construction requirements
relating to parking for Federal Government
motor vehicles.
Subtitle A--Military Construction Program
SEC. 2801. TEMPORARY INCREASE OF AMOUNTS IN CONNECTION WITH AUTHORITY TO CARRY
OUT UNSPECIFIED MINOR MILITARY CONSTRUCTION.
For the period beginning on the date of the enactment of this Act and ending
on December 1, 2025, section 2805 of title 10, United States Code, shall be
applied and administered--
(1) in subsection (a)(2), by substituting ``$9,000,000'' for
``$6,000,000'';
(2) in subsection (c), by substituting ``$4,000,000'' for
``$2,000,000'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by substituting
``$9,000,000'' for ``$6,000,000''; and
(ii) in subparagraph (B), by substituting
``$9,000,000'' for ``$6,000,000''; and
(B) in paragraph (2), by substituting ``$9,000,000'' for
``$6,000,000''; and
(4) in subsection (f)(1), by substituting ``$14,000,000'' for
``$10,000,000''.
SEC. 2802. MODIFICATION OF ANNUAL LOCALITY ADJUSTMENT OF DOLLAR THRESHOLDS
APPLICABLE TO UNSPECIFIED MINOR MILITARY CONSTRUCTION AUTHORITIES.
Section 2805(f)(2) of title 10, United States Code, as amended by this Act,
is further amended--
(1) by striking ``or the Commonwealth'' and inserting ``Wake Island,
the Commonwealth''; and
(2) by inserting ``, or a former United States Trust Territory now
in a Compact of Free Association with the United States'' after
``Mariana Islands''.
SEC. 2803. PERMANENT AUTHORITY FOR DEFENSE LABORATORY MODERNIZATION PROGRAM.
(a) In General.--Section 2805 of title 10, United States Code, as amended by
this Act, is further amended by adding at the end the following new subsection:
``(g) Defense Laboratory Modernization Program.--(1) Using amounts
appropriated or otherwise made available to the Department of Defense for
research, development, test, and evaluation, the Secretary of Defense may fund a
military construction project described in paragraph (4) at any of the
following:
``(A) A Department of Defense science and technology reinvention
laboratory (as designated under section 4121(b) of this title).
``(B) A Department of Defense federally funded research and
development center that functions primarily as a research laboratory.
``(C) A Department of Defense facility in support of a technology
development program that is consistent with the fielding of offset
technologies as described in section 218 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C.
note 4811).
``(D) A Department of Defense research, development, test, and
evaluation facility that is not designated as a science and technology
reinvention laboratory, but nonetheless is involved with developmental
test and evaluation.
``(2) Subject to the condition that a military construction project under
paragraph (1) be authorized in a Military Construction Authorization Act, the
authority to carry out the military construction project includes authority
for--
``(A) surveys, site preparation, and advanced planning and design;
``(B) acquisition, conversion, rehabilitation, and installation of
facilities;
``(C) acquisition and installation of equipment and appurtenances
integral to the project; acquisition and installation of supporting
facilities (including utilities) and appurtenances incident to the
project; and
``(D) planning, supervision, administration, and overhead expenses
incident to the project.
``(3)(A) The Secretary of Defense shall include military construction
projects proposed to be carried out under paragraph (1) in the budget
justification documents for the Department of Defense submitted to Congress in
connection with the budget for a fiscal year submitted under 1105 of title 31.
``(B) Not less than 14 days prior to the first obligation of funds described
in paragraph (1) for a military construction project to be carried out under
such paragraph, the Secretary of Defense shall submit to the congressional
defense committees a notification providing an updated construction description,
cost, and schedule for the project and any other matters regarding the project
as the Secretary considers appropriate.
``(4) The authority provided by paragraph (1) to fund military construction
projects using amounts appropriated or otherwise made available for research,
development, test, and evaluation is limited to military construction projects
that the Secretary of Defense, in the budget justification documents exhibits
submitted pursuant to paragraph (3)(A), determines--
``(A) will support research and development activities at
laboratories described in paragraph (1);
``(B) will establish facilities that will have significant potential
for use by entities outside the Department of Defense, including
universities, industrial partners, and other Federal agencies;
``(C) are endorsed for funding by more than one military department
or Defense Agency; and
``(D) cannot be fully funded within the thresholds otherwise
specified in this section.
``(5) The maximum amount of funds appropriated or otherwise made available
for research, development, test, and evaluation that may be obligated in any
fiscal year for military construction projects under paragraph (1) is
$150,000,000.
``(6)(A) In addition to the authority provided to the Secretary of Defense
under paragraph (1) to use amounts appropriated or otherwise made available for
research, development, test, and evaluation for a military construction project
referred to in such subsection, the Secretary of the military department
concerned may use amounts appropriated or otherwise made available for research,
development, test, and evaluation to obtain architectural and engineering
services and to carry out construction design in connection with such a project.
``(B) In the case of architectural and engineering services and construction
design to be undertaken under this paragraph for which the estimated cost
exceeds $1,000,000, the Secretary concerned shall notify the appropriate
committees of Congress of the scope of the proposed project and the estimated
cost of such services before the initial obligation of funds for such services.
The Secretary may then obligate funds for such services only after the end of
the 14-day period beginning on the date on which the notification is received by
the committees in an electronic medium pursuant to section 480 of this title.''.
(b) Applicability.--Subsection (g) of section 2805 of title 10, United
States Code, as added by subsection (a), shall apply with respect only to
amounts appropriated after the date of the enactment of this Act.
(c) Conforming Repeal.--Section 2803 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. note prec. 4121) is
repealed.
SEC. 2804. ELIMINATION OF SUNSET OF AUTHORITY TO CONDUCT UNSPECIFIED MINOR
MILITARY CONSTRUCTION FOR LAB REVITALIZATION.
Section 2805(d) of title 10, United States Code, as amended by this Act, is
further amended by striking paragraph (5).
SEC. 2805. MILITARY CONSTRUCTION PROJECTS FOR INNOVATION, RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION.
(a) In General.--Subchapter I of chapter 169 of title 10, United States
Code, is amended by inserting after section 2809 the following new section:
``Sec. 2810. Military construction projects for innovation, research,
development, test, and evaluation
``(a) Project Authorization Required.--The Secretary of Defense may carry
out such military construction projects for innovation, research, development,
test, and evaluation as are authorized by law, using funds appropriated or
otherwise made available for that purpose.
``(b) Submission of Project Proposals.--As part of the defense budget
materials for each fiscal year, the Secretary of Defense shall include the
following information for each military construction project covered by
subsection (a):
``(1) The project title.
``(2) The location of the project.
``(3) A brief description of the scope of work.
``(4) A completed Department of Defense Form 1391 budget
justification that includes the original project cost estimate.
``(5) A current working cost estimate, if different that the cost
estimate contained in such Form 1391.
``(6) Such other information as the Secretary considers appropriate.
``(c) Budget Justification Display.--The Secretary of Defense shall include
with the defense budget materials for each fiscal year a consolidated budget
justification display that individually identifies each military construction
project covered by subsection (a) and the amount requested for such project for
such fiscal year.
``(d) Application to Military Construction Projects.--This section shall
apply to military construction projects covered by subsection (a) for which a
Department of Defense Form 1391 is submitted to the appropriate committees of
Congress in connection with the budget of the Department of Defense for fiscal
year 2023 and thereafter.''.
(b) Clerical Amendment.--The table of sections at the beginning of such
subchapter is amended by inserting after the item relating to section 2809 the
following new item:
``2810. Military construction projects for innovation, research,
development, test, and evaluation.''.
SEC. 2806. SUPERVISION OF LARGE MILITARY CONSTRUCTION PROJECTS.
(a) Supervision of Large Military Construction Projects.--Section 2851 of
title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new subsection:
``(d) Report on Supervision of Large Military Construction Projects.--Before
the award of a contract of a value greater than $500,000,000 in connection with
a military construction project, the individual directing and supervising such
military construction project under subsection (a) or the individual designated
pursuant to subsection (b) (as applicable) shall submit to the appropriate
committees of Congress a report on the intended supervision, inspection, and
overhead plan to manage such military construction project. Each such report
shall include the following:
``(1) A determination of the overall funding intended to manage the
supervision, inspection, and overhead of the military construction
project.
``(2) An assessment of whether a Department of Defense Field
Activity directly reporting to such individual should be established.
``(3) A description of the quality assurance approach to the
military construction project.
``(4) The independent cost estimate described in section
3221(b)(6)(A) of this title.
``(5) The overall staffing approach to oversee the military
construction project for each year of the contract term.''.
(b) Conforming Amendment to Duties of the Director of Cost Assessment and
Program Evaluation.--Section 3221(b)(6)(A) of title 10, United States Code, is
amended--
(1) in clause (iii), by striking ``and'' at the end; and
(2) by adding at the end the following new clause:
``(v) any decision to enter into a contract in
connection with a military construction project of a
value greater than $500,000,000; and''.
(c) Applicability.--This section and the amendments made by this section
shall apply to contracts entered into on or after the date of the enactment of
this Act.
SEC. 2807. SPECIFICATION OF ASSISTANT SECRETARY OF DEFENSE FOR ENERGY,
INSTALLATIONS, AND ENVIRONMENT AS CHIEF HOUSING OFFICER.
Subsection (a) of section 2851a of title 10, United States Code, is amended
to read as follows:
``(a) In General.--The Assistant Secretary of Defense for Energy,
Installations, and Environment shall serve as the Chief Housing Officer, who
shall oversee family housing and military unaccompanied housing under the
jurisdiction of the Department of Defense or acquired or constructed under
subchapter IV of this chapter (in this section referred to as `covered housing
units').''.
SEC. 2808. CLARIFICATION OF EXCEPTIONS TO LIMITATIONS ON COST VARIATIONS FOR
MILITARY CONSTRUCTION PROJECTS AND MILITARY FAMILY HOUSING
PROJECTS.
Subparagraph (D) of section 2853(c)(1) of title 10, United States Code, is
amended to read as follows:
``(D) The Secretary concerned may not use the authority provided by
subparagraph (A) to waive the cost limitation applicable to a military
construction project with a total authorized cost greater than $500,000,000 or a
military family housing project with a total authorized cost greater than
$500,000,000 if that waiver would increase the project cost by more than 50
percent of the total authorized cost of the project.''.
SEC. 2809. USE OF OPERATION AND MAINTENANCE FUNDS FOR CERTAIN CONSTRUCTION
PROJECTS OUTSIDE THE UNITED STATES.
(a) Permanent Authority.--Section 2808 of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1723), as most recently amended by section 2806 of the Military
Construction Authorization Act for Fiscal Year 2022 (division B of Public Law
117-81; 135 Stat. 2190), is further amended--
(1) in subsection (a)--
(A) by striking ``, inside the area of responsibility of the
United States Central Command or certain countries in the area
of responsibility of the United States Africa Command,'';
(B) by inserting ``outside the United States'' after
``construction project''; and
(C) in paragraph (2), by striking ``, unless the military
installation is located in Afghanistan, for which projects using
this authority may be carried out at installations deemed as
supporting a long-term presence''; and
(2) in subsection (c)(1), by striking subparagraph (A) and
redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B),
respectively.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (b), by striking ``subsection (f)'' and inserting
``subsection (d)'';
(2) by striking subsection (e);
(3) by redesignating subsections (f) and (g) as subsections (d) and
(e), respectively;
(4) in subsection (e), as so redesignated, by striking ``subsection
(f)'' and inserting ``subsection (d)''; and
(5) by striking subsections (h) and (i).
(c) Clerical Amendments.--Such section is further amended as follows:
(1) The section heading for such section is amended--
(A) by striking ``temporary, limited authority'' and
inserting ``authority'' ; and
(B) by inserting ``certain'' before ``construction
projects''.
(2) The subsection heading for subsection (a) of such section is
amended by striking ``Temporary Authority'' and inserting ``In
General''.
(d) Classification.--The Law Revision Counsel is directed to classify
section 2808 of the Military Construction Authorization Act for Fiscal Year 2004
(division B of Public Law 108-136; 117 Stat. 1723), as amended by subsection
(a), as a note following section 2804 of title 10, United States Code.
SEC. 2810. CONSIDERATION OF INSTALLATION OF INTEGRATED SOLAR ROOFING TO IMPROVE
ENERGY RESILIENCY OF MILITARY INSTALLATIONS.
The Secretary of Defense shall amend the Unified Facilities Criteria/DoD
Building Code (UFC 1-200-01) to require that planning and design for military
construction projects inside the United States include consideration of the
feasibility and cost-effectiveness of installing integrated solar roofing as
part of the project, for the purpose of--
(1) promoting on-installation energy security and energy resilience;
(2) providing grid support to avoid energy disruptions; and
(3) facilitating implementation and greater use of the authority
provided by subsection (h) of section 2911 of title 10, United States
Code.
SEC. 2811. REVISION OF UNIFIED FACILITIES GUIDE SPECIFICATIONS AND UNIFIED
FACILITIES CRITERIA TO INCLUDE SPECIFICATIONS ON USE OF GAS
INSULATED SWITCHGEAR AND CRITERIA AND SPECIFICATIONS ON MICROGRIDS
AND MICROGRID CONVERTERS.
(a) Gas Insulated Switchgear.--Not later than one year after the date of
the enactment of this Act, the Under Secretary of Defense for Acquisition and
Sustainment shall modify the Unified Facilities Guide Specifications to include
a distinct specification for medium voltage gas insulated switchgear.
(b) Microgrids.--Not later than one year after the date of the enactment of
this Act, the Under Secretary of Defense for Acquisition and Sustainment shall--
(1) modify the Unified Facilities Criteria to include criteria for
microgrids; and
(2) modify the Unified Facilities Guide Specifications to include
specifications for microgrids and microgrid controllers.
SEC. 2812. DETERMINATION AND NOTIFICATION RELATING TO EXECUTIVE ORDERS THAT
IMPACT COST AND SCOPE OF WORK OF MILITARY CONSTRUCTION PROJECTS.
(a) Determination and Update of Form 1391.--Not later than 30 days after the
date on which an Executive order is signed by the President, the Secretary
concerned shall--
(1) determine whether implementation of the Executive order would
cause a cost or scope of work variation for a military construction
project under the jurisdiction of the Secretary concerned;
(2) assess the potential for life-cycle cost savings associated with
implementation of the Executive order for such a project; and
(3) update the Department of Defense Form 1391 for each such project
that has not been submitted for congressional consideration, where such
implementation would affect such cost or scope of work variation,
including--
(A) projects to be commenced in the next fiscal year
beginning after the date on which the Executive order was
signed; and
(B) projects covered by the future-years defense program
submitted under section 221 of title 10, United States Code.
(b) Notification to Congress.--Not later than 10 days after determining
under subsection (a)(1) that implementation of an Executive order would cause a
cost or scope of work variation for a military construction project, the
Secretary concerned shall submit to the congressional defense committees a
report indicating the estimated cost increases, scope of work increases, life-
cycle costs, and any other impacts of such implementation.
(c) Certification.--Along with the submission to Congress of the budget of
the President for a fiscal year under section 1105(a) of title 31, United States
Code, each Secretary concerned shall certify to Congress that each Department of
Defense Form 1391 provided to Congress for that fiscal year for a military
construction project has been updated with any cost or scope of work variation
specified in subsection (a)(1) with respect to an Executive order signed during
the four-year period preceding such certification, including an indication of
any cost increases for such project that is directly attributable to such
Executive order.
(d) Secretary Concerned Defined.--In this section, the term ``Secretary
concerned'' has the meaning given that term in section 101 of title 10, United
States Code.
SEC. 2813. REQUIREMENT FOR INCLUSION OF DEPARTMENT OF DEFENSE FORMS 1391 WITH
ANNUAL BUDGET SUBMISSION BY PRESIDENT.
Concurrently with the submission to Congress by the President of the annual
budget of the Department of Defense for a fiscal year under section 1105(a) of
title 31, United States Code, the President shall include each Department of
Defense Form 1391, or successor similar form, for a military construction
project to be carried out during that fiscal year.
SEC. 2814. USE OF INTEGRATED PROJECT DELIVERY CONTRACTS.
(a) In General.--In fiscal year 2023, the Secretary of the Army, the
Secretary of the Navy, and the Secretary of the Air Force shall each enter into
at least one integrated project delivery contract for the delivery of a military
construction project.
(b) Integrated Project Delivery Contract Defined.--In this section, the term
``integrated project delivery contract'' means a single contract for the
delivery of a whole project that--
(1) includes, at a minimum, the Secretary concerned, builder, and
architect-engineer as parties that are subject to the terms of the
contract;
(2) aligns the interests of all the parties to the contract with
respect to the project costs and project outcomes; and
(3) includes processes to ensure transparency and collaboration
among all parties to the contract relating to project costs and project
outcomes.
Subtitle B--Military Housing Reforms
SEC. 2821. STANDARDIZATION OF MILITARY INSTALLATION HOUSING REQUIREMENTS AND
MARKET ANALYSES.
(a) In General.--Subchapter II of chapter 169 of title 10, United States
Code, is amended by inserting after section 2836 the following new section:
``Sec. 2837. Housing Requirements and Market Analysis
``(a) In General.--Not less frequently than once every five years and in
accordance with the requirements of this section, the Secretary concerned shall
conduct a Housing Requirements and Market Analysis (in this section referred to
as an `HRMA') for each military installation under the jurisdiction of the
Secretary concerned that is located in the United States.
``(b) Prioritization of Installations.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary concerned shall prioritize the conduct of HRMAs for military
installations--
``(A) for which an HRMA has not been conducted during the
five-year period preceding the date of the enactment of this
section; or
``(B) in locations with housing shortages.
``(2) Existing 5-year requirement.--Paragraph (1) shall not apply to
a military department that required an HRMA to be conducted for each
military installation not less frequently than once every five years
before the date of the enactment of this section.
``(c) Submittal to Congress.--The Secretary of Defense shall include with
the budget materials for the Department of Defense for fiscal year 2024 and each
subsequent fiscal year (as submitted to Congress pursuant to section 1105 of
title 31, United States Code) a list of the military installations for which the
Secretary concerned plans to conduct an HRMA during the fiscal year covered by
such budget materials.
``(d) Housing Requirements and Market Analysis.--The term `Housing
Requirements and Market Analysis'or `HRMA' means, with respect to a military
installation, a structured analytical process under which an assessment is made
of both the suitability and availability of the private sector rental housing
market using assumed specific standards related to affordability, location,
features, physical condition, and the housing requirements of the total military
population of such installation.''.
(b) Time Frame.--
(1) In general.--During each of fiscal years 2023 through 2027, the
Secretary concerned shall conduct an HRMA for 20 percent of the military
installations under the jurisdiction of the Secretary concerned located
in the United States.
(2) Submittal of information to congress.--Not later than January
15, 2023, the Secretary concerned shall submit to the congressional
defense committees a list of military installations for which the
Secretary concerned plans to conduct an HRMA during fiscal year 2023.
(c) Definitions.--In this section:
(1) The term ``HRMA'' means, with respect to a military
installation, a structured analytical process under which an assessment
is made of both the suitability and availability of the private sector
rental housing market using assumed specific standards related to
affordability, location, features, physical condition, and the housing
requirements of the total military population of such installation.
(2) The term ``military installation'' has the meaning given in
section 2801 of title 10, United States Code.
(3) The term ``Secretary concerned'' has the meaning given that term
in section 101(a) of title 10, United States Code.
SEC. 2822. NOTICE REQUIREMENT FOR MHPI GROUND LEASE EXTENSIONS.
Section 2878 of title 10, United States Code, is amended by adding at the
end the following new subsection:
``(f) Notice of Lease Extensions.--(1) The Secretary concerned shall provide
to the congressional defense committees notice in writing and a briefing--
``(A) not later than 60 days after beginning negotiations with a
lessor for the extension of the term of any ground lease of property or
facilities under this section; and
``(B) not later than 90 days before extending the term of any ground
lease of property or facilities under this section.
``(2) A notice and briefing required under paragraph (1) shall include each
of the following:
``(A) A description of any material differences between the extended
ground lease and the original ground lease, including with respect to--
``(i) the length of the term of the lease, as extended; and
``(ii) any new provisions that materially affect the rights
and responsibilities of the ground lessor or the ground lessee
under the original ground lease.
``(B) The number of housing units or facilities subject to the
ground lease that, during the lease extension, are to be--
``(i) constructed;
``(ii) demolished; or
``(iii) renovated.
``(C) The source of any additional financing the lessor has
obtained, or intends to obtain, during the term of the ground lease
extension that will be used for the development of the property or
facilities subject to the ground lease.
``(D) The following information, displayed annually, for the five-
year period preceding the date of the notice and briefing:
``(i) The debt-to-net operating income ratio for the
property or facility subject to the ground lease.
``(ii) The occupancy rates for the housing units subject to
the ground lease.
``(iii) An report on maintenance response times and
completion of maintenance requests for the housing units subject
to the ground lease.
``(iv) The occupancy rates and debt-to-net operating income
ratios of any other military privatized housing initiative
projects managed by a company that controls, or that is under
common control with, the ground lessee entering into the lease
extension.''.
SEC. 2823. ANNUAL BRIEFINGS ON MILITARY HOUSING PRIVATIZATION PROJECTS.
Section 2884 of title 10, United States Code, is amended by adding at the
end the following new subsection:
``(d) Annual Briefings.--Not later than February 1 of each year, each
Secretary concerned shall provide to the Committees on Armed Services of the
Senate and House of Representatives a briefing on military housing privatization
projects under the jurisdiction of the Secretary. Such briefing shall include,
for the 12-month period preceding the date of the briefing, each of the
following:
``(1) The information described in paragraphs (1) through (14) of
subsection (c) with respect to all military housing privatization
projects under the jurisdiction of the Secretary.
``(2) A review of any such project that is expected to require the
restructuring of a loan, including any public or private loan.
``(3) For any such project expected to require restructuring, a
timeline for when such restructuring is expected to occur.
``(4) Such other information as the Secretary determines
appropriate.''.
SEC. 2824. MOLD INSPECTION OF VACANT HOUSING UNITS.
Section 2891a of title 10, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new subsection
(e):
``(e) Requirements for Secretary Concerned.--The Secretary concerned shall
be responsible for--
``(1) providing for a mold inspection of each vacant housing unit
before any new tenant moves into the unit; and
``(2) providing to the new tenant the results of the inspection.''.
SEC. 2825. IMPLEMENTATION OF RECOMMENDATIONS FROM AUDIT OF MEDICAL CONDITIONS OF
RESIDENTS IN PRIVATIZED MILITARY HOUSING.
Not later than March 1, 2023, the Secretary of Defense shall implement the
recommendations contained in the report of the Inspector General of the
Department of Defense published on April 1, 2022, and titled ``Audit of Medical
Conditions of Residents in Privatized Military Housing'' (DODIG-2022-078).
Subtitle C--Real Property and Facilities Administration
SEC. 2831. AUTHORIZED LAND AND FACILITIES TRANSFER TO SUPPORT CONTRACTS WITH
FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.
(a) In General.--Chapter 159 of title 10, United States Code, is amended by
inserting after section 2668a the following new section:
``Sec. 2669. Transfer of land and facilities to support contracts with federally
funded research and development centers
``(a) Lease of Land, Facilities, and Improvements.--(1) The Secretary of a
military department may lease, for no consideration, land, facilities,
infrastructure, and improvements to a covered FFRDC if the lease is to further
the purposes of a contract between the Department of Defense and the covered
FFRDC.
``(2) A lease entered into under paragraph (1) shall terminate on the
earlier of the following dates:
``(A) The date that is 50 years after the date on which the
Secretary enters into the lease.
``(B) The date of the termination or non-renewal of the contract
between the Department of Defense and the covered FFRDC related to the
lease.
``(b) Conveyance of Facilities and Improvements.--(1) The Secretary of a
military department may convey, for no consideration, ownership of facilities
and improvements located on land leased to a covered FFRDC to further the
purposes of a contract between the Department of Defense and the covered FFRDC.
``(2) The ownership of any facilities and improvements conveyed by the
Secretary of a military department or any improvements made to the leased land
by the covered FFRDC under this subsection shall, as determined by the Secretary
of a military department, revert or transfer to the United States upon the
termination or non-renewal of the underlying land lease.
``(3) Any facilities and improvements conveyed by the Secretary of a
military department shall be demolished by the covered FFDRC as determined by
such Secretary.
``(c) Construction Standards.--A lease entered into under this section may
provide that any facilities constructed on the leased land may be constructed
using commercial standards in a manner that provides force protection safeguards
appropriate to the activities conducted in, and the location of, such
facilities.
``(d) Inapplicability of Certain Property Management Laws.--(1) The
conveyance or lease of property or facilities, improvements, and infrastructure
under this section shall not be subject to the following provisions of law:
``(A) Section 2667 of this title.
``(B) Section 1302 of title 40.
``(C) Section 501 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11411).
``(2) Sections 2662 and 2802 of this title shall not apply to any
improvements or facilities constructed by the covered FFRDC on land leased or
conveyed to a covered FFRDC described in subsection (a) or (b).
``(e) Competitive Procedures for Selection of Certain Lessees; Exception.--
If a proposed lease under this section is with respect to a covered FFRDC, the
use of competitive procedures for the selection of the lessee is not required
and the provisions of chapter 33 of title 41, United States Code, or chapter 221
of title 10, United States Code, and the related provisions of the Federal
Acquisition Regulation shall not apply.
``(f) Covered FFRDC Defined.--In this section, the term `covered FFRDC'
means a federally funded research and development center that is sponsored by,
and has entered into a contract with, the Department of Defense.''.
(b) Clerical Amendment.--The table of sections for chapter 159 of title 10,
United States Code, is amended by inserting after the item relating to section
2668a and inserting the following new item:
``2669. Transfer of land and facilities to support contracts with
federally funded research and development
centers.''.
SEC. 2832. LIMITATION ON USE OF FUNDS PENDING COMPLETION OF MILITARY
INSTALLATION RESILIENCE COMPONENT OF MASTER PLANS FOR AT-RISK
MAJOR MILITARY INSTALLATIONS.
Of the funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2023 for the Office of the Secretary of Defense for
administration and service-wide activities, not more than 50 percent may be
obligated or expended until the date on which each Secretary of a military
department has satisfied the requirements of section 2833 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C.
2864 note).
SEC. 2833. PHYSICAL ENTRANCES TO CERTAIN MILITARY INSTALLATIONS.
The Secretary of Defense shall ensure that, to the extent practicable that--
(1) each military installation in the United States has a designated
main entrance that, at all times, is manned by at least one member of
the Armed Forces or civilian employee of the Department of Defense;
(2) the location of each such designated main entrance is published
on a publicly accessible internet website of the Department;
(3) in the case of a military installation in the United States that
has any additional entrance designated for commercial deliveries to the
military installation, the location of such entrance (and any applicable
days or hours of operation for such entrance) is published on the same
internet website as the website referred to in paragraph (2); and
(4) the information required to be published on the internet website
under paragraph (2) is reviewed and, as necessary, updated on a basis
that is not less frequent than annually.
Subtitle D--Land Conveyances
SEC. 2841. EXTENSION OF TIME FRAME FOR LAND CONVEYANCE, SHARPE ARMY DEPOT,
LATHROP, CALIFORNIA.
Section 2833(g) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended by
striking ``one year'' and inserting ``three years''.
SEC. 2842. LAND CONVEYANCE, JOINT BASE CHARLESTON, SOUTH CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Air Force (in this section
referred to as the ``Secretary'') may convey to the City of North Charleston,
South Carolina (in this section referred to as the ``City'') all right, title,
and interest of the United States in and to a parcel of real property, including
any improvements thereon, consisting of approximately 26 acres known as the Old
Navy Yard at Joint Base Charleston, South Carolina, for the purpose of
permitting the City to use the property for economic development.
(b) Consideration.--
(1) In general.--As consideration for the conveyance under
subsection (a), the City shall pay to the Secretary an amount equal to
not less than the fair market value, as determined by the Secretary,
based on an appraisal of the property to be conveyed under such
subsection, which may consist of cash payment, in-kind consideration as
described under paragraph (3), or a combination thereof.
(2) Sufficiency of consideration.--
(A) In general.--Consideration paid to the Secretary under
paragraph (1) shall be in an amount sufficient, as determined by
the Secretary, to provide replacement space for, and for the
relocation of, any personnel, furniture, fixtures, equipment,
and personal property of any kind belonging to any military
department located upon the property to be conveyed under
subsection (a).
(B) Completion prior to conveyance.--Any cash consideration
shall be paid in full and any in-kind consideration shall be
complete, useable, and delivered to the satisfaction of the
Secretary at or prior to the conveyance under subsection (a).
(3) In-kind consideration.--In-kind consideration provided by the
City under paragraph (1) may include the acquisition, construction,
provision, improvement, maintenance, repair, or restoration (including
environmental restoration), or combination thereof, of any facilities or
infrastructure with proximity to Joint Base Charleston Weapons Station
(South Annex) and located on Joint Base Charleston, that the Secretary
considers acceptable.
(4) Treatment of cash consideration received.--Any cash
consideration received by the Secretary under paragraph (1) shall be
deposited in the special account in the Treasury under subparagraph (A)
of section 572(b)(5) of title 40, United States Code, and shall be
available in accordance with subparagraph (B)(ii) of such section.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--
(A) In general.--The Secretary may require the City to cover
all costs to be incurred by the Secretary, or to reimburse the
Secretary for costs incurred by the Secretary, to carry out the
conveyance under subsection (a), including survey costs,
appraisal costs, costs related to environmental documentation,
and any other administrative costs related to the conveyance.
(B) Refund of amounts.--If amounts paid by the City to the
Secretary in advance exceed the costs actually incurred by the
Secretary to carry out the conveyance under subsection (a), the
Secretary shall refund the excess amount to the City.
(2) Treatment of amounts received.--Amounts received under paragraph
(1) as reimbursement for costs incurred by the Secretary to carry out
the conveyance under subsection (a) shall be credited to the fund or
account that was used to cover the costs incurred by the Secretary in
carrying out the conveyance or to an appropriate fund or account
currently available to the Secretary for the purposes for which the
costs were paid. Amounts so credited shall be merged with amounts in
such fund or account and shall be available for the same purposes, and
to the same conditions and limitations, as amounts in such fund or
account.
(d) Description of Property.--The exact acreage and legal description of the
property to be conveyed under subsection (a) shall be determined by a survey
satisfactory to the Secretary.
(e) Condition of Conveyance.--The conveyance under subsection (a) shall be
subject to all valid existing rights and the City shall accept the property (and
any improvements thereon) in its condition at the time of the conveyance
(commonly known as a conveyance ``as is'').
(f) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the interests
of the United States.
(g) Old Navy Yard Defined.--In this section, the term ``Old Navy Yard''
includes the facilities used by the Naval Information Warfare Center Atlantic,
including buildings 1602, 1603, 1639, 1648, and such other facilities,
infrastructure, and land along or near the Cooper River waterfront at Joint Base
Charleston as the Secretary considers appropriate.
SEC. 2843. LAND CONVEYANCE, NAVAL AIR STATION OCEANA, DAM NECK ANNEX, VIRGINIA
BEACH, VIRGINIA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to the
Hampton Roads Sanitation District (in this section referred to as the ``HRSD'')
all right, title, and interest of the United States in and to a parcel of
installation real property, including any improvements thereon, consisting of
approximately 7.9 acres located at Naval Air Station Oceana in Dam Neck Annex,
Virginia Beach, Virginia. The Secretary may void any land use restrictions
associated with the property to be conveyed under this subsection.
(b) Consideration.--
(1) Amount and determination.--As consideration for the conveyance
under subsection (a), the HRSD shall pay to the Secretary of the Navy an
amount that is not less than the fair market value of the property
conveyed, as determined by the Secretary. Such determination of fair
market value shall be final. In lieu of all or a portion of cash payment
of consideration, the Secretary may accept in-kind consideration.
(2) Treatment of cash consideration.--The Secretary of the Navy
shall deposit any cash payment received under paragraph (1) in the
special account in the Treasury established for the Secretary of the
Navy under of paragraph (1) of section 2667(e) of title 10, United
States Code. The entire amount deposited shall be available for use in
accordance with subparagraph (D) of such paragraph.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Navy shall require the
HRSD to cover costs to be incurred by the Secretary, or to reimburse the
Secretary for costs incurred by the Secretary, to carry out the
conveyance under subsection (a), including survey costs, costs related
to environmental documentation, and any other administrative costs
related to the conveyance. If amounts are collected in advance of the
Secretary incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to the HRSD.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund or
account that was used to cover those costs incurred by the Secretary in
carrying out the conveyance. Amounts so credited shall be merged with
amounts in such fund or account and shall be available for the same
purposes, and subject to the same conditions and limitations, as amounts
in such fund or account.
(d) Description of Property.--The exact acreage and legal description of the
parcel of real property to be conveyed under subsection (a) shall be determined
by a survey satisfactory to the Secretary of the Navy.
(e) Additional Terms and Conditions.--The Secretary of the Navy may require
such additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the interests
of the United States.
SEC. 2844. LAND EXCHANGE, MARINE RESERVE TRAINING CENTER, OMAHA, NEBRASKA.
(a) Land Exchange Authorized.--The Secretary of the Navy may convey to the
Metropolitan Community College Area, a political subdivision of the State of
Nebraska (in this section referred to as the ``College''), all right, title, and
interest of the United States in and to a parcel of real property, including
improvements thereon, known as the Marine Reserve Training Center in Omaha,
Nebraska.
(b) Consideration.--As consideration for the conveyance under subsection
(a), the College shall convey to the Secretary of the Navy real property
interests, either adjacent or proximate, to Offutt Air Force Base, Nebraska.
(c) Land Exchange Agreement.--The Secretary of the Navy and the College may
enter into a land exchange agreement to implement this section.
(d) Valuation.--The value of each property interest to be exchanged by the
Secretary of the Navy and the College described in subsections (a) and (b) shall
be determined--
(1) by an independent appraiser selected by the Secretary; and
(2) in accordance with the Uniform Appraisal Standards for Federal
Land Acquisitions and the Uniform Standards of Professional Appraisal
Practice.
(e) Cash Equalization Payments.--
(1) To the secretary.--If the value of the property interests
described in subsection (a) is greater than the value of the property
interests described in subsection (b), the values shall be equalized
through either of the following or a combination thereof:
(A) A cash equalization payment from the College to the
Department of the Navy.
(B) In-kind consideration provided by the College, which may
include the acquisition, construction, provision, improvement,
maintenance, repair, or restoration (including environmental
restoration), or combination thereof, of any facilities or
infrastructure, or delivery of services relating to the needs of
Marine Corps Reserve Training Center Omaha.
(2) No equalization.--If the value of the property interests
described in subsection (b) is greater than the value of the property
interests described in subsection (a), the Secretary may not make a cash
equalization payment to equalize the values.
(f) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Navy shall require the
College to pay all costs to be incurred by the Secretary to carry out
the exchange of property interests under this section, including such
costs related to land survey, environmental documentation, real estate
due diligence such as appraisals, and any other administrative costs
related to the exchange of property interests, including costs incurred
preparing and executing a land exchange agreement authorized under
subsection (c). If amounts are collected from the College in advance of
the Secretary incurring the actual costs and the amount collected
exceeds the costs actually incurred by the Secretary to carry out the
exchange of property interests, the Secretary shall refund the excess
amount to the College.
(2) Treatment of amounts received.--Amounts received by the
Secretary of the Navy under paragraph (1) shall be used in accordance
with section 2695(c) of title 10, United States Code.
(g) Description of Property.--The exact acreage and legal description of the
property interests to be exchanged under this section shall be determined by
surveys that are satisfactory to the Secretary of the Navy.
(h) Conveyance Agreement.--The exchange of real property interests under
this section shall be accomplished using an appropriate legal instrument and
upon terms and conditions mutually satisfactory to the Secretary of the Navy and
the College, including such additional terms and conditions as the Secretary
considers appropriate to protect the interests of the United States.
(i) Exemption From Screening Requirements for Additional Federal Use.--The
authority under this section is exempt from the screening process required under
section 2696(b) of title 10, United States Code.
SEC. 2845. LAND CONVEYANCE, STARKVILLE, MISSISSIPPI.
(a) Conveyance Authorized.--The Secretary of the Army (in this section
referred to as the ``Secretary'') may convey to the City of Starkville,
Mississippi (in this section referred to as the ``City''), all right, title, and
interest of the United States in and to a parcel of real property, including
improvements thereon, consisting of approximately five acres, located at 343
Highway 12, Starkville, Mississippi 39759, to be used for economic development
purposes.
(b) Consideration.--
(1) In general.--As consideration for the conveyance of property
under subsection (a), the City shall pay to the United States an amount
equal to the fair market value of the property to be conveyed. The
Secretary shall determine the fair market value of the property using an
independent appraisal based on the highest and best use of the property.
(2) Determination of fair market value.--The Secretary shall
determine the fair market value of the property to be conveyed under
subsection (a) using an independent appraisal based on the highest and
best use of the property.
(3) Treatment of consideration received.--Consideration received
under paragraph (1) shall be deposited in the special account in the
Treasury established under subsection (b) of section 572 of title 40,
United States Code, and shall be available in accordance with paragraph
(5)(B) of such subsection.
(c) Payment of Costs of Conveyance.--
(1) Payment.--
(A) In general.--The Secretary may require the City to cover
all costs (except costs for environmental remediation of the
property under the Comprehensive Environmental Response,
Compensation and Liability Act 1980 (42 U.S.C. 9601 et seq.)) to
be incurred by the Secretary, or to reimburse the Secretary for
costs incurred by the Secretary, to carry out the conveyance
under subsection (a), including survey costs, costs for
environmental documentation, and any other administrative costs
related to the conveyance.
(B) Refund.--If amounts are collected from the City under
subparagraph (A) in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the conveyance
under subsection (a), the Secretary shall refund the excess
amount to the City.
(2) Treatment of amounts received.--Amounts received under paragraph
(1) as reimbursement for costs incurred by the Secretary to carry out
the conveyance under subsection (a) shall be credited to the fund or
account that was used to cover the costs incurred by the Secretary in
carrying out the conveyance, or to an appropriate fund or account
currently available to the Secretary for the purposes for which the
costs were paid. Amounts so credited shall be merged with amounts in
such fund or account and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such fund
or account.
(d) Description of Property.--The exact acreage and legal description of the
property to be conveyed under subsection (a) shall be determined by a survey
satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the interests
of the United States.
Subtitle E--Miscellaneous Studies and Reports
SEC. 2851. STUDY ON PRACTICES WITH RESPECT TO DEVELOPMENT OF MILITARY
CONSTRUCTION PROJECTS.
(a) Study Required.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall seek to enter into an agreement with
a federally funded research and development center for the conduct of a study on
the practices of the Department of Defense with respect to the development of
military construction projects.
(b) Elements.--An agreement under subsection (a) shall specify that the
study conducted pursuant to the agreement shall address each of the following:
(1) Practices with respect to adoption of Unified Facilities
Criteria changes and the inclusion of such changes into advanced
planning, Department of Defense Form 1391 documentation, and planning
and design.
(2) Practices with respect to how sustainable materials, such as
mass timber and low carbon concrete, are assessed and included in
advanced planning, Department of Defense Form 1391 documentation, and
planning and design.
(3) Barriers to incorporating innovative techniques, including 3D
printed building techniques.
(4) Whether the Strategic Environmental Research and Development
Program (established under section 2901 of title 10, United States Code)
or the Environmental Security Technology Certification Program could be
used to validate such sustainable materials and innovative techniques to
encourage the use of such sustainable materials and innovative
techniques by the Army Corps of Engineers and the Naval Facilities
Engineering Systems Command.
(c) Report to Congress.--Not later than 60 days after the completion of the
study described in this section, the Secretary of Defense shall submit to the
congressional defense committees a report on the results of the study.
SEC. 2852. REPORT ON CAPACITY OF DEPARTMENT OF DEFENSE TO PROVIDE SURVIVORS OF
NATURAL DISASTERS WITH EMERGENCY SHORT-TERM HOUSING.
Not later than 220 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional defense committees a
report analyzing the capacity of the Department of Defense to provide survivors
of natural disasters with emergency short-term housing.
SEC. 2853. REPORTING ON LEAD SERVICE LINES AND LEAD PLUMBING.
(a) Initial Report.--Not later than January 1, 2025, the Under Secretary of
Defense for Acquisition and Sustainment shall submit to the congressional
defense committees a report that includes--
(1) a list of military installations (including Government-owned
family housing facilities), military housing, and privatized military
housing projects that, as of the date of the report, are being serviced
by lead service lines or lead plumbing for the purposes of receiving
drinking water;
(2) an evaluation of whether military installations and privatized
military housing projects are in compliance with the Lead and Copper
Rule and, to the extent that such installations and projects are not in
compliance, an identification of--
(A) the name and location of each such installation or
project that is not in compliance; and
(B) the timeline and plan for bringing each such
installation or project into compliance; and
(3) an identification of steps and resources needed to remove any
remaining lead plumbing from military installations and housing.
(b) Inclusion of Information in Annual Report.--If, after reviewing the
initial report required under subsection (a), the Secretary of Defense finds
that any military installation or privatized family housing project is not in
compliance with the Lead and Copper Rule, the Secretary shall include in the
annual report on defense environmental programs required under section 2711 of
title 10, United States Code, for each year after the year in which the initial
report is submitted, an update on the efforts of the Secretary, including
negotiations with privatized military family housing providers, to fully comply
with the Lead and Copper Rule.
SEC. 2854. BRIEFING ON ATTEMPTS TO ACQUIRE LAND NEAR UNITED STATES MILITARY
INSTALLATIONS BY THE PEOPLE'S REPUBLIC OF CHINA.
The Under Secretary of Defense for Acquisition and Sustainment, in
consultation with the head of the Department of the Air Force Office of Special
Investigations, shall provide a briefing to the Committees on Armed Services of
the Senate and the House of Representatives not later than June 1, 2023, that
details--
(1) attempts by the People's Republic of China to acquire land that
is located in close proximity (as determined by the Secretary of
Defense) to a United States military installation; and
(2) ongoing Department of Defense efforts to counter such attempts.
Subtitle F--Other Matters
SEC. 2861. REQUIRED CONSULTATION WITH STATE AND LOCAL ENTITIES FOR NOTIFICATIONS
RELATED TO THE BASING DECISION-MAKING PROCESS.
Section 483(c) of title 10, United States Code, is amended by adding at the
end a new paragraph:
``(6) With respect to any decision of the Secretary concerned that
would result in a significant increase in the number of members of the
Armed Forces assigned to a military installation, a description of the
consultation with appropriate State and local entities regarding the
basing decision to ensure consideration of matters affecting the local
community, including requirements for transportation, utility
infrastructure, housing, education, and family support activities.''.
SEC. 2862. INCLUSION IN DEFENSE COMMUNITY INFRASTRUCTURE PILOT PROGRAM OF
CERTAIN PROJECTS FOR ROTC TRAINING.
Section 2391 of title 10, United States Code, is further amended--
(1) in subsection (d)(1)(B)--
(A) by redesignating clauses (ii) and (iii) as clauses (iii)
and (iv), respectively; and
(B) by inserting after clause (i) the following new clause
(ii):
``(ii) Projects that will contribute to the training of cadets
enrolled in an independent Reserve Officer Training Corps program at a
covered educational institution.''; and
(2) in subsection (e), by adding at the end the following new
paragraph:
``(6) The term `covered educational institution' means a college or
university that is--
``(A) a part B institution, as defined in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061);
``(B) an 1890 Institution, as defined in section 2 of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7601);
``(C) not affiliated with a consortium; and
``(D) located at least 40 miles from a major military
installation.''.
SEC. 2863. INCLUSION OF INFRASTRUCTURE IMPROVEMENTS IDENTIFIED IN THE REPORT ON
STRATEGIC SEAPORTS IN DEFENSE COMMUNITY INFRASTRUCTURE PILOT
PROGRAM.
Section 2391(d) of title 10, United States Code, as amended by this Act, is
further amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs (4) and
(5), respectively; and
(2) by inserting after paragraph (2) the following new paragraph
(3):
``(3) In selecting community infrastructure projects to receive assistance
under this subsection, the Secretary shall consider infrastructure improvements
identified in the report on strategic seaports required by section 3515 of the
National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1985).''.
SEC. 2864. INCLUSION OF CERTAIN PROPERTY FOR PURPOSES OF DEFENSE COMMUNITY
INFRASTRUCTURE PILOT PROGRAM.
Section 2391(e)(4)(A)(i) of title 10, United States Code, as amended by this
Act, is further amended by inserting ``or on property under the jurisdiction of
a Secretary of a military department that is subject to a real estate agreement
(including a lease or easement)'' after ``installation''.
SEC. 2865. EXPANSION OF PILOT PROGRAM ON INCREASED USE OF SUSTAINABLE BUILDING
MATERIALS IN MILITARY CONSTRUCTION TO INCLUDE LOCATIONS THROUGHOUT
THE UNITED STATES.
Section 2861(b)(2) of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 10 U.S.C. 2802 note) is amended in the matter preceding
subparagraph (A) by striking ``continental''.
SEC. 2866. BASING DECISION SCORECARD CONSISTENCY AND TRANSPARENCY.
Section 2883(h) of the Military Construction Authorization Act for Fiscal
Year 2021 (Public Law 116-283; 10 U.S.C. 1781b note) is amended--
(1) by amending paragraph (3) to read as follows:
``(3) Availability.--
``(A) In general.--A current version of each scorecard
established under this subsection shall be available to the
public through an Internet website of the military department
concerned.
``(B) Methodology and criteria.--
``(i) Availability.--Each Secretary of a military
department shall publish on the website described in
subparagraph (A) the methodology and criteria each time
such Secretary establishes or updates a scorecard.
``(ii) Public comment.--Each Secretary of a military
department shall establish a 60-day public comment
period beginning on each date of publication of such
methodology and criteria.''; and
(2) by adding at the end the following new paragraph:
``(4) Coordination.--In establishing or updating a scorecard under
this subsection, each Secretary of the military department concerned
shall coordinate with the Secretary of Defense to ensure consistency
across the military departments.''.
SEC. 2867. TEMPORARY AUTHORITY FOR ACCEPTANCE AND USE OF FUNDS FOR CERTAIN
CONSTRUCTION PROJECTS IN THE REPUBLIC OF KOREA.
Section 2863 of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1899) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``cash''; and
(ii) in subparagraph (B), by inserting ``and
construction'' after ``The design''; and
(B) by adding at the end the following new paragraph:
``(3) Method of contribution.--Contributions may be accepted under
this subsection in any of the forms referred to in section 2350k(c) of
title 10, United States Code.''; and
(2) in subsection (b), by striking ``Contributions'' and inserting
``Cash contributions''.
SEC. 2868. REPEAL OF REQUIREMENT FOR INTERAGENCY COORDINATION GROUP OF
INSPECTORS GENERAL FOR GUAM REALIGNMENT.
Section 2835 of the Military Construction Authorization Act for Fiscal Year
2010 (division B of Public Law 111-84; 10 U.S.C. 2687 note) is repealed.
SEC. 2869. LEASE OR USE AGREEMENT FOR CATEGORY 3 SUBTERRANEAN TRAINING FACILITY.
(a) In General.--The Secretary of Defense may seek to enter into a lease or
use agreement with a category 3 subterranean training facility that--
(1) is located in close proximity (as determined by the Secretary of
Defense) to the home station of an air assault unit or a special
operations force; and
(2) has the capacity to--
(A) provide brigade or large full-mission profile training;
(B) rapidly replicate full-scale underground venues;
(C) support helicopter landing zones; and
(D) support underground live fire.
(b) Use of Facility.--A lease or use agreement entered into pursuant to
subsection (a) shall provide that the category 3 subterranean training facility
shall be made available for--
(1) hosting of training and testing exercises for--
(A) members of the Armed Forces, including members a special
operations force;
(B) personnel of combat support agencies, including the
Defense Threat Reduction Agency; and
(C) such other personnel as the Secretary of Defense
determines appropriate; and
(2) such other purposes as the Secretary of Defense determines
appropriate.
(c) Duration.--The duration of any lease or use agreement entered into
pursuant to subsection (a) shall be for a period of not less than 5 years.
(d) Category 3 Subterranean Training Facility Defined.--In this section, the
term ``category 3 subterranean training facility'' means an underground
structure designed and built--
(1) to be unobserved and to provide maximum protection; and
(2) to serve as a command and control, operations, storage,
production, and protection facility.
(e) Conforming Repeal.--Section 375 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 2001 note prec.) is
repealed.
SEC. 2870. LIMITATION ON USE OF FUNDS FOR CLOSURE OF COMBAT READINESS TRAINING
CENTERS.
(a) Limitation.--None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2023 for the Air Force may be
obligated or expended to close, or prepare to close, any combat readiness
training center.
(b) Waiver.--The Secretary of the Air Force may waive the limitation under
subsection (a) with respect to a combat readiness training center if the
Secretary submits to the congressional defense committees the following:
(1) A certification that--
(A) the closure of the center would not be in violation of
section 2687 of title 10, United States Code; and
(B) the support capabilities provided by the center will not
be diminished as a result of the closure of the center.
(2) A report that includes--
(A) a detailed business case analysis for the closure of the
center; and
(B) an assessment of the effects the closure of the center
would have on training units of the Armed Forces, including any
active duty units that may use the center.
SEC. 2871. REQUIRED INVESTMENTS IN IMPROVING CHILD DEVELOPMENT CENTERS.
(a) Investments in Child Development Centers.--Of the total amount
authorized to be appropriated for fiscal year 2023 for the Department of Defense
for Facilities Sustainment, Restoration, and Modernization activities of a
military department, the Secretary of that military department shall reserve an
amount greater than or equal to one percent of the estimated replacement cost
for fiscal year 2023 of the total inventory of child development centers under
the jurisdiction of that Secretary for the purpose of carrying out projects for
the improvement of child development centers.
(b) Child Development Center Defined.--In this section, the term ``child
development center'' has meaning given the term ``military child development
center'' in section 1800(1) of title 10, United States Code.
SEC. 2872. INTERAGENCY REGIONAL COORDINATOR FOR RESILIENCE PILOT PROJECT.
(a) Pilot Project.--The Secretary of Defense shall carry out a pilot program
under which the Secretary shall establish within the Department of Defense four
Interagency Regional Coordinators. Each Interagency Regional Coordinator shall
be responsible for improving the resilience of a community that supports a
military installation and serving as a model for enhancing community resilience
before disaster strikes.
(b) Selection.--Each Interagency Regional Coordinator shall support military
installations and surrounding communities within a geographic area, with at
least one such Coordinator serving each of the East, West, and Gulf coasts. For
purposes of the project, the Secretary shall select geographic areas--
(1) with significant sea level rise and recurrent flooding that
prevents members of the Armed Forces from reaching their posts or
jeopardizes military readiness; and
(2) where communities have collaborated on multi-jurisdictional
climate adaptation planning efforts, including such collaboration with
the Army Corps of Engineers Civil Works Department and through Joint
Land Use Studies.
(c) Collaboration.--In carrying out the pilot project, the Secretary shall
build on existing efforts through collaboration with State and local entities,
including emergency management, transportation, planning, housing, community
development, natural resource managers, and governing bodies and with the heads
of appropriate Federal departments and agencies.
SEC. 2873. ACCESS TO MILITARY INSTALLATIONS FOR HOMELAND SECURITY INVESTIGATIONS
PERSONNEL IN GUAM.
The commander of a military installation located in Guam shall grant to an
officer or employee of Homeland Security Investigations the same access to such
military installation such commander grants to an officer or employee of U.S.
Customs and Border Protection or of the Federal Bureau of Investigation.
SEC. 2874. PROHIBITION ON JOINT USE OF HOMESTEAD AIR RESERVE BASE WITH CIVIL
AVIATION.
On or before September 30, 2026, the Secretary of the Air Force may not
enter into an agreement that would provide for or permit the joint use of
Homestead Air Reserve Base, Homestead, Florida, by the Air Force and civil
aircraft.
SEC. 2875. ELECTRICAL CHARGING CAPABILITY CONSTRUCTION REQUIREMENTS RELATING TO
PARKING FOR FEDERAL GOVERNMENT MOTOR VEHICLES.
(a) In General.--If the Secretary concerned develops plans for a project to
construct any facility that includes or will include parking for covered motor
vehicles, the Secretary concerned shall include in any Department of Defense
Form 1391, or successor form, submitted to Congress for that project--
(1) the provision of electric vehicle charging capability at the
facility adequate to provide electrical charging, concurrently, for not
less than 15 percent of all covered motor vehicles planned to be parked
at the facility;
(2) the inclusion of the cost of constructing such capability in the
overall cost of the project; and
(3) an analysis of whether a parking structure or lot will be the
primary charging area for covered motor vehicles or if another area,
such as public works or the motor pool, will be the primary charging
area.
(b) Definitions.--In this section:
(1) The term ``covered motor vehicle'' means a Federal Government
motor vehicle, including a motor vehicle leased by the Federal
Government.
(2) The term ``Secretary concerned'' means--
(A) the Secretary of a military department with respect to
facilities under the jurisdiction of that Secretary; and
(B) the Secretary of Defense with respect to matters
concerning the Defense Agencies and facilities of a reserve
component owned by a State rather than the United States.
TITLE XXIX--FALLON RANGE TRAINING COMPLEX
Subtitle A--Fallon Range Training Complex
Sec. 2901. Military land withdrawal for Fallon Range Training Complex.
Sec. 2902. Numu Newe Special Management Area.
Sec. 2903. National conservation areas.
Sec. 2904. Collaboration with State and county.
Sec. 2905. Wilderness areas in Churchill County, Nevada.
Sec. 2906. Release of wilderness study areas.
Sec. 2907. Land conveyances and exchanges.
Sec. 2908. Checkerboard resolution.
Subtitle B--Lander County Economic Development and Conservation
Sec. 2911. Definitions.
Part I--Lander County Public Purpose Land Conveyances
Sec. 2921. Definitions.
Sec. 2922. Conveyances to Lander County, Nevada.
Part II--Lander County Wilderness Areas
Sec. 2931. Definitions.
Sec. 2932. Designation of wilderness areas.
Sec. 2933. Release of wilderness study areas.
Subtitle A--Fallon Range Training Complex
SEC. 2901. MILITARY LAND WITHDRAWAL FOR FALLON RANGE TRAINING COMPLEX.
The Military Land Withdrawals Act of 2013 (Public Law 113-66; 127 Stat.
1025) is amended by adding at the end the following:
``Subtitle G--Fallon Range Training Complex, Nevada
``SEC. 2981. WITHDRAWAL AND RESERVATION OF PUBLIC LAND.
``(a) Withdrawal.--
``(1) Bombing ranges.--Subject to valid rights in existence on the
date of enactment of this subtitle, and except as otherwise provided in
this subtitle, the land established as the B-16, B-17, B-19, and B-20
Ranges, as referred to in subsection (b), and all other areas within the
boundary of such land as depicted on the map entitled `Churchill County
Proposed Fallon Range Training Complex Modernization and Lands Bill' and
dated November 30, 2022, which may become subject to the operation of
the public land laws, are withdrawn from all forms of--
``(A) entry, appropriation, or disposal under the public
land laws;
``(B) location, entry, and patent under the mining laws; and
``(C) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
``(2) Dixie valley training area.--The land and interests in land
within the boundaries established at the Dixie Valley Training Area, as
referred to in subsection (b), are withdrawn from all forms of--
``(A) entry, appropriation, or disposal under the public
land laws; and
``(B) location, entry, and patent under the mining laws.
``(b) Description of Land.--The public land and interests in land withdrawn
and reserved by this section comprise approximately 790,825 acres of land in
Churchill County, Lyon County, Mineral County, Pershing County, and Nye County,
Nevada, as generally depicted as `Proposed FRTC Modernization' and `Existing
Navy Withdrawal Areas' on the map entitled `Churchill County Proposed Fallon
Range Training Complex Modernization and Lands Bill', dated November 30, 2022,
and filed in accordance with section 2912. The ranges in the Fallon Range
Training Complex described in this subsection are identified as B-16, B-17, B-
19, B-20, Dixie Valley Training Area and the Shoal Site.
``(c) Purpose of Withdrawal and Reservation.--
``(1) Bombing ranges.--The land withdrawn by subsection (a)(1) is
reserved for use by the Secretary of the Navy for--
``(A) aerial testing and training, bombing, missile firing,
electronic warfare, tactical combat maneuvering, and air
support;
``(B) ground combat tactical maneuvering and firing; and
``(C) other defense-related purposes that are--
``(i) consistent with the purposes specified in the
preceding paragraphs; and
``(ii) authorized under section 2914.
``(2) Dixie valley training area.--The land withdrawn by subsection
(a)(2) is reserved for use by the Secretary of the Navy for--
``(A) aerial testing and training, electronic warfare,
tactical combat maneuvering, and air support; and
``(B) ground combat tactical maneuvering.
``(d) Inapplicability of General Provisions.--Notwithstanding section
2911(a) and except as otherwise provided in this subtitle, sections 2913 and
2914 shall not apply to the land withdrawn by subsection (a)(2).
``SEC. 2982. MANAGEMENT OF WITHDRAWN AND RESERVED LAND.
``(a) Management by the Secretary of the Navy.--During the duration of the
withdrawal under section 2981, the Secretary of the Navy shall manage the land
withdrawn and reserved comprising the B-16, B-17, B-19, and B-20 Ranges for the
purposes described in section 2981(c)--
``(1) in accordance with--
``(A) an integrated natural resources management plan
prepared and implemented under title I of the Sikes Act (16
U.S.C. 670a et seq.);
``(B) a written agreement between the Secretary of the Navy
and the Governor of Nevada that provides for a minimum of 15
days annually for big game hunting on portions of the B-17 Range
consistent with military training requirements;
``(C) a programmatic agreement between the Secretary of the
Navy and the Nevada State Historic Preservation Officer and
other parties, as appropriate, regarding management of historic
properties as the properties relate to operation, maintenance,
training, and construction at the Fallon Range Training Complex;
``(D) written agreements between the Secretary of the Navy
and affected Indian tribes and other stakeholders to accommodate
access by Indian tribes and State and local governments to the
B-16, B-17, B-19, and B-20 Ranges consistent with military
training requirements and public safety;
``(E) a written agreement entered into by the Secretary of
the Navy and affected Indian tribes that provides for regular,
guaranteed access, consisting of a minimum of 4 days per month,
for affected Indian tribes; and
``(F) any other applicable law; and
``(2) in a manner that--
``(A) provides that any portion of the land withdrawn by
section 2981(a) that is located outside of the Weapons Danger
Zone, as determined by the Secretary of the Navy, shall be
relinquished to the Secretary of the Interior and managed under
all applicable public land laws;
``(B) ensures that the Secretary of the Navy avoids target
placement and training within--
``(i) biologically sensitive areas, as mapped in the
Record of Decision for the Fallon Range Training Complex
Modernization Final Environmental Impact Statement dated
March 12, 2020; and
``(ii) to the maximum extent practicable, areas that
have cultural, religious, and archaeological resources
of importance to affected Indian tribes;
``(C) ensures that access is provided for special events,
administrative, cultural, educational, wildlife management, and
emergency management purposes; and
``(D) provides that within the B-17 Range the placement of
air to ground ordnance targets shall be prohibited throughout
the entirety of the withdrawal in the areas identified as the
`Monte Cristo Range Protection Area' on the map entitled
`Churchill County Proposed Fallon Range Training Complex
Modernization and Lands Bill' and dated November 30, 2022.
``(b) Management by the Secretary of the Interior.--
``(1) In general.--During the duration of the withdrawal under
section 2981, the Secretary of the Interior shall manage the land
withdrawn and reserved comprising the Dixie Valley Training Area and the
Shoal Site for the applicable purposes described in section 2981(c) in
accordance with--
``(A) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
``(B) the Record of Decision for the Fallon Range Training
Complex Modernization Final Environmental Impact Statement dated
March 12, 2020;
``(C) this subtitle; and
``(D) any other applicable law.
``(2) Consultation with secretary of the navy.--Prior to authorizing
any use of the land comprising the Dixie Valley Training Area or Shoal
Site withdrawn and reserved by section 2981, the Secretary of the
Interior shall consult with the Secretary of the Navy. Such consultation
shall include--
``(A) informing the Secretary of the Navy of the pending
authorization request so that the Secretary of the Navy and the
Secretary of the Interior may work together to preserve the
training environment; and
``(B) prior to authorizing any installation or use of mobile
or stationary equipment used to transmit and receive radio
signals, obtaining permission from the Secretary of the Navy to
authorize the use of such equipment.
``(3) Agreement.--The Secretary of the Navy and the Secretary of the
Interior shall enter into an agreement describing the roles and
responsibilities of each Secretary with respect to the management and
use of the Dixie Valley Training Area and Shoal Site to ensure no
closure of an existing county road and no restrictions or curtailment on
public access for the duration of the withdrawal while preserving the
training environment and in accordance with this subsection.
``(4) Access.--The land comprising the Dixie Valley Training Area
withdrawn and reserved by section 2981(a)(2) shall remain open for
public access for the duration of the withdrawal.
``(5) Authorized uses.--Subject to applicable laws and policy, the
following uses are permitted in the Dixie Valley Training Area for the
duration of the withdrawal:
``(A) Livestock grazing.
``(B) Geothermal exploration and development west of State
Route 121, as managed by the Bureau of Land Management in
coordination with the Secretary of the Navy.
``(C) Exploration and development of salable minerals or
other fluid or leasable minerals, as managed by the Bureau of
Land Management in coordination with the Secretary of the Navy.
``(6) Infrastructure.--The Secretary of the Navy and the Secretary
of the Interior shall allow water and utility infrastructure within the
Dixie Valley Training Area withdrawn by section 2981(a)(2) as described
in sections 2995(a)(4) and 2996.
``(c) Limitation on Use of Land Prior to Completion of Commitments.--
``(1) In general.--The Secretary of the Navy shall not make
operational use of the expanded area of the B-16, B-17, or B-20 Ranges,
as depicted on the map entitled `Churchill County Proposed Fallon Range
Training Complex Modernization and Lands Bill' and dated November 30,
2022, that were not subject to previous withdrawals comprising the
Fallon Range Training Complex which are withdrawn and reserved by
section 2981 until the Secretary of the Navy and the Secretary of the
Interior certify in writing to the Committee on Armed Services, the
Committee on Energy and Natural Resources, and the Committee on Indian
Affairs of the Senate and the Committee on Armed Services and the
Committee on Natural Resources of the House of Representatives on the
completion of the commitments pertaining to each range from the Record
of Decision for the Fallon Range Training Complex Modernization Final
Environmental Impact Statement dated March 12, 2020, and the provisions
of this subtitle. The Secretary of the Navy and the Secretary of the
Interior may submit certifications for individual ranges to allow
operational use of a specific range prior to completion of commitments
related to other ranges.
``(2) Public access.--Public access to the existing Pole Line Road
shall be maintained until completion of construction of an alternate
route as specified by section 2991(a)(2)(B).
``(3) Payment.--Not later than 1 year after the date of enactment of
this subtitle, subject to the availability of appropriations, from
amounts appropriated to the Secretary of the Navy for operation and
maintenance, the Secretary of the Navy shall transfer to Churchill
County, Nevada, $20,000,000 for deposit in an account designated by
Churchill County, Nevada, to resolve the loss of public access and
multiple use within Churchill County, Nevada.
``SEC. 2983. ORDNANCE LANDING OUTSIDE TARGET AREAS.
``The Secretary of the Navy, in the administration of an Operational Range
Clearance program, shall ensure that tracked ordnance (bombs, missiles, and
rockets) known to have landed outside a target area in the B-17 and B-20 Ranges
is removed within 180 days of the event and, to the extent practicable, tracked
ordnance known to have landed within the Monte Cristo Range Protection Area
described in section 2982(a)(2)(D) shall be removed within 45 days of the event.
The Secretary of the Navy shall report to the Fallon Range Training Complex
Intergovernmental Executive Committee directed by section 3011(a)(5) of the
Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106-65; 113 Stat.
885; 134 Stat. 4349) not less frequently than annually, instances in which
ordnance land outside target areas and the status of efforts to clear such
ordnance.
``SEC. 2984. RELATIONSHIP TO OTHER RESERVATIONS.
``(a) B-16 and B-20 Ranges.--To the extent the withdrawal and reservation
made by section 2981 for the B-16 and B-20 Ranges withdraws land currently
withdrawn and reserved for use by the Bureau of Reclamation, the reservation
made by section 2981 shall be the primary reservation for public safety
management actions only, and the existing Bureau of Reclamation reservation
shall be the primary reservation for all other management actions. The Secretary
of the Navy shall enter into an agreement with the Secretary of the Interior to
ensure continued access to the B-16 and B-20 Ranges by the Bureau of Reclamation
to conduct management activities consistent with the purposes for which the
Bureau of Reclamation withdrawal was established.
``(b) Shoal Site.--The Secretary of Energy shall remain responsible and
liable for the subsurface estate and all activities of the Secretary of Energy
at the Shoal Site withdrawn and reserved by Public Land Order Number 2771, as
amended by Public Land Order Number 2834.
``SEC. 2985. INTEGRATED NATURAL RESOURCES MANAGEMENT PLAN.
``(a) Preparation Required.--
``(1) Preparation; deadline.--Within 2 years after the date of
enactment of this subtitle, the Secretary of the Navy shall update the
current integrated natural resources management plan for the land
withdrawn and reserved by section 2981.
``(2) Coordination.--The Secretary of the Navy shall prepare the
integrated natural resources management plan in coordination with the
Secretary of the Interior, the State of Nevada, Churchill County,
Nevada, other impacted counties in the State of Nevada, and affected
Indian tribes.
``(b) Resolution of Conflicts.--
``(1) In general.--Any disagreement among the parties referred to in
subsection (a) concerning the contents or implementation of the
integrated natural resources management plan prepared under that
subsection or an amendment to the management plan shall be resolved by
the Secretary of the Navy, the Secretary of the Interior, and the State
of Nevada, acting through--
``(A) the State Director of the Nevada State Office of the
Bureau of Land Management;
``(B) the Commanding Officer of Naval Air Station Fallon,
Nevada;
``(C) the State Director of the Nevada Department of
Wildlife;
``(D) if appropriate, the Regional Director of the Pacific
Southwest Region of the United States Fish and Wildlife Service;
and
``(E) if appropriate, the Regional Director of the Western
Region of the Bureau of Indian Affairs.
``(2) Consultation.--Prior to the resolution of any conflict under
paragraph (1), the Secretary of the Navy shall consult with the
Intergovernmental Executive Committee in accordance with section
3011(a)(5) of the Military Lands Withdrawal Act of 1999 (title XXX of
Public Law 106-65; 113 Stat. 885; 134 Stat. 4349).
``(c) Elements of Plan.--Subject to subsection (b), the integrated natural
resources management plan under subsection (a)--
``(1) shall be prepared and implemented in accordance with the Sikes
Act (16 U.S.C. 670 et seq.);
``(2) shall include provisions for--
``(A) proper management and protection of the natural
resources of the land; and
``(B) sustainable use by the public of such resources to the
extent consistent with the military purposes for which the land
is withdrawn and reserved;
``(3) shall coordinate access with the Nevada Department of Wildlife
to manage hunting, fishing, and trapping on the land where compatible
with the military mission;
``(4) shall provide for livestock grazing and agricultural out-
leasing on the land, if appropriate--
``(A) in accordance with section 2667 of title 10, United
States Code; and
``(B) at the discretion of the Secretary of the Navy;
``(5) shall identify current test and target impact areas and
related buffer or safety zones on the land;
``(6) shall provide that the Secretary of the Navy--
``(A) shall take necessary actions to prevent, suppress,
manage, and rehabilitate brush and range fires occurring on land
withdrawn or owned within the Fallon Range Training Complex and
fires resulting from military activities outside the withdrawn
or owned land of the Fallon Range Training Complex; and
``(B) notwithstanding section 2465 of title 10, United
States Code--
``(i) may obligate funds appropriated or otherwise
available to the Secretary of the Navy to enter into
memoranda of understanding, cooperative agreements, and
contracts for fire management; and
``(ii) shall reimburse the Secretary of the Interior
for costs incurred under this paragraph;
``(7) shall provide that all gates, fences, and barriers constructed
after the date of enactment of this subtitle shall be designed and
erected, to the maximum extent practicable and consistent with military
security, safety, and sound wildlife management use, to allow for
wildlife access;
``(8) if determined appropriate by the Secretary of the Navy, the
Secretary of the Interior, and the State of Nevada after review of any
existing management plans applicable to the land, shall incorporate the
existing management plans;
``(9) shall include procedures to ensure that--
``(A) the periodic reviews of the integrated natural
resources management plan required by the Sikes Act (16 U.S.C.
670 et seq.) are conducted jointly by the Secretary of the Navy,
the Secretary of the Interior, and the State of Nevada; and
``(B) affected counties and affected Indian tribes and the
public are provided a meaningful opportunity to comment on any
substantial revisions to the plan that may be proposed pursuant
to such a review;
``(10) shall provide procedures to amend the integrated natural
resources management plan as necessary;
``(11) shall allow access to, and ceremonial use of, Tribal sacred
sites to the extent consistent with the military purposes for which the
land is withdrawn and reserved by section 2981(a); and
``(12) shall provide for timely consultation with affected Indian
tribes.
``SEC. 2986. USE OF MINERAL MATERIALS.
``Notwithstanding any other provision of this subtitle or of the Act of July
31, 1947 (commonly known as the Materials Act of 1947; 30 U.S.C. 601 et seq.),
the Secretary of the Navy may use sand, gravel, or similar mineral materials
resources of the type subject to disposition under that Act from land withdrawn
and reserved by this subtitle if use of such resources is required for
construction needs on the land.
``SEC. 2987. TRIBAL ACCESS AGREEMENT AND CULTURAL RESOURCES SURVEY.
``(a) Tribal Access Agreement.--
``(1) In general.--Not later than 120 days after the date of
enactment of this subtitle, the Secretary of the Navy and the Secretary
of the Interior shall enter into an agreement with each affected Indian
tribe for the purpose of establishing continued, regular, and timely
access to the land withdrawn and reserved by section 2981, including all
land subject to previous withdrawals under section 3011(a) of the
Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106-65;
113 Stat. 885), for cultural, religious, gathering and ceremonial uses
by affected Indian tribes.
``(2) Access.--The Secretary of the Navy shall--
``(A) provide access in accordance with the agreement
entered into under paragraph (1); and
``(B) to the extent practicable and consistent with
operational, safety, and security needs, seek to minimize notice
from the affected Indian tribe and chaperoning requirements for
Tribal access.
``(3) Resolution of conflicts.--If an affected Indian tribe provides
written comments to the Secretary of the Navy or the Secretary of the
Interior proposing changes or additions to the agreement entered into
under paragraph (1) and the proposals are not incorporated in the final
agreement, the Secretary concerned shall--
``(A) respond in writing to the affected Indian tribe
explaining a clear, identifiable rationale why the proposed
change was not incorporated; and
``(B) share the written responses under subparagraph (A)
with the Committee on Armed Services of the House of
Representatives, the Committee on Natural Resources of the House
of Representatives, the Committee on Armed Services of the
Senate, and the Committee on Indian Affairs of the Senate.
``(b) Ethnographic Study.--The Secretary of the Navy, in consultation with
the State of Nevada and appropriate Tribal governments, shall conduct an
ethnographic study of the expanded Fallon Range Training Complex to assess the
importance of that area to Indian tribes and the religious and cultural
practices of those Indian tribes.
``(c) Cultural Resources Survey.--
``(1) Survey.--The Secretary of the Navy, after consultation with
affected Indian tribes and review of data, studies, and reports in the
possession of such Indian tribes, shall conduct a cultural resources
survey of the land withdrawn and reserved by section 2981 for each of
the expanded areas of the B-16, B-17, and B-20 Ranges that were not
subject to previous surveys in support of the Record of Decision for the
Fallon Range Training Complex Modernization Final Environmental Impact
Statement dated March 12, 2020, and previous withdrawals comprising the
Fallon Range Training Complex that includes pedestrian field surveys and
the inventory and identification of specific sites containing cultural,
religious, and archaeological resources of importance to affected Indian
tribes.
``(2) Results.--Not later than 2 years after the date of enactment
of this subtitle, the Secretary of the Navy shall provide the results of
the survey conducted under paragraph (1) to affected Indian tribes for
review and comment prior to concluding survey activities.
``(3) Inclusion in agreement.--The agreement under subsection (a)
shall include access to the specific sites identified by the survey
conducted under paragraph (1) by affected Indian tribes, including
proper disposition or protection of, and any requested access to, any
identified burial sites, in accordance with the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001 et seq.).
``(4) Limitation on use of land prior to completion of survey.--The
Secretary of the Navy shall not make operational use of the expanded
areas of the B-16, B-17, and B-20 Ranges that were not subject to
previous withdrawals comprising the Fallon Range Training Complex until
the date of completion of the survey required by paragraph (1).
``(d) Participation of Affected Indian Tribes.--In conducting an
ethnographic study or cultural resources survey under subsection (b) or (c), the
Secretary of the Navy shall coordinate with, and provide for the participation
of, each applicable affected Indian tribe.
``(e) Agreement to Mitigate Adverse Effects.--The Secretary of the Navy, the
Secretary of the Interior, and affected Indian tribes shall enter into an
agreement consistent with section 306108 of title 54, United States Code, that
identifies actions to avoid, minimize, or mitigate adverse effects to sites
identified in subsection (c), including adverse effects from noise. Using the
results of surveys conducted under subsection (c), the Navy shall, in
coordination with affected Indian tribes and to the extent practicable, avoid
placing targets or other range infrastructure in culturally sensitive areas. The
Navy shall avoid placement of targets in known sensitive habitat, cultural, or
historic areas within the Monte Cristo Mountains.
``(f) Report.--Not later than 1 year after the date on which each of the
agreements required under this section have been entered into and the survey and
study required under this section have been completed, the Secretary of the Navy
and the Secretary of the Interior shall jointly submit to Congress a report
describing--
``(1) the access protocols established by the agreement under
subsection (a);
``(2) the results of the ethnographic study conducted under
subsection (b);
``(3) the results of the cultural resources survey under subsection
(c); and
``(4) actions to be taken to avoid, minimize, or mitigate adverse
effects to sites on the land withdrawn and reserved by section 2981.
``(g) Public Availability.--Information concerning the nature and specific
location of a cultural resource shall be exempt from disclosure under section
552 of title 5 and any other law unless the Secretary of the Navy, in
consultation with affected Indian tribes, determines that disclosure would--
``(1) further the purposes of this section;
``(2) not create risk of harm to or theft or destruction of the
cultural resource or the site containing the cultural resource; and
``(3) be in accordance with other applicable laws.''.
``SEC. 2988. RESOLUTION OF WALKER RIVER PAIUTE TRIBE CLAIMS.
``(a) Payment to Tribe.--Not later than 1 year after the date of enactment
of this subtitle and subject to the availability of appropriations, the
Secretary of the Navy shall transfer $20,000,000 of amounts appropriated to the
Secretary of the Navy for operation and maintenance to an account designated by
the Walker River Paiute Tribe (referred to in this section as the `Tribe') to
resolve the claims of the Tribe against the United States for the contamination,
impairment, and loss of use of approximately 6,000 acres of land that is within
the boundaries of the reservation of the Tribe.
``(b) Limitation on Use of Land Prior to Completion of Payment.--The
Secretary of the Navy shall not make operational use of the expanded areas of
the B-16, B-17, and B-20 Ranges that were not subject to previous withdrawals
comprising the Fallon Range Training Complex and that are withdrawn and reserved
by section 2981 until the date on which the amount is transferred under
subsection (a).
``(c) Additional Trust Land.--
``(1) Environmental site assessment.--Not later than 1 year after
the date of enactment of this subtitle and prior to taking the land
described in paragraph (4) into trust for the benefit of the Tribe under
paragraph (3)(A), the Director of the Bureau of Indian Affairs (referred
to in this subsection as the `Director') shall complete an environmental
site assessment to determine with respect to the land--
``(A) the likelihood of the presence of hazardous substance-
related or other environmental liability; and
``(B) if the Director determines the presence of hazardous
substance-related or other environmental liability is likely
under subparagraph (A)--
``(i) the extent of the contamination caused by such
hazardous substance or other environmental liability;
and
``(ii) whether that liability can be remediated by
the United States.
``(2) Contaminated land.--
``(A) In general.--If the Director determines pursuant to
the environmental site assessment completed under paragraph (1)
that there is a likelihood of the presence of hazardous
substance-related or other environmental liability on the land
described in paragraph (4), the Director shall consult with the
Tribe on whether the land is still suitable for transfer into
trust for the benefit of the Tribe.
``(B) Determination.--If the Tribe determines land
identified as contaminated under subparagraph (A) is still
suitable to take into trust for the benefit of the Tribe, the
Director, notwithstanding any other provision of law, shall take
the land into trust for the benefit of the Tribe in accordance
with paragraph (3).
``(3) Land to be held in trust for the tribe; identification of
alternative land.--
``(A) In general.--If the Tribe determines pursuant to
paragraph (2) that the land described in paragraph (4) should be
taken into trust for the benefit of the Tribe (including if such
land is determined to be contaminated), subject to valid
existing rights, all right, title, and interest of the United
States in and to the land shall be--
``(i) held in trust by the United States for the
benefit of the Tribe; and
``(ii) made part of the existing reservation of the
Tribe.
``(B) Identification of suitable and comparable alternative
land.--If the Tribe determines pursuant to paragraph (2), due to
discovered environmental issues that the land described in
paragraph (4) is not suitable to be taken into trust for the
benefit of the Tribe, not later than 1 year after the date on
which the Tribe makes that determination, the Director and the
Tribe shall enter into an agreement to identify suitable and
comparable alternative land in relative distance and located in
the same county as the land described in paragraph (4) to be
withdrawn from Federal use and taken into trust for the benefit
of the Tribe.
``(C) Environmental liability.--
``(i) In general.--Notwithstanding any other
provision of law, the United States shall not be liable
for any soil, surface water, groundwater, or other
contamination resulting from the disposal, release, or
presence of any environmental contamination on any
portion of the land described in paragraph (4) that
occurred on or before the date on which the land was
taken into trust for the benefit of the Tribe. The
United States shall not fund or take any action to
remediate such land after such land has been so taken
into trust.
``(ii) Environmental contamination description.--An
environmental contamination described in clause (i)
includes any oil or petroleum products, hazardous
substances, hazardous materials, hazardous waste,
pollutants, toxic substances, solid waste, or any other
environmental contamination or hazard as defined in any
Federal law or law of the State of Nevada.
``(4) Land described.--Subject to paragraph (5), the land to be held
in trust for the benefit of the Tribe under paragraph (3)(A) is the
approximately 8,170 acres of Bureau of Land Management and Bureau of
Reclamation land located in Churchill and Mineral Counties, Nevada, as
generally depicted on the map entitled `Walker River Paiute Trust Lands'
and dated April 19, 2022, and more particularly described as follows:
``(A) Fernley east parcel.--The following land in Churchill
County, Nevada:
``(i) All land held by the Bureau of Reclamation in
T. 20 N., R. 26 E., sec. 28, Mount Diablo Meridian.
``(ii) All land held by the Bureau of Reclamation in
T. 20 N., R. 26 E., sec. 36, Mount Diablo Meridian.
``(B) Walker lake parcel.--The following land in Mineral
County, Nevada:
``(i) All land held by the Bureau of Land Management
in T. 11 N., R. 29 E., secs. 35 and 36, Mount Diablo
Meridian.
``(ii) All land held by the Bureau of Reclamation in
T. 10 N., R. 30 E., secs. 4, 5, 6, 8, 9, 16, 17, 20, 21,
28, 29, 32, and 33, Mount Diablo Meridian.
``(iii) All land held by the Bureau of Land
Management in T. 10.5 N., R. 30 E., secs. 31 and 32,
Mount Diablo Meridian.
``(5) Administration.--
``(A) Survey.--Not later than 180 days after the date of
enactment of this subtitle, the Secretary of the Interior
(referred to in this paragraph as the `Secretary') shall
complete a survey to fully describe, and adequately define the
boundaries of, the land described in paragraph (4).
``(B) Legal description.--
``(i) In general.--Upon completion of the survey
required under subparagraph (A), the Secretary shall
publish in the Federal Register a legal description of
the land described in paragraph (4).
``(ii) Technical corrections.--Before the date of
publication of the legal description under this
subparagraph, the Secretary may correct any technical or
clerical errors in the legal description as the
Secretary determines appropriate.
``(iii) Effect.--Effective beginning on the date of
publication of the legal description under this
subparagraph, the legal description shall be considered
to be the official legal description of the land to be
held in trust for the benefit of the Tribe under
paragraph (3)(A).
``(6) Use of trust land.--The land taken into trust under paragraph
(3)(A) shall not be eligible, or considered to have been taken into
trust, for class II gaming or class III gaming (as those terms are
defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C.
2703)).
``(d) Eligibility for Federal and Federally Funded Programs.--Funds paid to
the Tribe pursuant to this section, including any interest or investment income
earned, may not be treated as income or resources or otherwise used as the basis
for denying or reducing the basis for Federal financial assistance or other
Federal benefit (including under the Social Security Act (42 U.S.C. 301 et
seq.)) to which the Tribe, a member of the Tribe, or a household would otherwise
be entitled.
``SEC. 2989. LAND TO BE HELD IN TRUST FOR THE FALLON PAIUTE SHOSHONE TRIBE.
``(a) Land to Be Held in Trust.--
``(1) In general.--Subject to valid existing rights, all right,
title, and interest of the United States in and to the land described in
paragraph (2) shall be--
``(A) held in trust by the United States for the benefit of
the Fallon Paiute Shoshone Tribe; and
``(B) made part of the reservation of the Fallon Paiute
Shoshone Tribe.
``(2) Description of land.--The land referred to in paragraph (1) is
the approximately 10,000 acres of land administered by the Bureau of
Land Management and the Bureau of Reclamation, as generally depicted as
`Reservation Expansion Land' on the map entitled `Churchill County
Proposed Fallon Range Training Complex Modernization and Lands Bill' and
dated November 30, 2022.
``(3) Survey.--Not later than 180 days after the date of enactment
of this subtitle, the Secretary of the Interior shall complete a survey
of the boundary lines to establish the boundaries of the land taken into
trust under paragraph (1).
``(4) Use of trust land.--The land taken into trust under this
section shall not be eligible, or considered to have been taken into
trust, for class II gaming or class III gaming (as those terms are
defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C.
2703)).
``(5) Cooperative agreement.--On request by the Fallon Paiute
Shoshone Tribe, the Secretary of the Interior shall enter into a
cooperative agreement with the Fallon Paiute Shoshone Tribe to provide
assistance in the management of the land taken into trust under this
section for cultural protection and conservation management purposes.
``SEC. 2990. NUMU NEWE CULTURAL CENTER.
``(a) In General.--Subject to the availability of appropriations from
amounts appropriated to the Secretary of the Navy for operation and maintenance,
the Secretary of the Navy shall provide financial assistance to a cultural
center established and operated by the Fallon Paiute Shoshone Tribe and located
on the Reservation of the Fallon Paiute Shoshone Tribe, the purpose of which is
to help sustain Numu Newe knowledge, culture, language, and identity associated
with aboriginal land and traditional ways of life for the Fallon Paiute Shoshone
Tribe and other affected Indian tribes (referred to in this section as the
`Center').
``(b) Studies and Inventories.--The Center shall integrate information
developed in the cultural resources inventories and ethnographic studies carried
out under section 2987.
``(c) Transfer.--Not later than 1 year after the date of enactment of this
subtitle and subject to the availability of appropriations, the Secretary of the
Navy shall transfer to an account designated by the Fallon Paiute Shoshone
Tribe--
``(1) $10,000,000 for the development and construction of the
Center; and
``(2) $10,000,000 to endow operations of the Center.
``(d) Limitation on Use of Land Prior to Completion of Payment.--The
Secretary of the Navy shall not make operational use of the expanded areas of
the B-16, B-17, and B-20 Ranges that were not subject to previous withdrawals
comprising the Fallon Range Training Complex and that are withdrawn and reserved
by section 2981 until the date on which the amounts are transferred under
subsection (c).
``SEC. 2991. ROAD RECONSTRUCTION AND TREATMENT OF EXISTING ROADS AND RIGHTS-OF-
WAY.
``(a) Road Reconstruction.--Subject to the availability of appropriations,
the Secretary of the Navy shall be responsible for the timely--
``(1) reconstruction of--
``(A) Lone Tree Road leading to the B-16 Range; and
``(B) State Highway 361; and
``(2) relocation of--
``(A) Sand Canyon and Red Mountain Roads, consistent with
alternative 2A, as described in the Final FRTC Road Realignment
Study dated March 14, 2022; and
``(B) Pole Line Road, consistent with alternative 3B, as
described in the Final FRTC Road Realignment Study dated March
14, 2022.
``(b) Limitation on Use of Land Prior to Completion of Requirements.--In
accordance with section 2982(c)(1), the Secretary of the Navy shall not make
operational use of the expanded areas of the B-16, B-17, and B-20 Ranges that
were not subject to previous withdrawals comprising the Fallon Range Training
Complex and that are withdrawn and reserved by section 2981 until the date on
which the Secretary of the Navy determines that each of the requirements of
subsection (a) have been met.
``(c) Existing Roads and Rights-of-way; Access.--
``(1) In general.--The withdrawal and reservation of land made by
section 2981 shall not be construed to affect the following roads and
associated rights-of-way:
``(A) United States Highways 50 and 95.
``(B) State Routes 121 and 839.
``(C) The Churchill County, Nevada, roads identified as
Simpson Road, East County Road, Earthquake Fault Road, and
Fairview Peak Road.
``(2) Access.--Any road identified on the map described in section
2981(b) as an existing minor county road shall be available for managed
access consistent with the purposes of the withdrawal.
``(d) New Rights-of-way.--The Secretary of the Navy, in coordination with
the Secretary of the Interior, shall be responsible for the timely grant of new
rights-of-way for Sand Canyon and Red Mountain Road, Pole Line Road, and East
County Road to the appropriate County.
``(e) I-11 Corridors.--The Secretary of the Interior shall manage the land
located within the `Churchill County Preferred I-11 Corridor' and `NDOT I-11
Corridor' as depicted on the map entitled `Churchill County Proposed Fallon
Range Training Complex Modernization and Lands Bill' and dated November 30,
2022, in accordance with this section.
``(f) Public Availability of Map.--A copy of the map described in section
2981(b) shall be on file and available for public inspection in the appropriate
offices of the Bureau of Land Management.
``(g) Withdrawal of Land.--Subject to any valid rights in existence on the
date of enactment of this subtitle, the land located within the corridors
depicted as `Utility and Infrastructure Corridors' on the map entitled
`Churchill County Proposed Fallon Range Training Complex Modernization and Lands
Bill' and dated November 30, 2022, is withdrawn from--
``(1) location and entry under the mining laws; and
``(2) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
``(h) Termination of Withdrawal.--A withdrawal under subsection (g) shall
terminate on the date on which--
``(1) the Secretary of the Interior, in coordination with Churchill
County, Nevada, terminates the withdrawal; or
``(2) the applicable corridor or land is patented.
``(i) Revised Statutes Section 2477 Claims.--The withdrawal and reservation
of land by section 2981 shall not affect the ability of Churchill County,
Nevada, to seek adjudication of claims under section 2477 of the Revised
Statutes (43 U.S.C. 932), as in effect prior to being repealed by section 706(a)
of the Federal Land Policy and Management Act of 1976 (Public Law 94-579; 90
Stat. 2793).
``(j) Treatment of the West-wide Energy Corridor.--
``(1) In general.--Nothing in section 2981 shall be construed to
restrict the development of high voltage electrical power utility lines
within the portion of the designated West-Wide Energy Corridor that is
located outside of the B-16 Range.
``(2) Transmission line.--The Secretary of the Navy shall allow 1
transmission line within that portion of the designated West-Wide Energy
Corridor that is located within the B-16 Range nearest the existing
transmission line adjacent to the western boundary of the B-16 Range.
``(3) Future transmission line.--If the Secretary of the Navy and
the Secretary of the Interior determine that additional transmission
lines cannot be accommodated outside of the B-16 Range, to the extent
practicable, the Secretary of the Navy shall allow the construction of a
new transmission line as close as practicable to the existing
transmission line.
``SEC. 2992. SAGE GROUSE STUDY.
``(a) In General.--The Secretary of the Navy, in consultation with the
Secretary of the Interior and the State of Nevada, shall conduct a study to
further assess greater sage grouse reactions to military overflights within the
Fallon Range Training Complex.
``(b) Determination.--If the Secretary of the Navy determines under the
study under subsection (a) that greater sage grouse in the Fallon Range Training
Complex are significantly impacted by aircraft overflights, the Secretary of the
Navy shall implement adaptive management activities, in coordination with the
State of Nevada and the United States Fish and Wildlife Service.
``SEC. 2993. TREATMENT OF LIVESTOCK GRAZING PERMITS.
``(a) In General.--The Secretary of the Navy shall notify holders of grazing
allotments impacted by the withdrawal and reservation of land by section 2981
and, if practicable, assist the holders of the grazing allotments in obtaining
replacement forage.
``(b) Revisions to Allotment Plans.--The Secretary of the Navy shall
reimburse the Secretary of the Interior for grazing program-related
administrative costs reasonably incurred by the Bureau of Land Management due to
the withdrawal and reservation of land by section 2981.
``(c) Alternative to Replacement Forage.--If replacement forage cannot be
identified under subsection (a), the Secretary of the Navy shall make full and
complete payments to Federal grazing permit holders for all losses suffered by
the permit holders as a result of the withdrawal or other use of former Federal
grazing land for national defense purposes pursuant to the Act of June 28, 1934
(commonly known as the `Taylor Grazing Act') (48 Stat. 1269, chapter 865; 43
U.S.C. 315 et seq.).
``(d) Notification and Payment.--The Secretary of the Navy shall--
``(1) notify, by certified mail, holders of grazing allotments that
are terminated; and
``(2) compensate the holders of grazing allotments described in
paragraph (1) for authorized permanent improvements associated with the
allotments.
``(e) Payment.--For purposes of calculating and making a payment to a
Federal grazing permit holder under this section (including the conduct of any
appraisals required to calculate the amount of the payment)--
``(1) the Secretary of the Navy shall consider the permanent loss of
the applicable Federal grazing permit; and
``(2) the amount of the payment shall not be limited to the
remaining term of the existing Federal grazing permit.
``SEC. 2994. TRANSFER OF LAND UNDER THE ADMINISTRATIVE JURISDICTION OF THE
DEPARTMENT OF THE NAVY.
``(a) Transfer Required.--Subject to subsection (b), the Secretary of the
Navy shall transfer to the Secretary of the Interior, at no cost, administrative
jurisdiction of the approximately 86 acres of a noncontiguous parcel of land as
depicted on the map entitled `Churchill County Proposed Fallon Range Training
Complex Modernization and Lands Bill' and dated November 30, 2022, acquired by
the Department of the Navy in Churchill County, Nevada, for inclusion in the
Sand Mountain Recreation Area.
``(b) Certification With Respect to Environmental Hazards.--Prior to
transferring land under subsection (a), the Secretary of the Navy shall certify
that the land to be transferred under that subsection is free from environmental
hazards.
``SEC. 2995. REDUCTION OF IMPACT OF FALLON RANGE TRAINING COMPLEX MODERNIZATION.
``(a) In General.--Consistent with the Record of Decision for the Fallon
Range Training Complex Modernization Final Environmental Impact Statement dated
March 12, 2020, the Secretary of the Navy shall carry out the following
additional mitigations and other measures not otherwise included in other
sections of this Act to reduce the impact of the modernization of the Fallon
Range Training Complex by the Secretary of the Navy on the land and local
community:
``(1) Develop Memoranda of Agreement or other binding protocols, in
coordination with agencies, affected Indian tribes, and other
stakeholders, for--
``(A) management of that portion of Bureau of Reclamation
infrastructure in the B-16 and B-20 Ranges that will be closed
to public access but will continue to be managed for flood
control; and
``(B) access for research, resource management, and other
activities within the B-16, B-17, B-19, and B-20 Ranges.
``(2) Establish wildlife-friendly configured four-wire fencing, on
coordination with the Nevada Department of Wildlife, to restrict access
to the smallest possible area necessary to ensure public safety and to
minimize impacts on wildlife from fencing.
``(3) Subject to the availability of appropriations--
``(A) purchase the impacted portion of the Great Basin
Transmission Company (formerly named the `Paiute Pipeline
Company') pipeline within the B-17 Range; and
``(B) pay for the relocation of the pipeline acquired under
subparagraph (A) to a location south of the B-17 Range.
``(4) Accommodate permitting and construction of additional utility
and infrastructure projects within 3 corridors running parallel to the
existing north-south power line in proximity to Nevada Route 121,
existing east-west power line north of Highway 50, and the area
immediately north of Highway 50 as shown on the map entitled `Churchill
County Proposed Fallon Range Training Complex Modernization and Lands
Bill' and dated November 30, 2022, subject to the requirement that any
project authorized under this paragraph shall complete appropriate
Federal and State permitting requirements prior to the accommodation
under this paragraph.
``(5)(A) Notify holders of mining claims impacted by the
modernization by certified mail.
``(B) Make payments to the holders of mining claims
described in subparagraph (A), subject to the availability of
appropriations.
``(6) Allow a right-of-way to accommodate I-11 (which could also
include a transmission line) if a route is chosen by Churchill County,
Nevada, or the State of Nevada that overlaps the northeast corner of the
withdrawal area for the B-16 Range.
``(7) Revise the applicable range operations manual--
``(A) to include Crescent Valley and Eureka as noise-
sensitive areas; and
``(B) to implement a 5-nautical-mile buffer around the towns
of Crescent Valley and Eureka.
``(8) Implement a 3-nautical-mile airspace exclusion zone over the
Gabbs, Eureka, and Crescent Valley airports.
``(9) Extend the Visual Flight Rules airspace corridor through the
newly established Military Operations Areas on the east side of the
Dixie Valley Training Area.
``(10) Notify affected water rights holders by certified mail and,
if water rights are adversely affected by the modernization and cannot
be otherwise mitigated, acquire existing and valid State water rights.
``(11) Allow Nevada Department of Wildlife access for spring and
wildlife guzzler monitoring and maintenance.
``(12) Implement management practices and mitigation measures
specifically designed to reduce or avoid potential impacts on surface
water and groundwater, such as placing targets outside of washes.
``(13) Develop and implement a wildland fire management plan with
the State of Nevada to ensure wildland fire prevention, suppression, and
restoration activities are addressed, as appropriate, for the entire
expanded range complex.
``(14) To the maximum extent practicable and if compatible with
mission training requirements, avoid placing targets in biologically
sensitive areas identified by the Nevada Department of Wildlife.
``(15) Fund 2 conservation law enforcement officer positions at
Naval Air Station Fallon.
``(16) Post signs warning the public of any contamination, harm, or
risk associated with entry into the withdrawal land.
``(17) Enter into an agreement for compensation from the Secretary
of the Navy to Churchill County, Nevada, and the counties of Lyon, Nye,
Mineral, and Pershing in the State of Nevada to offset any reductions
made in payments in lieu of taxes.
``(18) Review, in consultation with affected Indian tribes, and
disclose any impacts caused by the activities of the Secretary of the
Navy at Fox Peak, Medicine Rock, and Fairview Mountain.
``(19) Consult with affected Indian tribes to mitigate, to the
maximum extent practicable, any impacts disclosed under paragraph (18).
``(b) Limitation on Use of Land Prior to Completion of Requirements.--In
accordance with section 2982(c)(1), the Secretary of the Navy shall not make
operational use of the expanded areas of the B-16, B-17, and B-20 Ranges that
were not subject to previous withdrawals comprising the Fallon Range Training
Complex and that are withdrawn and reserved by section 2981 until the date on
which the Secretary of the Navy determines that each of the requirements of
subsection (a) have been met.
``SEC. 2996. DIXIE VALLEY WATER PROJECT.
``(a) Continuation of Project.--The withdrawal of land authorized by section
2981(a)(2) shall not interfere with the Churchill County Dixie Valley Water
Project.
``(b) Permitting.--On application by Churchill County, Nevada, the Secretary
of the Navy shall concur with the Churchill County Dixie Valley Water Project
and, in collaboration with the Secretary of the Interior, complete any
permitting necessary for the Dixie Valley Water Project, subject to the public
land laws and environmental review, including regulations.
``(c) Compensation.--Subject to the availability of appropriations, the
Secretary of the Navy shall compensate Churchill County, Nevada, for any cost
increases for the Dixie Valley Water Project that result from any design
features required by the Secretary of the Navy to be included in the Dixie
Valley Water Project.
``SEC. 2997. EXPANSION OF INTERGOVERNMENTAL EXECUTIVE COMMITTEE ON JOINT USE BY
DEPARTMENT OF THE NAVY AND DEPARTMENT OF THE INTERIOR OF FALLON
RANGE TRAINING COMPLEX.
``The Secretary of the Navy and the Secretary of the Interior shall expand
the membership of the Fallon Range Training Complex Intergovernmental Executive
Committee directed by section 3011(a)(5) of the Military Lands Withdrawal Act of
1999 (title XXX of Public Law 106-65; 113 Stat. 885; 134 Stat. 4349) relating to
the management of the natural and cultural resources of the withdrawal land to
include representatives of Eureka County, Nevada, the Nevada Department of
Agriculture, and the Nevada Division of Minerals.
``SEC. 2998. TRIBAL LIAISON OFFICE.
``The Secretary of the Navy shall establish and maintain a dedicated Tribal
liaison position at Naval Air Station Fallon.
``SEC. 2999. TERMINATION OF PRIOR WITHDRAWAL.
``Notwithstanding section 2842 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) and section
3015 of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106-
65), the withdrawal and reservation under section 3011(a) of that Act is
terminated.
``SEC. 2999A. DURATION OF WITHDRAWAL AND RESERVATION.
``The withdrawal and reservation of public land by section 2981 shall
terminate on November 6, 2047.''.
SEC. 2902. NUMU NEWE SPECIAL MANAGEMENT AREA.
(a) Definitions.--In this section:
(1) Management plan.--The term ``management plan'' means the
management plan for the Special Management Area developed under
subsection (d).
(2) Secretary.--The term ``Secretary'' means the Secretary of the
Interior.
(3) Special management area.--The term ``Special Management Area''
means the Numu Newe Special Management Area established by subsection
(b).
(b) Establishment.--To protect, conserve, and enhance the unique and
nationally important historic, cultural, archaeological, natural, and
educational resources of the Numu Newe traditional homeland, subject to valid
existing rights, there is established in Churchill and Mineral Counties, Nevada,
the Numu Newe Special Management Area, to be administered by the Secretary.
(c) Area Included.--The Special Management Area shall consist of the
approximately 217,845 acres of public land in Churchill and Mineral Counties,
Nevada, administered by the Bureau of Land Management, as depicted on the map
entitled ``Churchill County Proposed Fallon Range Training Complex Modernization
and Lands Bill'' and dated November 30, 2022.
(d) Management Plan.--
(1) In general.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall develop a comprehensive management plan
for the long-term management of the Special Management Area.
(2) Consultation.--In developing and implementing the management
plan, the Secretary shall consult with--
(A) appropriate Federal, Tribal, State, and local
governmental entities; and
(B) interested members of the public.
(3) Requirements.--The management plan shall--
(A) describe the appropriate uses of the Special Management
Area;
(B) with respect to any land within the Special Management
Area that is withdrawn and reserved for military uses, ensure
that management of the Special Management Area is consistent
with the purposes under section 2981(c)(2) of the Military Land
Withdrawals Act of 2013 (as added by section 2901 of this title)
for which the land is withdrawn and reserved;
(C) authorize the use of motor vehicles in the Special
Management Area, where appropriate, including providing for the
maintenance of existing roads;
(D) incorporate any provision of an applicable land and
resource management plan that the Secretary considers to be
appropriate;
(E) ensure, to the maximum extent practicable, the
protection and preservation of traditional cultural and
religious sites within the Special Management Area;
(F) to the maximum extent practicable, carefully and fully
integrate the traditional and historical knowledge and special
expertise of the Fallon Paiute Shoshone Tribe and other affected
Indian tribes;
(G) consistent with subparagraph (D), ensure public access
to Federal land within the Special Management Area for hunting,
fishing, and other recreational purposes;
(H) not affect the allocation, ownership, interest, or
control, as in existence on the date of enactment of this Act,
of any water, water right, or any other valid existing right;
and
(I) be reviewed not less frequently than annually by the
Secretary to ensure the management plan is meeting the
requirements of this section.
(e) Military Overflights.--Nothing in this section restricts or precludes--
(1) low-level overflights of military aircraft over the Special
Management Area, including military overflights that can be seen or
heard within the Special Management Area;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military flight training routes, over
the Special Management Area.
SEC. 2903. NATIONAL CONSERVATION AREAS.
(a) Numunaa Nobe National Conservation Area.--
(1) Definitions.--In this subsection:
(A) Conservation area.--The term ``Conservation Area'' means
the Numunaa Nobe National Conservation Area established by
paragraph (2).
(B) Management plan.--The term ``management plan'' means the
management plan for the Conservation Area developed under
paragraph (3)(B).
(C) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Establishment.--
(A) In general.--To conserve, protect, and enhance for the
benefit and enjoyment of present and future generations the
cultural, archaeological, natural, wilderness, scientific,
geological, historical, biological, wildlife, educational,
recreational, and scenic resources of the Conservation Area,
subject to valid existing rights, there is established the
Numunaa Nobe National Conservation Area in the State of Nevada,
to be administered by the Secretary.
(B) Area included.--
(i) In general.--The Conservation Area shall consist
of approximately 160,224 acres of public land in
Churchill County, Nevada, as generally depicted on the
map entitled ``Churchill County Proposed Fallon Range
Training Complex Modernization and Lands Bill'' and
dated November 30, 2022.
(ii) Availability of map.--The map described in
clause (i) shall be on file and available for public
inspection in the appropriate offices of the Bureau of
Land Management.
(3) Management.--
(A) In general.--The Secretary shall administer the
Conservation Area in a manner that conserves, protects, and
enhances the resources of the Conservation Area--
(i) in accordance with--
(I) this subsection;
(II) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); and
(III) any other applicable law; and
(ii) as a component of the National Landscape
Conservation System.
(B) Management plan.--
(i) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall
develop a management plan for the Conservation Area.
(ii) Consultation.--In developing the management
plan, the Secretary shall consult with--
(I) appropriate Federal, State, Tribal, and
local governmental entities; and
(II) members of the public.
(iii) Requirements.--The management plan shall--
(I) describe the appropriate uses of the
Conservation Area;
(II) in accordance with paragraph (5),
authorize the use of motor vehicles in the
Conservation Area, where appropriate, including
for the maintenance of existing roads; and
(III) incorporate any provision of an
applicable land and resource management plan
that the Secretary considers to be appropriate,
to include the Search and Rescue Training
Cooperative Agreement between the Bureau of Land
Management and the Naval Strike and Air Warfare
Training Center dated July 6, 1998, and the
Carson City District BLM Administrative Guide to
Military Activities on and Over the Public Lands
dated January 25, 2012.
(4) Uses.--The Secretary shall allow only those uses of the
Conservation Area that the Secretary determines would further the
purposes of the Conservation Area.
(5) Motorized vehicles.--Except as needed for administrative
purposes, planned military activities authorized by paragraph
(3)(B)(iii)(III), or to respond to an emergency, the use of motorized
vehicles in the Conservation Area shall be permitted only on roads and
trails designated for the use of motorized vehicles by the management
plan.
(6) Withdrawal.--
(A) In general.--Subject to valid existing rights, all
public land in the Conservation Area is withdrawn from--
(i) all forms of entry, appropriation, and disposal
under the public land laws;
(ii) location, entry, and patent under the mining
laws; and
(iii) disposition under all laws relating to mineral
and geothermal leasing or mineral materials.
(B) Additional land.--If the Secretary acquires mineral or
other interests in a parcel of land within the Conservation Area
after the date of enactment of this Act, the parcel is withdrawn
from operation of the laws referred to in subparagraph (A) on
the date of acquisition of the parcel.
(7) Hunting, fishing, and trapping.--
(A) In general.--Subject to subparagraph (B), nothing in
this subsection affects the jurisdiction of the State of Nevada
with respect to fish and wildlife, including hunting, fishing,
and trapping in the Conservation Area.
(B) Limitations.--
(i) Regulations.--The Secretary may designate by
regulation areas in which, and establish periods during
which, no hunting, fishing, or trapping will be
permitted in the Conservation Area, for reasons of
public safety, administration, or compliance with
applicable laws.
(ii) Consultation required.--Except in an emergency,
the Secretary shall consult with the appropriate State
agency and notify the public before taking any action
under clause (i).
(8) Grazing.--In the case of land included in the Conservation Area
on which the Secretary permitted, as of the date of enactment of this
Act, livestock grazing, the livestock grazing shall be allowed to
continue, subject to applicable laws (including regulations).
(9) No buffer zones.--
(A) In general.--Nothing in this subsection creates a
protective perimeter or buffer zone around the Conservation
Area.
(B) Activities outside conservation area.--The fact that an
activity or use on land outside the Conservation Area can be
seen or heard within the Conservation Area shall not preclude
the activity or use outside the boundary of the Conservation
Area.
(10) Military overflights.--Nothing in this subsection restricts or
precludes--
(A) low-level overflights of military aircraft over the
Conservation Area, including military overflights that can be
seen or heard within the Conservation Area;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over the Conservation Area.
(10) Effect on water rights.--Nothing in this subsection constitutes
an express or implied reservation of any water rights with respect to
the Conservation Area.
(b) Pistone-Black Mountain National Conservation Area.--
(1) Definitions.--In this subsection:
(A) Conservation area.--The term ``Conservation Area'' means
the Pistone-Black Mountain National Conservation Area
established by paragraph (2)(A).
(B) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(C) Tribe.--The term ``Tribe'' means the Walker River Paiute
Tribe.
(2) Establishment.--
(A) In general.--To protect, conserve, and enhance the
unique and nationally important historic, cultural,
archaeological, natural, and educational resources of the
Pistone Site on Black Mountain, subject to valid existing
rights, there is established in Mineral County, Nevada, the
Pistone-Black Mountain National Conservation Area.
(B) Area included.--
(i) In general.--The Conservation Area shall consist
of the approximately 3,415 acres of public land in
Mineral County, Nevada, administered by the Bureau of
Land Management, as depicted on the map entitled ``Black
Mountain/Pistone Archaeological District'' and dated May
12, 2020.
(ii) Availability of map.--The map described in
clause (i) shall be on file and available for public
inspection in the appropriate offices of the Bureau of
Land Management.
(3) Management.--
(A) In general.--The Secretary shall manage the Conservation
Area--
(i) in a manner that conserves, protects, and
enhances the resources and values of the Conservation
Area, including the resources and values described in
paragraph (2)(A);
(ii) in accordance with--
(I) this subsection;
(II) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); and
(III) any other applicable law; and
(iii) as a component of the National Landscape
Conservation System.
(B) Uses.--The Secretary shall allow only those uses of the
Conservation Area that the Secretary determines would further
the purposes of the Conservation Area.
(C) Tribal cultural resources.--In administering the
Conservation Area, the Secretary shall provide for--
(i) access to and use of cultural resources by the
Tribe at the Conservation Area; and
(ii) the protection from disturbance of the cultural
resources and burial sites of the Tribe located in the
Conservation Area.
(D) Cooperative agreements.--The Secretary may, in a manner
consistent with this subsection, enter into cooperative
agreements with the State of Nevada, affected Indian tribes, and
institutions and organizations to carry out the purposes of this
subsection, subject to the requirement that the Tribe shall be a
party to any cooperative agreement entered into under this
subparagraph.
(4) Management plan.--
(A) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall develop a management
plan for the Conservation Area.
(B) Consultation.--In developing the management plan
required under subparagraph (A), the Secretary shall consult
with--
(i) appropriate State, Tribal, and local
governmental entities; and
(ii) members of the public.
(C) Requirements.--The management plan developed under
subparagraph (A) shall--
(i) describe the appropriate uses and management of
the Conservation Area;
(ii) incorporate, as appropriate, decisions
contained in any other management or activity plan for
the land in or adjacent to the Conservation Area;
(iii) take into consideration any information
developed in studies of the land and resources in or
adjacent to the Conservation Area; and
(iv) provide for a cooperative agreement with the
Tribe to address the historical, archaeological, and
cultural values of the Conservation Area.
(5) Withdrawal.--
(A) In general.--Subject to valid existing rights, all
public land in the Conservation Area is withdrawn from--
(i) all forms of entry, appropriation, and disposal
under the public land laws;
(ii) location, entry, and patent under the mining
laws; and
(iii) disposition under all laws relating to mineral
and geothermal leasing or mineral materials.
(B) Additional land.--If the Secretary acquires mineral or
other interests in a parcel of land within the Conservation Area
after the date of enactment of this Act, the parcel is withdrawn
from operation of the laws referred to in subparagraph (A) on
the date of acquisition of the parcel.
(6) Hunting, fishing, and trapping.--
(A) In general.--Subject to subparagraph (B), nothing in
this subsection affects the jurisdiction of the State of Nevada
with respect to fish and wildlife, including hunting, fishing,
and trapping in the Conservation Area.
(B) Limitations.--
(i) Regulations.--The Secretary may designate by
regulation areas in which, and establish periods during
which, no hunting, fishing, or trapping will be
permitted in the Conservation Area, for reasons of
public safety, administration, or compliance with
applicable laws.
(ii) Consultation required.--Except in an emergency,
the Secretary shall consult with the appropriate State
agency and notify the public before taking any action
under clause (i).
(7) Grazing.--In the case of land included in the Conservation Area
on which the Secretary permitted, as of the date of enactment of this
Act, livestock grazing, the livestock grazing shall be allowed to
continue, subject to applicable laws (including regulations).
(8) No buffer zones.--
(A) In general.--Nothing in this subsection creates a
protective perimeter or buffer zone around the Conservation
Area.
(B) Activities outside conservation area.--The fact that an
activity or use on land outside the Conservation Area can be
seen or heard within the Conservation Area shall not preclude
the activity or use outside the boundary of the Conservation
Area.
(9) Military overflights.--Nothing in this subsection restricts or
precludes--
(A) low-level overflights of military aircraft over the
Conservation Area, including military overflights that can be
seen or heard within the Conservation Area;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over the Conservation Area.
(10) Effect on water rights.--Nothing in this subsection constitutes
an express or implied reservation of any water rights with respect to
the Conservation Area.
SEC. 2904. COLLABORATION WITH STATE AND COUNTY.
It is the sense of Congress that the Secretary of the Navy and Secretary of
the Interior should collaborate with the State of Nevada, Churchill County,
Nevada, the city of Fallon, Nevada, and affected Indian tribes with the goal of
preventing catastrophic wildfire and resource damage in the land withdrawn or
owned within the Fallon Range Training Complex.
SEC. 2905. WILDERNESS AREAS IN CHURCHILL COUNTY, NEVADA.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary of the
Interior.
(2) Wilderness area.--The term ``wilderness area'' means a
wilderness area designated by subsection (b)(1).
(b) Additions to National Wilderness Preservation System.--
(1) Additions.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following parcels of Federal land in Churchill
County, Nevada, are designated as wilderness and as components of the
National Wilderness Preservation System:
(A) Clan alpine mountains wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 128,362 acres, as generally depicted on the map
entitled ``Churchill County Proposed Fallon Range Training
Complex Modernization and Lands Bill'' and dated November 30,
2022, which shall be known as the ``Clan Alpine Mountains
Wilderness''.
(B) Desatoya mountains wilderness.--Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 32,537 acres, as generally depicted on the map
entitled ``Churchill County Proposed Fallon Range Training
Complex Modernization and Lands Bill'' and dated November 30,
2022, which shall be known as the ``Desatoya Mountains
Wilderness''.
(C) Cain mountain wilderness.--Certain Federal land managed
by the Bureau of Land Management, comprising approximately 7,664
acres, as generally depicted on the map entitled ``Churchill
County Proposed Fallon Range Training Complex Modernization and
Lands Bill'' and dated November 30, 2022, which shall be known
as the ``Cain Mountain Wilderness''.
(2) Boundary.--The boundary of any portion of a wilderness area that
is bordered by a road shall be at least 150 feet from the edge of the
road.
(3) Map and legal description.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and
legal description of each wilderness area.
(B) Effect.--Each map and legal description prepared under
subparagraph (A) shall have the same force and effect as if
included in this section, except that the Secretary may correct
clerical and typographical errors in the map or legal
description.
(C) Availability.--Each map and legal description prepared
under subparagraph (A) shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
(4) Withdrawal.--Subject to valid existing rights, each wilderness
area is withdrawn from--
(A) all forms of entry, appropriation, and disposal under
the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) operation of the mineral leasing and geothermal leasing
laws.
(c) Management.--Subject to valid existing rights, each wilderness area
shall be administered by the Secretary in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date of that Act
shall be considered to be a reference to the date of enactment of this
Act; and
(2) any reference in that Act to the Secretary of Agriculture shall
be considered to be a reference to the Secretary of the Interior.
(d) Livestock.--The grazing of livestock in a wilderness area administered
by the Bureau of Land Management, if established as of the date of enactment of
this Act, shall be allowed to continue, subject to such reasonable regulations,
policies, and practices as the Secretary considers necessary, in accordance
with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4));
and
(2) the guidelines set forth in Appendix A of the report of the
Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress (House
Report 101-405).
(e) Incorporation of Acquired Land and Interests.--Any land or interest in
land within the boundaries of a wilderness area that is acquired by the United
States after the date of enactment of this Act shall be added to and
administered as part of the wilderness area within which the acquired land or
interest is located.
(f) Water Rights.--
(1) Findings.--Congress finds that--
(A) the wilderness areas--
(i) are located in the semiarid region of the Great
Basin region; and
(ii) include ephemeral and perennial streams;
(B) the hydrology of the wilderness areas is predominantly
characterized by complex flow patterns and alluvial fans with
impermanent channels;
(C) the subsurface hydrogeology of the region in which the
wilderness areas are located is characterized by--
(i) groundwater subject to local and regional flow
gradients; and
(ii) unconfined and artesian conditions;
(D) the wilderness areas are generally not suitable for use
or development of new water resource facilities; and
(E) because of the unique nature and hydrology of the desert
land in the wilderness areas, it is possible to provide for
proper management and protection of the wilderness areas and
other values of land in ways different from those used in other
laws.
(2) Statutory construction.--Nothing in this subsection--
(A) constitutes an express or implied reservation by the
United States of any water or water rights with respect to the
wilderness areas;
(B) affects any water rights in the State of Nevada
(including any water rights held by the United States) in
existence on the date of enactment of this Act;
(C) establishes a precedent with regard to any future
wilderness designations;
(D) affects the interpretation of, or any designation made
under, any other Act; or
(E) limits, alters, modifies, or amends any interstate
compact or equitable apportionment decree that apportions water
among and between the State of Nevada and other States.
(3) Nevada water law.--The Secretary shall follow the procedural and
substantive requirements of Nevada State law in order to obtain and hold
any water rights not in existence on the date of enactment of this Act
with respect to the wilderness areas.
(4) New projects.--
(A) Definition of water resource facility.--
(i) In general.--In this paragraph, the term ``water
resource facility'' means irrigation and pumping
facilities, reservoirs, water conservation works,
aqueducts, canals, ditches, pipelines, wells, hydropower
projects, transmission and other ancillary facilities,
and other water diversion, storage, and carriage
structures.
(ii) Exclusion.--In this paragraph, the term ``water
resource facility'' does not include wildlife guzzlers.
(B) Restriction on new water resource facilities.--Except as
otherwise provided in this section, on and after the date of
enactment of this Act, neither the President nor any other
officer, employee, or agent of the United States shall fund,
assist, authorize, or issue a license or permit for the
development of any new water resource facility within a
wilderness area.
(g) Wildfire, Insects, and Disease.--In accordance with section 4(d)(1) of
the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take such measures
in a wilderness area as are necessary for the control of fire, insects, and
diseases (including, as the Secretary determines to be appropriate, the
coordination of the activities with a State or local agency).
(h) Data Collection.--Subject to such terms and conditions as the Secretary
may prescribe, nothing in this section precludes the installation and
maintenance of hydrologic, meteorological, or climatological collection devices
in a wilderness area, if the Secretary determines that the devices and access to
the devices are essential to flood warning, flood control, or water reservoir
operation activities.
(i) Military Overflights.--Nothing in this section restricts or precludes--
(1) low-level overflights of military aircraft over a wilderness
area, including military overflights that can be seen or heard within a
wilderness area;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military flight training routes, over
a wilderness area.
(j) Wildlife Management.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this chapter affects
or diminishes the jurisdiction of the State of Nevada with respect to
fish and wildlife management, including the regulation of hunting,
fishing, and trapping, in the wilderness areas.
(2) Management activities.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary
may conduct any management activities in the wilderness areas that are
necessary to maintain or restore fish and wildlife populations and the
habitats to support the populations, if the activities are carried out--
(A) consistent with relevant wilderness management plans;
and
(B) in accordance with--
(i) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(ii) appropriate policies, such as those set forth
in Appendix B of the report of the Committee on Interior
and Insular Affairs of the House of Representatives
accompanying H.R. 2570 of the 101st Congress (House
Report 101-405), including the occasional and temporary
use of motorized vehicles, if the use, as determined by
the Secretary, would promote healthy, viable, and more
naturally distributed wildlife populations that would
enhance wilderness values with the minimal impact
necessary to reasonably accomplish those tasks.
(3) Existing activities.--In accordance with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with appropriate
policies such as those set forth in Appendix B of the Committee on
Interior and Insular Affairs of the House of Representatives
accompanying H.R. 2570 of the 101st Congress (House Report 101-405), the
State may continue to use aircraft (including helicopters) to survey,
capture, transplant, monitor, and provide water for wildlife
populations.
(4) Wildlife water development projects.--Subject to subsection (f),
the Secretary shall authorize structures and facilities, including
existing structures and facilities, for wildlife water development
projects, including guzzlers, in the wilderness areas if--
(A) the structures and facilities would, as determined by
the Secretary, enhance wilderness values by promoting healthy,
viable, and more naturally distributed wildlife populations; and
(B) the visual impacts of the structures and facilities on
the wilderness areas can reasonably be minimized.
(5) Hunting, fishing, and trapping.--
(A) In general.--The Secretary may designate areas in which,
and establish periods during which, for reasons of public
safety, administration, or compliance with applicable laws, no
hunting, fishing, or trapping will be permitted in the
wilderness areas.
(B) Consultation.--Except in emergencies, the Secretary
shall consult with the appropriate State agency and notify the
public before taking any action under subparagraph (A).
(6) Cooperative agreement.--
(A) In general.--The State of Nevada, including a designee
of the State, may conduct wildlife management activities in the
wilderness areas--
(i) in accordance with the terms and conditions
specified in the cooperative agreement between the
Secretary and the State entitled ``Memorandum of
Understanding between the Bureau of Land Management and
the Nevada Department of Wildlife Supplement No. 9'' and
signed November and December 2003, including any
amendments to the cooperative agreement agreed to by the
Secretary and the State of Nevada; and
(ii) subject to all applicable laws (including
regulations).
(B) References.--For the purposes of this subsection, any
references to Clark County, Nevada, in the cooperative agreement
described this paragraph shall be considered to be a reference
to Churchill or Lander County, Nevada, as applicable.
SEC. 2906. RELEASE OF WILDERNESS STUDY AREAS.
(a) Finding.--Congress finds that, for the purposes of section 603(c) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the public
land in Churchill County, Nevada, that is administered by the Bureau of Land
Management in the following areas has been adequately studied for wilderness
designation:
(1) The Stillwater Range Wilderness Study Area.
(2) The Job Peak Wilderness Study Area.
(3) The Clan Alpine Mountains Wilderness Study Area.
(4) That portion of the Augusta Mountains Wilderness Study Area
located in Churchill County, Nevada.
(5) That portion of the Desatoya Mountains Wilderness Study Area
located in Churchill County, Nevada.
(6) Any portion of any other wilderness study area located in
Churchill County, Nevada, that is not a wilderness area.
(b) Release.--The portions of the public land described in subsection (a)
not designated as wilderness by section 2905(b)--
(1) are no longer subject to section 603(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(2) shall be managed in accordance with--
(A) land management plans adopted under section 202 of that
Act (43 U.S.C. 1712); and
(B) existing cooperative conservation agreements.
SEC. 2907. LAND CONVEYANCES AND EXCHANGES.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the city of Fallon, Nevada.
(2) Public purpose.--The term ``public purpose'' includes any of the
following:
(A) The construction and operation of a new fire station for
Churchill County, Nevada.
(B) The operation or expansion of an existing wastewater
treatment facility for Churchill County, Nevada.
(C) The operation or expansion of existing gravel pits and
rock quarries of Churchill County, Nevada.
(D) The operation or expansion of an existing City landfill.
(b) Public Purpose Conveyances.--
(1) In general.--Notwithstanding section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary of the
Interior shall convey, subject to valid existing rights and paragraph
(2), for no consideration, all right, title, and interest of the United
States in approximately 6,892 acres of Federal land to Churchill County,
Nevada, and 212 acres of land to the City identified as ``Public Purpose
Conveyances to Churchill County and City of Fallon'' on the map entitled
``Churchill County Proposed Fallon Range Training Complex Modernization
and Lands Bill'' and dated November 30, 2022.
(2) Use.--Churchill County, Nevada, and the City shall use the
Federal land conveyed under paragraph (1) for public purposes and the
construction and operation of public recreational facilities.
(3) Reversionary interest.--If a parcel of Federal land conveyed to
Churchill County, Nevada, under paragraph (1) ceases to be used for
public recreation or other public purposes consistent with the Act of
June 14, 1926 (commonly known as the ``Recreation and Public Purposes
Act''; 43 U.S.C. 869 et seq.), the parcel of Federal land shall, at the
discretion of the Secretary of the Interior, revert to the United
States.
(4) Gravel pit and rock quarry access.--Churchill County, Nevada,
shall provide at no cost to the Department of the Interior access to and
use of any existing gravel pits and rock quarries conveyed to Churchill
County, Nevada, under this section.
(c) Exchange.--The Secretary of the Interior shall seek to enter into an
agreement for an exchange with Churchill County, Nevada, for the land identified
as ``Churchill County Conveyance to the Department of Interior'' in exchange for
the land administered by the Secretary of the Interior identified as
``Department of Interior Conveyance to Churchill County'' on the map entitled
``Churchill County Proposed Fallon Range Training Complex Modernization and
Lands Bill'' and dated November 30, 2022.
SEC. 2908. CHECKERBOARD RESOLUTION.
(a) In General.--The Secretary of the Interior, in consultation with
Churchill County, Nevada, and landowners in Churchill County, Nevada, and after
providing an opportunity for public comment, shall seek to consolidate Federal
land and non-Federal land ownership in Churchill County, Nevada.
(b) Land Exchanges.--
(1) Land exchange authority.--To the extent practicable, the
Secretary of the Interior shall offer to exchange land identified for
exchange under paragraph (3) for private land in Churchill County,
Nevada, that is adjacent to Federal land in Churchill County, Nevada, if
the exchange would consolidate land ownership and facilitate improved
land management in Churchill County, Nevada, as determined by the
Secretary of the Interior.
(2) Applicable law.--Except as otherwise provided in this section, a
land exchange under this section shall be conducted in accordance with--
(A) section 206 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716); and
(B) any other applicable law.
(3) Identification of federal land for exchange.--The Secretary of
the Interior shall identify appropriate Federal land in Churchill
County, Nevada, to offer for exchange from Federal land identified as
potentially suitable for disposal in an applicable resource management
plan and managed by--
(A) the Commissioner of Reclamation; or
(B) the Director of the Bureau of Land Management.
(c) Equal Value Land Exchanges.--
(1) In general.--Land to be exchanged under this section shall be of
equal value, based on appraisals prepared in accordance with--
(A) the Uniform Standards for Professional Land
Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(2) Use of mass appraisals.--
(A) In general.--Subject to subparagraph (B), the Secretary
of the Interior may use a mass appraisal to determine the value
of land to be exchanged under this section, if the Secretary of
the Interior determines that the land to be subject to the mass
appraisal is of similar character and value.
(B) Exclusion.--The Secretary of the Interior shall exclude
from a mass appraisal under subparagraph (A) any land, the value
of which is likely to exceed $250 per acre, as determined by the
Secretary of the Interior.
(C) Availability.--The Secretary of the Interior shall make
the results of a mass appraisal conducted under subparagraph (A)
available to the public.
(d) Funding Eligibility.--Section 4(e)(3)(A) of the Southern Nevada Public
Land Management Act of 1998 (Public Law 105-263; 31 U.S.C. 6901 note) is
amended--
(1) in clause (iv) by inserting ``Churchill,'' after ``Lincoln,'';
(2) in clause (x) by striking ``Nevada; and'' and inserting
``Nevada;'';
(3) in clause (xi) by striking ``paragraph (2)(A).'' and inserting
``paragraph (2)(A); and''; and
(4) by adding at the end the following:
``(xii) reimbursement of costs incurred by the
Secretary in the identification, implementation, and
consolidation of Federal and non-Federal lands in
Churchill County in accordance with section 2908 of
division B of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023.''.
Subtitle B--Lander County Economic Development and Conservation
SEC. 2911. DEFINITIONS.
In this subtitle:
(1) County.--The term ``County'' means Lander County, Nevada.
(2) Secretary.--The term ``Secretary'' means the Secretary of the
Interior.
(3) State.--The term ``State'' means the State of Nevada.
PART I--LANDER COUNTY PUBLIC PURPOSE LAND CONVEYANCES
SEC. 2921. DEFINITIONS.
In this part:
(1) Map.--The term ``Map'' means the map entitled ``Lander County
Selected Lands'' and dated August 4, 2020.
(2) Secretary concerned.--The term ``Secretary concerned'' means--
(A) the Secretary, with respect to land under the
jurisdiction of the Secretary; and
(B) the Secretary of Agriculture, acting through the Chief
of the Forest Service, with respect to National Forest System
land.
SEC. 2922. CONVEYANCES TO LANDER COUNTY, NEVADA.
(a) Conveyance for Watershed Protection, Recreation, and Parks.--
Notwithstanding the land use planning requirements of sections 202 and 203 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), not
later than 60 days after the date on which the County identifies and selects the
parcels of Federal land for conveyance to the County from among the parcels
identified on the Map as ``Lander County Parcels BLM and USFS'' and dated August
4, 2020, the Secretary concerned shall convey to the County, subject to valid
existing rights and for no consideration, all right, title, and interest of the
United States in and to the identified parcels of Federal land (including
mineral rights) for use by the County for watershed protection, recreation, and
parks.
(b) Conveyance for Airport Facility.--
(1) In general.--Notwithstanding the land use planning requirements
of sections 202 and 203 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1712, 1713), the Secretary concerned shall convey to the
County, subject to valid existing rights, including mineral rights, all
right, title, and interest of the United States in and to the parcels of
Federal land identified on the Map as ``Kingston Airport'' for the
purpose of improving the relevant airport facility and related
infrastructure.
(2) Costs.--The only costs for the conveyance to be paid by the
County under paragraph (1) shall be the survey costs relating to the
conveyance.
(c) Survey.--The exact acreage and legal description of any parcel of
Federal land to be conveyed under subsection (a) or (b) shall be determined by a
survey satisfactory to the Secretary concerned and the County.
(d) Reversionary Interest.--If a parcel of Federal land conveyed to the
County under subsections (a) or (b) ceases to be used for public recreation or
other public purposes consistent with the Act of June 14, 1926 (commonly known
as the ``Recreation and Public Purposes Act''; 43 U.S.C. 869 et seq.), the
parcel of Federal land shall, at the discretion of the Secretary of the
Interior, revert to the United States.
(e) Map, Acreage Estimates, and Legal Descriptions.--
(1) Minor errors.--The Secretary concerned and the County may, by
mutual agreement--
(A) make minor boundary adjustments to the parcels of
Federal land to be conveyed under subsection (a) or (b); and
(B) correct any minor errors in--
(i) the Map; or
(ii) an acreage estimate or legal description of any
parcel of Federal land conveyed under subsection (a) or
(b).
(2) Conflict.--If there is a conflict between the Map, an acreage
estimate, or a legal description of Federal land conveyed under
subsection (a) or (b), the Map shall control unless the Secretary
concerned and the County mutually agree otherwise.
(3) Availability.--The Secretary shall make the Map available for
public inspection in--
(A) the Office of the Nevada State Director of the Bureau of
Land Management; and
(B) the Bureau of Land Management Battle Mountain Field
Office.
PART II--LANDER COUNTY WILDERNESS AREAS
SEC. 2931. DEFINITIONS.
In this part:
(1) Map.--The term ``Map'' means the map entitled ``Lander County
Wilderness Areas Proposal'' and dated April 19, 2021.
(2) Wilderness area.--The term ``wilderness area'' means a
wilderness area designated by section 2932(a).
SEC. 2932. DESIGNATION OF WILDERNESS AREAS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), the following land in the State of Nevada is designated as wilderness and
as components of the National Wilderness Preservation System:
(1) Cain mountain wilderness.--Certain Federal land managed by the
Director of the Bureau of Land Management, comprising approximately
6,386 acres, generally depicted as ``Cain Mountain Wilderness'' on the
Map, which shall be part of the Cain Mountain Wilderness designated by
section 2905(b) of this title.
(2) Desatoya mountains wilderness.--Certain Federal land managed by
the Director of the Bureau of Land Management, comprising approximately
7,766 acres, generally depicted as ``Desatoya Mountains Wilderness'' on
the Map, which shall be part of the Desatoya Mountains Wilderness
designated by section 2905(b) of this title.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of enactment
of this Act, the Secretary shall file with, and make available for
inspection in, the appropriate offices of the Bureau of Land Management,
a map and legal description of each wilderness area.
(2) Effect.--Each map and legal description filed under paragraph
(1) shall have the same force and effect as if included in this chapter,
except that the Secretary may correct clerical and typographical errors
in the map or legal description.
(c) Administration of Wilderness Areas.--The wilderness areas designated in
subsection (a) shall be administered in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.) and the wilderness management provisions in section 2905 of
this title.
SEC. 2933. RELEASE OF WILDERNESS STUDY AREAS.
(a) Finding.--Congress finds that, for the purposes of section 603(c) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the
following public land in the County has been adequately studied for wilderness
designation:
(1) The approximately 10,777 acres of the Augusta Mountain
Wilderness Study Area within the County that has not been designated as
wilderness by section 2902(a) of this title.
(2) The approximately 1,088 acres of the Desatoya Wilderness Study
Area within the County that has not been designated as wilderness by
section 2902(a) of this title.
(b) Release.--The public land described in subsection (a)--
(1) is no longer subject to section 603(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(2) shall be managed in accordance with the applicable land use
plans adopted under section 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712).
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER
AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Requirements for specific request for new or modified
nuclear weapons.
Sec. 3112. Modifications to long-term plan for meeting national
security requirements for unencumbered
uranium.
Sec. 3113. Modification of minor construction threshold for plant
projects.
Sec. 3114. Update to plan for deactivation and decommissioning of
nonoperational defense nuclear facilities.
Sec. 3115. Use of alternative technologies to eliminate proliferation
threats at vulnerable sites.
Sec. 3116. Unavailability for overhead costs of amounts specified for
laboratory-directed research and
development.
Sec. 3117. Workforce enhancement for National Nuclear Security
Administration.
Sec. 3118. Modification of cost baselines for certain projects.
Sec. 3119. Purchase of real property options.
Sec. 3120. Prohibition on availability of funds to reconvert or retire
W76-2 warheads.
Sec. 3121. Acceleration of depleted uranium manufacturing processes.
Sec. 3122. Assistance by the National Nuclear Security Administration
to the Air Force for the development of the
Mark 21A fuse.
Sec. 3123. Determination of standardized indirect cost elements.
Sec. 3124. Certification of completion of milestones with respect to
plutonium pit aging.
Sec. 3125. National Nuclear Security Administration facility advanced
manufacturing development.
Sec. 3126. Authorization of workforce development and training
partnership programs within National
Nuclear Security Administration.
Subtitle C--Reports and Other Matters
Sec. 3131. Modification to certain reporting requirements.
Sec. 3132. Repeal of obsolete provisions of the Atomic Energy Defense
Act and other provisions.
Subtitle A--National Security Programs and Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 2023 for the activities
of the National Nuclear Security Administration in carrying out programs as
specified in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the Secretary
of Energy may carry out new plant projects for the National Nuclear Security
Administration as follows:
Project 23-D-516, Energetic Materials Characterization Facility, Los
Alamos National Laboratory, Los Alamos, New Mexico, $19,000,000.
Project 23-D-517, Electrical Power Capacity Upgrade, Los Alamos
National Laboratory, Los Alamos, New Mexico, $24,000,000.
Project 23-D-518, Plutonium Modernization Operations & Waste
Management Office Building, Los Alamos National Laboratory, Los Alamos,
New Mexico, $48,500,000.
Project 23-D-519, Special Materials Facility, Y-12 National Security
Complex, Oak Ridge, Tennessee, $49,500,000.
Project 23-D-533, Component Test Complex Project, Bettis Atomic
Power Laboratory, West Mifflin, Pennsylvania, $57,420,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 2023 for defense
environmental cleanup activities in carrying out programs as specified in the
funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the Secretary
of Energy may carry out, for defense environmental cleanup activities, the
following new plant projects:
Project 23-D-402, Calcine Construction, Idaho National Laboratory,
Idaho Falls, Idaho, $10,000,000.
Project 23-D-403, Hanford 200 West Area Tank Farms Risk Management
Project, Office of River Protection, Richland, Washington, $4,408,000.
Project 23-D-404, 181D Export Water System Reconfiguration and
Upgrade, Hanford Site, Richland, Washington, $6,770,000.
Project 23-D-405, 181B Export Water System Reconfiguration and
Upgrade, Hanford Site, Richland, Washington, $480,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of Energy
for fiscal year 2023 for other defense activities in carrying out programs as
specified in the funding table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the Department of Energy
for fiscal year 2023 for nuclear energy as specified in the funding table in
section 4701.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. REQUIREMENTS FOR SPECIFIC REQUEST FOR NEW OR MODIFIED NUCLEAR
WEAPONS.
Section 4209 of the Atomic Energy Defense Act (50 U.S.C. 2529) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``beyond phase 1 or phase
6.1 (as the case may be) of the nuclear weapon acquisition
process'' after ``modified nuclear weapon''; and
(B) in paragraph (2), by striking ``research and development
which could lead to the production'' both places it appears and
inserting ``research and development for the production'';
(2) by striking subsection (b) and inserting the following new
subsection:
``(b) Budget Request Format.--In a request for funds under subsection (a),
the Secretary shall include a dedicated line item for each activity described in
subsection (a)(2) for a new nuclear weapon or modified nuclear weapon that is in
phase 2 or higher or phase 6.2 or higher (as the case may be) of the nuclear
weapon acquisition process.''; and
(3) by striking subsection (c) and inserting the following new
subsection:
``(c) Notification and Briefing of Noncovered Activities.--In any fiscal
year after fiscal year 2022, the Secretary of Energy, acting through the
Administrator, in conjunction with the annual submission of the budget of the
President to Congress pursuant to section 1105 of title 31, United States Code,
shall notify the congressional defense committees of--
``(1) any activities described in subsection (a)(2) relating to the
development of a new nuclear weapon or modified nuclear weapon that,
during the calendar year prior to the budget submission, were carried
out prior to phase 2 or phase 6.2 (as the case may be) of the nuclear
weapon acquisition process; and
``(2) any plans to carry out, prior to phase 2 or phase 6.2 (as the
case may be) of the nuclear weapon acquisition process, activities
described in subsection (a)(2) relating to the development of a new
nuclear weapon or modified nuclear weapon during the fiscal year covered
by that budget.''.
SEC. 3112. MODIFICATIONS TO LONG-TERM PLAN FOR MEETING NATIONAL SECURITY
REQUIREMENTS FOR UNENCUMBERED URANIUM.
(a) Timing.--Subsection (a) of section 4221 of the Atomic Energy Defense Act
(50 U.S.C. 2538c) is amended--
(1) by striking ``each even-numbered year through 2026'' and
inserting ``each odd-numbered year through 2031''; and
(2) by striking ``2065'' and inserting ``2070''.
(b) Plan Requirements.--Subsection (b) of such section is amended--
(1) in paragraph (3), by inserting ``through 2070'' after
``unencumbered uranium'';
(2) by redesignating paragraphs (4) through (8) as paragraphs (5)
through (9), respectively;
(3) by inserting after paragraph (3) the following new paragraph
(4):
``(4) An assessment of current and projected unencumbered uranium
production by private industry in the United States that could support
future defense requirements.''; and
(4) by striking paragraphs (8) and (9), as so redesignated, and
inserting the following new paragraphs:
``(8) An assessment of--
``(A) when additional enrichment of uranium will be required
to meet national security requirements; and
``(B) the options the Secretary is considering to meet such
requirements, including an estimated cost and timeline for each
option and a description of any changes to policy or law that
the Secretary determines would be required for each option.
``(9) An assessment of how options to provide additional enriched
uranium to meet national security requirements could, as an additional
benefit, contribute to the establishment of a sustained domestic
enrichment capacity and allow the commercial sector of the United States
to reduce reliance on importing uranium from adversary countries.''.
(c) Comptroller General Review.--Such section is further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new subsection:
``(d) Comptroller General Briefing.--Not later than 180 days after the date
on which the congressional defense committees receive each plan under subsection
(a), the Comptroller General of the United States shall provide to the
Committees on Armed Services of the House of Representatives and the Senate a
briefing that includes an assessment of the plan.''.
SEC. 3113. MODIFICATION OF MINOR CONSTRUCTION THRESHOLD FOR PLANT PROJECTS.
(a) Threshold.--Paragraph (2) of section 4701 of the Atomic Energy Defense
Act (50 U.S.C. 2741(2)) is amended to read as follows:
``(2)(A) Except as provided by subparagraphs (B) and (C), the term
`minor construction threshold' means $30,000,000.
``(B) During the period beginning on the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2023 and ending
on November 30, 2025, the Administrator may calculate the amount
specified in subparagraph (A) based on fiscal year 2022 constant dollars
if the Administrator--
``(i) submits to the congressional defense committees a
report on the method used by the Administrator to calculate the
adjustment;
``(ii) a period of 30 days elapses following the date of
such submission; and
``(iii) publishes the adjusted amount in the Federal
Register.
``(C) Beginning on December 1, 2025, the term `minor construction
threshold' means--
``(i) $30,000,000; or
``(ii) if the Administrator calculated a different amount
pursuant to subparagraph (B), the last such calculated amount as
published in the Federal Register under clause (iii) of such
subparagraph.''.
(b) Reports.--Section 4703(b) of such Act (50 U.S.C. 2743) is amended by
adding at the end the following: ``The report shall include with respect to each
project the following:''
``(1) The estimated original total project cost and the estimated
original date of completion.
``(2) The percentage of the project that is complete.
``(3) The current estimated total project cost and estimated date of
completion.''.
SEC. 3114. UPDATE TO PLAN FOR DEACTIVATION AND DECOMMISSIONING OF NONOPERATIONAL
DEFENSE NUCLEAR FACILITIES.
Section 4423 of the Atomic Energy Defense Act (50 U.S.C. 2603) is amended--
(1) in subsection (a), by striking ``during each even-numbered year
beginning in 2016''; and inserting ``every four years beginning in
2025'';
(2) in subsection (c)--
(A) by striking ``2016'' and inserting ``2025'';
(B) by striking ``2019'' and inserting ``2029''; and
(C) by striking ``determines--'' and all that follows and
inserting ``determines are nonoperational as of September 30,
2024.'';
(3) in subsection (d)--
(A) by striking ``Not later than March 31 of each even-
numbered year beginning in 2016'' and inserting ``Not later than
March 31, 2025, and every four years thereafter,'';
(B) by striking ``submitting during 2016'' and inserting
``submitted during 2025''; and
(C) by striking paragraph (4) and inserting the following
new paragraph:
``(4) a description of the deactivation and decommissioning actions
taken at each nonoperational defense nuclear facility during the period
following the date on which the previous report required by this section
was submitted.''; and
(4) in subsection (e), by striking ``2026'' and inserting ``2033''.
SEC. 3115. USE OF ALTERNATIVE TECHNOLOGIES TO ELIMINATE PROLIFERATION THREATS AT
VULNERABLE SITES.
Section 4306B of the Atomic Energy Defense Act (50 U.S.C. 2569) is amended--
(1) in subsection (c)(1)(M)(ii), by inserting ``(including through
the use of alternative technologies)'' after ``convert''; and
(2) in subsection (g), by adding at the end the following new
paragraph:
``(7) The term `alternative technologies' means technologies, such
as accelerator-based equipment, that do not use radiological
materials.''.
SEC. 3116. UNAVAILABILITY FOR OVERHEAD COSTS OF AMOUNTS SPECIFIED FOR
LABORATORY-DIRECTED RESEARCH AND DEVELOPMENT.
(a) In General.--Section 4812 of the Atomic Energy Defense Act (50 U.S.C.
2792) is amended by adding at the end the following new subsection:
``(c) Limitation on Use of Funds for Overhead.--A national security
laboratory may not use funds made available under section 4811(c) to cover the
costs of general and administrative overhead for the laboratory.''.
(b) Repeal of Pilot Program.--Section 3119 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 50 U.S.C. 2791 note)
is repealed.
SEC. 3117. WORKFORCE ENHANCEMENT FOR NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Elimination of Cap on Full-time Equivalent Employees of the National
Nuclear Security Administration.--Section 3241A of the National Nuclear Security
Administration Act (50 U.S.C. 2441a) is amended--
(1) by striking subsections (a) and (c);
(2) by redesignating subsections (d), (e), and (f) as subsections
(a), (b), and (c), respectively; and
(3) by redesignating the first subsection (b) as subsection (d) and
moving the subsection so as to appear after subsection (c), as
redesignated by paragraph (2).
(b) Annual Briefing.--Subsection (c) of such section, as so redesignated, is
amended to read as follows:
``(c) Annual Briefing.--In conjunction with the submission of the budget of
the President to Congress pursuant to section 1105 of title 31, United States
Code, the Administrator shall provide to the congressional defense committees a
briefing containing the following information:
``(1) A projection of the expected number of employees of the Office
of the Administrator, as counted under subsection (d), for the fiscal
year covered by the budget and the four subsequent fiscal years, broken
down by the office in which the employees are projected to be assigned.
``(2) With respect to the most recent fiscal year for which data is
available--
``(A) the number of service support contracts of the
Administration and whether such contracts are funded using
program or program direction funds;
``(B) the number of full-time equivalent contractor
employees working under each contract identified under
subparagraph (A);
``(C) the number of full-time equivalent contractor
employees described in subparagraph (B) that have been employed
under such a contract for a period greater than two years;
``(D) with respect to each contract identified under
subparagraph (A)--
``(i) identification of each appropriations account
that supports the contract; and
``(ii) the amount obligated under the contract
during the fiscal year, listed by each such account; and
``(E) with respect to each appropriations account identified
under subparagraph (D)(i), the total amount obligated for
contracts identified under subparagraph (A).''.
(c) Conforming Amendment.--Subsection (d) of such section, as redesignated
by subsection (a), is amended by striking ``under subsection (a)'' each place it
appears and inserting ``under subsection (c)''.
SEC. 3118. MODIFICATION OF COST BASELINES FOR CERTAIN PROJECTS.
Section 4713(a) of the Atomic Energy Defense Act (50 U.S.C. 2753(a)) is
amended--
(1) in paragraph (2)(D), by striking ``$750,000,000'' and inserting
``$800,000,000'';
(2) in paragraph (3)(A)(i), by striking ``$50,000,000'' and
inserting ``$65,000,000''; and
(3) in paragraph (4)(A)(i), by striking ``$50,000,000'' and
inserting ``$65,000,000''.
SEC. 3119. PURCHASE OF REAL PROPERTY OPTIONS.
Subtitle E of the National Nuclear Security Administration Act (50 U.S.C.
2461 et seq.) is amended by adding at the end the following new section (and
conforming the table of contents at the beginning of such Act accordingly):
``SEC. 3265. USE OF FUNDS FOR THE PURCHASE OF OPTIONS TO PURCHASE REAL PROPERTY.
``(a) Authority.--Subject to the limitation in subsection (b), funds
authorized to be appropriated for the Administration for the purchase of real
property may be expended to purchase options for the purchase of real property.
``(b) Limitation on Price of Options.--The price of any option purchased
pursuant to subsection (a) may not exceed the minor construction threshold (as
defined in section 4701 of the Atomic Energy Defense Act (50 U.S.C. 2741)).
``(c) Notice.--Not later than 14 days after the date an option is purchased
pursuant to subsection (a), the Administrator shall submit to the congressional
defense committees--
``(1) a notification of such purchase; and
``(2) a summary of the rationale for such purchase.''.
SEC. 3120. PROHIBITION ON AVAILABILITY OF FUNDS TO RECONVERT OR RETIRE W76-2
WARHEADS.
(a) Prohibition.--Except as provided in subsection (b), none of the funds
authorized to be appropriated by this Act or otherwise made available for fiscal
year 2023 for the National Nuclear Security Administration may be obligated or
expended to reconvert or retire a W76-2 warhead.
(b) Waiver.--The Administrator for Nuclear Security may waive the
prohibition in subsection (a) if the Administrator, in consultation with the
Secretary of Defense and the Chairman of the Joint Chiefs of Staff, certifies in
writing to the congressional defense committees--
(1) that Russia and China do not possess naval capabilities similar
to the W76-2 warhead in the active stockpiles of the respective country;
and
(2) that the Department of Defense does not have a valid military
requirement for the W76-2 warhead.
SEC. 3121. ACCELERATION OF DEPLETED URANIUM MANUFACTURING PROCESSES.
(a) Acceleration of Manufacturing.--The Administrator for Nuclear Security
shall require the nuclear security enterprise to accelerate the modernization of
manufacturing processes for depleted uranium by 2030 so that the nuclear
security enterprise--
(1) demonstrates bulk cold hearth melting of depleted uranium alloys
to augment existing capabilities on an operational basis for war reserve
components;
(2) manufactures, on a repeatable and ongoing basis, war reserve
depleted uranium alloy components using net shape casting;
(3) demonstrates, if possible, a production facility to conduct
routine operations for manufacturing depleted uranium alloy components
outside of the current perimeter security fencing of the Y-12 National
Security Complex, Oak Ridge, Tennessee; and
(4) has available high purity depleted uranium for the production of
war reserve components.
(b) Annual Briefing.--Not later than March 31, 2023, and annually thereafter
through 2030, the Administrator shall provide to the congressional defense
committees a briefing on--
(1) progress made in carrying out subsection (a);
(2) the cost of activities conducted under such subsection during
the preceding fiscal year; and
(3) the ability of the nuclear security enterprise to convert
depleted uranium fluoride hexafluoride to depleted uranium
tetrafluoride.
(c) Nuclear Security Enterprise Defined.--In this section, the term
``nuclear security enterprise'' has the meaning given that term in section 4002
of the Atomic Energy Defense Act (50 U.S.C. 2501).
SEC. 3122. ASSISTANCE BY THE NATIONAL NUCLEAR SECURITY ADMINISTRATION TO THE AIR
FORCE FOR THE DEVELOPMENT OF THE MARK 21A FUSE.
(a) In General.--Not later than 90 days after the date of the enactment of
this Act, the Administrator for Nuclear Security shall enter into an agreement
with the Secretary of the Air Force under which the Administrator shall support
the Air Force by reviewing and validating the development and sustainment of a
fuse for the Mark 21A reentry vehicle to support the W87-1 warhead over the
projected lifetime of the warhead, including by--
(1) acting as an external reviewer of the Mark 21A fuse, including
by reviewing--
(A) the design of the fuse;
(B) the quality of manufacturing and parts; and
(C) the life availability of components;
(2) advising and supporting the Air Force on strategies to mitigate
technical and schedule fuse risks; and
(3) otherwise ensuring the expertise of the National Nuclear
Security Administration in fuse and warhead design and manufacturing is
available to support successful development and sustainment of the fuse
over its lifetime.
(b) Budget Request.--The Administrator shall include, in the budget
justification materials submitted to Congress in support of the budget of the
Department of Energy for fiscal year 2024 (as submitted with the budget of the
President under section 1105(a) of title 31, United States Code), a request for
amounts sufficient to ensure that the assistance provided to the Air Force under
the agreement under subsection (a) does not negatively affect ongoing nuclear
modernization programs of the Administration.
(c) Nuclear Weapons Council Review.--During the life of the agreement under
subsection (a), the Nuclear Weapons Council established under section 179 of
title 10, United States Code, shall review the agreement as part of the annual
review by the Council of the budget of the National Nuclear Security
Administration and ensure that assistance provided under such agreement aligns
with ongoing programs of record between the Department of Defense and the
National Nuclear Security Administration.
(d) Transmittal of Agreement.--Not later than 120 days after the date of the
enactment of this Act, the Nuclear Weapons Council shall transmit to the
congressional defense committees the agreement under subsection (a) and any
comments that the Council considers appropriate.
SEC. 3123. DETERMINATION OF STANDARDIZED INDIRECT COST ELEMENTS.
(a) In General.--Not later than March 31, 2025, the Deputy Chief Financial
Officer of the Department of Energy shall, in consultation with the
Administrator for Nuclear Security and the Director of the Office of Science,
determine standardized indirect cost elements to be reported by contractors to
the Administrator.
(b) Report.--Not later than 90 days after the date that the determination
required by subsection (a) is made, the Deputy Chief Financial Officer shall, in
coordination with the Administrator and the Director, submit to the
congressional defense committees a report describing the standardized indirect
cost elements determined under subsection (a) and a plan to require contractors
to report, beginning in fiscal year 2026, such standardized indirect cost
elements to the Administrator.
(c) Standardized Indirect Cost Elements Defined.--In this section, the term
``standardized indirect cost elements'' means the categories of indirect costs
incurred by management and operating contractors that receive funds to perform
work for the National Nuclear Security Administration.
SEC. 3124. CERTIFICATION OF COMPLETION OF MILESTONES WITH RESPECT TO PLUTONIUM
PIT AGING.
(a) Requirement.--The Administrator for Nuclear Security shall complete the
milestones on plutonium pit aging identified in the report entitled ``Research
Program Plan for Plutonium and Pit Aging'', published by the National Nuclear
Security Administration in September 2021.
(b) Assessments.--The Administrator shall--
(1) acting through the Defense Programs Advisory Committee, conduct
biennial reviews during the period beginning not later than one year
after the date of the enactment of this Act and ending December 31,
2030, regarding the progress achieved toward completing the milestones
described in subsection (a); and
(2) seek to enter into an arrangement with the private scientific
advisory group known as JASON to conduct, not later than 2030, an
assessment of plutonium pit aging.
(c) Briefings.--During the period beginning not later than one year after
the date of the enactment of this Act and ending December 31, 2030, the
Administrator shall provide to the congressional defense committees biennial
briefings on--
(1) the progress achieved toward completing the milestones described
in subsection (a); and
(2) the results of the assessments described in subsection (b).
(d) Certification of Completion of Milestones.--Not later than October 1,
2031, the Administrator shall--
(1) certify to the congressional defense committees whether the
milestones described in subsection (a) have been achieved; and
(2) if the milestones have not been achieved, submit to such
committees a report--
(A) describing the reasons such milestones have not been
achieved;
(B) including, if the Administrator determines the
Administration will not be able to meet one of such milestones,
an explanation for that determination; and
(C) specifying new dates for the completion of the
milestones the Administrator anticipates the Administration will
meet.
SEC. 3125. NATIONAL NUCLEAR SECURITY ADMINISTRATION FACILITY ADVANCED
MANUFACTURING DEVELOPMENT.
(a) In General.--Of the funds authorized to be appropriated by this Act for
fiscal year 2023 for the National Nuclear Security Administration for nuclear
weapons production facilities, the Administrator for Nuclear Security may
authorize an amount, not to exceed 5 percent of such funds, to be used by the
director of each such facility to engage in research, development, and
demonstration activities in order to maintain and enhance the engineering and
manufacturing capabilities at such facility.
(b) Nuclear Weapons Production Facility Defined.--In this section, the term
``nuclear weapons production facility'' has the meaning given that term in
section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501).
SEC. 3126. AUTHORIZATION OF WORKFORCE DEVELOPMENT AND TRAINING PARTNERSHIP
PROGRAMS WITHIN NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authority.--The Administrator for Nuclear Security may authorize
management and operating contractors at covered facilities to develop and
implement workforce development and training partnership programs to further the
education and training of employees or prospective employees of such management
and operating contractors to meet the requirements of section 4219 of the Atomic
Energy Defense Act (50 U.S.C. 2538a).
(b) Capacity.--To carry out subsection (a), a management and operating
contractor at a covered facility may provide funding through grants or other
means to cover the costs of the development and implementation of a workforce
development and training partnership program authorized under such subsection,
including costs relating to curriculum development, hiring of teachers,
procurement of equipment and machinery, use of facilities or other properties,
and provision of scholarships and fellowships.
(c) Definitions.--In this section:
(1) The term ``covered facility'' means--
(A) Los Alamos National Laboratory, Los Alamos, New Mexico;
or
(B) the Savannah River Site, Aiken, South Carolina.
(2) The term ``prospective employee'' means an individual who has
applied (or who, based on their field of study and experience, is likely
to apply) for a position of employment with a management and operating
contractor to support plutonium pit production at a covered facility.
Subtitle C--Reports and Other Matters
SEC. 3131. MODIFICATION TO CERTAIN REPORTING REQUIREMENTS.
(a) Reports on Nuclear Warhead Acquisition Process.--Section 4223 of the
Atomic Energy Defense Act (50 U.S.C. 2538e) is amended--
(1) in subsection (a)(2)(A), by striking ``submit to the
congressional defense committees a plan'' and inserting ``provide to the
congressional defense committees a briefing on a plan''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``certify to the
congressional defense committees that'' and inserting ``provide
to the congressional defense committees a briefing that includes
certifications that--''; and
(B) in paragraph (2)--
(i) by inserting ``, or provide to such committees a
briefing on,'' after ``a report containing''; and
(ii) by inserting ``or briefing, as the case may
be'' after ``date of the report''.
(b) Reports on Transfers of Civil Nuclear Technology.--Section 3136 of the
National Defense Authorization Act for Fiscal Year 2016 (42 U.S.C. 2077a) is
amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new subsection:
``(i) Combination of Reports.--The Secretary of Energy may submit the annual
reports required by subsections (a), (d), and (e) as a single annual report,
including by providing portions of the information so required as an annex to
the single annual report.''.
(c) Conforming Amendment.--Section 161 n. of the Atomic Energy Act of 1954
(50 U.S.C. 2201(n)) is amended by striking ``section 3136(i) of the National
Defense Authorization Act for Fiscal Year 2016 (42 U.S.C. 2077a(i)))'' and
inserting ``section 3136 of the National Defense Authorization Act for Fiscal
Year 2016 (42 U.S.C. 2077a))''.
SEC. 3132. REPEAL OF OBSOLETE PROVISIONS OF THE ATOMIC ENERGY DEFENSE ACT AND
OTHER PROVISIONS.
(a) Repeal of Provisions of the Atomic Energy Defense Act.--
(1) In general.--The Atomic Energy Defense Act (50 U.S.C. 2501 et
seq.) is amended--
(A) in title XLII--
(i) in subtitle A, by striking section 4215; and
(ii) in subtitle B, by striking section 4235; and
(B) in title XLIV--
(i) in subtitle A, by striking section 4403;
(ii) in subtitle C, by striking sections 4444, 4445,
and 4446; and
(iii) in subtitle D, by striking section 4454.
(2) Clerical amendment.--The table of contents for the Atomic Energy
Defense Act is amended by striking the items relating to sections 4215,
4235, 4403, 4444, 4445, 4446, and 4454.
(b) Repeal of Other Provisions.--
(1) Authority to use international nuclear materials protection and
cooperation program funds outside the former soviet union.--Section 3124
of the National Defense Authorization Act for Fiscal Year 2004 (50
U.S.C. 2568) is repealed.
(2) Silk road initiative; nuclear nonproliferation fellowships.--
Sections 3133 and 3134 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (50 U.S.C. 2570, 2571) are
repealed.
(3) Requirement for research and development plan and report with
respect to nuclear forensics capabilities.--Section 3114 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (50
U.S.C. 2574) is repealed.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Continuation of functions and powers during loss of quorum.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2023, $41,401,400
for the operation of the Defense Nuclear Facilities Safety Board under chapter
21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
SECTION 3202. CONTINUATION OF FUNCTIONS AND POWERS DURING LOSS OF QUORUM.
Section 311(e) of the Atomic Energy Act of 1954 (42 U.S.C. 2286(e)) is
amended--
(1) by striking ``Three members'' and inserting ``(1) Three
members''; and
(2) by adding at the end the following new paragraphs:
``(2) In accordance with paragraph (4), during a covered period, the
Chairperson, in consultation with an eligible member, may carry out the
functions and powers of the Board under sections 312 through 316,
notwithstanding that a quorum does not exist.
``(3) Not later than 30 days after a covered period begins, the Chairperson
shall notify the congressional defense committees that a quorum does not exist.
``(4) The Chairperson may make recommendations to the Secretary of Energy
and initiate investigations into defense nuclear facilities under section 312
pursuant to paragraph (2) only if--
``(A) a period of 30 days elapses following the date on which the
Chairperson submits the notification required under paragraph (3);
``(B) not later than 30 days after making any such recommendation or
initiating any such investigation, the Chairperson notifies the
congressional defense committees of such recommendation or
investigation; and
``(C) any eligible member concurs with such recommendation or
investigation.
``(5) In this subsection:
``(A) The term `congressional defense committees' has the meaning
given such term in section 101(a) of title 10, United States Code.
``(B) The term `covered period' means a period beginning on the date
on which a quorum specified in paragraph (1) does not exist by reason of
either or both a vacancy in the membership of the Board or the
incapacity of a member of the Board and ending on the earlier of--
``(i) the date that is one year after such beginning date;
or
``(ii) the date on which a quorum exists.
``(C) The term `eligible member' means a member of the Board, other
than the Chairperson, serving during a covered period and who is not
incapacitated.''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated to the Secretary
of Energy $13,004,000 for fiscal year 2023 for the purpose of carrying out
activities under chapter 869 of title 10, United States Code, relating to the
naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain available until
expended.
TITLE XXXV--MARITIME ADMINISTRATION
Subtitle A--Maritime Administration
Sec. 3501. Authorization of appropriations for the Maritime
Administration.
Sec. 3502. Secretary of Transportation responsibility with respect to
cargoes procured, furnished, or financed by
other Federal departments and agencies.
Subtitle B--Merchant Marine Academy
Sec. 3511. Exemption of certain students from requirement to obtain
merchant mariner license.
Sec. 3512. Board of Visitors.
Sec. 3513. Protection of cadets from sexual assault onboard vessels.
Sec. 3514. Service academy faculty parity of use of United States
Government works.
Sec. 3515. Reports on matters relating to the United States Merchant
Marine Academy.
Sec. 3516. Study on Capital Improvement Program at the USMMA.
Sec. 3517. Requirements relating to training of Merchant Marine Academy
cadets on certain vessels.
Subtitle C--Maritime Infrastructure
Sec. 3521. United States marine highway program.
Sec. 3522. Port infrastructure development grants.
Sec. 3523. Project selection criteria for port infrastructure
development program.
Sec. 3524. Infrastructure improvements identified in the report on
strategic seaports.
Sec. 3525. GAO review of Government efforts to promote growth and
modernization of United States Merchant
Fleet.
Sec. 3526. GAO review of Federal efforts to enhance port infrastructure
resiliency and disaster preparedness.
Sec. 3527. Study on foreign investment in shipping.
Sec. 3528. Report on alternate marine fuel bunkering facilities at
ports.
Sec. 3529. Study of cybersecurity and national security threats posed
by foreign manufactured cranes at United
States ports.
Subtitle D--Maritime Workforce
Sec. 3531. Improving Protections for Midshipmen.
Sec. 3532. Maritime Technical Advancement Act.
Sec. 3533. Ensuring diverse mariner recruitment.
Sec. 3534. Low emissions vessels training.
Subtitle E--Other Matters
Sec. 3541. Waiver of navigation and vessel inspection laws.
Sec. 3542. National maritime strategy.
Sec. 3543. Maritime Environmental and Technical Assistance Program.
Sec. 3544. Definition of qualified vessel.
Sec. 3545. Establishing a capital construction fund.
Sec. 3546. Recapitalization of National Defense Reserve Fleet.
Sec. 3547. Sense of Congress on Merchant Marine.
Sec. 3548. Analysis of effects of chemicals in stormwater runoff on
Pacific salmon and steelhead.
Sec. 3549. Report on effective vessel quieting measures.
Subtitle A--Maritime Administration
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR THE MARITIME ADMINISTRATION.
(a) Maritime Administration.--There are authorized to be appropriated to the
Department of Transportation for fiscal year 2023, for programs associated with
maintaining the United States Merchant Marine, the following amounts:
(1) For expenses necessary to support the United States Merchant
Marine Academy, $112,848,000, of which--
(A) $87,848,000 shall be for Academy operations;
(B) $22,000,000 shall be for facilities maintenance and
repair and equipment; and
(C) $3,000,000 shall be for training, staffing, retention,
recruiting, and contract management for United States Merchant
Marine Academy capital improvement projects.
(2) For expenses necessary to support the State maritime academies,
$53,780,000, of which--
(A) $2,400,000 shall be for the Student Incentive Program;
(B) $6,000,000 shall be for direct payments for State
maritime academies;
(C) $6,800,000 shall be for training ship fuel assistance;
(D) $8,080,000 shall be for offsetting the costs of training
ship sharing; and
(E) $30,500,000 shall be for maintenance and repair of State
maritime academy training vessels.
(3) For expenses necessary to support the National Security Multi-
Mission Vessel Program, including funds for construction and necessary
expenses to construct shoreside infrastructure to support such vessels,
$75,000,000.
(4) For expenses necessary to support Maritime Administration
operations and programs, $131,433,000, of which--
(A) $15,000,000 shall be for the Maritime Environmental and
Technical Assistance program authorized under section 50307 of
title 46, United States Code;
(B) $30,000,000 shall be for shall be for the Maritime
Centers of Excellence, including to make grants authorized under
Section 51706 of title 46, United States Code;
(C) $15,000,000 shall be for the Marine Highways Program,
including to make grants as authorized under section 55601 of
title 46, United States Code;
(D) $67,433,000 shall be for headquarters operations
expenses;
(E) $2,000,000 shall be for expenses necessary to provide
for sealift contested environment evaluation;
(F) $800,000 shall be for expenses necessary to provide for
National Defense Reserve Fleet resiliency; and
(G) $1,200,000 shall be for expenses necessary to provide
for a comprehensive evaluation to assess the requirements for
the training ship State of Michigan.
(5) For expenses necessary for the disposal of obsolete vessels in
the National Defense Reserve Fleet of the Maritime Administration,
$6,000,000.
(6) For expenses necessary to maintain and preserve a United States
flag merchant marine to serve the national security needs of the United
States under chapter 531 of title 46, United States Code, $318,000,000.
(7) For expenses necessary for the loan guarantee program authorized
under chapter 537 of title 46, United States Code, $33,000,000, of
which--
(A) $30,000,000 may be for the cost (as defined in section
502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5))) of loan guarantees under the program; and
(B) $3,000,000 may be used for administrative expenses
relating to loan guarantee commitments under the program.
(8) For expenses necessary to provide assistance to small shipyards
and for maritime training programs authorized under section 54101 of
title 46, United States Code, $30,000,000.
(9) For expenses necessary to implement the Port Infrastructure
Development Program, as authorized under section 54301 of title 46,
United States Code, $750,000,000, to remain available until expended,
except that no such funds authorized under this title for this program
may be used to provide a grant to purchase fully automated cargo
handling equipment that is remotely operated or remotely monitored with
or without the exercise of human intervention or control, if the
Secretary of Transportation determines such equipment would result in a
net loss of jobs within a port or port terminal. If such a determination
is made, the data and analysis for such determination shall be reported
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives not later than 3 days after the date of the
determination.
(b) Tanker Security Program.--
(1) Funding.--Section 53411 of title 46, United States Code, is
amended by striking ``through 2035'' and inserting ``and 2023, and
$120,000,000 for fiscal years 2024 through 2035''.
(2) Increase in number of vessels.--Section 53403(c) of title 46,
United States Code, is amended--
(A) by striking ``For any fiscal year, the Secretary'' and
inserting ``The Secretary'';
(B) by striking ``more than 10 vessels'' and inserting
``more than--''; and
(C) by adding at the end the following new paragraphs:
``(1) for each of fiscal years 2022 and 2023, 10 vessels; and
``(2) for any subsequent fiscal year, 20 vessels.''.
(c) Report.--Not later than June 30, 2023, the Maritime Administrator shall
prepare and submit to the Committees on Armed Services of the House of
Representatives and of the Senate, to the Committee on Transportation and
Infrastructure of the House of Representatives, and to the Committee on
Commerce, Science, and Transformation of the Senate a report that includes the
following:
(1) An assessment of industry capacity to support an expansion of
the Tanker Security Program pursuant to section 53411 of title 46,
United States Code, as amended by subsection (b)(1), and section
53403(c) of title 46, United States Code, as amended by subsection
(b)(2).
(2) An implementation timeline for entering 10-vessels into the
Tanker Security Program not later than September 30, 2023, including all
vessel conversion requirements, and crew training requirements.
(3) An implementation timeline for entering 20-vessels into the
Tanker Security Program not later than September 30, 2024, including all
vessel conversion requirements, and crew training requirements.
(4) An assessment of whether the $6,000,000 per-vessel stipend meets
requirements to attract and sustain the full 20-vessel requirement for
the Tanker Security Program.
(5) An assessment of the need for additional authorities to offset
the costs associated with converting vessels into CONSOL-capable
vessels, and to offset the costs associated with training the crews to
operate such vessels.
(6) Other matters the Administrator deems appropriate.
SEC. 3502. SECRETARY OF TRANSPORTATION RESPONSIBILITY WITH RESPECT TO CARGOES
PROCURED, FURNISHED, OR FINANCED BY OTHER FEDERAL DEPARTMENTS AND
AGENCIES.
(a) In General.--Not later than 270 days after the date of the enactment of
this Act, the Administrator of the Maritime Administration shall issue a final
rule to implement and enforce section 55305(d) of title 46, United States Code.
(b) Programs of Other Agencies.--Section 55305(d)(2)(A) of title 46, United
States Code, is amended by inserting after ``section'' the following: ``and
annually submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the administration of such programs''.
Subtitle B--Merchant Marine Academy
SEC. 3511. EXEMPTION OF CERTAIN STUDENTS FROM REQUIREMENT TO OBTAIN MERCHANT
MARINER LICENSE.
Section 51309 of title 46, United States Code, is amended--
(1) in subsection (a)(2)--
(A) by inserting ``able or'' before ``allowed'';
(B) by striking ``only because of physical disqualification
may'' and inserting ``solely due to a documented medical or
psychological condition shall''; and
(C) in the paragraph heading, by inserting ``or
psychological'' after ``physical''; and
(2) by adding at the end the following new subsection:
``(d) Definition of Documented Medical or Psychological Condition.--In this
section the term `documented medical or psychological condition' means, with
respect to an individual, a physical disqualification or psychological
condition, including a mental health condition arising from sexual assault or
sexual harassment, for which the individual has been treated or is being treated
by a medical or psychological provider.''.
SEC. 3512. BOARD OF VISITORS.
Section 51312 of title 46, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) by redesignating subparagraph (C) as
subparagraph (D);
(ii) in subparagraph (D), as so redesignated, by
striking ``flag-rank who'' and inserting ``flag-rank'';
(iii) in subparagraph (B), by striking ``and'' after
the semicolon; and
(iv) by inserting after subparagraph (B) the
following:
``(C) at least 1 shall be a representative of a maritime
labor organization; and''; and
(B) in paragraph (3), by adding at the end the following:
``(C) Replacement.--If a member of the Board is replaced,
not later than 60 days after the date of the replacement, the
Designated Federal Officer selected under subsection (g)(2)
shall notify that member.'';
(2) in subsection (d)--
(A) in paragraph (1), by inserting ``and 2 additional
meetings, which may be held in person or virtually'' after
``Academy''; and
(B) by adding at the end the following:
``(3) Scheduling; notification.--When scheduling a meeting of the
Board, the Designated Federal Officer shall coordinate, to the greatest
extent practicable, with the members of the Board to determine the date
and time of the meeting. Members of the Board shall be notified of the
date of each meeting not less than 30 days prior to the meeting date.'';
(3) in subsection (e), by adding at the end the following:
``(4) Staff.--One or more staff of each member of the Board may
accompany them on Academy visits.
``(5) Scheduling; notification.--When scheduling a visit to the
Academy, the Designated Federal Officer shall coordinate, to the
greatest extent practicable, with the members of the Board to determine
the date and time of the visit. Members of the Board shall be notified
of the date of each visit not less than 30 days prior to the visit
date.''; and
(4) in subsection (h)--
(A) by inserting ``and ranking member'' after ``chairman''
each place the term appears; and
(B) by adding at the end the following: ``Such staff may
attend meetings and may visit the Academy.''.
SEC. 3513. PROTECTION OF CADETS FROM SEXUAL ASSAULT ONBOARD VESSELS.
(a) In General.--Section 51322 of title 46, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Safety Criteria.--The Maritime Administrator, after consulting with
the Commandant of the Coast Guard, shall establish--
``(1) criteria, to which an owner or operator of a vessel engaged in
commercial service shall adhere prior to carrying a cadet performing
their Sea Year service from the United States Merchant Marine Academy,
that addresses prevention of, and response to, sexual harassment, dating
violence, domestic violence, sexual assault, and stalking; and
``(2) a process for collecting pertinent information from such
owners or operators and verifying their compliance with the criteria.
``(b) Minimum Standards.--At a minimum, the criteria established under
subsection (a) shall require the vessel owners or operators to have policies
that address--
``(1) communication between a cadet and an individual ashore who is
trained in responding to incidents of sexual harassment, dating
violence, domestic violence, sexual assault, and stalking;
``(2) the safety and security of cadet staterooms while a cadet is
onboard the vessel;
``(3) requirements for crew to report complaints or incidents of
sexual assault, sexual harassment, dating violence, domestic violence,
and stalking consistent with the requirements in section 10104;
``(4) the maintenance of records of reports of sexual harassment,
dating violence, domestic violence, sexual assault, and stalking onboard
a vessel carrying a cadet;
``(5) the maintenance of records of sexual harassment, dating
violence, domestic violence, sexual assault, and stalking training as
required under subsection (f);
``(6) a requirement for the owner or operator provide each cadet a
copy of the policies and procedures related to sexual harassment, dating
violence, domestic violence, sexual assault, and stalking policies that
pertain to the vessel on which they will be employed; and
``(7) any other issues the Maritime Administrator determines
necessary to ensure the safety of cadets during Sea Year training.
``(c) Self-certification by Owners or Operators.--The Maritime Administrator
shall require the owner or operator of any commercial vessel that is carrying a
cadet from the United States Merchant Marine Academy to annually certify that--
``(1) the vessel owner or operator is in compliance with the
criteria established under subsection (a); and
``(2) the vessel is in compliance with the International Convention
of Safety of Life at Sea, 1974 (32 UST 47) and sections 8106 and
70103(c).
``(d) Information, Training, and Resources.--The Maritime Administrator
shall ensure that a cadet participating in Sea Year--
``(1) receives training specific to vessel safety, including sexual
harassment, dating violence, domestic violence, sexual assault, and
stalking prevention and response training, prior to the cadet boarding a
vessel for Sea Year training;
``(2) is equipped with an appropriate means of communication and has
been trained on its use;
``(3) has access to a helpline to report incidents of sexual
harassment, dating violence, domestic violence, sexual assault, or
stalking that is monitored by trained personnel; and
``(4) is informed of the legal requirements for vessel owners and
operators to provide for the security of individuals onboard, including
requirements under section 70103(c) and chapter 81.'';
(2) by redesignating subsections (b) through (d) as subsections (e)
through (g), respectively;
(3) in subsection (e), as so redesignated, by striking paragraph (2)
and inserting the following new paragraphs:
``(2) Access to information.--The vessel operator shall make
available to staff conducting a vessel check such information as the
Maritime Administrator determines is necessary to determine whether the
vessel is being operated in compliance with the criteria established
under subsection (a).
``(3) Removal of students.--If staff of the Academy or staff of the
Maritime Administration determine that a commercial vessel is not in
compliance with the criteria established under subsection (a), the
staff--
``(A) may remove a cadet of the Academy from the vessel; and
``(B) shall report such determination of non-compliance to
the owner or operator of the vessel.'';
(4) in subsection (f), as so redesignated, by striking ``or the
seafarer union'' and inserting ``and the seafarer union''; and
(5) by adding at the end the following:
``(h) Noncommercial Vessels.--
``(1) In general.--A public vessel (as defined in section 2101)
shall not be subject to the requirements of this section.
``(2) Requirements for participation.--The Maritime Administrator
may establish criteria and requirements that the operators of public
vessels shall meet to participate in the Sea Year program of the United
States Merchant Marine Academy that addresses prevention of, and
response to, sexual harassment, dating violence, domestic violence,
sexual assault, and stalking.
``(i) Sharing of Best Practices.--The Maritime Administrator shall share
with State maritime academies best practices for, and lessons learned with
respect to, the prevention of, and response to, sexual harassment, dating
violence, domestic violence, sexual assault, and stalking.''.
(b) Regulations.--
(1) In general.--The Maritime Administrator may prescribe rules
necessary to carry out the amendments made by this section.
(2) Interim rules.--The Maritime Administrator may prescribe interim
rules necessary to carry out the amendments made by this section. For
this purpose, the Maritime Administrator in prescribing rules under
paragraph (1) is excepted from compliance with the notice and comment
requirements of section 553 of title 5, United States Code. All rules
prescribed under the authority of the amendments made by this section
shall remain in effect until superseded by a final rule.
(c) Conforming Amendments.--
(1) Sea year compliance.--Section 3514 of the National Defense
Authorization Act for Fiscal Year 2017 (46 U.S.C. 51318 note) is
repealed.
(2) Access of academy cadets to dod safe or equivalent helpline.--
Section 3515 of the National Defense Authorization Act for Fiscal Year
2018 (46 U.S.C. 51518 note) is amended by striking subsection (b) and
redesignating subsection (c) as subsection (b).
SEC. 3514. SERVICE ACADEMY FACULTY PARITY OF USE OF UNITED STATES GOVERNMENT
WORKS.
Section 105 of title 17, United States Code, is amended--
(1) in the heading of subsection (b), by striking ``Certain of Works
'' and inserting ``Certain Works'';
(2) in the first subsection (c) (relating to ``Use by Federal
Government'') by striking ``The Secretary of Defense'' and inserting ``A
covered Secretary'';
(3) by redesignating the second subsection (c) (relating to
``Definitions'') as subsection (d); and
(4) in subsection (d), as redesignated by paragraph (3),
(A) in paragraph (2), by adding at the end the following:
``(M) United States Merchant Marine Academy.'';
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following new
paragraph:
``(3) The term `covered Secretary' means--
``(A) the Secretary of Transportation, with respect to the
United States Merchant Marine Academy;
``(B) the Secretary of Homeland Security, with respect to
the United States Coast Guard Academy; or
``(C) the Secretary of Defense, with respect to any other
covered institution under paragraph (2).''.
SEC. 3515. REPORTS ON MATTERS RELATING TO THE UNITED STATES MERCHANT MARINE
ACADEMY.
(a) Report on Implementation of NAPA Recommendations.--
(1) In general.--In accordance with paragraph (3), the Secretary of
Transportation shall submit to the appropriate congressional committees
reports on the status of the implementation of the recommendations
specified in paragraph (4).
(2) Elements.--Each report under paragraph (1) shall include the
following:
(A) A description of the status of the implementation of
each recommendation specified in paragraph (4), including
whether the Secretary--
(i) concurs with the recommendation;
(ii) partially concurs with the recommendation;
(iii) does not concur with the recommendation; or
(iv) determines the recommendation is not applicable
to the Department of Transportation.
(B) An explanation of--
(i) with respect to a recommendation with which the
Secretary concurs, the actions the Secretary intends to
take to implement such recommendation, including--
(I) any rules, regulations, policies, or
other guidance that have been issued, revised,
changed, or cancelled as a result of the
implementation of the recommendation; and
(II) any impediments to the implementation
of the recommendation;
(ii) with respect to a recommendation with which the
Secretary partially concurs, the actions the Secretary
intends to take to implement the portion of such
recommendation with which the Secretary concurs,
including--
(I) intermediate actions, milestone dates,
and the expected completion date for the
implementation of the portion of the
recommendation; and
(II) any rules, regulations, policies, or
other guidance that are expected to be issued,
revised, changed, or cancelled as a result of
the implementation of the portion of the
recommendation;
(iii) with respect to a recommendation with which
the Secretary does not concur, an explanation of why the
Secretary does not concur with such recommendation;
(iv) with respect to a recommendation that the
Secretary determines is not applicable to the Department
of Transportation, an explanation of the reasons for the
determination; and
(v) any statutory changes that may be necessary--
(I) to fully implement the recommendations
specified in paragraph (4) with which the
Secretary concurs; or
(II) to partially implement the
recommendations specified in such paragraph with
which the Secretary partially concurs.
(C) A visual depiction of the status of the completion of
the recommendations specified in paragraph (4).
(3) Timing of reports.--The Secretary of Transportation shall submit
an initial report under paragraph (1) not later than 180 days after the
date of the enactment of this Act. Following the submittal of the
initial report, the Secretary shall submit updated versions of the
report not less frequently than once every 180 days until the date on
which the Secretary submits to the appropriate congressional committees
a certification that each recommendation specified in paragraph (4)--
(A) with which the Secretary concurs--
(i) has been fully implemented; or
(ii) cannot be fully implemented, including an
explanation of why; and
(B) with which the Secretary partially concurs--
(i) has been partially implemented; or
(ii) cannot be partially implemented, including an
explanation of why.
(4) Recommendations specified.--The recommendations specified in
this paragraph are the recommendations set forth in the report prepared
by a panel of the National Academy of Public Administration pursuant to
section 3513 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 133 Stat. 1979) titled ``Organizational
Assessment of the U.S. Merchant Marine Academy: A Path Forward'', dated
November 2021.
(b) Report on Implementation of Policy Relating to Sexual Harassment and
Other Matters.--Not later than one year after the date of the enactment of this
Act, the Secretary of Transportation shall submit to the appropriate
congressional committees a report on the status of the implementation of the
policy on sexual harassment, dating violence, domestic violence, sexual assault,
and stalking at the United States Merchant Marine Academy, as required under
section 51318 of title 46, United States Code.
(c) Inspector General Audit.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Department of
Transportation shall initiate an audit of the actions taken by the
Maritime Administration to address only the following recommendations
identified by a National Academy of Public Administration panel in the
November 2021 report titled ``Organizational Assessment of the United
States Merchant Marine Academy: A Path Forward'':
(A) Recommendations 4.1 through 4.3.
(B) Recommendations 4.7 through 4.11.
(C) Recommendations 5.1 through 5.4.
(D) Recommendations 5.6, 5.7, 5.11, 5.14, 5.15, 5.16, 6.6,
and 6.7.
(E) Recommendations 6.1 through 6.4.
(2) Report.--After the completion of the audit required under
paragraph (1), the Inspector General shall submit to the appropriate
congressional committees, and make publicly available, a report
containing the results of the audit.
(d) Implementation of Recommendations From the National Academy of Public
Administration.--
(1) Agreement for study by national academy of public
administration.--
(A) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Transportation shall
seek to enter into an agreement with the National Academy of
Public Administration (referred to in this section as the
``Academy'') under which the Academy shall provide support for--
(i) prioritizing and addressing the recommendations
referred to subsection (c)(1) and establishing a process
for prioritizing other recommendations in the future;
(ii) the development of--
(I) long-term processes and a timeframe for
long-term process improvements; and
(II) corrective actions and best practice
criteria that can be implemented in the medium-
and near-term;
(iii) the establishment of a clear assignment of
responsibility for the implementation of each
recommendation referred to in subsection (c)(1), and a
strategy for assigning other recommendations in the
future; and
(iv) a performance measurement system, including
data collection and tracking and evaluating progress
toward goals of the Merchant Marine Academy.
(B) Report of progress.--Not later than one year after the
date of an agreement entered into pursuant to subparagraph (A),
the Secretary of Transportation, in consultation with the
Administrator of the Merchant Marine Academy, shall submit to
the Maritime Administrator and the appropriate congressional
committees a report on the progress made in implementing the
recommendations referred to in subsection (c)(1).
(2) Prioritization and implementation plan.--
(A) In general.--Not later than one year after the date of
enactment of this Act, the Maritime Administrator shall submit
to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Armed Services of the House of
Representatives a prioritization and implementation plan to
assess, prioritize, and address the recommendations identified
by the National Academy of Public Administration panel in the
November 2021 report titled ``Organizational Assessment of the
United States Merchant Marine Academy: A Path Forward'' that
Superintendent of the Merchant Marine Academy determines are
relevant to the Maritime Administration, including the
recommendations referred to in subsection (c)(1). The
prioritization and implementation plan shall--
(i) be developed using the strategies, processes,
and systems developed pursuant to an agreement entered
into under paragraph (1);
(ii) include estimated timelines and cost estimates
for the implementation of priority goals;
(iii) include summaries of stakeholder and
interagency engagement used to assess goals and
timelines;
(iv) with respect to any recommendation the
Superintendent determines is not relevant to the
Maritime Administration, include an explanation for the
determination; and
(v) submitted to the Inspector General of the
Department of Transportation and the appropriate
congressional committees and made publicly available.
(B) Audit and report.--The Inspector General of the
Department of Transportation shall--
(i) not later than 180 days after the date on which
the prioritization and implementation plan described in
subparagraph (A) is made publicly available, initiate an
audit of the actions taken by the Maritime
Administration to address such plan;
(ii) monitor the actions taken by the Maritime
Administration to implement recommendations contained in
the audit required under clause (i) and in prior audits
of the Maritime Administration's implementation of
National Academy of Public Administration
recommendations and periodically initiate subsequent
audits of the continued actions taken by the Maritime
Administration to address the prioritization and
implementation plan, as the Inspector General determines
necessary; and
(iii) after the completion of the audit required
under clause (i), submit to the Administrator of the
Maritime Administration and the appropriate
congressional committees, and make publicly available, a
report containing the results of the audit.
(C) Report of progress.--Not later than 180 days after the
date on which the report required under clause (ii) is made
publicly available, and annually thereafter, the Administrator
of the Maritime Administration shall submit to the Inspector
General of the Department of Transportation and the appropriate
congressional committees a report that includes a description
of--
(i) the actions planned to be taken by the Maritime
Administration, and estimated timeframes, to implement
any open or unresolved recommendation--
(I) included in the report of the Inspector
General required under subsection (B)(iii); or
(II) referred to in subsection (c)(1); and
(ii) an identification of any recommendation
referred to in clause (i) for which the Maritime
Administration failed to meet a target action date, or
for which the Maritime Administration requested an
extension of time, and the reasons why such an extension
was necessary.
(3) Agreement for plan on capital improvements.--Not later than 90
days after the date of the enactment of this Act, the Maritime
Administrator shall seek to enter into an agreement with a Federal
construction agent for the development of a plan to execute capital
improvements at the United States Merchant Marine Academy.
(e) Appropriate Congressional Committees.--In this section, the term
``appropriate congressional committees'' means--
(1) the Committee on Commerce, Science, and Transportation of the
Senate;
(2) the Subcommittee on Transportation, Housing and Urban
Development, and Related Agencies of the Committee on Appropriations of
the Senate;
(3) the Committee on Transportation and Infrastructure of the House
of Representatives;
(4) the Subcommittee on Transportation, Housing and Urban
Development, and Related Agencies of the Committee on Appropriations of
the House of Representatives; and
(5) the Committee on Armed Services of the House of Representatives.
SEC. 3516. STUDY ON CAPITAL IMPROVEMENT PROGRAM AT THE USMMA.
(a) Study.--The Comptroller General of the United States shall conduct a
study of the United States Merchant Marine Academy Capital Improvement Program.
The study shall include an evaluation of--
(1) the actions the United States Merchant Marine Academy has taken
to bring the buildings, infrastructure, and other facilities on campus
into compliance with applicable building codes and the further actions
required for full compliance;
(2) how the approach that the United States Merchant Marine Academy
uses to manage its capital assets compares with national leading
practices;
(3) how cost estimates prepared for capital asset projects compares
with cost estimating leading practices;
(4) whether the United States Merchant Marine Academy has adequate
staff who are trained to identify needed capital projects, estimate the
cost of those projects, perform building maintenance, and manage capital
improvement projects; and
(5) how the United States Merchant Marine Academy identifies and
prioritizes capital construction needs, and how the prioritization of
such needs relates to the safety, education, and wellbeing of
midshipmen.
(b) Report.--Not later than 18 months after the date of the enactment of
this section, the Comptroller General shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Transportation
and Infrastructure and the Committee on Armed Services of the House of
Representatives a report containing the findings of the study conducted under
subsection (a).
SEC. 3517. REQUIREMENTS RELATING TO TRAINING OF MERCHANT MARINE ACADEMY CADETS
ON CERTAIN VESSELS.
(a) Requirements Relating to Protection of Cadets From Sexual Assault
Onboard Vessels.--
(1) In general.--Subsection (b) of section 51307 of title 46, United
States Code, is amended to read as follows:
``(b) Sea Year Cadets on Certain Vessels.--
``(1) Requirements.--The Secretary shall require an operator of a
vessel participating in the Maritime Security Program under chapter 531
of this title, the Cable Security Fleet under chapter 532 of this title,
or the Tanker Security Fleet under chapter 534 of this title to--
``(A) carry on each Maritime Security Program vessel, Cable
Security Fleet vessel, or Tanker Security Fleet vessel 2 United
States Merchant Marine Academy cadets, if available, on each
voyage; and
``(B) implement and adhere to policies, programs, criteria,
and requirements established pursuant to section 51322 of this
title.
``(2) Failure to implement or adhere to requirements.--Failure to
implement or adhere to the policies, programs, criteria, and
requirements referred to in paragraph (1) may, as determined by the
Maritime Administrator, constitute a violation of an operating agreement
entered into under chapter 531, 532, or 534 of this title and the
Maritime Administrator may--
``(A) require the operator to take corrective actions; or
``(B) withhold payment due to the operator until the
violation, as determined by the Maritime Administrator, has been
remedied.
``(3) Withheld payments.--Any payment withheld pursuant to paragraph
(2)(B) may be paid, upon a determination by the Maritime Administrator
that the operator is in compliance with the policies, programs,
criteria, and requirements referred to in paragraph (1).''.
(2) Applicability.--Paragraph (2) of subsection (b) of section
51307, as amended by paragraph (1), shall apply with respect to any
failure to implement or adhere to the policies, programs, criteria, and
requirements referred to in paragraph (1)(B) of such subsection that
occurs on or after the date that is one year after the date of the
enactment of this Act.
(b) Conforming Amendments.--Title 46, United States Code, is further
amended--
(1) in section 53106(a)(2), by inserting ``or section 51307(b)''
after ``this section'';
(2) in section 53206(a)(2), by inserting ``or section 51307(b)''
after ``this section''; and
(3) in section 53406(a), by inserting ``or section 51307(b)'' after
``this section''.
Subtitle C--Maritime Infrastructure
SEC. 3521. UNITED STATES MARINE HIGHWAY PROGRAM.
(a) United States Marine Highway Program.--
(1) In general.--Section 55601 of title 46, United States Code, is
amended to read as follows:
``Sec. 55601. United States marine highway program
``(a) Establishment.--
``(1) In general.--There is in the Department of Transportation a
program, to be known as the `United States marine highway program'.
``(2) Additional program activities.--In carrying out the program
established under this subsection, the Secretary of Transportation may--
``(A) coordinate with ports, State departments of
transportation, localities, other public agencies, and
appropriate private sector entities on the development of
landside facilities and infrastructure to support marine highway
transportation; and
``(B) develop performance measures for the program.
``(b) Marine Highway Transportation Routes.--
``(1) Designation.--The Secretary may designate a route as a marine
highway transportation route, or modify such a designation, if--
``(A) such route--
``(i) provides a coordinated and capable alternative
to landside transportation;
``(ii) mitigates or relieves landside congestion;
``(iii) promotes marine highway transportation; or
``(iv) uses vessels documented under chapter 121;
and
``(B) such designation or modification is requested by--
``(i) the government of a State or territory;
``(ii) a metropolitan planning organization;
``(iii) a port authority;
``(iv) a non-Federal navigation district; or
``(v) a Tribal government.
``(2) Determination.--Not later than 180 days after the date on
which the Maritime Administrator receives a request for the designation
or modification of a marine highway route under paragraph (1), the
Maritime Administrator shall make a determination of whether to make the
requested designation or modification.
``(3) Notification.--Not later than 14 days after the date on which
the Maritime Administrator makes a determination under paragraph (2),
the Maritime Administrator shall notify the requester of the
determination.
``(c) Map of Marine Highway Program Routes.--
``(1) In general.--The Maritime Administrator shall make publicly
available a map showing the location of marine highway routes, including
such routes along the coasts, in the inland waterways, and at sea and
update that map when a marine highway route is designated or modified
pursuant to subsection (b).
``(2) Coordination.--The Maritime Administrator shall coordinate
with the Administrator of the National Oceanic and Atmospheric
Administration to incorporate the map referred to in paragraph (1) into
the Marine Cadastre.
``(d) Assistance.--
``(1) In general.--The Secretary may make grants to, or enter into
contracts or cooperative agreements with, eligible entities to implement
a marine highway transportation project or a component of such a project
if the Secretary determines that the project or component--
``(A) meets the criteria referred to in subsection
(b)(1)(A); and
``(B) develops, expands, or promotes--
``(i) marine highway transportation; or
``(ii) shipper use of marine highway transportation.
``(2) Application.--
``(A) In general.--To be eligible to receive a grant or to
enter into a contract or cooperative agreement under this
subsection, an eligible entity shall submit to the Secretary an
application in such form and manner, and at such time, as the
Secretary may require. Such an application shall include the
following:
``(i) A comprehensive description of--
``(I) the marine highway route to be served
by the marine highway transportation project;
``(II) the supporters of the marine highway
transportation project, which may include
business affiliations, private sector
stakeholders, State departments of
transportation, metropolitan planning
organizations, municipalities, or other
governmental entities (including Tribal
governments), as applicable;
``(III) the need for such project; and
``(IV) the performance measure for the
marine highway transportation project, such as
volumes of cargo or passengers moved, or
contribution to environmental mitigation,
safety, reduced vehicle miles traveled, or
reduced maintenance and repair costs.
``(ii) A demonstration, to the satisfaction of the
Secretary, that--
``(I) the marine highway transportation
project is financially viable; and
``(II) the funds or other assistance
provided under this subsection will be spent or
used efficiently and effectively.
``(iii) Such other information as the Secretary may
require.
``(B) Pre-proposal.--
``(i) In general.--Prior to accepting a full
application under subparagraph (A), the Secretary may
require that an eligible entity first submit a pre-
proposal that contains a brief description of the item
referred to in clauses (i) through (iii) of such
subparagraph.
``(ii) Feedback.--Not later than 30 days after
receiving a pre-proposal under clause (i) from an
eligible entity, the Secretary shall provide to the
eligible entity feedback to encourage or discourage the
eligible entity from submitting a full application. An
eligible entity may still submit a full application even
if that eligible entity is not encouraged to do so after
submitting a pre-proposal.
``(C) Prohibition.--The Secretary may not require separate
applications for project designation and for assistance under
this section.
``(D) Grant application feedback.--Following the award of
assistance under this subsection for a particular fiscal year,
the Secretary may provide feedback to an applicant to help such
applicant improve future applications if the feedback is
requested by that applicant.
``(3) Timing.--
``(A) Notice of funding opportunity.--The Secretary shall
post a notice of funding opportunity regarding grants,
contracts, or cooperative agreements under this subsection not
more than 60 days after the date of the enactment of the
appropriations Act for the fiscal year concerned.
``(B) Awarding of assistance.-- The Secretary shall award
grants, contracts, or cooperative agreements under this
subsection not later than 270 days after the date of the
enactment of the appropriations Act for the fiscal year
concerned.
``(4) Non-federal share.--
``(A) In general.--Except as provided in subparagraph (B),
not more than 80 percent of the funding for any project for
which funding is provided under this subsection may come from
Federal sources.
``(B) Tribal governments and rural areas.--The Secretary may
increase the Federal share of funding for the project to an
amount above 80 percent in the case of an award of assistance
under this subsection--
``(i) to an eligible entity that is a Tribal
government; or
``(ii) for a project located in a rural area.
``(5) Preference for financially viable projects.-- In awarding
grants or entering into contracts or cooperative agreements under this
subsection, the Secretary shall give a preference to a project or
component of a project that presents the most financially viable
transportation service and require the lowest percentage of Federal
share of the funding.
``(6) Treatment of unexpended funds.--Notwithstanding paragraph
(3)(B), amounts awarded under this subsection that are not expended by
the recipient within five years after obligation of funds or that are
returned shall remain available to the Secretary to make grants and
enter into contracts and cooperative agreements under this subsection.
``(7) Conditions on provision of assistance.--The Secretary may not
provide assistance to an eligible entity under this subsection unless
the Secretary determines that--
``(A) sufficient funding is available to meet the non-
Federal share requirement under paragraph (4);
``(B) the marine highway project for which such assistance
is provided will be completed without unreasonable delay; and
``(C) the eligible entity has the authority to implement the
proposed marine highway project.
``(8) Prohibited uses.--Assistance provided under this subsection
may not be used--
``(A) to improve port or land-based infrastructure outside
the United States; or
``(B) unless the Secretary determines that such activities
are necessary to carry out the marine highway project for which
such assistance is provided, to raise sunken vessels, construct
buildings or other physical facilities, or acquire land.
``(9) Geographic distribution.--In making grants, contracts, and
cooperative agreements under this section the Secretary shall take such
measures so as to ensure an equitable geographic distribution of funds.
``(10) Eligible entity.--In this subsection, the term `eligible
entity' means--
``(A) a State, a political subdivision of a State, or a
local government;
``(B) a United States metropolitan planning organization;
``(C) a United States port authority;
``(D) a Tribal government; or
``(E) a United States private sector operator of marine
highway projects or private sector owners of facilities,
including an Alaska Native Corporation, with an endorsement
letter from the requester of a marine highway route designation
or modification referred to in subsection (b)(1)(B).''.
(2) Clerical amendment.--The analysis for chapter 556 of title 46,
United States Code, is amended by striking the item relating to section
55601 and inserting the following:
``55601. United States marine highway program.''.
(b) Multistate, State, Tribal, and Regional Transportation Planning.--
(1) In general.--Chapter 556 of title 46, United States Code, is
amended by inserting after section 55602 the following:
``Sec. 55603. Multistate, State, Tribal, and regional transportation planning
``(a) In General.--The Secretary, in consultation with Federal entities,
State and local governments, Tribal governments, and appropriate private sector
entities, may develop strategies to encourage the use of marine highway
transportation for transportation of passengers and cargo.
``(b) Strategies.--If the Secretary develops strategies under subsection
(a), the Secretary may--
``(1) assess the extent to which States, local governments, and
Tribal governments include marine highway transportation and other
marine transportation solutions in transportation planning;
``(2) encourage State and Tribal departments of transportation to
develop strategies, where appropriate, to incorporate marine highway
transportation, ferries, and other marine transportation solutions for
regional and interstate transport of freight and passengers in
transportation planning; and
``(3) encourage groups of States, Tribal governments, and multistate
transportation entities to determine how marine highways can address
congestion, bottlenecks, and other interstate transportation
challenges.''.
(2) Clerical amendment.--The analysis for chapter 556 of title 46,
United States Code, is amended by striking the item relating to section
55603 and inserting the following:
``55603. Multistate, State, Tribal, and regional transportation
planning.''.
(c) Research on Marine Highway Transportation.--Section 55604 of title 46,
United States Code, is amended--
(1) by redesignating paragraphs (1) through (3) as paragraphs (3)
through (5), respectively; and
(2) by inserting before paragraph (3), as redesignated by paragraph
(1), the following new paragraphs:
``(1) the economic effects of marine highway transportation on the
United States economy;
``(2) the effects of marine highway transportation, including with
respect to the provision of additional transportation options, on rural
areas;''.
(d) Definitions.--
(1) In general.--Section 55605 of title 46, United States Code, is
amended to read as follows: ``
``Sec. 55605. Definitions
``In this chapter:
``(1) The term `marine highway transportation' means the carriage by
a documented vessel of cargo (including such carriage of cargo and
passengers), if such cargo--
``(A) is--
``(i) contained in intermodal cargo containers and
loaded by crane on the vessel;
``(ii) loaded on the vessel by means of wheeled
technology, including roll-on roll-off cargo;
``(iii) shipped in discrete units or packages that
are handled individually, palletized, or unitized for
purposes of transportation;
``(iv) bulk, liquid, or loose cargo loaded in tanks,
holds, hoppers, or on deck; or
``(v) freight vehicles carried aboard commuter ferry
boats; and
``(B) is--
``(i) loaded at a port in the United States and
unloaded either at another port in the United States or
at a port in Canada or Mexico; or
``(ii) loaded at a port in Canada or Mexico and
unloaded at a port in the United States.
``(2) The term ``Tribal government'' means the recognized governing
body of any Indian or Alaska Native Tribe, band, nation, pueblo,
village, community, component band, or component reservation,
individually identified (including parenthetically) in the list
published most recently, as of the date of enactment of the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023, pursuant
to section 104 of the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 5131).
``(3) The term `Alaska Native Corporation' has the meaning given the
term `Native Corporation' under section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602).''.
(2) Clerical amendment.--The analysis for chapter 556 of title 46,
United States Code, is amended by striking the item relating to section
55605 and inserting the following:
``55605. Definitions.''.
(e) Report on Maritime Highway Transportation in Gulf of Mexico and Puget
Sound.--Not later than one year after the date of the enactment of this Act, the
Maritime Administrator shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Commerce,
Science and Transportation of the Senate a report on opportunities for maritime
highway transportation, as that term is defined section 55605(1) of title 46,
United States Code, as amended by this section, in the Gulf of Mexico, Puget
Sound, and Salish Sea System by vessels documented under chapter 121 of title
46, united States Code.
(f) Deadline for Public Availability of Map.--Not later than 120 days after
the date of the enactment of this Act, the Maritime Administration shall make
publicly available the map of marine highway program routes required to be made
publicly available under subsection (c) of section 55601 of title 46, United
States Code, as amended by this section.
SEC. 3522. PORT INFRASTRUCTURE DEVELOPMENT GRANTS.
(a) In General.--In making port infrastructure development grants under
section 54301 of title 46, United States Code, for fiscal year 2023, the
Secretary of Transportation shall treat a project described in subsection (b) as
an eligible project under section 54301(a)(3) of such title for purposes of
making grants under section 54301(a) of such title.
(b) Project Described.--A project described in this subsection is a project
to provide shore power at a port that services--
(1) passenger vessels described in section 3507(k) of title 46,
United States Code; and
(2) vessels that move goods or freight.
SEC. 3523. PROJECT SELECTION CRITERIA FOR PORT INFRASTRUCTURE DEVELOPMENT
PROGRAM.
In making port infrastructure development grants under section 54301 of
title 46, United States Code, for fiscal year 2023, in considering the criteria
under subparagraphs (A)(ii) and (B)(ii) of paragraph (6) of subsection (a) with
respect to a project described in paragraph (3) of such subsection that is
located in a noncontiguous State or territory, the Secretary may take into
account--
(1) the geographic isolation of the State or territory; and
(2) the economic dependence of the State or territory on the
proposed project.
SEC. 3524. INFRASTRUCTURE IMPROVEMENTS IDENTIFIED IN THE REPORT ON STRATEGIC
SEAPORTS.
In making port infrastructure development grants under section 54301 of
title 46, United States Code, for fiscal year 2023, the Secretary may consider
infrastructure improvements identified in the report on strategic seaports
required by section 3515 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1985) that would improve the commercial
operations of those seaports.
SEC. 3525. GAO REVIEW OF GOVERNMENT EFFORTS TO PROMOTE GROWTH AND MODERNIZATION
OF UNITED STATES MERCHANT FLEET.
(a) Review.--The Comptroller General of the United States shall conduct a
review of the efforts of the United States Government to promote the growth and
modernization of the United States maritime industry and the vessels of the
United States, as defined in section 116 of title 46, United States Code,
including the overall efficacy of United States Government financial support and
policies, including the Capital Construction Fund, Construction Reserve Fund,
and other relevant loan, grant, or other programs.
(b) Report.--Not later than 18 months after the date of the enactment of
this Act, the Comptroller General of the United States shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of Representatives a
report that includes the results of a review required under subsection (a).
SEC. 3526. GAO REVIEW OF FEDERAL EFFORTS TO ENHANCE PORT INFRASTRUCTURE
RESILIENCY AND DISASTER PREPAREDNESS.
(a) Review.--The Comptroller General of the United States shall conduct a
review of Federal efforts to assist ports in enhancing the resiliency of key
intermodal connectors to weather-related disasters. The review shall include an
analysis of the following:
(1) Actions being undertaken at various ports to better identify
critical land-side connectors that may be vulnerable to disruption in
the event of a natural disaster, including how to communicate such
information during a disaster when communications systems may be
compromised, and the level of Federal involvement in such actions.
(2) The extent to which the Department of Transportation and other
Federal agencies are working in line with recent recommendations from
key resiliency reports, including the National Academies of Science
study on strengthening supply chain resilience, to establish a framework
for ports to follow to increase resiliency to major weather-related
disruptions before such disruptions happen.
(3) The extent to which the Department of Transportation or other
Federal agencies have provided funds to ports for resiliency-related
projects.
(4) The extent to which Federal agencies have a coordinated approach
to helping ports and the multiple State, local, Tribal, and private
stakeholders involved, to improve resiliency prior to weather-related
disasters.
(b) Report.--Not later than 18 months after the date of the enactment of
this Act, the Comptroller General shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report containing the
results of the review required under subsection (a).
SEC. 3527. STUDY ON FOREIGN INVESTMENT IN SHIPPING.
(a) Assessment.--Subject to the availability of appropriations, the Under
Secretary of Commerce for International Trade (referred to in this section as
the ``Under Secretary''), in coordination with the Maritime Administrator, the
Commissioner of the Federal Maritime Commission, and the heads of other relevant
agencies, shall conduct an assessment of subsidies, indirect state support, and
other financial infrastructure or benefits provided by foreign states that
control more than one percent of the world merchant fleet to entities or
individuals building, owning, chartering, operating, or financing vessels not
documented under the laws of the United States that are engaged in foreign
commerce.
(b) Report.--Not later than one year after the date of the enactment of this
Act, the Under Secretary shall submit to the appropriate committees of Congress,
as defined in section 3515(e), a report on the assessment conducted under
subsection (a). Such report shall include--
(1) the amount, in United States dollars, of subsidies, indirect
state support, and other financial infrastructure or benefits provided
by a foreign state described in subsection (a) to--
(A) the shipping industry of each country as a whole;
(B) the shipping industry as a percent of gross domestic
product of each country; and
(C) each ship on average, by ship type for cargo, tanker,
and bulk;
(2) the amount, in United States dollars, of subsidies, indirect
state support, and other financial infrastructure or benefits provided
by a foreign state described in subsection (a) to the shipping industry
of another foreign state, including favorable financial arrangements for
ship construction;
(3) a description of the shipping industry activities of state-owned
enterprises of a foreign state described in subsection (a);
(4) a description of the type of support provided by a foreign state
described in subsection (a), including tax relief, direct payment,
indirect support of state-controlled financial entities, or other such
support, as determined by the Under Secretary; and
(5) a description of how the subsidies provided by a foreign state
described in subsection (a) may be disadvantaging the competitiveness of
vessels documented under the laws of the United States that are engaged
in foreign commerce and the national security of the United States.
(c) Definitions.--In this section:
(1) The term ``foreign commerce'' means--
(A) commerce or trade between the United States, its
territories or possessions, or the District of Columbia, and a
foreign country;
(B) commerce or trade between foreign countries; or
(C) commerce or trade within a foreign country.
(2) The term ``foreign state'' has the meaning given the term in
section 1603(a) of title 28, United States Code.
(3) The term ``shipping industry'' means the construction,
ownership, chartering, operation, or financing of vessels engaged in
foreign commerce.
SEC. 3528. REPORT ON ALTERNATE MARINE FUEL BUNKERING FACILITIES AT PORTS.
(a) In General.--Not later than one year after the date of enactment of this
Act, the Maritime Administrator shall make publicly available on an appropriate
website a report on the necessary port-related infrastructure needed to support
bunkering facilities for liquefied natural gas, hydrogen, ammonia, or other new
marine fuels under development.
(b) Contents.--The report required under subsection (a) shall include--
(1) information about the existing United States infrastructure, in
particular the storage facilities, bunkering vessels, and transfer
systems to support bunkering facilities for liquefied natural gas,
hydrogen, ammonia, or other new marine fuels under development;
(2) a review of the needed upgrades to United States infrastructure,
including storage facilities, bunkering vessels, and transfer systems,
to support bunkering facilities for liquefied natural gas, hydrogen,
ammonia, or other new marine fuels under development;
(3) an assessment of the estimated Government investment in this
infrastructure and the duration of that investment; and
(4) in consultation with the heads of other relevant Federal
agencies, information on the relevant Federal agencies that would
oversee the permitting and construction of bunkering facilities for
liquefied natural gas, hydrogen, ammonia, or other new marine fuels, as
well as the Federal funding grants or formula programs that could be
used for such marine fuels.
SEC. 3529. STUDY OF CYBERSECURITY AND NATIONAL SECURITY THREATS POSED BY FOREIGN
MANUFACTURED CRANES AT UNITED STATES PORTS.
(a) Study.--The Maritime Administrator, in consultation with the Secretary
of Homeland Security, the Secretary of Defense, and the Director of the
Cybersecurity and Infrastructure Security Agency, shall conduct a study to
assess whether there are cybersecurity or national security threats posed by
foreign manufactured cranes at United States ports.
(b) Report.--
(1) In general.--Not later than one year after the date of enactment
of this Act, the Maritime Administrator shall submit to the Committee on
Commerce, Science, and Transportation of the Senate, the Committee on
Armed Services of the Senate, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, and the Committee on
Armed Services of the House of Representatives a report containing the
results of the study required under subsection (a).
(2) Form of report.--The report required under paragraph (1) shall
be submitted in unclassified form, but may include a classified annex.
Subtitle D--Maritime Workforce
SEC. 3531. IMPROVING PROTECTIONS FOR MIDSHIPMEN.
(a) Supporting the United States Merchant Marine Academy.--Chapter 513 of
title 46, United States Code, is amended by adding at the end the following:
``Sec. 51325. Sexual assault and sexual harassment prevention information
management system
``(a) Information Management System.--
``(1) In general.--Not later than January 1, 2023, the Maritime
Administrator shall establish within the United States Merchant Marine
Academy Sexual Assault prevention and Response Program, an information
management system to track and maintain, in such a manner that patterns
can be reasonably identified, information regarding claims and incidents
involving cadets that are reportable pursuant to subsection (d) of
section 51318 of this chapter.
``(2) Information maintained in the system.--Information maintained
in the system established under paragraph (1) shall include the
following information, to the extent that information is available:
``(A) The overall number of sexual assault or sexual
harassment incidents per fiscal year.
``(B) The location of each such incident, including vessel
name and the name of the company operating the vessel, if
applicable.
``(C) The standardized job title or position of the
individuals involved in each such incident.
``(D) The general nature of each such incident, to include
copies of any associated reports completed on the incidents.
``(E) The type of inquiry made into each such incident.
``(F) A record of whether each such incident was
substantiated by the relevant investigative process.
``(3) Past information included.--The information management system
under this section shall include the relevant data listed in this
subsection related to sexual assault and sexual harassment that the
Maritime Administrator possesses, and shall not be limited to data
collected after January 1, 2023.
``(4) Privacy protections.--The Maritime Administrator and the Chief
Information Officer of the Department of Transportation shall coordinate
to ensure that the information management system under this section
shall--
``(A) be established and maintained in a secure fashion to
ensure the protection of the privacy of any individuals whose
information is entered in such system; and
``(B) be free of personally identifiable information and
maintain only the data required to satisfy the statistical
purpose of such system.
``(5) Cybersecurity audit.--Ninety days after the implementation of
the information management system, the Office of Inspector General of
the Department of Transportation shall commence an audit of the
cybersecurity of the system and shall submit a report containing the
results of that audit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
``(6) Correcting records.--In establishing the information
management system, the Maritime Administrator shall create a process to
ensure that if any incident report results in a final agency action or
final judgement that acquits an individual of wrongdoing, all personally
identifiable information about the acquitted individual is removed from
that incident report in the system.
``(b) Sea Year Program.--The Maritime Administrator shall provide for the
establishment of in-person and virtual confidential exit interviews, to be
conducted by personnel who are not involved in the assignment of the midshipmen
to a Sea Year vessel, for midshipmen from the Academy upon completion of Sea
Year and following completion by the midshipmen of the survey under section
51322(d).
``(c) Data-informed Decisionmaking.--The data maintained in the data
management system under subsection (a) and through the exit interviews under
subsection (b) shall be affirmatively referenced and used to inform the creation
of new policy or regulation, or changes to any existing policy or regulation, in
the areas of sexual harassment, dating violence, domestic violence, sexual
assault, and stalking.
``Sec. 51326. Student advisory board at the United States Merchant Marine
Academy
``(a) In General.--The Maritime Administrator shall establish at the United
States Merchant Marine Academy an advisory board to be known as the Advisory
Board to the Secretary of Transportation (referred to in this section as the
`Advisory Board').
``(b) Membership.--The Advisory Board shall be composed of not fewer than 12
midshipmen of the Merchant Marine Academy who are enrolled at the Merchant
Marine Academy at the time of the appointment, including not fewer than 3 cadets
from each class.
``(c) Appointment; Term.--Midshipmen shall serve on the Advisory Board
pursuant to appointment by the Maritime Administrator. Appointments shall be
made not later than 60 days after the date of the swearing in of a new class of
midshipmen at the Academy. The term of membership of a midshipmen on the
Advisory Board shall be 1 academic year.
``(d) Reappointment.--The Maritime Administrator may reappoint not more than
6 cadets from the previous term to serve on the Advisory Board for an additional
academic year if the Maritime Administrator determines such reappointment to be
in the best interests of the Merchant Marine Academy.
``(e) Meetings.--The Advisory Board shall meet with the Secretary of
Transportation not less than once each academic year to discuss the activities
of the Advisory Board. The Advisory Board shall meet in person with the Maritime
Administrator not less than 2 times each academic year to discuss the activities
of the Advisory Board.
``(f) Duties.--The Advisory Board shall--
``(1) identify health and wellbeing, diversity, and sexual assault
and harassment challenges and other topics considered important by the
Advisory Board facing midshipmen at the Merchant Marine Academy, off
campus, and while aboard ships during Sea Year or other training
opportunities;
``(2) discuss and propose possible solutions, including improvements
to culture and leadership development at the Merchant Marine Academy;
and
``(3) periodically review the efficacy of the program in section
51325(b), as appropriate, and provide recommendations to the Maritime
Administrator for improvement.
``(g) Working Groups.--The Advisory Board may establish one or more working
groups to assist the Advisory Board in carrying out its duties, including
working groups composed in part of midshipmen at the Merchant Marine Academy who
are not current members of the Advisory Board.
``(h) Reports and Briefings.--The Advisory Board shall regularly provide the
Secretary of Transportation and the Maritime Administrator reports and briefings
on the results of its duties, including recommendations for actions to be taken
in light of such results. Such reports and briefings may be provided in writing,
in person, or both.
``Sec. 51327. Sexual Assault Advisory Council
``(a) Establishment.--The Secretary of Transportation shall establish a
Sexual Assault Advisory Council (in this section referred to as the `Council').
``(b) Membership.--
``(1) In general.--The Council shall be composed of not fewer than 8
and not more than 14 individuals selected by the Secretary of
Transportation who are alumni that have graduated within the last 4
years or current midshipmen of the United States Merchant Marine Academy
(including midshipmen or alumni who were victims of sexual assault, to
the maximum extent practicable, and midshipmen or alumni who were not
victims of sexual assault) and governmental and nongovernmental experts
and professionals in the sexual assault field.
``(2) Experts included.--The Council shall include--
``(A) not less than 1 member who is licensed in the field of
mental health and has prior experience working as a counselor or
therapist providing mental health care to survivors of sexual
assault in a victim services agency or organization; and
``(B) not less than 1 member who has prior experience
developing or implementing sexual assault or sexual harassment
prevention and response policies in an academic setting.
``(3) Rules regarding membership.--No employee of the Department of
Transportation shall be a member of the Council. The number of
governmental experts appointed to the Council shall not exceed the
number of nongovernmental experts.
``(c) Duties; Authorized Activities.--
``(1) In general.--The Council shall meet not less often than
semiannually to--
``(A) review--
``(i) the policies on sexual harassment, dating
violence, domestic violence, sexual assault, and
stalking under section 51318 of this title;
``(ii) the trends and patterns of data contained in
the system described under section 51325 of this title;
and
``(iii) related matters the Council views as
appropriate; and
``(B) develop recommendations designed to ensure that such
policies and such matters conform, to the extent practicable, to
best practices in the field of sexual assault and sexual
harassment response and prevention.
``(2) Authorized activities.--To carry out this subsection, the
Council may--
``(A) interview current and former midshipmen of the United
States Merchant Marine Academy (to the extent that such
midshipmen provide the Department of Transportation express
consent to be interviewed by the Council); and
``(B) review surveys under section 51322(d).
``(3) Personally identifiable information.--In carrying out this
subsection, the Council shall comply with the obligations of the
Department of Transportation to protect personally identifiable
information.
``(d) Reports.--On an annual basis for each of the 5 years after the date of
enactment of this section, and at the discretion of the Council thereafter, the
Council shall submit, to the President and the Committee on Commerce, Science,
and Transportation and the Committee on Appropriations of the Senate and the
Committee on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives, a report on the Council's
findings based on the reviews conducted pursuant to subsection (c) and related
recommendations.
``(e) Employee Status.--Members of the Council shall not be considered
employees of the United States Government for any purpose and shall not receive
compensation other than reimbursement of travel expenses and per diem allowance
in accordance with section 5703 of title 5.
``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Council.
``Sec. 51328. Student support
``The Maritime Administrator shall--
``(1) require a biannual survey of midshipmen, faculty, and staff of
the Academy assessing the environment of the Academy; and
``(2) require an annual survey of faculty and staff of the Academy
assessing the Sea Year program.''.
(b) Report to Congress.--Not later than 30 days after the date of enactment
of this section, the Maritime Administrator shall provide Congress with a
briefing on the resources necessary to properly implement section 51328 of title
46, United States Code, as added by this section.
(c) Conforming Amendments.--The chapter analysis for chapter 513 of title
46, United States Code, is amended by adding at the end the following:
``51325. Sexual assault and sexual harassment prevention information
management system.
``51326. Student advisory board at the United States Merchant Marine
Academy.
``51327. Sexual Assault Advisory Council.
``51328. Student support.''.
(d) United States Merchant Marine Academy Student Support Plan.--
(1) Student support plan.--Not later than January 1, 2023, the
Maritime Administrator shall issue a Student Support Plan for the United
States Merchant Marine Academy, in consultation with relevant mental
health professionals in the Federal Government or experienced with the
maritime industry or related industries. Such plan shall--
(A) address the mental health resources available to
midshipmen, both on-campus and during Sea Year;
(B) establish a tracking system for suicidal ideations and
suicide attempts of midshipmen, which excludes personally
identifiable information;
(C) create an option for midshipmen to obtain assistance
from a professional care provider virtually; and
(D) require an annual survey of faculty and staff assessing
the adequacy of mental health resources for midshipmen of the
Academy, both on campus and during Sea Year.
(2) Report to congress.--Not later than 30 days after the date of
enactment of this section, the Maritime Administrator shall provide
Congress with a report on the resources necessary to properly implement
this subsection.
(e) Special Victims Advisor.--Section 51319 of title 46, United States Code,
is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following:
``(c) Special Victims Advisor.--
``(1) In general.--The Secretary shall designate an attorney (to be
known as the `Special Victims Advisor') for the purpose of providing
legal assistance to any cadet of the Academy who is the victim of an
alleged sex-related offense regarding administrative and criminal
proceedings related to such offense, regardless of whether the report of
that offense is restricted or unrestricted.
``(2) Special victims advisory.--The Secretary shall ensure that the
attorney designated as the Special Victims Advisor has knowledge of the
Uniform Code of Military Justice, as well as criminal and civil law.
``(3) Privileged communications.--Any communications between a
victim of an alleged sex-related offense and the Special Victim Advisor,
when acting in their capacity as such, shall have the same protection
that applicable law provides for confidential attorney-client
communications.''; and
(3) by adding at the end the following:
``(e) Unfilled Vacancies.--The Administrator of the Maritime Administration
may appoint qualified candidates to positions under subsections (a) and (d) of
this section without regard to sections 3309 through 3319 of title 5.''.
(f) Catch a Serial Offender Assessment.--
(1) Assessment.--Not later than one year after the date of enactment
of this section, the Commandant of the Coast Guard, in coordination with
the Maritime Administrator, shall conduct an assessment of the
feasibility and process necessary, and appropriate responsible entities
to establish a program for the United States Merchant Marine Academy and
United States Merchant Marine modeled on the Catch a Serial Offender
program of the Department of Defense using the information management
system required under subsection (a) of section 51325 of title 46,
United States Code, and the exit interviews under subsection (b) of such
section.
(2) Legislative change proposals.--If, as a result of the assessment
required by paragraph (1), the Commandant or the Administrator
determines that additional authority is necessary to implement the
program described in paragraph (1), the Commandant or the Administrator,
as applicable, shall provide appropriate legislative change proposals to
Congress.
(g) Shipboard Training.--Section 51322(a) of title 46, United States Code,
is amended by adding at the end the following:
``(3) Training.--
``(A) In general.--As part of training that shall be
provided not less than semiannually to all midshipmen of the
Academy, pursuant to section 51318, the Maritime Administrator
shall develop and implement comprehensive in-person sexual
assault risk-reduction and response training that, to the extent
practicable, conforms to best practices in the sexual assault
prevention and response field and includes appropriate scenario-
based training.
``(B) Development and consultation with experts.--In
developing the sexual assault risk-reduction and response
training under subparagraph (A), the Maritime Administrator
shall consult with and incorporate, as appropriate, the
recommendations and views of experts in the sexual assault
field.''.
SEC. 3532. MARITIME TECHNICAL ADVANCEMENT ACT.
(a) In General.--Section 51706 of title 46, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Designation.--The Secretary of Transportation may designate as a
center of excellence for domestic maritime workforce training and education an
entity which is a covered training entity.'';
(2) by striking subsection (b) and inserting the following:
``(b) Grant Program.--
``(1) In general.--The Secretary may award a maritime career
training grant to a center of excellence designated under subsection (a)
for the purpose of developing, offering, or improving career and
technical education or training programs related to the United States
maritime industry for United States workers.
``(2) Grant proposal.--To be eligible to receive a grant under this
subsection, a center of excellence designated under subsection (a) shall
submit to the Secretary a grant proposal that includes a detailed
description of--
``(A) the specific project proposed to be funded by the
grant, including a description of the manner in which the grant
will be used to develop, offer, or improve a career and
technical education or training program that is suited to United
States maritime industry workers;
``(B) the extent to which the project for which the grant
proposal is submitted will meet the educational or career
training needs of United States maritime industry workers;
``(C) any previous experience of the center of excellence in
providing United States maritime industry career and technical
education or training programs;
``(D) how the project proposed to be funded by the grant
would address shortcomings in existing educational or career
training opportunities available to United States maritime
industry workers; and
``(E) the extent to which employers, including small and
medium-sized firms, have demonstrated a commitment to employing
United States maritime industry workers who would benefit from
the project for which the grant proposal is submitted.
``(3) Criteria for award of grants.--Subject to the appropriation of
funds to carry out this section, the Secretary shall award grants under
this subsection to centers of excellence based on--
``(A) an determination of the merits of a grant proposal
submitted under paragraph (2) to develop, offer, or improve
career and technical education or training programs to be made
available to United States maritime industry workers;
``(B) an evaluation of the likely employment opportunities
available to United States maritime industry workers who
complete a maritime career and technical education or training
program that a center proposes to develop, offer, or improve;
and
``(C) an evaluation of prior demand for training programs by
workers served by centers of excellence designated under
subsection (a), as well as the availability and capacity of
existing maritime training programs to meet future demand for
training programs.
``(4) Competitive awards.--
``(A) In general.--The Secretary shall award grants under
this subsection to centers of excellence designated under
subsection (a) on a competitive basis.
``(B) Timing of grant notice.--The Secretary shall post a
Notice of Funding Opportunity regarding grants awarded under
this subsection not more than 90 days after the date of the
enactment of the appropriations Act for the fiscal year
concerned.
``(C) Timing of grants.--The Secretary shall award grants
under this subsection not later than 270 days after the date of
the enactment of the appropriations Act for the fiscal year
concerned.
``(D) Reuse of unexpended grant funds.--Notwithstanding
subparagraph (C), amounts awarded as a grant under this
subsection that are not expended by the grantee shall remain
available to the Secretary for use for grants under this
subsection.
``(E) Administrative costs.--Not more than 3 percent of
amounts made available to carry out this subsection may be used
for the necessary costs of grant administration.
``(F) Prohibited use.--A center of excellence designated
under subsection (a) that has received funds awarded under
section 54101(a)(2) for training purposes for a fiscal year
shall not be eligible for grants under this subsection during
the same fiscal year.''; and
(3) in subsection (c)--
(A) by striking paragraph (1) and inserting the following:
``(1) Covered training entity.--The term `covered training entity'
means an entity that--
``(A) is located in a State that borders on the--
``(i) Gulf of Mexico;
``(ii) Atlantic Ocean;
``(iii) Long Island Sound;
``(iv) Pacific Ocean;
``(v) Great Lakes; or
``(vi) Mississippi River System;
``(B) is--
``(i) a postsecondary educational institution (as
such term is defined in section 3(39) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2302));
``(ii) a postsecondary vocational institution (as
such term is defined in section 102(c) of the Higher
Education Act of 1965 (20 U.S.C. 1002(c));
``(iii) a public or private nonprofit entity that
offers one or more other structured experiential
learning training programs for United States workers in
the United States maritime industry, including a program
that is offered by a labor organization or conducted in
partnership with a nonprofit organization or one or more
employers in the United States maritime industry;
``(iv) an entity sponsoring an apprenticeship
program registered with the Office of Apprenticeship of
the Employment and Training Administration of the
Department of Labor or a State apprenticeship agency
recognized by the Office of Apprenticeship pursuant to
the Act of August 16, 1937 (commonly known as the
`National Apprenticeship Act'; 50 Stat. 664, chapter
663; 29 U.S.C. 50 et seq.); or
``(v) a maritime training center designated prior to
the date of enactment of the National Defense
Authorization Act for Fiscal Year 2023; and
``(C) has a demonstrated record of success in maritime
workforce training and education.''; and
(B) by adding at the end the following:
``(3) Career and technical education.--The term `career and
technical education' has the meaning given such term in section 3(5) of
the Carl D. Perkins Career and Technical Education Act (20 U.S.C. 2302).
``(4) Secretary.--The term `Secretary' means the Secretary of
Transportation.
``(5) Training program.--The term `training program' means a program
that provides training services, as described in section 134(c)(3)(D) of
the Workforce Innovation and Opportunity Act (Public Law 113-128; 29
U.S.C. 3174).
``(6) United states maritime industry.--The term `United States
maritime industry' means the design, construction, repair, operation,
manning, and supply of vessels in all segments of the maritime
transportation system of the United States, including--
``(A) the domestic and foreign trade;
``(B) the coastal, offshore, and inland trade;
``(C) non-commercial maritime activities, including--
``(i) recreational boating; and
``(ii) oceanographic and limnological research as
described in section 2101(24).''.
(b) Publicly Available Report.--Not later than December 15 in each of
calendar years 2022 through 2024, the Secretary of Transportation shall make
publicly available on an appropriate website a report, and provide to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of Representatives a
briefing, on the implementation of the amendments under this section. Such
report and briefing shall include--
(1) a description of each grant awarded under subsection (b) of
section 51706 of title 46, United States Code, as amended by subsection
(a), during the fiscal year preceding the fiscal year during which the
report is submitted; and
(2) an assessment of the effects of each such grant under this
subsection on workers who received training provided pursuant to the
grant during the fiscal year preceding the fiscal year during which the
report was submitted.
(c) Guidelines.--Not later than one year after the date of enactment of this
Act, the Secretary of Transportation shall--
(1) prescribe guidelines for the submission of grant proposals under
section 51706(b) of title 46, United States Code, as amended by
subsection (a); and
(2) publish and maintain such guidelines on the website of the
Department of Transportation.
(d) Assistance for Small Shipyards.--Section 54101(e) of title 46, United
States Code, is amended by striking paragraph (2) and inserting the following:
``(2) Allocation of funds.--
``(A) In general.--The Administrator may not award more than
25 percent of the funds made available to carry out this section
for any fiscal year to any small shipyard in one geographic
location that has more than 600 employees.
``(B) Ineligibility.--A maritime training center that has
received funds awarded under section 51706 of title 46, United
States Code, shall not be eligible for grants under this
subsection for training purposes in the same fiscal year.''.
SEC. 3533. ENSURING DIVERSE MARINER RECRUITMENT.
Not later than six months after the date of the enactment of this Act, the
Secretary of Transportation shall develop and deliver to Congress a strategy to
assist State maritime academies and the United States Merchant Marine Academy in
improving the representation in the next generation of the mariner workforce of
women and underrepresented communities, including each of the following:
(1) Black and African American.
(2) Hispanic and Latino.
(3) Asian.
(4) American Indian, Alaska Native, and Native Hawaiian.
(5) Pacific Islander.
SEC. 3534. LOW EMISSIONS VESSELS TRAINING.
(a) Development of Strategy.--The Secretary of Transportation, in
consultation with the United States Merchant Marine Academy, State maritime
academies, civilian nautical schools, and the Secretary of the department in
which Coast Guard is operating, shall develop a strategy to ensure there is an
adequate supply of trained United States citizen mariners sufficient to meet the
operational requirements of low and zero emission vessels. Implementation of the
strategy shall aim to increase the supply of trained United States citizen
mariners sufficient to meet the needs of the maritime industry and ensure
continued investment in training for mariners serving on conventional fuel
vessels.
(b) Report.--Not later than six months after the date the Secretary of
Transportation determines that there is commercially viable technology for low
and zero emission vessels, the Secretary of Transportation shall--
(1) submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on the strategy developed under
subsection (a) and plans for its implementation; and
(2) make such report publicly available.
Subtitle E--Other Matters
SEC. 3541. WAIVER OF NAVIGATION AND VESSEL INSPECTION LAWS.
Section 501 of title 46, United States Code, is amended--
(1) in subsection (b)--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--Upon a determination by the President that a
waiver of the navigation or vessel-inspection laws is necessary in the
interest of national defense, the head of an agency responsible for the
administration of such laws, may waive compliance with such laws--
``(A) following a determination in accordance with the
requirements of paragraph (3) by the Maritime Administrator,
acting in the Administrator's capacity as Director, National
Shipping Authority, of the non-availability of qualified United
States flag capacity to meet national defense requirements;
``(B) not earlier than 48 hours after a waiver request is
published under paragraph (6)(A); and
``(C) on a vessel specific basis to the extent, in the
manner, and on the terms the head of such agency, in
consultation with the Administrator, acting in such capacity,
prescribes.'';
(B) in paragraph (2)(B) by striking ``determinations
referred to in paragraph (1)'' and inserting ``determination
referred to in paragraph (1)(A)'';
(C) in paragraph (3) by striking subparagraph (A) and
inserting the following:
``(A) for each determination referred to in paragraph
(1)(A)--
``(i) identify any actions that could be taken to
enable qualified United States flag capacity to meet
national defense requirements prior to the issuance of a
waiver; and
``(ii) not assess the non-availability of qualified
United States flag capacity to meet national defense
requirements retrospectively after the date on which a
waiver is requested;''; and
(D) by adding at the end the following:
``(5) Prospective application.--No waiver shall be issued for a
vessel if, at the time of the waiver request under this section, such
vessel is laden with merchandise that, pursuant to the requested waiver,
could be unladen at points or places to which the coastwise laws apply.
``(6) Publication requirements.--
``(A) Publication of waiver requests.--Upon receiving a
request for a waiver under this subsection, the head of an
agency referred to in paragraph (1) shall publish such request
on the website of such agency.
``(B) Publication of waiver denial.--Not later than 48 hours
after denying a waiver requested under this subsection, the head
of an agency referred to in paragraph (1) shall publish on the
website of such agency an explanation for denying such waiver,
including applicable findings to support the denial.''; and
(2) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A) by inserting
``and the individual requesting such waiver (if not the owner or
operator of the vessel)'' before ``shall submit'';
(B) in subparagraph (C) by striking ``and'' at the end;
(C) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (G), respectively;
(D) by inserting after subparagraph (A) the following:
``(B) the name of the owner and operator of the vessel;'';
and
(E) by inserting after subparagraph (D), as so redesignated,
the following:
``(E) a description of the cargo carried;
``(F) an explanation as to why the waiver was in the
interest of national defense; and''.
SEC. 3542. NATIONAL MARITIME STRATEGY.
(a) Study to Inform a National Maritime Strategy.--
(1) In general.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Transportation and the Secretary
of the department in which the Coast Guard is operating shall seek to
enter into an agreement with a studies and analysis federally funded
research and development center under which such center shall conduct a
study to identify the key elements needed for a national maritime
strategy that is designed to--
(A) achieve the objectives described in section 50101 of
title 46, United States Code; and
(B) ensure--
(i) a capable, commercially viable, militarily
useful fleet of a sufficient number of merchant vessels
documented under chapter 121 of title 46, United States
Code;
(ii) a robust United States mariner workforce, as
described in section 50101 of title 46, United States
Code;
(iii) strong United States domestic shipbuilding
infrastructure, and related shipbuilding trades amongst
skilled workers in the United States; and
(iv) that the Navy Fleet Auxiliary Force, the
National Defense Reserve Fleet, the Military Sealift
Command, the Maritime Security Program under chapter 531
of title 46, United States Code, the Cable Security
Program under chapter 532 of title 46, United States
Code, and the Tanker Security Program under chapter 534
of title 46, United States Code currently meet the
economic and national security needs of the United
States and would reliably continue to meet those needs
under future economic or national security emergencies.
(2) Deadline for completion.--An agreement entered into pursuant to
paragraph (1) shall specify that the federally funded research and
development center shall complete the study by not later than one year
after the date of the enactment of this Act.
(3) Input.--An agreement entered into pursuant to paragraph (1)
shall specify that, in carrying out the study, the federally funded
research and development center shall solicit input from--
(A) relevant Federal departments and agencies;
(B) nongovernmental organizations;
(C) United States companies;
(D) maritime labor organizations;
(E) commercial industries that depend on United States
mariners;
(F) domestic shipyards regarding shipbuilding and repair
capacity, and the associated skilled workforce, such as the
workforce required for transportation, offshore wind, fishing,
and aquaculture;
(G) providers of maritime workforce training; and
(H) any other relevant organizations.
(4) Requirements of agreement.--An agreement entered into pursuant
to paragraph (1) shall specify that, in carrying out the study, the
federally funded research and development center shall consult with the
Secretary of Transportation, the Secretary of Defense, the Secretary of
the Department in which the Coast Guard is operating, the Adminstrator
of the National Oceanic and Atmospheric Administration, and the heads of
other relevant Federal agencies, in the identification and evaluation
of--
(A) incentives, including regulatory changes, needed to
continue to meet the shipbuilding and ship maintenance needs of
the United States for commercial and national security purposes,
including through a review of--
(i) the loans and guarantees program carried out
under chapter 537 of title 46, United States Code, and
how the development of new offshore commercial
industries, such as wind energy, could be supported
through modification of such program or other Federal
programs, and thus also support the United States
sealift in the future;
(ii) the barriers to participation in the loans and
guarantees program carried out under chapter 537 of
title 46, United States Code, and how the program may be
improved to facilitate additional shipbuilding
activities in the United States;
(iii) the needed resources, human and financial, for
such incentives; and
(iv) the current and anticipated number of
shipbuilding and ship maintenance contracts at United
States shipyards through 2032, to the extent
practicable;
(B) incentives, including regulatory changes, needed to
maintain a commercially viable United States-documented fleet,
including--
(i) an examination of how the preferences under
section 2631 of title 10, United States Code, and
chapters 531, 532, 534, and 553 of title 46, United
States Code, should be used to further maintain and grow
a United States-documented fleet;
(ii) an identification of other incentives that
could be used that may not be authorized at the time of
the study;
(iii) an estimate of the number and type of
commercial ships needed over the next 30 years; and
(iv) estimates of the needed human and financial
resources for such incentives;
(C) the availability of United States mariners, and future
needs, including--
(i) the number of mariners needed for the United
States commercial and national security needs over the
next 30 years;
(ii) the policies and programs (at the time of the
study) to recruit, train, and retain United States
mariners to support the United States maritime workforce
needs during peace time and at war;
(iii) how those programs could be improved to grow
the number of maritime workers trained each year,
including how potential collaboration between the
uniformed services, the United States Merchant Marine
Academy, State maritime academies, maritime labor
training centers, and the Centers of Excellence for
Domestic Maritime Workforce Training under section 51706
of title 46, United States Code, could be used most
effectively; and
(iv) estimates of the necessary resources, human and
financial, to implement such programs in each relevant
Federal agency over the next 30 years; and
(D) the interaction among the elements described under
subparagraphs (A) through (C).
(5) Public availability.--The Secretary of Transportation shall make
publicly available on a website of the Department of Transportation a
study completed pursuant to paragraph (1).
(b) National Maritime Strategy.--
(1) In general.--Chapter 501 of title 46, United States Code, is
amended by inserting after section 50113 the following new section:
``Sec. 50114. National maritime strategy
``(a) In General.--The Secretary of Transportation, in consultation with the
Secretary of the department in which the Coast Guard is operating and the
Commander of United States Transportation Command, shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate--
``(1) a national maritime strategy; and
``(2) not less often than once every five years after the submission
of such strategy, an update to the strategy.
``(b) Contents.--The strategy required under subsection (a) shall include
each of the following:
``(1) An identification of--
``(A) international policies and Federal regulations and
policies that reduce the competitiveness of United States-
documented vessels with foreign vessels in domestic and
international transportation markets; and
``(B) the impact of reduced cargo flow due to reductions in
the number of members of the United States Armed Forces
stationed or deployed outside of the United States.
``(2) Recommendations to--
``(A) make United States-documented vessels more competitive
in shipping routes between United States and foreign ports;
``(B) increase the use of United States-documented vessels
to carry cargo imported to and exported from the United States;
``(C) ensure compliance by Federal agencies with chapter
553;
``(D) increase the use of short sea transportation routes,
including routes designated under section 55601(b), to enhance
intermodal freight movements;
``(E) enhance United States shipbuilding capability;
``(F) invest in, and identify gaps in, infrastructure needed
to facilitate the movement of goods at ports and throughout the
transportation system, including innovative physical and
information technologies;
``(G) enhance workforce training and recruitment for the
maritime workforce, including training on innovative physical
and information technologies;
``(H) increase the resilience of ports and the marine
transportation system;
``(I) increase the carriage of government-impelled cargo on
United States-documented vessels pursuant to chapter 553 of
title 46, section 2631 of title 10, or otherwise; and
``(J) maximize the cost effectiveness of Federal funding for
carriage of non-defense government impelled cargo for the
purposes of maintaining a United States flag fleet for national
and economic security.
``(c) Update.--Upon the release of a strategy or update under subsection
(a), the Secretary of Transportation shall make such strategy or update publicly
available on the website of the Department of Transportation.
``(d) Implementation Plan.--Not later than six months after the submission
of a strategy or update under subsection (a), the Secretary of Transportation,
in consultation with the Secretary of the department in which the Coast Guard is
operating and the Secretary of Defense, shall make publicly available on an
appropriate website an implementation plan for such strategy or update.''.
(2) Conforming repeals; deadline.--
(A) Rescission of superceded strategy.--Effective on the
date on which the Secretary of Transportation submits the
national maritime strategy under section 50114(a)(1) of title
46, United States Code, as added by paragraph (1)--
(i) the national maritime strategy prepared pursuant
to section 603 of the Howard Coble Coast Guard and
Maritime Transportation Act of 2014 (Public Law 113-281)
is rescinded; and
(ii) section 603 of the Howard Coble Coast Guard and
Maritime Transportation Act of 2014 (Public Law 113-281)
is repealed.
(B) Deadline for submission of strategy.--The Secretary
shall submit the national maritime strategy required under
section 50114(a)(1) of title 46, United States Code, as added by
paragraph (1), not later than six months after the date on which
the Secretary receives the study under subsection (a).
(3) Clerical amendment.--The analysis for chapter 501 of title 46,
United States Code, is amended by inserting after the item relating to
section 50113 the following new item:
``50114. National maritime strategy.''.
SEC. 3543. MARITIME ENVIRONMENTAL AND TECHNICAL ASSISTANCE PROGRAM.
(a) In General.--Section 50307 of title 46, United States Code, is amended--
(1) by striking the subsection (a) enumerator and all that follows
through ``Transportation'' and inserting the following:
``(a) Emerging Marine Technologies and Practices.--
``(1) In general.--The Secretary of Transportation'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (A) through (D)
as clauses (i) through (iv), respectively and adjusting
the margins accordingly; and
(ii) in clause (iv), as redesignated by clause (i),
by striking ``propeller cavitation'' and inserting
``incidental vessel-generated underwater noise, such as
noise from propeller cavitation or hydrodynamic flow'';
(B) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively and adjusting the margins accordingly;
(3) in subsection (c), by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively and adjusting the margins
accordingly;
(4) by redesignating subsections (b) through (d) as paragraphs (2)
through (4), respectively and adjusting the margins accordingly;
(5) by redesignating subsection (e) as subsection (b);
(6) by striking subsection (f);
(7) in subsection (a)--
(A) in paragraph (1), as designated under paragraph (1) of
this section--
(i) by inserting ``or support'' after ``engage in'';
(ii) by striking ``the use of public'' and all that
follows through the end of the sentence and inserting
``eligible entities.'';
(B) in paragraph (2), as redesignated under paragraph (4) of
this section--
(i) by striking ``this section'' and inserting
``this subsection'';
(ii) by striking ``or improve'' and inserting
``improve, or support efforts related to,'';
(C) in paragraph (3), as redesignated by paragraph (4) of
this section, by striking ``under subsection (b)(2) may
include'' and inserting ``with other Federal agencies or with
State, local, or Tribal governments, as appropriate, under
paragraph (2)(B) may include'';
(D) in paragraph (4), as redesignated by paragraph (4) of
this section--
(i) by striking ``academic, public, private, and
nongovernmental entities and facilities'' and inserting
``eligible entities''; and
(ii) by striking ``subsection (a)'' and inserting
``this subsection''; and
(E) by adding at the end the following:
``(5) Grants.--Subject to the availability of appropriations, the
Maritime Administrator, may establish and carry out a competitive grant
program to award grants to eligible entities for projects in the United
States consistent with the goals of this subsection to study, evaluate,
test, demonstrate, or apply technologies and practices to improve
environmental performance.'';
(8) in subsection (b), as redesignated by paragraph (5) of this
section, by striking ``subsection (b)(1)'' and inserting ``this
section''; and
(9) by adding at the end the following:
``(c) Vessels.--Activities carried out under a grant or cooperative
agreement made under this section may be conducted on public vessels under the
control of the Maritime Administration, upon approval of the Maritime
Administrator.
``(d) Eligible Entity Defined.--In this section, the term `eligible entity'
means--
``(1) a private entity, including a nonprofit organization;
``(2) a State, regional, or local government or entity, including
special districts;
``(3) an Indian Tribe (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304)) or a
consortium of Indian Tribes;
``(4) an institution of higher education as defined under section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002); or
``(5) a partnership or collaboration of entities described in
paragraphs (1) through (4).
``(e) Center for Maritime Innovation.--
``(1) In general.--The Secretary of Transportation shall, through a
cooperative agreement, establish a United States Center for Maritime
Innovation (referred to in this subsection as the `Center') to support
the study, research, development, assessment, and deployment of emerging
marine technologies and practices related to the maritime transportation
system.
``(2) Selection.--The Center shall be--
``(A) selected through a competitive process of eligible
entities, and if a private entity, a domestic entity;
``(B) based in the United States with technical expertise in
emerging marine technologies and practices related to the
maritime transportation system; and
``(C) located in close proximity to eligible entities with
expertise in United States emerging marine technologies and
practices, including the use of alternative fuels and the
development of both vessel and shoreside infrastructure.
``(3) Coordination.--The Secretary of Transportation shall
coordinate with other agencies critical for science, research, and
regulation of emerging marine technologies for the maritime sector,
including the Department of Energy, the Environmental Protection Agency,
the National Science Foundation, and the Coast Guard, when establishing
the Center.
``(4) Functions.--The Center shall--
``(A) support eligible entities regarding the development
and use of clean energy and necessary infrastructure to support
the deployment of clean energy on vessels of the United States;
``(B) monitor and assess, on an ongoing basis, the current
state of knowledge regarding emerging marine technologies in the
United States;
``(C) identify any significant gaps in emerging marine
technologies research specific to the United States maritime
industry, and seek to fill those gaps;
``(D) conduct research, development, testing, and evaluation
for equipment, technologies, and techniques to address the
components under subsection (a)(2);
``(E) provide--
``(i) guidance on best available technologies;
``(ii) technical analysis;
``(iii) assistance with understanding complex
regulatory requirements; and
``(iv) documentation of best practices in the
maritime industry, including training and informational
webinars on solutions for the maritime industry; and
``(F) work with academic and private sector response
training centers and Domestic Maritime Workforce Training and
Education Centers of Excellence to develop maritime strategies
applicable to various segments of the United States maritime
industry, including the inland, deep water, and coastal
fleets.''.
(b) Deadline for Implementation.--The Secretary of Transportation shall
establish the United States Center for Maritime Innovation under subsection (e)
of section 50307 of title 46, United States Code, as added by subsection (a), by
not later than one year after the date of the enactment of this Act.
SEC. 3544. DEFINITION OF QUALIFIED VESSEL.
Section 53501(5)(A)(iii) of title 46, United States Code, is amended by
striking ``United States foreign, Great Lakes, noncontiguous domestic, or short
sea transportation trade'' and inserting ``foreign or domestic trade of the
United States''.
SEC. 3545. ESTABLISHING A CAPITAL CONSTRUCTION FUND.
Section 53503(b) of title 46, United States Code, is amended by striking
``United States foreign, Great Lakes, noncontiguous domestic, or short sea
transportation trade'' and inserting ``foreign or domestic trade of the United
States''.
SEC. 3546. RECAPITALIZATION OF NATIONAL DEFENSE RESERVE FLEET.
(a) In General.--Subject to the availability of appropriations, the
Secretary of Transportation, in consultation with the Chief of Naval Operations
and the Commandant of the Coast Guard, shall--
(1) complete the design of a roll-on, roll-off cargo vessel for the
National Defense Reserve Fleet to allow for the construction of such
vessel to begin in fiscal year 2024; and
(2) seek to enter into an agreement with an appropriate vessel
construction manager under which the vessel construction manager shall
enter into a contract for the construction of not more than ten such
vessels in accordance with this section.
(b) Construction and Documentation Requirements.--A vessel constructed
pursuant to this section shall meet the requirements for, and be issued a
certificate of, documentation and a coastwise endorsement under chapter 121 of
title 46, United States Code.
(c) Design Standards and Construction Practices.--Subject to subsection (b),
a vessel constructed pursuant to this section shall be constructed using
commercial design standards and commercial construction practices that are
consistent with the best interests of the Federal Government.
(d) Consultation With Other Federal Entities.--The Secretary of
Transportation shall consult and coordinate with the Secretary of the Navy and
may consult with the heads of other appropriate Federal agencies regarding the
vessel described in subsection (a) and activities associated with such vessel.
(e) Limitation on Use of Funds for Used Vessels.--None of the funds
authorized to be appropriated by this Act or otherwise made available to carry
out this section may be used for the procurement of any used vessel.
SEC. 3547. SENSE OF CONGRESS ON MERCHANT MARINE.
It is the sense of Congress that the United States Merchant Marine is a
critical part of the national infrastructure of the United States, and the men
and women of the United States Merchant Marine are essential workers.
SEC. 3548. ANALYSIS OF EFFECTS OF CHEMICALS IN STORMWATER RUNOFF ON PACIFIC
SALMON AND STEELHEAD.
(a) In General.--Not later than 90 days after the date of enactment of this
Act, the Under Secretary of Commerce for Oceans and Atmosphere, in coordination
with the Secretary of Transportation and the Administrator of the Environmental
Protection Agency, and in consultation with the Director of the United States
Fish and Wildlife Service, shall commence an analysis of--
(1) the science relating to tire-related chemicals in stormwater
runoff at ports and the effects of such chemicals on Pacific salmon and
steelhead; and
(2) the challenges of studying tire-related chemicals in stormwater
runoff at ports and the effects of such chemicals on Pacific salmon and
steelhead.
(b) Report.--Not later than 18 months after commencing the analysis required
under subsection (a), the Under Secretary of Commerce for Oceans and Atmosphere,
in coordination with the Secretary of Transportation and the Administrator of
the Environmental Protection Agency, shall submit to the appropriate
congressional committees, and make publicly available, a report that includes--
(1) the findings of the analysis; and
(2) recommendations--
(A) to improve the monitoring of stormwater and research
related to run-off for tire-related chemicals and the effects of
such chemicals on Pacific salmon and steelhead at ports; and
(B) based on the best available science on relevant
management approaches at ports under their respective
jurisdictions.
(c) Appropriate Congressional Committees.--In this section, the term
``appropriate congressional committees'' means--
(1) the Committee on Commerce, Science, and Transportation and the
Committee on Environment and Public Works of the Senate; and
(2) the Committee on Transportation and Infrastructure and the
Committee on Natural Resources of the House of Representatives.
SEC. 3549. REPORT ON EFFECTIVE VESSEL QUIETING MEASURES.
(a) In General.--Not later than one year after the date of the enactment of
this Act, the Administrator of the Maritime Administration, in consultation with
the Under Secretary of Commerce for Oceans and Atmosphere and the Secretary of
the Department in which the Coast Guard is operating, shall submit to the
appropriate congressional committees, and make publicly available on an
appropriate website of the Department of Transportation, a report that includes
each of the following:
(1) An identification of technology-based controls and best
management practices for reducing vessel-generated underwater noise.
(2) For each technology-based control or best management practice
identified under paragraph (1), an evaluation of--
(A) the applicability of each control and practice to
various vessel types;
(B) the technical feasibility and economic achievability of
each control or practice; and
(C) the co-benefits and trade-offs of each control or
practice.
(3) Such other matters as the Administrator determines appropriate.
(b) Committees.--In this section, the term ``appropriate congressional
committees'' means--
(1) the Committee on Commerce, Science, and Transportation of the
Senate; and
(2) the Committee on Natural Resources and the Committee on
Transportation and Infrastructure of the House of Representatives.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division specifies a
dollar amount authorized for a project, program, or activity, the obligation and
expenditure of the specified dollar amount for the project, program, or activity
is hereby authorized, subject to the availability of appropriations.
(b) Merit-based Decisions.--
(1) In general.--A decision to commit, obligate, or expend funds
with or to a specific entity on the basis of a dollar amount authorized
pursuant to subsection (a) shall--
(A) except as provided in paragraph (2), be based on merit-
based selection procedures in accordance with the requirements
of sections 2304(k) and 2374 of title 10, United States Code, or
on competitive procedures; and
(B) comply with other applicable provisions of law.
(2) Exception.--Paragraph (1)(A) does not apply to a decision to
commit, obligate, or expend funds on the basis of a dollar amount
authorized pursuant to subsection (a) if the project, program, or
activity involved--
(A) is listed in section 4201; and
(B) is identified as Community Project Funding through the
inclusion of the abbreviation ``CPF'' immediately before the
name of the project, program, or activity.
(c) Relationship to Transfer and Programming Authority.--An amount specified
in the funding tables in this division may be transferred or reprogrammed under
a transfer or reprogramming authority provided by another provision of this Act
or by other law. The transfer or reprogramming of an amount specified in such
funding tables shall not count against a ceiling on such transfers or
reprogrammings under section 1001 of this Act or any other provision of law,
unless such transfer or reprogramming would move funds between appropriation
accounts.
(d) Applicability to Classified Annex.--This section applies to any
classified annex that accompanies this Act.
(e) Oral and Written Communications.--No oral or written communication
concerning any amount specified in the funding tables in this division shall
supersede the requirements of this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2023 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
002 MQ-1 UAV............. 350,000
Program increase--MQ- [350,000]
1 for Army National
Guard.
005 SMALL UNMANNED 10,598 20,598
AIRCRAFT SYSTEMS.
Short Range [10,000]
Reconnaissance
acceleration.
ROTARY
007 AH-64 APACHE BLOCK 524,661 524,661
IIIA REMAN.
008 AH-64 APACHE BLOCK 169,218 169,218
IIIA REMAN.
010 UH-60 BLACKHAWK M 650,406 707,806
MODEL (MYP).
Add 2 aircraft-- [57,400]
combat loss
replacement.
011 UH-60 BLACKHAWK M 68,147 68,147
MODEL (MYP).
012 UH-60 BLACK HAWK L 178,658 178,658
AND V MODELS.
013 CH-47 HELICOPTER..... 169,149 366,849
Three additional [197,700]
aircraft.
014 CH-47 HELICOPTER..... 18,749 18,749
MODIFICATION OF
AIRCRAFT
016 MQ-1 PAYLOAD......... 57,700 57,700
018 GRAY EAGLE MODS2..... 13,038 133,038
Program increase--MQ- [120,000]
1C Gray Eagle
extended range multi-
domain operations.
019 MULTI SENSOR ABN 21,380 21,380
RECON.
020 AH-64 MODS........... 85,840 85,840
021 CH-47 CARGO 11,215 36,215
HELICOPTER MODS
(MYP).
Degraded visual [25,000]
environment system.
024 EMARSS SEMA MODS..... 1,591 1,591
026 UTILITY HELICOPTER 21,346 29,346
MODS.
Load stabilization [8,000]
systems.
027 NETWORK AND MISSION 44,526 44,526
PLAN.
028 COMMS, NAV 72,387 72,387
SURVEILLANCE.
030 AVIATION ASSURED PNT. 71,130 69,320
PM costs excess...... [-1,810]
031 GATM ROLLUP.......... 14,683 14,683
GROUND SUPPORT
AVIONICS
034 AIRCRAFT 167,927 167,927
SURVIVABILITY
EQUIPMENT.
035 SURVIVABILITY CM..... 6,622 6,622
036 CMWS................. 107,112 107,112
037 COMMON INFRARED 288,209 288,209
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
039 COMMON GROUND 20,823 20,823
EQUIPMENT.
040 AIRCREW INTEGRATED 25,773 25,773
SYSTEMS.
041 AIR TRAFFIC CONTROL.. 27,492 27,492
042 LAUNCHER, 2.75 ROCKET 1,275 1,275
043 UNDISTRIBUTED........ 90,141
Inflation effects.... [90,141]
TOTAL AIRCRAFT 2,849,655 3,706,086
PROCUREMENT, ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
001 LOWER TIER AIR AND 4,260 4,260
MISSILE DEFENSE
(AMD) SEN.
002 LOWER TIER AIR AND 9,200 9,200
MISSILE DEFENSE
(AMD) SEN.
003 M-SHORAD--PROCUREMENT 135,747 410,809
Additional units-- [111,100]
Army UPL.
Hellfire pod [55,740]
replacement--Army
UPL.
Production line--Army [108,222]
UPL.
004 MSE MISSILE.......... 1,037,093 1,037,093
005 PRECISION STRIKE 213,172 213,172
MISSILE (PRSM).
006 INDIRECT FIRE 18,924 18,924
PROTECTION
CAPABILITY INC 2-I.
AIR-TO-SURFACE
MISSILE SYSTEM
007 HELLFIRE SYS SUMMARY. 111,294 111,294
008 JOINT AIR-TO-GROUND 216,030 252,030
MSLS (JAGM).
Defense Industrial [36,000]
Base (DIB) Expansion
for AGM-179 Joint
Air-to-Ground
Missiles (JAGM).
010 LONG-RANGE HYPERSONIC 249,285 249,285
WEAPON.
ANTI-TANK/ASSAULT
MISSILE SYS
011 JAVELIN (AAWS-M) 162,968 162,968
SYSTEM SUMMARY.
012 TOW 2 SYSTEM SUMMARY. 105,423 105,423
013 GUIDED MLRS ROCKET 785,028 785,028
(GMLRS).
014 MLRS REDUCED RANGE 4,354 4,354
PRACTICE ROCKETS
(RRPR).
015 HIGH MOBILITY 155,705 155,705
ARTILLERY ROCKET
SYSTEM (HIMARS.
016 LETHAL MINIATURE 37,937 112,937
AERIAL MISSILE
SYSTEM (LMAMS.
Procurement of [75,000]
Switchblade 600
variant.
MODIFICATIONS
017 PATRIOT MODS......... 253,689 1,193,689
2 Additional Fire [700,000]
Units and a
Dismounted Patriot
Information and
Coordination Central
(D-PICC).
Defense Industrial [240,000]
Base (DIB) Expansion
for PATRIOT Advanced
Capability - 3 (PAC-
3) Missile Segment.
020 ITAS/TOW MODS........ 5,154 5,154
021 MLRS MODS............ 218,359 218,359
022 HIMARS MODIFICATIONS. 20,468 20,468
SPARES AND REPAIR
PARTS
023 SPARES AND REPAIR 6,508 6,508
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
024 AIR DEFENSE TARGETS.. 11,317 11,317
025 INDUSTRIAL 150,000
PREPAREDNESS.
Blk 1 refurb missiles [150,000]
026 UNDISTRIBUTED........ 117,940
Inflation effects.... [117,940]
TOTAL MISSILE 3,761,915 5,355,917
PROCUREMENT, ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
001 ARMORED MULTI PURPOSE 380,677 780,677
VEHICLE (AMPV).
Program increase..... [400,000]
002 ASSAULT BREACHER 3,852 3,852
VEHICLE (ABV).
003 MOBILE PROTECTED 356,708 356,708
FIREPOWER.
MODIFICATION OF
TRACKED COMBAT
VEHICLES
004 STRYKER UPGRADE...... 671,271 891,171
Program increase [219,900]
modifications--Army
UPL.
005 BRADLEY PROGRAM (MOD) 279,531 279,531
006 M109 FOV 3,028 3,028
MODIFICATIONS.
007 PALADIN INTEGRATED 493,003 688,003
MANAGEMENT (PIM).
Program increase..... [195,000]
008 IMPROVED RECOVERY 138,759 138,759
VEHICLE (M88A2
HERCULES).
012 JOINT ASSAULT BRIDGE. 36,990 36,990
014 ABRAMS UPGRADE 656,340 1,278,140
PROGRAM.
Program increase [97,200]
modifications--Army
UPL.
Program increase [524,600]
upgrades--Army UPL.
WEAPONS & OTHER
COMBAT VEHICLES
017 MULTI-ROLE ANTI-ARMOR 26,627 26,627
ANTI-PERSONNEL
WEAPON S.
018 MORTAR SYSTEMS....... 8,516 8,516
019 LOCATION & AZIMUTH 48,301 48,301
DETERMINATION SYSTEM
(LADS.
020 XM320 GRENADE 11,703 11,703
LAUNCHER MODULE
(GLM).
021 PRECISION SNIPER 6,436 6,436
RIFLE.
024 NEXT GENERATION SQUAD 221,293 202,881
WEAPON.
Automatic rifle [-3,387]
contract delays.
Rifle contract delays [-15,025]
MOD OF WEAPONS AND
OTHER COMBAT VEH
028 M777 MODS............ 3,374 3,374
033 M119 MODIFICATIONS... 2,263 2,263
SUPPORT EQUIPMENT &
FACILITIES
036 ITEMS LESS THAN $5.0M 2,138 2,138
(WOCV-WTCV).
037 PRODUCTION BASE 225,220 225,220
SUPPORT (WOCV-WTCV).
038 UNDISTRIBUTED........ 100,659
Inflation effects.... [100,659]
TOTAL PROCUREMENT OF 3,576,030 5,094,977
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 59,447 64,724
TYPES.
Ahead of need........ [-4,723]
Program increase..... [10,000]
002 CTG, 7.62MM, ALL 90,019 96,364
TYPES.
Carryover............ [-3,655]
Program increase..... [10,000]
003 NEXT GENERATION SQUAD 128,662 96,496
WEAPON AMMUNITION.
Schedule delays...... [-32,166]
004 CTG, HANDGUN, ALL 317 317
TYPES.
005 CTG, .50 CAL, ALL 35,849 45,849
TYPES.
Program increase..... [10,000]
006 CTG, 20MM, ALL TYPES. 11,761 21,761
CRAM program increase [10,000]
007 CTG, 25MM, ALL TYPES. 10,270 10,270
008 CTG, 30MM, ALL TYPES. 143,045 143,045
009 CTG, 40MM, ALL TYPES. 85,213 85,213
MORTAR AMMUNITION
010 60MM MORTAR, ALL 33,338 33,338
TYPES.
011 81MM MORTAR, ALL 56,577 56,577
TYPES.
012 120MM MORTAR, ALL 127,168 127,168
TYPES.
TANK AMMUNITION
013 CARTRIDGES, TANK, 296,943 293,443
105MM AND 120MM, ALL
TYPES.
120mm MPT--Unit cost [-3,500]
growth.
ARTILLERY AMMUNITION
014 ARTILLERY CARTRIDGES, 7,647 7,647
75MM & 105MM, ALL
TYPES.
015 ARTILLERY PROJECTILE, 182,455 212,455
155MM, ALL TYPES.
Defense Industrial [40,000]
Base (DIB) Expansion
for XM1128 and XM113
(IB only)--155mm
rounds.
Proj Arty 155mm HE [-10,000]
RAP M1210--Early to
need.
017 PRECISION ARTILLERY 166,334 166,334
MUNITIONS.
018 ARTILLERY 143,763 143,763
PROPELLANTS, FUZES
AND PRIMERS, ALL.
MINES
019 MINES & CLEARING 80,920 80,920
CHARGES, ALL TYPES.
020 CLOSE TERRAIN SHAPING 53,579 53,579
OBSTACLE.
ROCKETS
021 SHOULDER LAUNCHED 18,159 18,159
MUNITIONS, ALL TYPES.
022 ROCKET, HYDRA 70, ALL 171,697 171,697
TYPES.
OTHER AMMUNITION
023 CAD/PAD, ALL TYPES... 7,643 7,643
024 DEMOLITION MUNITIONS, 29,796 29,796
ALL TYPES.
025 GRENADES, ALL TYPES.. 36,251 36,251
026 SIGNALS, ALL TYPES... 13,852 13,852
027 SIMULATORS, ALL TYPES 9,350 9,350
MISCELLANEOUS
029 AMMO COMPONENTS, ALL 3,823 3,823
TYPES.
030 ITEMS LESS THAN $5 19,921 19,921
MILLION (AMMO).
031 AMMUNITION PECULIAR 13,001 13,001
EQUIPMENT.
032 FIRST DESTINATION 17,528 17,528
TRANSPORTATION
(AMMO).
033 CLOSEOUT LIABILITIES. 101 101
PRODUCTION BASE
SUPPORT
034 INDUSTRIAL FACILITIES 499,613 678,063
Construction of [10,000]
Automated
Contaminated Waste
Plant, Lake City AAP.
Construction of [3,000]
Electrical System
Upgrade Phase I,
Scranton AAP.
Construction of Erie [700]
1--Unload
Manipulator,
Scranton AAP.
Construction of Forge [500]
Shop--Process Smog
Removal System,
Scranton AAP.
Construction of Forge [1,250]
Shop--Replace Pipes
(Subway Area),
Scranton AAP.
Construction of [1,600]
Industrial Sewer
Modernization, Iowa
AAP.
Construction of [4,300]
Infrastructure
Repairs Phase I,
Scranton AAP.
Construction of [3,030]
Infrastructure
Repairs Phase II,
Scranton AAP.
Construction of [2,400]
Medium Cal X-Ray
Equipment &
Infrastructure, Iowa
AAP.
Construction of [8,530]
Replace Internal
Water/Condensate
Lines, Bldgs 1, 2, &
3, Lake City AAP.
Construction of Small [8,000]
Caliber Automated
Primer Design, Lake
City AAP.
Construction of [3,300]
Storage Yard K Mod &
Automation, Iowa AAP.
Construction of Ultra [3,740]
Violet Fire
Detection System,
Iowa AAP.
Construction of [5,600]
Upgrade Laundry
Facility, Holston
AAP.
Construction of Water [25,000]
Distribution System,
Radford AAP.
Construction of Water [2,500]
In-take Pumps (B.
407), Radford AAP.
Urgent Safety [95,000]
Upgrades to LCAAP.
035 CONVENTIONAL 80,970 80,970
MUNITIONS
DEMILITARIZATION.
036 ARMS INITIATIVE...... 4,039 4,039
037 UNDISTRIBUTED........ 78,556
Inflation effects.... [78,556]
TOTAL PROCUREMENT OF 2,639,051 2,922,013
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
002 SEMITRAILERS, 23,021 23,021
FLATBED:.
003 SEMITRAILERS, TANKERS 21,869 19,369
Carryover............ [-2,500]
004 HI MOB MULTI-PURP 6,121 6,121
WHLD VEH (HMMWV).
005 GROUND MOBILITY 34,316 47,116
VEHICLES (GMV).
Program increase-- [12,800]
Infantry Squad
Vehicle.
007 JOINT LIGHT TACTICAL 703,110 686,396
VEHICLE FAMILY OF
VEHICL.
Unit cost increases.. [-16,714]
008 TRUCK, DUMP, 20T 30,000
(CCE).
Program increase..... [30,000]
009 FAMILY OF MEDIUM 74,086 157,746
TACTICAL VEH (FMTV).
Program increase..... [83,660]
010 FAMILY OF COLD 23,772 23,772
WEATHER ALL-TERRAIN
VEHICLE (C.
011 FIRETRUCKS & 39,950 39,950
ASSOCIATED
FIREFIGHTING EQUIP.
012 FAMILY OF HEAVY 96,112 206,112
TACTICAL VEHICLES
(FHTV).
Program increase..... [110,000]
013 PLS ESP.............. 54,674 54,674
016 MODIFICATION OF IN 31,819 214,819
SVC EQUIP.
HMMWV safety upgrades [183,000]
NON-TACTICAL VEHICLES
017 PASSENGER CARRYING 1,286 1,286
VEHICLES.
018 NONTACTICAL VEHICLES, 15,059 15,059
OTHER.
COMM--JOINT
COMMUNICATIONS
019 SIGNAL MODERNIZATION 179,853 169,853
PROGRAM.
Equipment Cost Growth [-5,000]
Software Cost Growth. [-5,000]
020 TACTICAL NETWORK 382,007 417,007
TECHNOLOGY MOD IN
SVC.
Program acceleration [35,000]
(mobile networking
for three maneuver
battalions).
022 DISASTER INCIDENT 4,066 4,066
RESPONSE COMMS
TERMINAL (DI.
023 JCSE EQUIPMENT 5,505 5,505
(USRDECOM).
COMM--SATELLITE
COMMUNICATIONS
026 DEFENSE ENTERPRISE 107,228 107,228
WIDEBAND SATCOM
SYSTEMS.
027 TRANSPORTABLE 119,259 114,250
TACTICAL COMMAND
COMMUNICATIONS.
Carryover............ [-5,009]
028 SHF TERM............. 23,173 23,173
029 ASSURED POSITIONING, 184,911 184,911
NAVIGATION AND
TIMING.
030 EHF SATELLITE 5,853 5,853
COMMUNICATION.
031 SMART-T (SPACE)...... 4,916 4,916
032 GLOBAL BRDCST SVC-- 3,179 3,179
GBS.
COMM--C3 SYSTEM
034 COE TACTICAL SERVER 94,287 90,387
INFRASTRUCTURE (TSI).
Unjustified cost [-3,900]
growth.
COMM--COMBAT
COMMUNICATIONS
035 HANDHELD MANPACK 728,366 720,592
SMALL FORM FIT (HMS).
Early to need--single- [-5,774]
channel data radio.
Excess to need-- [-2,000]
handheld radio
systems engineering.
037 ARMY LINK 16 SYSTEMS. 47,581 47,581
039 UNIFIED COMMAND SUITE 20,178 20,178
040 COTS COMMUNICATIONS 320,595 313,654
EQUIPMENT.
LCTRR costs [-6,941]
previously funded.
041 FAMILY OF MED COMM 7,621 7,621
FOR COMBAT CASUALTY
CARE.
042 ARMY COMMUNICATIONS & 59,705 59,705
ELECTRONICS.
COMM--INTELLIGENCE
COMM
043 CI AUTOMATION 13,891 13,891
ARCHITECTURE-INTEL.
045 MULTI-DOMAIN 20,637 20,637
INTELLIGENCE.
INFORMATION SECURITY
046 INFORMATION SYSTEM 1,019 1,019
SECURITY PROGRAM-
ISSP.
047 COMMUNICATIONS 125,692 125,692
SECURITY (COMSEC).
049 INSIDER THREAT 1,796 1,796
PROGRAM--UNIT
ACTIVITY MONITO.
051 BIOMETRIC ENABLING 816 816
CAPABILITY (BEC).
052 ARCYBER DEFENSIVE 18,239 18,239
CYBER OPERATIONS.
COMM--LONG HAUL
COMMUNICATIONS
054 BASE SUPPORT 10,262 25,262
COMMUNICATIONS.
CONUS land mobile [15,000]
radio.
COMM--BASE
COMMUNICATIONS
055 INFORMATION SYSTEMS.. 116,522 93,999
Ahead of need........ [-22,523]
056 EMERGENCY MANAGEMENT 5,036 5,036
MODERNIZATION
PROGRAM.
059 INSTALLATION INFO 214,806 214,806
INFRASTRUCTURE MOD
PROGRAM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
062 TITAN................ 84,821 0
Army requested [-19,680]
realignment to OPA
line 66.
Army Requested [-50,900]
Realignment to RDTE.
Funding ahead of need [-14,241]
063 JTT/CIBS-M........... 2,352 2,352
064 TERRESTRIAL LAYER 88,915 8,373
SYSTEMS (TLS).
Production contract [-42,542]
ahead of need.
Realignment of funds. [-38,000]
066 DCGS-A-INTEL......... 76,771 96,451
Army requested [19,680]
realignment from OPA
line 62.
067 JOINT TACTICAL GROUND 349 349
STATION (JTAGS)-
INTEL.
068 TROJAN............... 20,562 20,562
069 MOD OF IN-SVC EQUIP 30,424 49,724
(INTEL SPT).
INDOPACOM UFR--SIGINT [9,300]
upgrades.
Prophet Enhanced ESP [10,000]
Kits.
070 BIOMETRIC TACTICAL 2,269 2,269
COLLECTION DEVICES.
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
073 AIR VIGILANCE (AV)... 5,688 5,688
074 MULTI-FUNCTION 3,060 3,060
ELECTRONIC WARFARE
(MFEW) SYST.
076 COUNTERINTELLIGENCE/ 19,519 15,019
SECURITY
COUNTERMEASURES.
Carryover............ [-4,500]
077 CI MODERNIZATION..... 437 437
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
078 SENTINEL MODS........ 166,736 166,736
079 NIGHT VISION DEVICES. 424,253 425,253
ENVGB program [100,000]
extension.
IVAS--Army requested [-99,000]
realignment to RDTE.
080 SMALL TACTICAL 11,357 11,357
OPTICAL RIFLE
MOUNTED MLRF.
082 FAMILY OF WEAPON 202,258 195,818
SIGHTS (FWS).
Program decrease..... [-6,440]
083 ENHANCED PORTABLE 5,116 5,116
INDUCTIVE ARTILLERY
FUZE SE.
084 FORWARD LOOKING 37,914 37,914
INFRARED (IFLIR).
085 COUNTER SMALL 326,364 326,364
UNMANNED AERIAL
SYSTEM (C-SUAS).
086 JOINT BATTLE COMMAND-- 186,515 186,515
PLATFORM (JBC-P).
087 JOINT EFFECTS 10,304 5,152
TARGETING SYSTEM
(JETS).
Program reduction.... [-5,152]
088 COMPUTER BALLISTICS: 3,038 3,038
LHMBC XM32.
089 MORTAR FIRE CONTROL 4,879 4,879
SYSTEM.
090 MORTAR FIRE CONTROL 4,370 4,370
SYSTEMS
MODIFICATIONS.
091 COUNTERFIRE RADARS... 162,208 162,208
ELECT EQUIP--TACTICAL
C2 SYSTEMS
092 ARMY COMMAND POST 60,455 60,455
INTEGRATED
INFRASTRUCTURE (.
093 FIRE SUPPORT C2 9,676 9,676
FAMILY.
094 AIR & MSL DEFENSE 72,619 72,619
PLANNING & CONTROL
SYS.
095 IAMD BATTLE COMMAND 438,967 438,967
SYSTEM.
096 LIFE CYCLE SOFTWARE 4,586 4,586
SUPPORT (LCSS).
097 NETWORK MANAGEMENT 37,199 37,199
INITIALIZATION AND
SERVICE.
098 GLOBAL COMBAT SUPPORT 4,102 4,102
SYSTEM-ARMY (GCSS-A).
099 INTEGRATED PERSONNEL 6,926 6,926
AND PAY SYSTEM-ARMY
(IPP.
101 MOD OF IN-SVC 4,076 15,076
EQUIPMENT (ENFIRE).
GPS laser leveling [11,000]
system.
ELECT EQUIP--
AUTOMATION
102 ARMY TRAINING 8,033 8,033
MODERNIZATION.
103 AUTOMATED DATA 96,554 96,554
PROCESSING EQUIP.
104 ACCESSIONS 43,767 19,500
INFORMATION
ENVIRONMENT (AIE).
Insufficient [-24,267]
justification.
105 GENERAL FUND 97 97
ENTERPRISE BUSINESS
SYSTEMS FAM.
106 HIGH PERF COMPUTING 73,655 73,655
MOD PGM (HPCMP).
107 CONTRACT WRITING 17,701 4,075
SYSTEM.
Licenses ahead of [-13,626]
need.
108 CSS COMMUNICATIONS... 88,141 88,141
ELECT EQUIP--SUPPORT
111 BCT EMERGING 12,853 12,853
TECHNOLOGIES.
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 1,596 1,596
CHEMICAL DEFENSIVE
EQUIPMENT
113 BASE DEFENSE SYSTEMS 47,960 47,960
(BDS).
114 CBRN DEFENSE......... 56,129 56,129
BRIDGING EQUIPMENT
116 TACTICAL BRIDGING.... 13,785 13,785
118 BRIDGE SUPPLEMENTAL 6,774 1,045
SET.
Carryover............ [-5,729]
119 COMMON BRIDGE 10,379 10,379
TRANSPORTER (CBT)
RECAP.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
124 ROBOTICS AND APPLIQUE 52,340 52,340
SYSTEMS.
COMBAT SERVICE
SUPPORT EQUIPMENT
127 HEATERS AND ECU'S.... 7,672 7,672
129 PERSONNEL RECOVERY 4,691 4,691
SUPPORT SYSTEM
(PRSS).
130 GROUND SOLDIER SYSTEM 124,953 124,953
131 MOBILE SOLDIER POWER. 15,933 15,933
132 FORCE PROVIDER....... 12,000
Program increase..... [12,000]
134 CARGO AERIAL DEL & 42,444 42,444
PERSONNEL PARACHUTE
SYSTEM.
136 ITEMS LESS THAN $5M 4,155 4,155
(ENG SPT).
PETROLEUM EQUIPMENT
137 QUALITY SURVEILLANCE 2,845 2,845
EQUIPMENT.
138 DISTRIBUTION SYSTEMS, 26,433 26,433
PETROLEUM & WATER.
MEDICAL EQUIPMENT
139 COMBAT SUPPORT 75,606 75,606
MEDICAL.
MAINTENANCE EQUIPMENT
140 MOBILE MAINTENANCE 3,936 3,936
EQUIPMENT SYSTEMS.
CONSTRUCTION
EQUIPMENT
147 ALL TERRAIN CRANES... 31,341 31,341
148 HIGH MOBILITY 10,000
ENGINEER EXCAVATOR
(HMEE).
Program increase..... [10,000]
149 FAMILY OF DIVER 3,256 3,256
SUPPORT EQUIPMENT.
150 CONST EQUIP ESP...... 9,104 9,104
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
151 ARMY WATERCRAFT ESP.. 47,889 47,889
152 MANEUVER SUPPORT 104,676 104,676
VESSEL (MSV).
153 ITEMS LESS THAN $5.0M 10,131 10,131
(FLOAT/RAIL).
GENERATORS
154 GENERATORS AND 54,400 54,400
ASSOCIATED EQUIP.
155 TACTICAL ELECTRIC 8,293 8,293
POWER
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
156 FAMILY OF FORKLIFTS.. 8,819 8,819
TRAINING EQUIPMENT
157 COMBAT TRAINING 48,046 48,046
CENTERS SUPPORT.
158 TRAINING DEVICES, 201,966 199,669
NONSYSTEM.
Program decrease..... [-2,297]
159 SYNTHETIC TRAINING 255,670 219,670
ENVIRONMENT (STE).
SiVT--Army requested [-36,000]
realignment to RDTE.
160 GAMING TECHNOLOGY IN 9,546 9,546
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
162 INTEGRATED FAMILY OF 36,514 36,514
TEST EQUIPMENT
(IFTE).
164 TEST EQUIPMENT 32,734 32,734
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
166 PHYSICAL SECURITY 102,556 116,706
SYSTEMS (OPA3).
AFRICOM UFR--force [14,150]
protection.
167 BASE LEVEL COMMON 31,417 31,417
EQUIPMENT.
168 MODIFICATION OF IN- 24,047 24,047
SVC EQUIPMENT (OPA-
3).
169 BUILDING, PRE-FAB, 32,151 32,151
RELOCATABLE.
170 SPECIAL EQUIPMENT FOR 84,779 84,779
TEST AND EVALUATION.
OPA2
172 INITIAL SPARES--C&E.. 10,463 10,463
173 UNDISTRIBUTED........ 291,568
Inflation effects.... [291,568]
TOTAL OTHER 8,457,509 8,966,932
PROCUREMENT, ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 F/A-18E/F (FIGHTER) 90,865 756,865
HORNET.
8 aircraft--USNR..... [666,000]
002 JOINT STRIKE FIGHTER 1,663,515 2,017,715
CV.
Three additional [313,600]
Joint Strike Fighter
aircraft.
TR-3 Organic Depot [40,600]
Standup.
003 JOINT STRIKE FIGHTER 387,596 224,496
CV.
Economic order [-163,100]
quantity unjustified
request.
004 JSF STOVL............ 1,909,635 1,950,235
TR-3 Organic Depot [40,600]
Standup.
005 JSF STOVL............ 200,118 200,118
006 CH-53K (HEAVY LIFT).. 1,669,986 1,898,196
Engineering change [-15,790]
orders excess growth.
Unjustified cost [-2,000]
growth--Other ILS.
Unjustified cost [-4,000]
growth--Pubs/ Tech
data.
USMC UFR--additional [250,000]
aircraft.
007 CH-53K (HEAVY LIFT).. 357,824 357,824
008 V-22 (MEDIUM LIFT)... 31,795 243,795
Unit quantity [212,000]
increase--2 aircraft.
011 P-8A POSEIDON........ 41,521 41,521
012 E-2D ADV HAWKEYE..... 842,401 1,235,762
2 additional E-2D [399,900]
aircraft--Navy UPL.
Non-recurring excess [-6,539]
growth.
TRAINER AIRCRAFT
014 MULTI-ENGINE TRAINING 123,217 107,801
SYSTEM (METS).
Support cost excess [-15,416]
growth.
015 ADVANCED HELICOPTER 119,816 119,816
TRAINING SYSTEM.
OTHER AIRCRAFT
016 KC-130J.............. 439,501 439,501
017 KC-130J.............. 29,122 29,122
019 MQ-4 TRITON.......... 587,820 584,192
Program decrease..... [-3,628]
020 MQ-4 TRITON.......... 75,235 75,235
021 MQ-8 UAV............. 21,000
Costs associated with [21,000]
restoring 5 LCS.
022 STUASL0 UAV.......... 2,703 2,703
023 MQ-25................ 696,713 696,713
024 MQ-25................ 51,463 51,463
025 MARINE GROUP 5 UAS... 103,882 98,132
Program decrease..... [-5,750]
MODIFICATION OF
AIRCRAFT
027 F-18 A-D UNIQUE...... 141,514 141,514
028 F-18E/F AND EA-18G 572,681 572,681
MODERNIZATION AND
SUSTAINM.
029 MARINE GROUP 5 UAS 86,116 86,116
SERIES.
030 AEA SYSTEMS.......... 25,058 25,058
031 AV-8 SERIES.......... 26,657 26,657
032 INFRARED SEARCH AND 144,699 134,329
TRACK (IRST).
Reduction in units... [-10,370]
033 ADVERSARY............ 105,188 105,188
034 F-18 SERIES.......... 480,663 480,663
035 H-53 SERIES.......... 40,151 40,151
036 MH-60 SERIES......... 126,238 126,238
037 H-1 SERIES........... 122,498 122,498
038 EP-3 SERIES.......... 8,492 8,492
039 E-2 SERIES........... 188,897 188,897
040 TRAINER A/C SERIES... 9,568 9,568
042 C-130 SERIES......... 132,170 132,170
043 FEWSG................ 695 695
044 CARGO/TRANSPORT A/C 10,902 10,902
SERIES.
045 E-6 SERIES........... 129,049 129,049
046 EXECUTIVE HELICOPTERS 55,265 55,265
SERIES.
047 T-45 SERIES.......... 201,670 201,670
048 POWER PLANT CHANGES.. 24,685 24,685
049 JPATS SERIES......... 19,780 19,780
050 AVIATION LIFE SUPPORT 1,143 1,143
MODS.
051 COMMON ECM EQUIPMENT. 129,722 129,722
052 COMMON AVIONICS 136,883 131,883
CHANGES.
Installation [-5,000]
equipment NRE
previously funded.
053 COMMON DEFENSIVE 6,373 6,373
WEAPON SYSTEM.
054 ID SYSTEMS........... 3,828 3,828
055 P-8 SERIES........... 249,342 249,342
056 MAGTF EW FOR AVIATION 24,684 24,684
057 MQ-8 SERIES.......... 9,846 17,146
Costs associated with [7,300]
restoring 5 LCS.
058 V-22 (TILT/ROTOR 207,621 290,121
ACFT) OSPREY.
V-22 Nacelle [82,500]
Improvement.
059 NEXT GENERATION 401,563 468,563
JAMMER (NGJ).
Program increase--2 [67,000]
shipsets - Navy UPL.
060 F-35 STOVL SERIES.... 216,356 199,294
Prior year under [-17,062]
execution.
061 F-35 CV SERIES....... 208,336 204,110
Prior year under [-4,226]
execution.
062 QRC.................. 47,864 47,864
063 MQ-4 SERIES.......... 94,738 91,977
Prior year under [-2,761]
execution.
064 RQ-21 SERIES......... 6,576 6,576
AIRCRAFT SPARES AND
REPAIR PARTS
068 SPARES AND REPAIR 1,872,417 2,166,317
PARTS.
Costs associated with [1,200]
restoring 5 LCS.
Navy UFR--aviation [292,700]
outfitting spares in
support of carrier
airwings.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
069 COMMON GROUND 542,214 542,214
EQUIPMENT.
070 AIRCRAFT INDUSTRIAL 101,559 101,559
FACILITIES.
071 WAR CONSUMABLES...... 40,316 40,316
072 OTHER PRODUCTION 46,403 46,403
CHARGES.
073 SPECIAL SUPPORT 423,280 423,280
EQUIPMENT.
074 UNDISTRIBUTED........ 491,186
Inflation effects.... [491,186]
TOTAL AIRCRAFT 16,848,428 19,478,372
PROCUREMENT, NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,125,164 1,176,164
Defense Industrial [51,000]
Base (DIB) Expansion
for Trident II Mods.
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 7,767 7,767
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 160,190 160,190
TACTICAL MISSILES
004 AMRAAM............... 335,900 335,900
005 SIDEWINDER........... 63,288 89,188
Navy UFR--additional [25,900]
AIM-9X.
006 STANDARD MISSILE..... 489,123 739,123
Capacity expansion-- [50,000]
dual-source
energetics.
Capacity expansion-- [200,000]
test/tooling
equipment.
008 JASSM................ 58,481 0
Navy requested [-12,000]
transfer to line 16.
Navy requested [-46,481]
transfer to RDTE
line 93.
009 SMALL DIAMETER BOMB 108,317 104,421
II.
Unit cost growth--AUR [-3,896]
010 RAM.................. 92,131 92,131
011 JOINT AIR GROUND 78,395 78,395
MISSILE (JAGM).
012 HELLFIRE............. 6,603 6,603
013 AERIAL TARGETS....... 183,222 183,222
014 DRONES AND DECOYS.... 62,930 50,430
Stabilize production [-12,500]
ramp.
015 OTHER MISSILE SUPPORT 3,524 3,524
016 LRASM................ 226,022 291,022
Defense Industrial [53,000]
Base (DIB) Expansion
for LRASM.
Navy requested [12,000]
transfer from line 8.
017 NAVAL STRIKE MISSILE 59,034 259,034
(NSM).
Naval Strike [200,000]
Missiles--Advanced
Procurement.
MODIFICATION OF
MISSILES
018 TOMAHAWK MODS........ 435,308 435,308
019 ESSM................. 282,035 282,035
020 AARGM................ 131,275 171,275
Production increase.. [40,000]
021 STANDARD MISSILES 71,198 71,198
MODS.
023 INDUSTRIAL 20,000
PREPAREDNESS.
Defense Industrial [20,000]
Base (DIB) Expansion
for Harpoon Missiles.
SUPPORT EQUIPMENT &
FACILITIES
022 WEAPONS INDUSTRIAL 1,976 6,976
FACILITIES.
Hypersonic test [5,000]
facility.
ORDNANCE SUPPORT
EQUIPMENT
025 ORDNANCE SUPPORT 40,793 40,793
EQUIPMENT.
TORPEDOES AND RELATED
EQUIP
026 SSTD................. 3,789 3,789
027 MK-48 TORPEDO........ 151,128 200,128
Navy UFR--additional [49,000]
MK 48 procurement.
028 ASW TARGETS.......... 14,403 14,403
MOD OF TORPEDOES AND
RELATED EQUIP
029 MK-54 TORPEDO MODS... 106,772 232,172
Mk54 LWT program [125,400]
increase.
030 MK-48 TORPEDO ADCAP 18,502 18,502
MODS.
031 MARITIME MINES....... 9,282 245,332
Hammerhead........... [225,000]
Mk68................. [11,050]
SUPPORT EQUIPMENT
032 TORPEDO SUPPORT 87,044 87,044
EQUIPMENT.
033 ASW RANGE SUPPORT.... 3,965 3,965
DESTINATION
TRANSPORTATION
034 FIRST DESTINATION 5,315 5,315
TRANSPORTATION.
GUNS AND GUN MOUNTS
035 SMALL ARMS AND 13,859 13,859
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
036 CIWS MODS............ 2,655 2,655
037 COAST GUARD WEAPONS.. 34,259 34,259
038 GUN MOUNT MODS....... 81,725 81,725
039 LCS MODULE WEAPONS... 4,580 4,580
040 AIRBORNE MINE 8,710 8,710
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
042 SPARES AND REPAIR 170,041 170,041
PARTS.
043 UNDISTRIBUTED........ 129,375
Inflation effects.... [129,375]
TOTAL WEAPONS 4,738,705 5,860,553
PROCUREMENT, NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 47,198 47,198
002 JDAM................. 76,688 76,688
003 AIRBORNE ROCKETS, ALL 70,005 70,005
TYPES.
004 MACHINE GUN 20,586 20,586
AMMUNITION.
005 PRACTICE BOMBS....... 51,109 48,843
Prior year under [-2,266]
execution.
006 CARTRIDGES & CART 72,534 72,534
ACTUATED DEVICES.
007 AIR EXPENDABLE 114,475 108,859
COUNTERMEASURES.
Program rephasing--IR [-5,616]
decoys.
008 JATOS................ 7,096 7,096
009 5 INCH/54 GUN 30,018 30,018
AMMUNITION.
010 INTERMEDIATE CALIBER 40,089 40,089
GUN AMMUNITION.
011 OTHER SHIP GUN 42,707 189,707
AMMUNITION.
Goalkeeper long lead [147,000]
procurement.
012 SMALL ARMS & LANDING 49,023 45,971
PARTY AMMO.
Excess to need--50 [-3,052]
CAL LKD and tracer.
013 PYROTECHNIC AND 9,480 9,480
DEMOLITION.
014 AMMUNITION LESS THAN 1,622 1,622
$5 MILLION.
MARINE CORPS
AMMUNITION
015 MORTARS.............. 71,214 71,214
016 DIRECT SUPPORT 65,169 62,627
MUNITIONS.
Various munitions [-2,542]
unit cost growth.
017 INFANTRY WEAPONS 225,271 225,271
AMMUNITION.
018 COMBAT SUPPORT 19,691 19,691
MUNITIONS.
019 AMMO MODERNIZATION... 17,327 17,327
020 ARTILLERY MUNITIONS.. 15,514 15,514
021 ITEMS LESS THAN $5 5,476 5,476
MILLION.
022 UNDISTRIBUTED........ 33,521
Inflation effects.... [33,521]
TOTAL PROCUREMENT OF 1,052,292 1,219,337
AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC
MISSILE SHIPS
001 OHIO REPLACEMENT 3,079,223 3,079,223
SUBMARINE.
002 OHIO REPLACEMENT 2,778,553 2,778,553
SUBMARINE.
OTHER WARSHIPS
003 CARRIER REPLACEMENT 1,481,530 1,466,530
PROGRAM.
Program decrease..... [-15,000]
004 CVN-81............... 1,052,024 1,052,024
005 VIRGINIA CLASS 4,534,184 4,534,184
SUBMARINE.
006 VIRGINIA CLASS 2,025,651 2,025,651
SUBMARINE.
008 CVN REFUELING 618,295 612,081
OVERHAULS.
Unjustified [-6,214]
electronics cost
growth.
009 DDG 1000............. 72,976 72,976
010 DDG-51............... 4,376,537 6,816,537
Large Surface [250,000]
Combatant Shipyard
Infrastructure.
One additional ship.. [2,190,000]
011 DDG-51............... 618,352 695,652
Third DDG in FY 2024. [77,300]
013 FFG-FRIGATE.......... 1,085,224 1,085,224
014 FFG-FRIGATE.......... 74,949 0
Advance procurement [-74,949]
unjustified request.
AMPHIBIOUS SHIPS
015 LPD FLIGHT II........ 1,673,000 1,673,000
016 LPD FLIGHT II........ 250,000
USMC UFR--Advance [250,000]
procurement for LPD-
33.
020 LHA REPLACEMENT...... 1,085,470 1,374,470
LHA 10 advance [289,000]
procurement.
021 EXPEDITIONARY FAST 645,000
TRANSPORT (EPF).
EMS.................. [645,000]
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
022 TAO FLEET OILER...... 794,719 794,719
024 TOWING, SALVAGE, AND 95,915 95,915
RESCUE SHIP (ATS).
027 OUTFITTING........... 707,412 707,412
028 SHIP TO SHORE 190,433 391,838
CONNECTOR.
Unit quantity [201,405]
increase.
029 SERVICE CRAFT........ 68,274 91,274
Auxiliary personnel [23,000]
lighters barracks
craft.
030 LCAC SLEP............ 36,301 36,301
031 AUXILIARY VESSELS 140,686 140,686
(USED SEALIFT).
032 COMPLETION OF PY 1,328,146 1,328,146
SHIPBUILDING
PROGRAMS.
033 UNDISTRIBUTED........ 839,239
Inflation effects.... [839,239]
TOTAL SHIPBUILDING 27,917,854 32,586,635
AND CONVERSION, NAVY.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001 SURFACE POWER 46,478 46,478
EQUIPMENT.
GENERATORS
002 SURFACE COMBATANT 84,615 84,615
HM&E.
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 98,079 87,800
EQUIPMENT.
Program decrease..... [-10,279]
OTHER SHIPBOARD
EQUIPMENT
004 SUB PERISCOPE, 266,300 261,011
IMAGING AND SUPT
EQUIP PROG.
Unjustified growth... [-5,289]
005 DDG MOD.............. 770,341 770,341
006 FIREFIGHTING 19,687 19,687
EQUIPMENT.
007 COMMAND AND CONTROL 2,406 2,406
SWITCHBOARD.
008 LHA/LHD MIDLIFE...... 38,200 38,200
009 LCC 19/20 EXTENDED 20,028 20,028
SERVICE LIFE PROGRAM.
010 POLLUTION CONTROL 17,682 17,682
EQUIPMENT.
011 SUBMARINE SUPPORT 117,799 117,799
EQUIPMENT.
012 VIRGINIA CLASS 32,300 32,300
SUPPORT EQUIPMENT.
013 LCS CLASS SUPPORT 15,238 15,238
EQUIPMENT.
014 SUBMARINE BATTERIES.. 24,137 24,137
015 LPD CLASS SUPPORT 54,496 54,496
EQUIPMENT.
016 DDG 1000 CLASS 314,333 284,333
SUPPORT EQUIPMENT.
Program decrease..... [-30,000]
017 STRATEGIC PLATFORM 13,504 13,504
SUPPORT EQUIP.
018 DSSP EQUIPMENT....... 3,660 3,660
019 CG MODERNIZATION..... 59,054 59,054
020 LCAC................. 17,452 17,452
021 UNDERWATER EOD 35,417 35,417
EQUIPMENT.
022 ITEMS LESS THAN $5 60,812 60,812
MILLION.
023 CHEMICAL WARFARE 3,202 3,202
DETECTORS.
REACTOR PLANT
EQUIPMENT
025 SHIP MAINTENANCE, 1,242,532 1,242,532
REPAIR AND
MODERNIZATION.
026 REACTOR POWER UNITS.. 4,690 4,690
027 REACTOR COMPONENTS... 408,989 408,989
OCEAN ENGINEERING
028 DIVING AND SALVAGE 11,773 11,773
EQUIPMENT.
SMALL BOATS
029 STANDARD BOATS....... 57,262 77,262
Six additional 40- [20,000]
foot Patrol Boats.
PRODUCTION FACILITIES
EQUIPMENT
030 OPERATING FORCES IPE. 174,743 174,743
OTHER SHIP SUPPORT
031 LCS COMMON MISSION 57,313 57,313
MODULES EQUIPMENT.
032 LCS MCM MISSION 94,987 97,187
MODULES.
Mine Countermeasures [2,200]
Mission Package
Capacity and
Wholeness--Navy UPL.
033 LCS ASW MISSION 3,594 3,594
MODULES.
034 LCS SUW MISSION 5,100 5,100
MODULES.
035 LCS IN-SERVICE 76,526 76,526
MODERNIZATION.
036 SMALL & MEDIUM UUV... 49,763 49,763
SHIP SONARS
037 SPQ-9B RADAR......... 12,063 12,063
038 AN/SQQ-89 SURF ASW 141,591 141,591
COMBAT SYSTEM.
039 SSN ACOUSTIC 446,653 446,653
EQUIPMENT.
040 UNDERSEA WARFARE 17,424 17,424
SUPPORT EQUIPMENT.
ASW ELECTRONIC
EQUIPMENT
041 SUBMARINE ACOUSTIC 31,708 31,708
WARFARE SYSTEM.
042 SSTD................. 14,325 14,325
043 FIXED SURVEILLANCE 266,228 266,228
SYSTEM.
044 SURTASS.............. 25,030 25,030
ELECTRONIC WARFARE
EQUIPMENT
045 AN/SLQ-32............ 292,417 292,417
RECONNAISSANCE
EQUIPMENT
046 SHIPBOARD IW EXPLOIT. 311,210 311,210
047 AUTOMATED 2,487 2,487
IDENTIFICATION
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
048 COOPERATIVE 34,500 34,500
ENGAGEMENT
CAPABILITY.
049 NAVAL TACTICAL 19,038 19,038
COMMAND SUPPORT
SYSTEM (NTCSS).
050 ATDLS................ 73,675 73,675
051 NAVY COMMAND AND 3,435 3,435
CONTROL SYSTEM
(NCCS).
052 MINESWEEPING SYSTEM 16,336 16,336
REPLACEMENT.
054 NAVSTAR GPS RECEIVERS 30,439 30,439
(SPACE).
055 AMERICAN FORCES RADIO 2,724 2,724
AND TV SERVICE.
056 STRATEGIC PLATFORM 6,266 6,266
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
057 ASHORE ATC EQUIPMENT. 89,396 89,396
058 AFLOAT ATC EQUIPMENT. 86,732 86,732
059 ID SYSTEMS........... 59,226 59,226
060 JOINT PRECISION 8,186 8,186
APPROACH AND LANDING
SYSTEM (.
061 NAVAL MISSION 26,778 26,778
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
062 MARITIME INTEGRATED 3,520 3,520
BROADCAST SYSTEM.
063 TACTICAL/MOBILE C4I 31,840 31,840
SYSTEMS.
064 DCGS-N............... 15,606 15,606
065 CANES................ 402,550 402,550
066 RADIAC............... 9,062 9,062
067 CANES-INTELL......... 48,665 48,665
068 GPETE................ 23,479 23,479
069 MASF................. 11,792 11,792
070 INTEG COMBAT SYSTEM 6,053 6,053
TEST FACILITY.
071 EMI CONTROL 4,219 4,219
INSTRUMENTATION.
072 ITEMS LESS THAN $5 102,846 102,846
MILLION.
SHIPBOARD
COMMUNICATIONS
073 SHIPBOARD TACTICAL 36,941 36,941
COMMUNICATIONS.
074 SHIP COMMUNICATIONS 101,691 101,691
AUTOMATION.
075 COMMUNICATIONS ITEMS 55,290 55,290
UNDER $5M.
SUBMARINE
COMMUNICATIONS
076 SUBMARINE BROADCAST 91,150 91,150
SUPPORT.
077 SUBMARINE 74,569 74,569
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
078 SATELLITE 39,827 39,827
COMMUNICATIONS
SYSTEMS.
079 NAVY MULTIBAND 24,586 24,586
TERMINAL (NMT).
SHORE COMMUNICATIONS
080 JOINT COMMUNICATIONS 4,699 4,699
SUPPORT ELEMENT
(JCSE).
CRYPTOGRAPHIC
EQUIPMENT
081 INFO SYSTEMS SECURITY 156,034 156,034
PROGRAM (ISSP).
082 MIO INTEL 1,055 1,055
EXPLOITATION TEAM.
CRYPTOLOGIC EQUIPMENT
083 CRYPTOLOGIC 18,832 20,332
COMMUNICATIONS EQUIP.
INDOPACOM UFR--SIGINT [1,500]
upgrades.
OTHER ELECTRONIC
SUPPORT
092 COAST GUARD EQUIPMENT 68,556 68,556
SONOBUOYS
094 SONOBUOYS--ALL TYPES. 291,670 303,520
Program increase..... [11,850]
AIRCRAFT SUPPORT
EQUIPMENT
095 MINOTAUR............. 5,247 5,247
096 WEAPONS RANGE SUPPORT 106,209 106,209
EQUIPMENT.
097 AIRCRAFT SUPPORT 275,461 275,461
EQUIPMENT.
098 ADVANCED ARRESTING 22,717 22,717
GEAR (AAG).
099 ELECTROMAGNETIC 18,594 18,594
AIRCRAFT LAUNCH
SYSTEM (EMALS.
100 METEOROLOGICAL 15,175 15,175
EQUIPMENT.
101 LEGACY AIRBORNE MCM.. 4,689 4,689
102 LAMPS EQUIPMENT...... 1,610 1,610
103 AVIATION SUPPORT 86,409 86,409
EQUIPMENT.
104 UMCS-UNMAN CARRIER 136,647 136,647
AVIATION(UCA)MISSION
CNTRL.
SHIP GUN SYSTEM
EQUIPMENT
105 SHIP GUN SYSTEMS 5,902 5,902
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
106 HARPOON SUPPORT 217 217
EQUIPMENT.
107 SHIP MISSILE SUPPORT 286,788 292,188
EQUIPMENT.
SPY-1 Low Noise [5,400]
Amplyfier.
108 TOMAHAWK SUPPORT 95,856 95,856
EQUIPMENT.
FBM SUPPORT EQUIPMENT
109 STRATEGIC MISSILE 279,430 279,430
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
110 SSN COMBAT CONTROL 128,874 128,874
SYSTEMS.
111 ASW SUPPORT EQUIPMENT 26,920 26,920
OTHER ORDNANCE
SUPPORT EQUIPMENT
112 EXPLOSIVE ORDNANCE 17,048 17,048
DISPOSAL EQUIP.
113 ITEMS LESS THAN $5 5,938 5,938
MILLION.
OTHER EXPENDABLE
ORDNANCE
114 ANTI-SHIP MISSILE 86,264 86,264
DECOY SYSTEM.
115 SUBMARINE TRAINING 80,591 80,591
DEVICE MODS.
116 SURFACE TRAINING 198,695 198,695
EQUIPMENT.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
117 PASSENGER CARRYING 4,799 4,799
VEHICLES.
118 GENERAL PURPOSE 2,542 2,542
TRUCKS.
119 CONSTRUCTION & 50,619 55,219
MAINTENANCE EQUIP.
GPS laser leveling [4,600]
system.
120 FIRE FIGHTING 16,305 16,305
EQUIPMENT.
121 TACTICAL VEHICLES.... 28,586 28,586
122 POLLUTION CONTROL 2,840 2,840
EQUIPMENT.
123 ITEMS LESS THAN $5 64,311 64,311
MILLION.
124 PHYSICAL SECURITY 1,263 1,263
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
125 SUPPLY EQUIPMENT..... 32,338 32,338
126 FIRST DESTINATION 6,255 6,255
TRANSPORTATION.
127 SPECIAL PURPOSE 613,039 613,039
SUPPLY SYSTEMS.
TRAINING DEVICES
128 TRAINING SUPPORT 1,285 1,285
EQUIPMENT.
129 TRAINING AND 44,618 44,618
EDUCATION EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
130 COMMAND SUPPORT 55,728 55,728
EQUIPMENT.
131 MEDICAL SUPPORT 5,325 5,325
EQUIPMENT.
133 NAVAL MIP SUPPORT 6,077 6,077
EQUIPMENT.
134 OPERATING FORCES 16,252 16,252
SUPPORT EQUIPMENT.
135 C4ISR EQUIPMENT...... 6,497 6,497
136 ENVIRONMENTAL SUPPORT 36,592 36,592
EQUIPMENT.
137 PHYSICAL SECURITY 118,598 114,598
EQUIPMENT.
Program decrease..... [-4,000]
138 ENTERPRISE 29,407 29,407
INFORMATION
TECHNOLOGY.
OTHER
142 NEXT GENERATION 201,314 201,314
ENTERPRISE SERVICE.
143 CYBERSPACE ACTIVITIES 5,018 5,018
144 CYBER MISSION FORCES. 17,115 17,115
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 17,295 17,295
SPARES AND REPAIR
PARTS
145 SPARES AND REPAIR 532,313 682,313
PARTS.
Navy UFR--Maritime [150,000]
spares outfitting.
146 UNDISTRIBUTED........ 369,826
Inflation effects.... [369,826]
TOTAL OTHER 11,746,503 12,262,311
PROCUREMENT, NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 5,653 5,653
002 AMPHIBIOUS COMBAT 536,678 527,079
VEHICLE FAMILY OF
VEHICLES.
Excess growth-- [-9,599]
integrated logistics
support.
003 LAV PIP.............. 57,099 55,739
M&S tactical [-1,360]
communication
modernization kits
previously funded.
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT 1,782 1,782
TOWED HOWITZER.
005 ARTILLERY WEAPONS 143,808 143,808
SYSTEM.
006 WEAPONS AND COMBAT 11,118 11,118
VEHICLES UNDER $5
MILLION.
GUIDED MISSILES
007 TOMAHAWK............. 42,958 42,958
008 NAVAL STRIKE MISSILE 174,369 174,369
(NSM).
009 GROUND BASED AIR 173,801 173,801
DEFENSE.
010 ANTI-ARMOR MISSILE- 18,495 17,205
JAVELIN.
Guided missile unit [-1,290]
cost growth.
011 FAMILY ANTI-ARMOR 21,419 21,419
WEAPON SYSTEMS
(FOAAWS).
012 ANTI-ARMOR MISSILE- 663 663
TOW.
013 GUIDED MLRS ROCKET 7,605 7,605
(GMLRS).
COMMAND AND CONTROL
SYSTEMS
014 COMMON AVIATION 30,292 30,292
COMMAND AND CONTROL
SYSTEM (C.
REPAIR AND TEST
EQUIPMENT
015 REPAIR AND TEST 58,024 54,684
EQUIPMENT.
Unjustified growth-- [-3,340]
CBM+ test systems.
OTHER SUPPORT (TEL)
016 MODIFICATION KITS.... 293 293
COMMAND AND CONTROL
SYSTEM (NON-TEL)
017 ITEMS UNDER $5 83,345 83,345
MILLION (COMM &
ELEC).
018 AIR OPERATIONS C2 11,048 11,048
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
019 GROUND/AIR TASK 61,943 411,943
ORIENTED RADAR (G/
ATOR).
USMC UFR--AN/TPS-80 G/ [350,000]
ATOR radar.
INTELL/COMM EQUIPMENT
(NON-TEL)
020 GCSS-MC.............. 1,663 1,663
021 FIRE SUPPORT SYSTEM.. 48,322 48,322
022 INTELLIGENCE SUPPORT 182,894 167,894
EQUIPMENT.
Program decrease..... [-15,000]
024 UNMANNED AIR SYSTEMS 47,595 43,358
(INTEL).
Short range/ short [-4,237]
endurance unit cost
growth.
025 DCGS-MC.............. 47,998 47,998
026 UAS PAYLOADS......... 8,619 8,619
OTHER SUPPORT (NON-
TEL)
029 MARINE CORPS 276,763 258,020
ENTERPRISE NETWORK
(MCEN).
Excess growth--end [-18,743]
user devices.
030 COMMON COMPUTER 40,096 40,096
RESOURCES.
031 COMMAND POST SYSTEMS. 58,314 58,314
032 RADIO SYSTEMS........ 612,450 599,593
Program decrease..... [-12,857]
033 COMM SWITCHING & 51,976 51,976
CONTROL SYSTEMS.
034 COMM & ELEC 26,029 26,029
INFRASTRUCTURE
SUPPORT.
035 CYBERSPACE ACTIVITIES 17,759 17,759
036 CYBER MISSION FORCES. 4,036 4,036
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 3,884 3,884
ADMINISTRATIVE
VEHICLES
039 COMMERCIAL CARGO 35,179 33,161
VEHICLES.
Unjustified request-- [-2,018]
garrison
transportation and
management.
TACTICAL VEHICLES
040 MOTOR TRANSPORT 17,807 17,807
MODIFICATIONS.
041 JOINT LIGHT TACTICAL 222,257 222,257
VEHICLE.
043 TRAILERS............. 2,721 2,721
ENGINEER AND OTHER
EQUIPMENT
045 TACTICAL FUEL SYSTEMS 7,854 7,854
046 POWER EQUIPMENT 5,841 5,841
ASSORTED.
047 AMPHIBIOUS SUPPORT 38,120 38,120
EQUIPMENT.
048 EOD SYSTEMS.......... 201,047 191,047
Unjustified growth-- [-10,000]
MEGFoS.
MATERIALS HANDLING
EQUIPMENT
049 PHYSICAL SECURITY 69,967 65,967
EQUIPMENT.
Prior year under [-4,000]
execution.
GENERAL PROPERTY
050 FIELD MEDICAL 21,780 21,780
EQUIPMENT.
051 TRAINING DEVICES..... 86,272 74,774
Unjustified growth... [-11,498]
052 FAMILY OF 27,605 27,605
CONSTRUCTION
EQUIPMENT.
053 ULTRA-LIGHT TACTICAL 15,033 15,033
VEHICLE (ULTV).
OTHER SUPPORT
054 ITEMS LESS THAN $5 26,433 26,433
MILLION.
SPARES AND REPAIR
PARTS
055 SPARES AND REPAIR 34,799 34,799
PARTS.
056 UNDISTRIBUTED........ 123,755
Inflation effects.... [123,755]
TOTAL PROCUREMENT, 3,681,506 4,061,319
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
STRATEGIC OFFENSIVE
001 B-21 RAIDER.......... 1,498,431 1,498,431
002 B-21 RAIDER.......... 288,165 288,165
TACTICAL FORCES
003 F-35................. 3,320,757 4,093,757
Air Force UFR-- [658,000]
additional F-35A
aircraft.
Technical realignment [115,000]
004 F-35................. 594,886 180,658
EOQ unjustified [-243,184]
request.
Long-lead excess to [-56,044]
need due to
decreased out-year
quantities.
Realignment of funds [-115,000]
to line 3.
005 F-15EX............... 2,422,348 2,422,348
006 F-15EX............... 264,000 264,000
TACTICAL AIRLIFT
007 KC-46A MDAP.......... 2,684,503 2,684,503
OTHER AIRLIFT
008 C-130J............... 75,293 75,293
009 MC-130J.............. 40,351 40,351
UPT TRAINERS
011 ADVANCED TRAINER 10,507 10,507
REPLACEMENT T-X.
HELICOPTERS
012 MH-139A.............. 156,192 156,192
013 COMBAT RESCUE 707,018 1,048,118
HELICOPTER.
Additional aircraft.. [350,000]
Unit cost excess to [-8,900]
need.
MISSION SUPPORT
AIRCRAFT
015 CIVIL AIR PATROL A/C. 2,952 11,600
Program increase..... [8,648]
OTHER AIRCRAFT
016 TARGET DRONES........ 128,906 128,906
017 COMPASS CALL......... 553,700
Air Force UFR--EC-37B [553,700]
aircraft.
018 E-11 BACN/HAG........ 67,260 66,847
Realignment of funds. [-413]
019 MQ-9................. 17,039 16,039
Early to need-- [-1,000]
production shutdown.
021 AGILITY PRIME 3,612 3,612
PROCUREMENT.
STRATEGIC AIRCRAFT
022 B-2A................. 106,752 91,771
ACS kits ahead of [-14,981]
need.
023 B-1B................. 36,313 33,813
Program decrease..... [-2,500]
024 B-52................. 127,854 120,909
Realignment of funds [-4,293]
for B-52 Crypto Mod
upgrade spares.
Realignment of funds [-2,652]
for B-52 VLF/LF
spares.
025 LARGE AIRCRAFT 25,286 25,286
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
026 A-10................. 83,972 83,972
027 E-11 BACN/HAG........ 10,309 10,309
028 F-15................. 194,379 194,379
029 F-16................. 700,455 685,955
Overestimation of [-14,500]
SLEP induction rate.
030 F-22A................ 764,222 764,222
031 F-35 MODIFICATIONS... 414,382 414,382
032 F-15 EPAW............ 259,837 259,837
034 KC-46A MDAP.......... 467 467
AIRLIFT AIRCRAFT
035 C-5.................. 46,027 15,673
Realignment of funds. [-18,000]
Realignment of funds [-12,354]
to line 64.
036 C-17A................ 152,009 157,509
Air Force realignment [5,500]
of funds.
037 C-32A................ 4,068 4,068
038 C-37A................ 6,062 6,062
TRAINER AIRCRAFT
039 GLIDER MODS.......... 149 149
040 T-6.................. 6,215 6,215
041 T-1.................. 6,262 6,262
042 T-38................. 111,668 161,168
Ejection Seat Upgrade [49,500]
OTHER AIRCRAFT
044 U-2 MODS............. 81,650 81,650
045 KC-10A (ATCA)........ 3,443 2,043
Unjustified growth... [-1,400]
046 C-21................. 2,024 2,024
047 VC-25A MOD........... 2,146 2,146
048 C-40................. 2,197 2,197
049 C-130................ 114,268 148,748
Air Force realignment [17,500]
of funds.
Modular airborne [20,000]
firefighting system.
Overestimation of AMP [-3,020]
inc 2 install cost.
050 C-130J MODS.......... 112,299 112,299
051 C-135................ 149,023 163,523
Air Force realignment [19,500]
of funds.
Program decrease..... [-5,000]
052 COMPASS CALL......... 16,630 337,230
Air Force UFR--EC-37B [320,600]
group A & B kits and
spare components.
053 RC-135............... 212,828 252,828
INDOPACOM UFR--SIGINT [600]
upgrades.
RC-135 navigation [39,400]
upgrades.
054 E-3.................. 54,247 54,247
055 E-4.................. 5,973 5,973
056 E-8.................. 16,610 0
Program decrease..... [-16,610]
059 H-1.................. 1,757 1,757
060 H-60................. 10,820 10,820
061 COMBAT RESCUE 3,083 3,083
HELICOPTER
MODIFICATION.
062 RQ-4 MODS............ 1,286 1,286
063 HC/MC-130 138,956 109,785
MODIFICATIONS.
MC/AC MUOS [-9,171]
installations ahead
of need.
Realignment of funds. [-20,000]
064 OTHER AIRCRAFT....... 29,029 41,796
Realignment of funds. [12,767]
065 MQ-9 MODS............ 64,370 211,507
Multi-Domain [150,700]
Operations
modernization.
Unjustified cost--MQ- [-3,563]
9 Upgrade.
067 SENIOR LEADER C3, 24,784 24,784
SYSTEM--AIRCRAFT.
068 CV-22 MODS........... 153,026 153,026
AIRCRAFT SPARES AND
REPAIR PARTS
069 INITIAL SPARES/REPAIR 623,661 734,767
PARTS.
Air Force UFR--EC-37B [9,361]
spare components.
Air Force UFR--EC-37B [94,800]
spare engines.
Realignment of funds [4,293]
for B-52 Crypto Mod
upgrade spares.
Realignment of funds [2,652]
for B-52 VLF/LF
spares.
COMMON SUPPORT
EQUIPMENT
070 AIRCRAFT REPLACEMENT 138,935 138,935
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
071 B-2A................. 1,802 1,802
072 B-2B................. 36,325 36,325
073 B-52................. 5,883 5,883
074 F-15................. 2,764 2,764
075 F-16................. 5,102 5,102
077 MQ9 POST PROD........ 7,069 7,069
078 RQ-4 POST PRODUCTION 40,845 40,845
CHARGES.
082 C-5 POST PRODUCTION 18,000
SUPPORT.
Realignment of funds. [18,000]
083 HC/MC-130J POST 20,000
PRODUCTION SUPPORT.
Realignment of funds. [20,000]
INDUSTRIAL
PREPAREDNESS
079 INDUSTRIAL 19,128 19,128
RESPONSIVENESS.
WAR CONSUMABLES
080 WAR CONSUMABLES...... 31,165 31,165
OTHER PRODUCTION
CHARGES
081 OTHER PRODUCTION 1,047,300 1,047,300
CHARGES.
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 18,092 63,092
Air Force UFR--F-35A [45,000]
classified item.
999 UNDISTRIBUTED........ 633,490
Inflation effects.... [633,490]
TOTAL AIRCRAFT 18,517,428 21,113,854
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT 57,476 57,476
EQ-BALLISTIC.
STRATEGIC
004 LONG RANGE STAND-OFF 31,454 31,454
WEAPON.
TACTICAL
005 REPLAC EQUIP & WAR 30,510 30,510
CONSUMABLES.
006 AGM-183A AIR-LAUNCHED 46,566 0
RAPID RESPONSE
WEAPON.
Realignment of funds. [-46,566]
007 JOINT AIR-SURFACE 784,971 861,971
STANDOFF MISSILE.
Defense Industrial [77,000]
Base (DIB) Expansion
for JASSM.
008 LRASM0............... 114,025 114,025
009 SIDEWINDER (AIM-9X).. 111,855 111,855
010 AMRAAM............... 320,056 340,056
AIM-120 Advanced [20,000]
Medium-Range Air-to-
Air Missile
(AMRAAM)--Advanced
Procurement.
011 PREDATOR HELLFIRE 1,040 1,040
MISSILE.
012 SMALL DIAMETER BOMB.. 46,475 46,475
013 SMALL DIAMETER BOMB 279,006 429,006
II.
Air Force UFR-- [150,000]
additional small
diameter bomb II.
014 STAND-IN ATTACK 77,975 77,975
WEAPON (SIAW).
INDUSTRIAL FACILITIES
015 INDUSTR'L PREPAREDNS/ 868 150,868
POL PREVENTION.
Defense Industrial [150,000]
Base (DIB) Expansion
for Industrial
Preparedness.
CLASS IV
018 ICBM FUZE MOD........ 99,691 99,691
019 ICBM FUZE MOD........ 37,673 37,673
020 MM III MODIFICATIONS. 68,193 68,193
022 AIR LAUNCH CRUISE 33,778 108,778
MISSILE (ALCM).
Defense Industrial [75,000]
Base (DIB) Expansion
for Gas Turbine
Engines, Control
Actuation Systems,
and Antennas.
MISSILE SPARES AND
REPAIR PARTS
023 MSL SPRS/REPAIR PARTS 15,354 15,354
(INITIAL).
024 MSL SPRS/REPAIR PARTS 62,978 62,978
(REPLEN).
SPECIAL PROGRAMS
028 SPECIAL UPDATE 36,933 36,933
PROGRAMS.
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 705,540 705,540
999 UNDISTRIBUTED........ 61,064
Inflation effects.... [61,064]
TOTAL MISSILE 2,962,417 3,448,915
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 22,190 22,190
CARTRIDGES
002 CARTRIDGES........... 124,164 124,164
BOMBS
004 GENERAL PURPOSE BOMBS 162,800 162,800
005 MASSIVE ORDNANCE 19,743 19,743
PENETRATOR (MOP).
006 JOINT DIRECT ATTACK 251,956 251,956
MUNITION.
OTHER ITEMS
008 CAD/PAD.............. 50,473 50,473
009 EXPLOSIVE ORDNANCE 6,343 6,343
DISPOSAL (EOD).
010 SPARES AND REPAIR 573 573
PARTS.
012 FIRST DESTINATION 1,903 1,903
TRANSPORTATION.
013 ITEMS LESS THAN 5,014 5,014
$5,000,000.
FLARES
014 EXPENDABLE 120,548 120,548
COUNTERMEASURES.
FUZES
015 FUZES................ 121,528 121,528
SMALL ARMS
016 SMALL ARMS........... 16,395 16,395
017 UNDISTRIBUTED........ 23,395
Inflation effects.... [23,395]
TOTAL PROCUREMENT OF 903,630 927,025
AMMUNITION, AIR
FORCE.
PROCUREMENT, SPACE
FORCE
SPACE PROCUREMENT, SF
002 AF SATELLITE COMM 51,414 51,414
SYSTEM.
003 COUNTERSPACE SYSTEMS. 62,691 62,691
004 FAMILY OF BEYOND LINE- 26,394 26,394
OF-SIGHT TERMINALS.
005 WIDEBAND GAPFILLER 21,982 21,982
SATELLITES (SPACE).
006 GENERAL INFORMATION 5,424 5,424
TECH--SPACE.
007 GPSIII FOLLOW ON..... 657,562 646,962
Excess to need....... [-10,600]
008 GPS III SPACE SEGMENT 103,340 103,340
009 GLOBAL POSTIONING 950 950
(SPACE).
010 HERITAGE TRANSITION.. 21,896 21,896
011 SPACEBORNE EQUIP 29,587 24,083
(COMSEC).
Cost growth.......... [-5,504]
012 MILSATCOM............ 29,333 29,333
013 SBIR HIGH (SPACE).... 148,666 148,666
014 SPECIAL SPACE 817,484 805,484
ACTIVITIES.
Underexecution....... [-12,000]
015 MOBILE USER OBJECTIVE 46,833 46,833
SYSTEM.
016 NATIONAL SECURITY 1,056,133 1,025,533
SPACE LAUNCH.
Excess to need....... [-30,600]
017 NUDET DETECTION 7,062 7,062
SYSTEM.
018 PTES HUB............. 42,464 42,464
019 ROCKET SYSTEMS LAUNCH 39,145 39,145
PROGRAM.
020 SPACE DEVELOPMENT 314,288 714,288
AGENCY LAUNCH.
Realignment of funds. [200,000]
Space Force UFR-- [200,000]
accelerate resilient
missile warning/
missile tracking.
022 SPACE MODS........... 73,957 73,957
023 SPACELIFT RANGE 71,712 71,712
SYSTEM SPACE.
SPARES
024 SPARES AND REPAIR 1,352 1,352
PARTS.
025 UNDISTRIBUTED........ 106,161
Inflation effects.... [106,161]
TOTAL PROCUREMENT, 3,629,669 4,077,126
SPACE FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 2,446 2,446
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 1,125 1,125
VEHICLE.
003 CAP VEHICLES......... 999 1,900
Program increase..... [901]
004 CARGO AND UTILITY 35,220 35,220
VEHICLES.
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 60,461 60,461
VEHICLE.
006 SECURITY AND TACTICAL 382 382
VEHICLES.
007 SPECIAL PURPOSE 49,623 49,623
VEHICLES.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 11,231 11,231
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 12,559 12,559
VEHICLES.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV AND 6,409 6,409
CLEANING EQU.
011 BASE MAINTENANCE 72,012 72,012
SUPPORT VEHICLES.
COMM SECURITY
EQUIPMENT(COMSEC)
013 COMSEC EQUIPMENT..... 96,851 96,851
014 STRATEGIC 467,901 467,901
MICROELECTRONIC
SUPPLY SYSTEM.
INTELLIGENCE PROGRAMS
015 INTERNATIONAL INTEL 7,043 7,043
TECH & ARCHITECTURES.
016 INTELLIGENCE TRAINING 2,424 2,424
EQUIPMENT.
017 INTELLIGENCE COMM 25,308 25,308
EQUIPMENT.
ELECTRONICS PROGRAMS
018 AIR TRAFFIC CONTROL & 65,531 65,531
LANDING SYS.
019 BATTLE CONTROL 1,597 1,597
SYSTEM--FIXED.
020 THEATER AIR CONTROL 9,611 9,611
SYS IMPROVEMEN.
021 3D EXPEDITIONARY LONG- 174,640 167,140
RANGE RADAR.
Program decrease..... [-7,500]
022 WEATHER OBSERVATION 20,658 20,658
FORECAST.
023 STRATEGIC COMMAND AND 93,351 86,220
CONTROL.
Worldwide Joint [-7,131]
Strategic
Communications
realignment of funds.
024 CHEYENNE MOUNTAIN 6,118 6,118
COMPLEX.
025 MISSION PLANNING 13,947 13,947
SYSTEMS.
SPCL COMM-ELECTRONICS
PROJECTS
028 GENERAL INFORMATION 101,517 101,517
TECHNOLOGY.
029 AF GLOBAL COMMAND & 2,487 2,487
CONTROL SYS.
030 BATTLEFIELD AIRBORNE 32,807 32,807
CONTROL NODE (BACN).
031 MOBILITY COMMAND AND 10,210 10,210
CONTROL.
035 COMBAT TRAINING 134,213 134,213
RANGES.
036 MINIMUM ESSENTIAL 66,294 66,294
EMERGENCY COMM N.
037 WIDE AREA 29,518 29,518
SURVEILLANCE (WAS).
038 C3 COUNTERMEASURES... 55,324 55,324
040 GCSS-AF FOS.......... 786 786
042 MAINTENANCE REPAIR & 248 248
OVERHAUL INITIATIVE.
043 THEATER BATTLE MGT C2 275 275
SYSTEM.
044 AIR & SPACE 2,611 2,611
OPERATIONS CENTER
(AOC).
AIR FORCE
COMMUNICATIONS
046 BASE INFORMATION 29,791 29,791
TRANSPT INFRAST
(BITI) WIRED.
047 AFNET................ 83,320 83,320
048 JOINT COMMUNICATIONS 5,199 5,199
SUPPORT ELEMENT
(JCSE).
049 USCENTCOM............ 11,896 11,896
050 USSTRATCOM........... 4,619 4,619
ORGANIZATION AND BASE
051 TACTICAL C-E 120,050 120,050
EQUIPMENT.
052 RADIO EQUIPMENT...... 14,053 14,053
054 BASE COMM 91,313 96,363
INFRASTRUCTURE.
NORTHCOM UFR--Long [5,050]
range radar sites
digitilization
upgrades.
MODIFICATIONS
055 COMM ELECT MODS...... 167,419 167,419
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 89,484 89,484
PERSONAL SAFETY &
RESCUE EQUIP
056 PERSONAL SAFETY AND 92,995 92,995
RESCUE EQUIPMENT.
DEPOT PLANT+MTRLS
HANDLING EQ
057 POWER CONDITIONING 12,199 12,199
EQUIPMENT.
058 MECHANIZED MATERIAL 9,326 9,326
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
059 BASE PROCURED 52,890 52,890
EQUIPMENT.
060 ENGINEERING AND EOD 231,552 231,552
EQUIPMENT.
061 MOBILITY EQUIPMENT... 28,758 28,758
062 FUELS SUPPORT 21,740 21,740
EQUIPMENT (FSE).
SPECIAL SUPPORT
PROJECTS
065 DARP RC135........... 28,153 28,153
066 DCGS-AF.............. 217,713 217,713
070 SPECIAL UPDATE 978,499 978,499
PROGRAM.
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 21,702,225 21,702,225
SPARES AND REPAIR
PARTS
071 SPARES AND REPAIR 1,007 1,007
PARTS (CYBER).
072 SPARES AND REPAIR 23,175 23,175
PARTS.
073 UNDISTRIBUTED........ 189,283
Inflation effects.... [189,283]
TOTAL OTHER 25,691,113 25,871,716
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, OSD
025 MAJOR EQUIPMENT, DPAA 513 513
050 MAJOR EQUIPMENT, OSD. 64,291 67,291
Project Spectrum..... [3,000]
MAJOR EQUIPMENT, NSA
047 INFORMATION SYSTEMS 6,738 6,738
SECURITY PROGRAM
(ISSP).
MAJOR EQUIPMENT, WHS
054 MAJOR EQUIPMENT, WHS. 310 310
MAJOR EQUIPMENT, DISA
011 INFORMATION SYSTEMS 24,044 24,044
SECURITY.
012 TELEPORT PROGRAM..... 50,475 50,475
013 JOINT FORCES 674 674
HEADQUARTERS--DODIN.
014 ITEMS LESS THAN $5 46,614 46,614
MILLION.
015 DEFENSE INFORMATION 87,345 87,345
SYSTEM NETWORK.
016 WHITE HOUSE 130,145 130,145
COMMUNICATION AGENCY.
017 SENIOR LEADERSHIP 47,864 47,864
ENTERPRISE.
018 JOINT REGIONAL 17,135 10,135
SECURITY STACKS
(JRSS).
Program decrease..... [-7,000]
019 JOINT SERVICE 86,183 86,183
PROVIDER.
020 FOURTH ESTATE NETWORK 42,756 42,756
OPTIMIZATION (4ENO).
MAJOR EQUIPMENT, DLA
022 MAJOR EQUIPMENT...... 24,501 24,501
MAJOR EQUIPMENT, DCSA
001 MAJOR EQUIPMENT...... 2,346 2,346
MAJOR EQUIPMENT, TJS
052 MAJOR EQUIPMENT, TJS. 3,900 3,900
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
030 THAAD................ 74,994 239,994
15 additional THAAD [165,000]
interceptors.
031 GROUND BASED 11,300 11,300
MIDCOURSE.
032 AEGIS BMD............ 402,235 402,235
034 BMDS AN/TPY-2 RADARS. 4,606 4,606
035 SM-3 IIAS............ 337,975 589,975
Production increase.. [252,000]
036 ARROW 3 UPPER TIER 80,000 80,000
SYSTEMS.
037 SHORT RANGE BALLISTIC 40,000 40,000
MISSILE DEFENSE
(SRBMD).
038 DEFENSE OF GUAM 26,514 26,514
PROCUREMENT.
039 AEGIS ASHORE PHASE 30,056 30,056
III.
040 IRON DOME............ 80,000 80,000
041 AEGIS BMD HARDWARE 78,181 78,181
AND SOFTWARE.
MAJOR EQUIPMENT, DHRA
003 PERSONNEL 4,522 4,522
ADMINISTRATION.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
027 VEHICLES............. 139 139
028 OTHER MAJOR EQUIPMENT 14,296 14,296
MAJOR EQUIPMENT,
DODEA
024 AUTOMATION/ 2,048 2,048
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT,
DMACT
023 MAJOR EQUIPMENT...... 11,117 11,117
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS.. 681,894 681,894
AVIATION PROGRAMS
055 ARMED OVERWATCH/ 246,000 246,000
TARGETING.
056 MANNED ISR........... 5,000 5,000
057 MC-12................ 3,344 3,344
059 ROTARY WING UPGRADES 214,575 210,283
AND SUSTAINMENT.
Excess to need....... [-4,292]
060 UNMANNED ISR......... 41,749 41,749
061 NON-STANDARD AVIATION 7,156 7,156
062 U-28................. 4,589 4,589
063 MH-47 CHINOOK........ 133,144 133,144
064 CV-22 MODIFICATION... 75,629 83,215
CV-22 & MC-130J Link- [7,586]
16 TacNet tactical
receiver.
065 MQ-9 UNMANNED AERIAL 9,000 9,000
VEHICLE.
066 PRECISION STRIKE 57,450 57,450
PACKAGE.
067 AC/MC-130J........... 225,569 222,869
Excess to need....... [-2,700]
068 C-130 MODIFICATIONS.. 11,945 16,893
CV-22 & MC-130J Link- [4,948]
16 TacNet tactical
receiver.
SHIPBUILDING
069 UNDERWATER SYSTEMS... 45,631 45,631
AMMUNITION PROGRAMS
070 ORDNANCE ITEMS <$5M.. 151,233 154,938
Maritime Scalable [3,705]
Effects (MSE)
Electronic Warfare
System Acceleration.
OTHER PROCUREMENT
PROGRAMS
071 INTELLIGENCE SYSTEMS. 175,616 219,094
SOCOM Enclosed Spaces [15,000]
Reconnaissance
Collection Suite
(ESRCS).
Stalker VXE Block 30 [28,478]
Vertical Takeoff &
Landing (VTOL)
Acceleration.
072 DISTRIBUTED COMMON 2,214 2,214
GROUND/SURFACE
SYSTEMS.
073 OTHER ITEMS <$5M..... 98,096 96,134
Excess to need....... [-1,962]
074 COMBATANT CRAFT 85,566 85,566
SYSTEMS.
075 SPECIAL PROGRAMS..... 20,042 249,042
Medium Fixed Wing [229,000]
Recapitalization.
076 TACTICAL VEHICLES.... 51,605 59,605
PB-NSCV.............. [8,000]
077 WARRIOR SYSTEMS <$5M. 306,846 352,992
AFSOC Force [18,730]
Generation
(AFSOFORGEN)
Tactical
Communications
(TACCOM).
Counter Unmanned [33,553]
Systems (CUxS)
Procurement
Acceleration.
Excess to need....... [-6,137]
078 COMBAT MISSION 4,991 4,991
REQUIREMENTS.
080 OPERATIONAL 18,723 18,723
ENHANCEMENTS
INTELLIGENCE.
081 OPERATIONAL 347,473 358,227
ENHANCEMENTS.
Intelligence, [10,754]
Surveillance, and
Reconnaissance (ISR)
Transceivers
Acceleration.
CBDP
082 CHEMICAL BIOLOGICAL 199,439 192,747
SITUATIONAL
AWARENESS.
Unjustified growth... [-6,692]
083 CB PROTECTION & 187,164 187,164
HAZARD MITIGATION.
084 UNDISTRIBUTED........ 149,308
Inflation effects.... [149,308]
TOTAL PROCUREMENT, 5,245,500 6,145,779
DEFENSE-WIDE.
NATIONAL GUARD AND
RESERVE EQUIPMENT
UNDISTRIBUTED
001 UNDISTRIBUTED........ 50,000
Program increase..... [50,000]
TOTAL NATIONAL GUARD 50,000
AND RESERVE
EQUIPMENT.
TOTAL PROCUREMENT.... 144,219,205 163,148,867
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2023 Conference
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. BASIC RESEARCH
001 0601102A DEFENSE RESEARCH SCIENCES......... 279,328 345,194
.................................. Basic research increase........... [55,866]
.................................. Counter-UAS technologies.......... [5,000]
.................................. Data exchange system for a secure [5,000]
digital engineering environment.
002 0601103A UNIVERSITY RESEARCH INITIATIVES... 70,775 90,775
.................................. Defense University Research [20,000]
Instrumentation Program.
003 0601104A UNIVERSITY AND INDUSTRY RESEARCH 100,909 109,909
CENTERS.
.................................. Automotive Research Center........ [5,000]
.................................. Biotechnology..................... [4,000]
004 0601121A CYBER COLLABORATIVE RESEARCH 5,355 5,355
ALLIANCE.
005 0601601A ARTIFICIAL INTELLIGENCE AND 10,456 10,456
MACHINE LEARNING BASIC RESEARCH.
.................................. SUBTOTAL BASIC RESEARCH........... 466,823 561,689
..................................
.................................. APPLIED RESEARCH
006 0602002A ARMY AGILE INNOVATION AND 9,534 9,534
DEVELOPMENT-APPLIED RESEARCH.
008 0602134A COUNTER IMPROVISED-THREAT ADVANCED 6,192 6,192
STUDIES.
009 0602141A LETHALITY TECHNOLOGY.............. 87,717 117,717
.................................. Collaborative networked armament [25,000]
lethality and fire control.
.................................. Turret gunner survivability and [5,000]
simulation.
010 0602142A ARMY APPLIED RESEARCH............. 27,833 27,833
011 0602143A SOLDIER LETHALITY TECHNOLOGY...... 103,839 138,539
.................................. Advanced textiles and shelters.... [6,000]
.................................. Footwear research................. [4,000]
.................................. Future Force Requirements [5,000]
Experimentation program.
.................................. Pathfinder........................ [10,000]
.................................. Program increase--digital night [9,700]
vision technology.
012 0602144A GROUND TECHNOLOGY................. 52,848 88,848
.................................. Cold and complex environments [9,000]
sensing research.
.................................. Earthen structures soil [2,000]
enhancement.
.................................. High performance polymer [10,000]
composites and coatings.
.................................. High temperature polymeric [5,000]
materials.
.................................. Polar proving ground and training [5,000]
program.
.................................. Unmanned mobility................. [5,000]
013 0602145A NEXT GENERATION COMBAT VEHICLE 174,090 180,090
TECHNOLOGY.
.................................. Structural thermoplastics......... [6,000]
014 0602146A NETWORK C3I TECHNOLOGY............ 64,115 107,615
.................................. AI for position, navigation, and [6,000]
timing.
.................................. Alternative position, navigation, [15,000]
and timing.
.................................. Portable Doppler radar............ [7,500]
.................................. Secure anti-tamper................ [15,000]
015 0602147A LONG RANGE PRECISION FIRES 43,029 79,779
TECHNOLOGY.
.................................. Carbon-carbon high-temperature [5,000]
composites.
.................................. Low cost missile technology [10,000]
development.
.................................. Precision long range integrated [6,750]
strike missile.
.................................. Program increase--aluminum lithium [15,000]
alloy solid rocket advancement.
016 0602148A FUTURE VERTICLE LIFT TECHNOLOGY... 69,348 76,848
.................................. High density eVTOL power source... [7,500]
017 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 27,016 59,016
.................................. CEMA missile defender............. [12,000]
.................................. Counter-UAS Center of Excellence.. [5,000]
.................................. High energy laser engagement [15,000]
technologies.
018 0602180A ARTIFICIAL INTELLIGENCE AND 16,454 16,454
MACHINE LEARNING TECHNOLOGIES.
019 0602181A ALL DOMAIN CONVERGENCE APPLIED 27,399 27,399
RESEARCH.
020 0602182A C3I APPLIED RESEARCH.............. 27,892 27,892
021 0602183A AIR PLATFORM APPLIED RESEARCH..... 41,588 41,588
022 0602184A SOLDIER APPLIED RESEARCH.......... 15,716 15,716
023 0602213A C3I APPLIED CYBER................. 13,605 13,605
024 0602386A BIOTECHNOLOGY FOR MATERIALS-- 21,919 96,919
APPLIED RESEARCH.
.................................. Tri-Service Biotechnology for a [75,000]
Resilient Supply Chain /
Biotechnology for Materials.
025 0602785A MANPOWER/PERSONNEL/TRAINING 19,649 19,649
TECHNOLOGY.
026 0602787A MEDICAL TECHNOLOGY................ 33,976 33,976
.................................. SUBTOTAL APPLIED RESEARCH......... 883,759 1,185,209
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
027 0603002A MEDICAL ADVANCED TECHNOLOGY....... 5,207 16,907
.................................. CPF--U.S. Army Battlefield [1,700]
Exercise and Combat Related
Traumatic Brain and Spinal Injury
Research.
.................................. Hearing protection for [5,000]
communications.
.................................. Research effects of head-supported [5,000]
mass on cervical spine health.
028 0603007A MANPOWER, PERSONNEL AND TRAINING 15,598 15,598
ADVANCED TECHNOLOGY.
029 0603025A ARMY AGILE INNOVATION AND 20,900 20,900
DEMONSTRATION.
030 0603040A ARTIFICIAL INTELLIGENCE AND 6,395 6,395
MACHINE LEARNING ADVANCED
TECHNOLOGIES.
031 0603041A ALL DOMAIN CONVERGENCE ADVANCED 45,463 45,463
TECHNOLOGY.
032 0603042A C3I ADVANCED TECHNOLOGY........... 12,716 12,716
033 0603043A AIR PLATFORM ADVANCED TECHNOLOGY.. 17,946 17,946
034 0603044A SOLDIER ADVANCED TECHNOLOGY....... 479 10,499
.................................. CPF--Advancing Military [2,890]
Exoskeleton Technology State-of-
The-Art Project.
.................................. CPF--Building 2, Doriot Climatic [3,630]
Chambers, Exterior Repair.
.................................. CPF--Small Unit Digital Twin for [3,500]
Robotic and Sensor Systems
Integration.
036 0603116A LETHALITY ADVANCED TECHNOLOGY..... 9,796 9,796
037 0603117A ARMY ADVANCED TECHNOLOGY 134,874 134,874
DEVELOPMENT.
038 0603118A SOLDIER LETHALITY ADVANCED 100,935 105,935
TECHNOLOGY.
.................................. Sensored head-borne suspension [5,000]
systems.
039 0603119A GROUND ADVANCED TECHNOLOGY........ 32,546 68,546
.................................. Additive manufacturing with [15,000]
indigenous materials.
.................................. Cold Regions Research and [10,000]
Engineering Laboratory.
.................................. Graphene-enabled technologies for [5,000]
ground combat operations.
.................................. Printed infrastructure and cold [6,000]
weather construction capabilities.
040 0603134A COUNTER IMPROVISED-THREAT 21,486 21,486
SIMULATION.
041 0603386A BIOTECHNOLOGY FOR MATERIALS-- 56,853 56,853
ADVANCED RESEARCH.
042 0603457A C3I CYBER ADVANCED DEVELOPMENT.... 41,354 41,354
043 0603461A HIGH PERFORMANCE COMPUTING 251,964 301,964
MODERNIZATION PROGRAM.
.................................. Program increase.................. [50,000]
044 0603462A NEXT GENERATION COMBAT VEHICLE 193,242 254,742
ADVANCED TECHNOLOGY.
.................................. Autonomous ground vehicle [5,000]
cybersecurity.
.................................. Combat vehicle hybrid-electric [5,500]
transmissions.
.................................. Digital enterprise technology..... [15,000]
.................................. Electrified vehicle infrared [5,000]
signature management.
.................................. HTPEM APU......................... [10,000]
.................................. Lithium 6T battery development.... [8,000]
.................................. Multi-Service Electro-Optical [3,000]
Signature code modernization.
.................................. Synthetic graphite research....... [10,000]
045 0603463A NETWORK C3I ADVANCED TECHNOLOGY... 125,565 135,565
.................................. PNT situational awareness tools [10,000]
and techniques.
046 0603464A LONG RANGE PRECISION FIRES 100,830 166,230
ADVANCED TECHNOLOGY.
.................................. Autoloader development............ [21,400]
.................................. Extended Range Artillery Munition [5,000]
Suite.
.................................. Hypersonic and strategic materials [20,000]
and structures.
.................................. Maneuvering submunitions.......... [9,000]
.................................. Missile Multi Agent eXtensible [10,000]
Engagement Services (MAXES).
047 0603465A FUTURE VERTICAL LIFT ADVANCED 177,836 179,836
TECHNOLOGY.
.................................. Program increase--Additive [2,000]
manufacturing.
048 0603466A AIR AND MISSILE DEFENSE ADVANCED 11,147 43,147
TECHNOLOGY.
.................................. Counter-Unmanned Aerial Systems [20,000]
Palatized-High Energy Laser.
.................................. Integration of distributed gain [12,000]
HEL laser weapon system.
049 0603920A HUMANITARIAN DEMINING............. 8,933 8,933
.................................. SUBTOTAL ADVANCED TECHNOLOGY 1,392,065 1,675,685
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
050 0603305A ARMY MISSLE DEFENSE SYSTEMS 12,001 34,001
INTEGRATION.
.................................. Mobile Solid State High Power [12,000]
Microwave.
.................................. Sensing, Modeling, Analysis, [10,000]
Requirements, and Testing.
051 0603308A ARMY SPACE SYSTEMS INTEGRATION.... 17,945 17,945
053 0603619A LANDMINE WARFARE AND BARRIER--ADV 64,001 64,001
DEV.
054 0603639A TANK AND MEDIUM CALIBER AMMUNITION 64,669 64,669
055 0603645A ARMORED SYSTEM MODERNIZATION--ADV 49,944 87,444
DEV.
.................................. AMPV--Hybrid electric vehicle..... [37,500]
056 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 4,060 4,060
057 0603766A TACTICAL ELECTRONIC SURVEILLANCE 72,314 72,314
SYSTEM--ADV DEV.
058 0603774A NIGHT VISION SYSTEMS ADVANCED 18,048 117,048
DEVELOPMENT.
.................................. IVAS--Army requested realignment [99,000]
from Procurement.
059 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY-- 31,249 38,749
DEM/VAL.
.................................. Underwater Demilitarization of [7,500]
Munitions.
060 0603790A NATO RESEARCH AND DEVELOPMENT..... 3,805 3,805
061 0603801A AVIATION--ADV DEV................. 1,162,344 1,180,484
.................................. Future Long Range Assault Aircraft [23,000]
(FLRAA).
.................................. Unjustified growth--FLRAA MTA [-4,860]
program management.
062 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 9,638 9,638
ADV DEV.
063 0603807A MEDICAL SYSTEMS--ADV DEV.......... 598 598
064 0603827A SOLDIER SYSTEMS--ADVANCED 25,971 25,971
DEVELOPMENT.
065 0604017A ROBOTICS DEVELOPMENT.............. 26,594 26,594
066 0604019A EXPANDED MISSION AREA MISSILE 220,820 220,820
(EMAM).
067 0604020A CROSS FUNCTIONAL TEAM (CFT) 106,000 106,000
ADVANCED DEVELOPMENT &
PROTOTYPING.
069 0604035A LOW EARTH ORBIT (LEO) SATELLITE 35,509 35,509
CAPABILITY.
070 0604036A MULTI-DOMAIN SENSING SYSTEM (MDSS) 49,932 49,932
ADV DEV.
071 0604037A TACTICAL INTEL TARGETING ACCESS 863 863
NODE (TITAN) ADV DEV.
072 0604100A ANALYSIS OF ALTERNATIVES.......... 10,659 10,659
073 0604101A SMALL UNMANNED AERIAL VEHICLE 1,425 1,425
(SUAV) (6.4).
074 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT 95,719 95,719
SYSTEM (FTUAS).
075 0604114A LOWER TIER AIR MISSILE DEFENSE 382,147 392,147
(LTAMD) SENSOR.
.................................. Program protection................ [10,000]
076 0604115A TECHNOLOGY MATURATION INITIATIVES. 269,756 269,756
077 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 225,147 225,147
(M-SHORAD).
078 0604119A ARMY ADVANCED COMPONENT 198,111 198,111
DEVELOPMENT & PROTOTYPING.
079 0604120A ASSURED POSITIONING, NAVIGATION 43,797 57,797
AND TIMING (PNT).
.................................. ALTNAV--Army UPL.................. [14,000]
080 0604121A SYNTHETIC TRAINING ENVIRONMENT 166,452 219,452
REFINEMENT & PROTOTYPING.
.................................. Program increase (STE live [17,000]
training systems).
.................................. SiVT--Army requested realignment [36,000]
from Procurement.
081 0604134A COUNTER IMPROVISED-THREAT 15,840 15,840
DEMONSTRATION, PROTOTYPE
DEVELOPMENT, AND TESTING.
082 0604135A STRATEGIC MID-RANGE FIRES......... 404,291 404,291
083 0604182A HYPERSONICS....................... 173,168 223,168
.................................. National Hypersonic Initiative-- [50,000]
Develop Leap-Ahead Concepts and
Capabilities.
084 0604403A FUTURE INTERCEPTOR................ 8,179 8,179
085 0604531A COUNTER--SMALL UNMANNED AIRCRAFT 35,110 35,110
SYSTEMS ADVANCED DEVELOPMENT.
086 0604541A UNIFIED NETWORK TRANSPORT......... 36,966 36,966
089 0305251A CYBERSPACE OPERATIONS FORCES AND 55,677 55,677
FORCE SUPPORT.
.................................. SUBTOTAL ADVANCED COMPONENT 4,098,749 4,409,889
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
090 0604201A AIRCRAFT AVIONICS................. 3,335 3,335
091 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 4,243 4,243
092 0604601A INFANTRY SUPPORT WEAPONS.......... 66,529 76,529
.................................. Commercial magazine reliability [5,000]
testing.
.................................. Program increase.................. [5,000]
093 0604604A MEDIUM TACTICAL VEHICLES.......... 22,163 22,163
094 0604611A JAVELIN........................... 7,870 7,870
095 0604622A FAMILY OF HEAVY TACTICAL VEHICLES. 50,924 50,924
096 0604633A AIR TRAFFIC CONTROL............... 2,623 2,623
097 0604641A TACTICAL UNMANNED GROUND VEHICLE 115,986 115,986
(TUGV).
098 0604642A LIGHT TACTICAL WHEELED VEHICLES... 10,049
.................................. Electric light recon vehicle--Army [10,049]
UPL.
099 0604645A ARMORED SYSTEMS MODERNIZATION 71,287 68,777
(ASM)--ENG DEV.
.................................. T&E excess to need................ [-2,510]
100 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 62,679 75,951
.................................. IVAS--Army UPL.................... [16,500]
.................................. Night vision device--next ahead of [-3,228]
need.
101 0604713A COMBAT FEEDING, CLOTHING, AND 1,566 1,566
EQUIPMENT.
102 0604715A NON-SYSTEM TRAINING DEVICES--ENG 18,600 18,600
DEV.
103 0604741A AIR DEFENSE COMMAND, CONTROL AND 39,541 35,541
INTELLIGENCE--ENG DEV.
.................................. Program decrease.................. [-4,000]
104 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 29,570 29,570
DEVELOPMENT.
105 0604746A AUTOMATIC TEST EQUIPMENT 5,178 5,178
DEVELOPMENT.
106 0604760A DISTRIBUTIVE INTERACTIVE 8,189 8,189
SIMULATIONS (DIS)--ENG DEV.
109 0604798A BRIGADE ANALYSIS, INTEGRATION AND 21,228 21,228
EVALUATION.
110 0604802A WEAPONS AND MUNITIONS--ENG DEV.... 263,778 259,178
.................................. Program decrease.................. [-4,600]
111 0604804A LOGISTICS AND ENGINEER EQUIPMENT-- 41,669 41,669
ENG DEV.
112 0604805A COMMAND, CONTROL, COMMUNICATIONS 40,038 40,038
SYSTEMS--ENG DEV.
113 0604807A MEDICAL MATERIEL/MEDICAL 5,513 5,513
BIOLOGICAL DEFENSE EQUIPMENT--ENG
DEV.
114 0604808A LANDMINE WARFARE/BARRIER--ENG DEV. 12,150 12,150
115 0604818A ARMY TACTICAL COMMAND & CONTROL 111,690 111,690
HARDWARE & SOFTWARE.
116 0604820A RADAR DEVELOPMENT................. 71,259 71,259
117 0604822A GENERAL FUND ENTERPRISE BUSINESS 10,402 10,402
SYSTEM (GFEBS).
119 0604827A SOLDIER SYSTEMS--WARRIOR DEM/VAL.. 11,425 11,425
120 0604852A SUITE OF SURVIVABILITY ENHANCEMENT 109,702 109,702
SYSTEMS--EMD.
121 0604854A ARTILLERY SYSTEMS--EMD............ 23,106 23,106
122 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 124,475 109,475
.................................. Army contract writing system...... [-15,000]
123 0605018A INTEGRATED PERSONNEL AND PAY 67,564 53,373
SYSTEM-ARMY (IPPS-A).
.................................. Unjustified growth................ [-14,191]
125 0605030A JOINT TACTICAL NETWORK CENTER 17,950 17,950
(JTNC).
126 0605031A JOINT TACTICAL NETWORK (JTN)...... 30,169 30,169
128 0605035A COMMON INFRARED COUNTERMEASURES 11,523 11,523
(CIRCM).
130 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 33,029 33,029
131 0605042A TACTICAL NETWORK RADIO SYSTEMS 4,497 4,497
(LOW-TIER).
132 0605047A CONTRACT WRITING SYSTEM........... 23,487 13,742
.................................. Unjustified growth................ [-9,745]
133 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 19,123 19,123
134 0605052A INDIRECT FIRE PROTECTION 131,093 131,093
CAPABILITY INC 2--BLOCK 1.
135 0605053A GROUND ROBOTICS................... 26,809 26,809
136 0605054A EMERGING TECHNOLOGY INITIATIVES... 185,311 190,311
.................................. Palletized high energy laser...... [5,000]
137 0605143A BIOMETRICS ENABLING CAPABILITY 11,091 11,091
(BEC).
138 0605144A NEXT GENERATION LOAD DEVICE-- 22,439 22,439
MEDIUM.
140 0605148A TACTICAL INTEL TARGETING ACCESS 58,087 108,987
NODE (TITAN) EMD.
.................................. TITAN realignment of funds........ [50,900]
141 0605203A ARMY SYSTEM DEVELOPMENT & 119,516 143,616
DEMONSTRATION.
.................................. CYBERCOM UPL--JCWA integration.... [24,100]
142 0605205A SMALL UNMANNED AERIAL VEHICLE 6,530 6,530
(SUAV) (6.5).
143 0605224A MULTI-DOMAIN INTELLIGENCE......... 19,911 19,911
145 0605231A PRECISION STRIKE MISSILE (PRSM)... 259,506 259,506
146 0605232A HYPERSONICS EMD................... 633,499 633,499
147 0605233A ACCESSIONS INFORMATION ENVIRONMENT 13,647 10,088
(AIE).
.................................. Carryover......................... [-3,559]
148 0605235A STRATEGIC MID-RANGE CAPABILITY.... 5,016 5,016
149 0605236A INTEGRATED TACTICAL COMMUNICATIONS 12,447 12,447
150 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 2,366 2,366
151 0605457A ARMY INTEGRATED AIR AND MISSILE 265,288 259,288
DEFENSE (AIAMD).
.................................. Kill chain automation............. [2,000]
.................................. Program decrease.................. [-8,000]
152 0605531A COUNTER--SMALL UNMANNED AIRCRAFT 14,892 14,892
SYSTEMS SYS DEV & DEMONSTRATION.
153 0605625A MANNED GROUND VEHICLE............. 589,762 577,807
.................................. Excess to need.................... [-11,955]
154 0605766A NATIONAL CAPABILITIES INTEGRATION 17,030 17,030
(MIP).
155 0605812A JOINT LIGHT TACTICAL VEHICLE 9,376 9,376
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
156 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 2,959 2,959
157 0303032A TROJAN--RH12...................... 3,761 3,761
160 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 56,938 99,838
.................................. Realignment of funds.............. [38,000]
.................................. Service Tactical SIGINT Upgrades-- [4,900]
INDOPACOM UPL.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 4,031,334 4,115,995
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
161 0604256A THREAT SIMULATOR DEVELOPMENT...... 18,437 18,437
162 0604258A TARGET SYSTEMS DEVELOPMENT........ 19,132 29,132
.................................. Small UAS engine development...... [10,000]
163 0604759A MAJOR T&E INVESTMENT.............. 107,706 107,706
164 0605103A RAND ARROYO CENTER................ 35,542 35,542
165 0605301A ARMY KWAJALEIN ATOLL.............. 309,005 309,005
166 0605326A CONCEPTS EXPERIMENTATION PROGRAM.. 87,122 87,122
168 0605601A ARMY TEST RANGES AND FACILITIES... 401,643 401,643
169 0605602A ARMY TECHNICAL TEST 37,962 57,962
INSTRUMENTATION AND TARGETS.
.................................. Rapid Assurance Modernization [20,000]
Program-Test (RAMP-T).
170 0605604A SURVIVABILITY/LETHALITY ANALYSIS.. 36,500 36,500
171 0605606A AIRCRAFT CERTIFICATION............ 2,777 2,777
172 0605702A METEOROLOGICAL SUPPORT TO RDT&E 6,958 6,958
ACTIVITIES.
173 0605706A MATERIEL SYSTEMS ANALYSIS......... 22,037 22,037
174 0605709A EXPLOITATION OF FOREIGN ITEMS..... 6,186 6,186
175 0605712A SUPPORT OF OPERATIONAL TESTING.... 70,718 70,718
176 0605716A ARMY EVALUATION CENTER............ 67,058 67,058
177 0605718A ARMY MODELING & SIM X-CMD 6,097 6,097
COLLABORATION & INTEG.
178 0605801A PROGRAMWIDE ACTIVITIES............ 89,793 89,793
179 0605803A TECHNICAL INFORMATION ACTIVITIES.. 28,752 28,752
180 0605805A MUNITIONS STANDARDIZATION, 48,316 53,316
EFFECTIVENESS AND SAFETY.
.................................. Agile Manufacturing for Advanced [5,000]
Armament Systems.
181 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 1,912 1,912
MGMT SUPPORT.
182 0605898A ARMY DIRECT REPORT HEADQUARTERS-- 53,271 53,271
R&D - MHA.
183 0606002A RONALD REAGAN BALLISTIC MISSILE 90,088 90,088
DEFENSE TEST SITE.
184 0606003A COUNTERINTEL AND HUMAN INTEL 1,424 1,424
MODERNIZATION.
186 0606942A ASSESSMENTS AND EVALUATIONS CYBER 5,816 5,816
VULNERABILITIES.
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,554,252 1,589,252
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
188 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM.. 18,463 18,463
189 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.... 9,284 9,284
190 0607131A WEAPONS AND MUNITIONS PRODUCT 11,674 16,674
IMPROVEMENT PROGRAMS.
.................................. Materials improvements............ [5,000]
193 0607137A CHINOOK PRODUCT IMPROVEMENT 52,513 67,513
PROGRAM.
.................................. Chinook 714C engine upgrade....... [15,000]
194 0607139A IMPROVED TURBINE ENGINE PROGRAM... 228,036 228,036
195 0607142A AVIATION ROCKET SYSTEM PRODUCT 11,312 11,312
IMPROVEMENT AND DEVELOPMENT.
196 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 512 512
PRODUCTS.
197 0607145A APACHE FUTURE DEVELOPMENT......... 10,074 20,074
.................................. Program increase.................. [10,000]
198 0607148A AN/TPQ-53 COUNTERFIRE TARGET 62,559 62,559
ACQUISITION RADAR SYSTEM.
199 0607150A INTEL CYBER DEVELOPMENT........... 13,343 13,343
200 0607312A ARMY OPERATIONAL SYSTEMS 26,131 26,131
DEVELOPMENT.
201 0607313A ELECTRONIC WARFARE DEVELOPMENT.... 6,432 6,432
202 0607665A FAMILY OF BIOMETRICS.............. 1,114 1,114
203 0607865A PATRIOT PRODUCT IMPROVEMENT....... 152,312 152,312
204 0203728A JOINT AUTOMATED DEEP OPERATION 19,329 19,329
COORDINATION SYSTEM (JADOCS).
205 0203735A COMBAT VEHICLE IMPROVEMENT 192,310 294,510
PROGRAMS.
.................................. Abrams modernization.............. [97,200]
.................................. Auxiliary power unit development.. [5,000]
206 0203743A 155MM SELF-PROPELLED HOWITZER 136,680 134,680
IMPROVEMENTS.
.................................. Maintain program management level [-2,000]
of effort.
208 0203752A AIRCRAFT ENGINE COMPONENT 148 148
IMPROVEMENT PROGRAM.
209 0203758A DIGITIZATION...................... 2,100 0
.................................. Carryover......................... [-2,100]
210 0203801A MISSILE/AIR DEFENSE PRODUCT 3,109 3,109
IMPROVEMENT PROGRAM.
211 0203802A OTHER MISSILE PRODUCT IMPROVEMENT 9,027 9,027
PROGRAMS.
212 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY-- 793 793
OPERATIONAL SYSTEM DEV.
213 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 20,180 20,180
SYSTEM (GMLRS).
214 0208053A JOINT TACTICAL GROUND SYSTEM...... 8,813 8,813
217 0303140A INFORMATION SYSTEMS SECURITY 17,209 17,209
PROGRAM.
218 0303141A GLOBAL COMBAT SUPPORT SYSTEM...... 27,100 27,100
219 0303142A SATCOM GROUND ENVIRONMENT (SPACE). 18,321 18,321
222 0305179A INTEGRATED BROADCAST SERVICE (IBS) 9,926 9,926
223 0305204A TACTICAL UNMANNED AERIAL VEHICLES. 4,500 4,500
224 0305206A AIRBORNE RECONNAISSANCE SYSTEMS... 17,165 17,165
227 0708045A END ITEM INDUSTRIAL PREPAREDNESS 91,270 91,270
ACTIVITIES.
9999 9999999999 CLASSIFIED PROGRAMS............... 6,664 6,664
.................................. SUBTOTAL OPERATIONAL SYSTEMS 1,188,403 1,316,503
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
228 0608041A DEFENSIVE CYBER--SOFTWARE 94,888 94,888
PROTOTYPE DEVELOPMENT.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 94,888 94,888
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED..................... 395,627
.................................. Inflation effects................. [395,627]
.................................. SUBTOTAL UNDISTRIBUTED............ 395,627
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 13,710,273 15,344,737
& EVAL, ARMY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
.................................. BASIC RESEARCH
001 0601103N UNIVERSITY RESEARCH INITIATIVES... 90,076 204,700
.................................. All-digital arrays for long- [9,800]
distance applications.
.................................. Program increase.................. [99,824]
.................................. Program increase--artificial [5,000]
intelligence maritime maneuvering.
003 0601153N DEFENSE RESEARCH SCIENCES......... 499,116 529,116
.................................. Basic research increase........... [30,000]
.................................. SUBTOTAL BASIC RESEARCH........... 589,192 733,816
..................................
.................................. APPLIED RESEARCH
004 0602114N POWER PROJECTION APPLIED RESEARCH. 22,953 22,953
005 0602123N FORCE PROTECTION APPLIED RESEARCH. 133,426 192,926
.................................. Cavitation erosion prevention..... [5,000]
.................................. CPF--Resilient Autonomous Systems [4,000]
Research and Workforce Diversity.
.................................. CPF--Talent and Technology for [3,000]
Navy Power and Energy Systems.
.................................. Direct air capture and carbon [10,000]
removal technology program.
.................................. Energy resilience research [3,000]
collaboration.
.................................. Intelligent Data Management for [10,500]
Distributed Naval Platforms.
.................................. Relative positioning of autonomous [5,000]
platforms.
.................................. Resilient Autonomous Systems [8,500]
Research & Workforce Diversity.
.................................. Workforce and technology for Navy [10,500]
power and energy systems.
006 0602131M MARINE CORPS LANDING FORCE 53,467 63,967
TECHNOLOGY.
.................................. CPF--Unmanned Logistics Solutions [3,000]
for the U.S. Marine Corps.
.................................. Unmanned logistics solutions...... [7,500]
007 0602235N COMMON PICTURE APPLIED RESEARCH... 51,911 51,911
008 0602236N WARFIGHTER SUSTAINMENT APPLIED 70,957 80,957
RESEARCH.
.................................. Anti-corrosion coatings........... [10,000]
009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 92,444 107,444
RESEARCH.
.................................. Chip Scale Open Architecture...... [15,000]
010 0602435N OCEAN WARFIGHTING ENVIRONMENT 74,622 84,622
APPLIED RESEARCH.
.................................. Undersea distributed sensing [10,000]
systems.
011 0602651M JOINT NON-LETHAL WEAPONS APPLIED 6,700 6,700
RESEARCH.
012 0602747N UNDERSEA WARFARE APPLIED RESEARCH. 58,111 87,111
.................................. CPF--Persistent Maritime [4,000]
Surveillance.
.................................. Dual-modality research vessels.... [2,000]
.................................. Undersea vehicle technology [20,000]
partnerships.
.................................. UUV research...................... [3,000]
013 0602750N FUTURE NAVAL CAPABILITIES APPLIED 173,641 177,141
RESEARCH.
.................................. Program increase.................. [3,500]
014 0602782N MINE AND EXPEDITIONARY WARFARE 31,649 31,649
APPLIED RESEARCH.
015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 120,637 146,237
APPLIED RESEARCH.
.................................. Navy UFR--Alternative CONOPS [25,600]
Goalkeeper.
016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 81,296 81,296
ONR FIELD ACITIVITIES.
.................................. SUBTOTAL APPLIED RESEARCH......... 971,814 1,134,914
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603123N FORCE PROTECTION ADVANCED 16,933 16,933
TECHNOLOGY.
018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 8,253 8,253
TECHNOLOGY.
019 0603640M USMC ADVANCED TECHNOLOGY 280,285 316,685
DEMONSTRATION (ATD).
.................................. Low-cost attritable aircraft [25,000]
technology.
.................................. Program increase.................. [4,600]
.................................. Program increase--K-MAX next [6,800]
generation autonomous logistics
UAS.
020 0603651M JOINT NON-LETHAL WEAPONS 14,048 14,048
TECHNOLOGY DEVELOPMENT.
021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 251,267 251,267
TECHNOLOGY DEVELOPMENT.
022 0603680N MANUFACTURING TECHNOLOGY PROGRAM.. 60,704 60,704
023 0603729N WARFIGHTER PROTECTION ADVANCED 4,999 4,999
TECHNOLOGY.
024 0603758N NAVY WARFIGHTING EXPERIMENTS AND 83,137 83,137
DEMONSTRATIONS.
025 0603782N MINE AND EXPEDITIONARY WARFARE 2,007 2,007
ADVANCED TECHNOLOGY.
026 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) 144,122 210,422
ADVANCED TECHNOLOGY DEVELOPMENT.
.................................. Navy UFR--Alternative CONOPS [61,300]
Goalkeeper.
.................................. Scalable laser weapon system...... [5,000]
.................................. SUBTOTAL ADVANCED TECHNOLOGY 865,755 968,455
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
027 0603128N UNMANNED AERIAL SYSTEM............ 96,883 96,883
028 0603178N LARGE UNMANNED SURFACE VEHICLES 146,840 146,840
(LUSV).
029 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 39,737 39,737
030 0603216N AVIATION SURVIVABILITY............ 17,434 17,434
031 0603239N NAVAL CONSTRUCTION FORCES......... 1,706 1,706
033 0603254N ASW SYSTEMS DEVELOPMENT........... 15,986 15,986
034 0603261N TACTICAL AIRBORNE RECONNAISSANCE.. 3,562 3,562
035 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 18,628 65,828
.................................. Data dissemination and [6,500]
interoperability.
.................................. Navy UFR--Alternative CONOPS [40,700]
Goalkeeper.
036 0603502N SURFACE AND SHALLOW WATER MINE 87,825 87,825
COUNTERMEASURES.
037 0603506N SURFACE SHIP TORPEDO DEFENSE...... 473 473
038 0603512N CARRIER SYSTEMS DEVELOPMENT....... 11,567 11,567
039 0603525N PILOT FISH........................ 672,461 672,461
040 0603527N RETRACT LARCH..................... 7,483 7,483
041 0603536N RETRACT JUNIPER................... 239,336 239,336
042 0603542N RADIOLOGICAL CONTROL.............. 772 772
043 0603553N SURFACE ASW....................... 1,180 1,180
044 0603561N ADVANCED SUBMARINE SYSTEM 105,703 110,703
DEVELOPMENT.
.................................. Program increase.................. [5,000]
045 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 10,917 10,917
046 0603563N SHIP CONCEPT ADVANCED DESIGN...... 82,205 90,205
.................................. Additive Manufacturing in Ship [4,000]
Advanced Concept Design.
.................................. Advance LAW development........... [4,000]
047 0603564N SHIP PRELIMINARY DESIGN & 75,327 75,327
FEASIBILITY STUDIES.
048 0603570N ADVANCED NUCLEAR POWER SYSTEMS.... 227,400 227,400
049 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 176,600 197,200
.................................. Lithium Iron Phosphate Batteries [9,000]
Integration.
.................................. Silicon carbide power modules..... [11,600]
050 0603576N CHALK EAGLE....................... 91,584 91,584
051 0603581N LITTORAL COMBAT SHIP (LCS)........ 96,444 96,444
052 0603582N COMBAT SYSTEM INTEGRATION......... 18,236 18,236
053 0603595N OHIO REPLACEMENT.................. 335,981 350,981
.................................. Rapid realization of composites [15,000]
for wet submarine application.
054 0603596N LCS MISSION MODULES............... 41,533 48,533
.................................. Mine Countermeasures Mission [7,000]
Package Capacity and Wholeness--
Navy UPL.
055 0603597N AUTOMATED TEST AND RE-TEST (ATRT). 9,773 9,773
056 0603599N FRIGATE DEVELOPMENT............... 118,626 115,626
.................................. Prior year underexecution......... [-3,000]
057 0603609N CONVENTIONAL MUNITIONS............ 9,286 9,286
058 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 111,431 111,431
SYSTEM.
059 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 36,496 36,496
DEVELOPMENT.
060 0603713N OCEAN ENGINEERING TECHNOLOGY 6,193 6,193
DEVELOPMENT.
061 0603721N ENVIRONMENTAL PROTECTION.......... 21,647 21,647
062 0603724N NAVY ENERGY PROGRAM............... 60,320 70,320
.................................. Marine energy systems............. [10,000]
063 0603725N FACILITIES IMPROVEMENT............ 5,664 5,664
064 0603734N CHALK CORAL....................... 833,634 833,634
065 0603739N NAVY LOGISTIC PRODUCTIVITY........ 899 899
066 0603746N RETRACT MAPLE..................... 363,973 363,973
067 0603748N LINK PLUMERIA..................... 1,038,661 1,038,661
068 0603751N RETRACT ELM....................... 83,445 83,445
069 0603764M LINK EVERGREEN.................... 313,761 313,761
070 0603790N NATO RESEARCH AND DEVELOPMENT..... 8,041 8,041
071 0603795N LAND ATTACK TECHNOLOGY............ 358 358
072 0603851M JOINT NON-LETHAL WEAPONS TESTING.. 30,533 30,533
073 0603860N JOINT PRECISION APPROACH AND 18,628 18,628
LANDING SYSTEMS--DEM/VAL.
074 0603925N DIRECTED ENERGY AND ELECTRIC 65,080 65,080
WEAPON SYSTEMS.
075 0604014N F/A -18 INFRARED SEARCH AND TRACK 40,069 40,069
(IRST).
076 0604027N DIGITAL WARFARE OFFICE............ 165,753 165,753
077 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 106,347 106,347
VEHICLES.
078 0604029N UNMANNED UNDERSEA VEHICLE CORE 60,697 60,697
TECHNOLOGIES.
079 0604030N RAPID PROTOTYPING, EXPERIMENTATION 57,000 57,000
AND DEMONSTRATION..
081 0604112N GERALD R. FORD CLASS NUCLEAR 116,498 116,498
AIRCRAFT CARRIER (CVN 78--80).
082 0604126N LITTORAL AIRBORNE MCM............. 47,389 47,389
083 0604127N SURFACE MINE COUNTERMEASURES...... 12,959 12,959
084 0604272N TACTICAL AIR DIRECTIONAL INFRARED 15,028 39,028
COUNTERMEASURES (TADIRCM).
.................................. Program increase--distributed [24,000]
aperture infrared countermeasure
system.
085 0604289M NEXT GENERATION LOGISTICS......... 2,342 2,342
086 0604292N FUTURE VERTICAL LIFT (MARITIME 5,103 5,103
STRIKE).
087 0604320M RAPID TECHNOLOGY CAPABILITY 62,927 62,927
PROTOTYPE.
088 0604454N LX (R)............................ 26,630 24,116
.................................. Historical underexecution......... [-2,514]
089 0604536N ADVANCED UNDERSEA PROTOTYPING..... 116,880 116,880
090 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 7,438 7,438
(C-UAS).
091 0604659N PRECISION STRIKE WEAPONS 84,734 109,734
DEVELOPMENT PROGRAM.
.................................. Research and development for a [25,000]
nuclear-capable sea-launched
cruise missile.
092 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 10,229 10,229
ARCHITECTURE/ENGINEERING SUPPORT.
093 0604786N OFFENSIVE ANTI-SURFACE WARFARE 124,204 237,785
WEAPON DEVELOPMENT.
.................................. Navy requested transfer from WPN [46,481]
line 8.
.................................. Navy UFR--Hypersonic OASuW Inc 2.. [67,100]
094 0605512N MEDIUM UNMANNED SURFACE VEHICLES 104,000 104,000
(MUSVS)).
095 0605513N UNMANNED SURFACE VEHICLE ENABLING 181,620 181,620
CAPABILITIES.
096 0605514M GROUND BASED ANTI-SHIP MISSILE.... 43,090 93,090
.................................. Defense Industrial Base (DIB) [50,000]
Expansion for Harpoon Missiles.
097 0605516M LONG RANGE FIRES.................. 36,693 36,693
098 0605518N CONVENTIONAL PROMPT STRIKE (CPS).. 1,205,041 1,225,041
.................................. Full-Scale Rapid CPS Flight Tests. [20,000]
099 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 9,856 9,856
100 0304240M ADVANCED TACTICAL UNMANNED 1,735 1,735
AIRCRAFT SYSTEM.
101 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 796 796
MIP.
.................................. SUBTOTAL ADVANCED COMPONENT 8,405,310 8,745,177
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
102 0603208N TRAINING SYSTEM AIRCRAFT.......... 15,128 15,128
103 0604038N MARITIME TARGETING CELL........... 39,600 89,600
.................................. Family of Integrated Targeting [50,000]
Cells (FITC).
104 0604212N OTHER HELO DEVELOPMENT............ 66,010 66,010
105 0604214M AV-8B AIRCRAFT--ENG DEV........... 9,205 9,205
106 0604215N STANDARDS DEVELOPMENT............. 3,766 3,766
107 0604216N MULTI-MISSION HELICOPTER UPGRADE 44,684 44,684
DEVELOPMENT.
108 0604221N P-3 MODERNIZATION PROGRAM......... 343 343
109 0604230N WARFARE SUPPORT SYSTEM............ 12,337 12,337
110 0604231N COMMAND AND CONTROL SYSTEMS....... 143,575 143,575
111 0604234N ADVANCED HAWKEYE.................. 502,956 482,956
.................................. Program decrease.................. [-20,000]
112 0604245M H-1 UPGRADES...................... 43,759 43,759
113 0604261N ACOUSTIC SEARCH SENSORS........... 50,231 50,231
114 0604262N V-22A............................. 125,233 125,233
115 0604264N AIR CREW SYSTEMS DEVELOPMENT...... 43,282 43,282
116 0604269N EA-18............................. 116,589 116,589
117 0604270N ELECTRONIC WARFARE DEVELOPMENT.... 141,138 141,138
118 0604273M EXECUTIVE HELO DEVELOPMENT........ 45,645 45,645
119 0604274N NEXT GENERATION JAMMER (NGJ)...... 54,679 54,679
120 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 329,787 326,587
(JTRS-NAVY).
.................................. Program decrease.................. [-3,200]
121 0604282N NEXT GENERATION JAMMER (NGJ) 301,737 151,737
INCREMENT II.
.................................. Program delay..................... [-150,000]
122 0604307N SURFACE COMBATANT COMBAT SYSTEM 347,233 336,705
ENGINEERING.
.................................. Historical underexecution......... [-10,528]
124 0604329N SMALL DIAMETER BOMB (SDB)......... 42,881 42,881
125 0604366N STANDARD MISSILE IMPROVEMENTS..... 319,943 319,943
126 0604373N AIRBORNE MCM...................... 10,882 10,882
127 0604378N NAVAL INTEGRATED FIRE CONTROL-- 45,892 45,892
COUNTER AIR SYSTEMS ENGINEERING.
128 0604419N ADVANCED SENSORS APPLICATION 13,000
PROGRAM (ASAP).
.................................. Program increase.................. [13,000]
129 0604501N ADVANCED ABOVE WATER SENSORS...... 81,254 72,917
.................................. Historical underexecution......... [-8,337]
130 0604503N SSN-688 AND TRIDENT MODERNIZATION. 93,501 93,501
131 0604504N AIR CONTROL....................... 39,138 39,138
132 0604512N SHIPBOARD AVIATION SYSTEMS........ 11,759 11,759
133 0604518N COMBAT INFORMATION CENTER 11,160 11,160
CONVERSION.
134 0604522N AIR AND MISSILE DEFENSE RADAR 87,459 87,459
(AMDR) SYSTEM.
135 0604530N ADVANCED ARRESTING GEAR (AAG)..... 151 151
136 0604558N NEW DESIGN SSN.................... 307,585 496,485
.................................. Advanced undersea capability [188,900]
development.
137 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 58,741 58,741
138 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 60,791 60,791
T&E.
139 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 4,177 4,177
140 0604601N MINE DEVELOPMENT.................. 60,793 117,893
.................................. INDOPACOM UFR--Hammerhead......... [47,500]
.................................. INDOPACOM/Navy UFR--Sea Urchin [10,000]
powered quickstrike mines.
141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 142,000 140,111
.................................. Project 2234 historical [-1,889]
underexecution.
142 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 8,618 8,618
DEVELOPMENT.
143 0604657M USMC GROUND COMBAT/SUPPORTING ARMS 45,025 45,025
SYSTEMS--ENG DEV.
144 0604703N PERSONNEL, TRAINING, SIMULATION, 7,454 7,454
AND HUMAN FACTORS.
145 0604727N JOINT STANDOFF WEAPON SYSTEMS..... 758 758
146 0604755N SHIP SELF DEFENSE (DETECT & 159,426 159,426
CONTROL).
147 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 71,818 71,818
KILL).
148 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 92,687 92,687
KILL/EW).
149 0604761N INTELLIGENCE ENGINEERING.......... 23,742 23,742
150 0604771N MEDICAL DEVELOPMENT............... 3,178 3,178
151 0604777N NAVIGATION/ID SYSTEM.............. 53,209 53,209
152 0604800M JOINT STRIKE FIGHTER (JSF)--EMD... 611 611
153 0604800N JOINT STRIKE FIGHTER (JSF)--EMD... 234 234
154 0604850N SSN(X)............................ 143,949 143,949
155 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 11,361 11,361
156 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 290,353 298,103
.................................. Cyber supply chain risk management [5,000]
.................................. High performance data analytics... [2,750]
157 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.... 7,271 7,271
158 0605180N TACAMO MODERNIZATION.............. 554,193 554,193
159 0605212M CH-53K RDTE....................... 220,240 224,240
.................................. CPF--High-Energy Density and High- [4,000]
Power Density Li-Ion Battery
Magazines (HEBM) in Defense
Applications.
160 0605215N MISSION PLANNING.................. 71,107 71,107
161 0605217N COMMON AVIONICS................... 77,960 77,960
162 0605220N SHIP TO SHORE CONNECTOR (SSC)..... 2,886 10,106
.................................. Program increase.................. [7,220]
163 0605327N T-AO 205 CLASS.................... 220 220
164 0605414N UNMANNED CARRIER AVIATION (UCA)... 265,646 265,646
165 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 371 371
166 0605500N MULTI-MISSION MARITIME AIRCRAFT 37,939 37,939
(MMA).
167 0605504N MULTI-MISSION MARITIME (MMA) 161,697 161,697
INCREMENT III.
168 0605611M MARINE CORPS ASSAULT VEHICLES 94,569 94,569
SYSTEM DEVELOPMENT &
DEMONSTRATION.
169 0605813M JOINT LIGHT TACTICAL VEHICLE 2,856 2,856
(JLTV) SYSTEM DEVELOPMENT &
DEMONSTRATION.
170 0204202N DDG-1000.......................... 197,436 184,674
.................................. Prior year underexecution......... [-12,762]
171 0301377N COUNTERING ADVANCED CONVENTIONAL 12,341 22,341
WEAPONS (CACW).
.................................. Threat Mosaic Warfare............. [10,000]
175 0304785N ISR & INFO OPERATIONS............. 135,366 135,366
176 0306250M CYBER OPERATIONS TECHNOLOGY 37,038 37,038
DEVELOPMENT.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,606,583 6,738,237
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
177 0604256N THREAT SIMULATOR DEVELOPMENT...... 29,430 29,430
178 0604258N TARGET SYSTEMS DEVELOPMENT........ 13,708 13,708
179 0604759N MAJOR T&E INVESTMENT.............. 95,316 95,316
180 0605152N STUDIES AND ANALYSIS SUPPORT--NAVY 3,286 3,286
181 0605154N CENTER FOR NAVAL ANALYSES......... 40,624 40,624
183 0605804N TECHNICAL INFORMATION SERVICES.... 987 987
184 0605853N MANAGEMENT, TECHNICAL & 105,152 105,152
INTERNATIONAL SUPPORT.
185 0605856N STRATEGIC TECHNICAL SUPPORT....... 3,787 3,787
186 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT... 173,352 173,352
187 0605864N TEST AND EVALUATION SUPPORT....... 468,281 468,281
188 0605865N OPERATIONAL TEST AND EVALUATION 27,808 27,808
CAPABILITY.
189 0605866N NAVY SPACE AND ELECTRONIC WARFARE 27,175 27,175
(SEW) SUPPORT.
190 0605867N SEW SURVEILLANCE/RECONNAISSANCE 7,186 7,186
SUPPORT.
191 0605873M MARINE CORPS PROGRAM WIDE SUPPORT. 39,744 39,744
192 0605898N MANAGEMENT HQ--R&D................ 40,648 40,648
193 0606355N WARFARE INNOVATION MANAGEMENT..... 52,060 52,060
194 0305327N INSIDER THREAT.................... 2,315 2,315
195 0902498N MANAGEMENT HEADQUARTERS 1,811 1,811
(DEPARTMENTAL SUPPORT ACTIVITIES).
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,132,670 1,132,670
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
198 0603273N SCIENCE & TECHNOLOGY FOR NUCLEAR 65,735 65,735
RE-ENTRY SYSTEMS.
201 0604840M F-35 C2D2......................... 525,338 525,338
202 0604840N F-35 C2D2......................... 491,513 491,513
203 0605520M MARINE CORPS AIR DEFENSE WEAPONS 48,663 48,663
SYSTEMS.
204 0607658N COOPERATIVE ENGAGEMENT CAPABILITY 156,121 156,121
(CEC).
205 0101221N STRATEGIC SUB & WEAPONS SYSTEM 284,502 304,502
SUPPORT.
.................................. D5LE2 Risk Reduction.............. [20,000]
206 0101224N SSBN SECURITY TECHNOLOGY PROGRAM.. 50,939 50,939
207 0101226N SUBMARINE ACOUSTIC WARFARE 81,237 86,237
DEVELOPMENT.
.................................. Program increase.................. [5,000]
208 0101402N NAVY STRATEGIC COMMUNICATIONS..... 49,424 49,424
209 0204136N F/A-18 SQUADRONS.................. 238,974 235,860
.................................. Historical underexecution......... [-7,114]
.................................. Jet noise reduction............... [4,000]
210 0204228N SURFACE SUPPORT................... 12,197 12,197
211 0204229N TOMAHAWK AND TOMAHAWK MISSION 132,719 132,719
PLANNING CENTER (TMPC).
212 0204311N INTEGRATED SURVEILLANCE SYSTEM.... 68,417 82,917
.................................. Deployable Surveillance System, [14,500]
Deep Water Active.
213 0204313N SHIP-TOWED ARRAY SURVEILLANCE 1,188 1,188
SYSTEMS.
214 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS 1,789 1,789
(DISPLACEMENT CRAFT).
215 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ 61,422 61,422
ATOR).
216 0204571N CONSOLIDATED TRAINING SYSTEMS 70,339 70,339
DEVELOPMENT.
217 0204575N ELECTRONIC WARFARE (EW) READINESS 47,436 47,436
SUPPORT.
218 0205601N ANTI-RADIATION MISSILE IMPROVEMENT 90,779 90,779
219 0205620N SURFACE ASW COMBAT SYSTEM 28,999 28,999
INTEGRATION.
220 0205632N MK-48 ADCAP....................... 155,868 155,868
221 0205633N AVIATION IMPROVEMENTS............. 130,450 130,450
222 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS. 121,439 121,439
223 0206313M MARINE CORPS COMMUNICATIONS 114,305 114,305
SYSTEMS.
224 0206335M COMMON AVIATION COMMAND AND 14,865 14,865
CONTROL SYSTEM (CAC2S).
225 0206623M MARINE CORPS GROUND COMBAT/ 100,536 100,536
SUPPORTING ARMS SYSTEMS.
226 0206624M MARINE CORPS COMBAT SERVICES 26,522 26,522
SUPPORT.
227 0206625M USMC INTELLIGENCE/ELECTRONIC 51,976 51,976
WARFARE SYSTEMS (MIP).
228 0206629M AMPHIBIOUS ASSAULT VEHICLE........ 8,246 8,246
229 0207161N TACTICAL AIM MISSILES............. 29,236 29,236
230 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR 30,898 30,898
MISSILE (AMRAAM).
231 0208043N PLANNING AND DECISION AID SYSTEM 3,609 3,609
(PDAS).
236 0303138N AFLOAT NETWORKS................... 45,693 45,693
237 0303140N INFORMATION SYSTEMS SECURITY 33,752 33,752
PROGRAM.
238 0305192N MILITARY INTELLIGENCE PROGRAM 8,415 8,415
(MIP) ACTIVITIES.
239 0305204N TACTICAL UNMANNED AERIAL VEHICLES. 10,576 10,576
240 0305205N UAS INTEGRATION AND 18,373 18,373
INTEROPERABILITY.
241 0305208M DISTRIBUTED COMMON GROUND/SURFACE 45,705 45,705
SYSTEMS.
242 0305220N MQ-4C TRITON...................... 13,893 13,893
243 0305231N MQ-8 UAV.......................... 13,100
.................................. Costs associated with restoring 5 [13,100]
LCS.
244 0305232M RQ-11 UAV......................... 1,234 1,234
245 0305234N SMALL (LEVEL 0) TACTICAL UAS 3,761 3,761
(STUASL0).
247 0305241N MULTI-INTELLIGENCE SENSOR 56,261 56,261
DEVELOPMENT.
248 0305242M UNMANNED AERIAL SYSTEMS (UAS) 9,780 9,780
PAYLOADS (MIP).
249 0305251N CYBERSPACE OPERATIONS FORCES AND 36,505 36,505
FORCE SUPPORT.
250 0305421N RQ-4 MODERNIZATION................ 163,277 163,277
251 0307577N INTELLIGENCE MISSION DATA (IMD)... 851 851
252 0308601N MODELING AND SIMULATION SUPPORT... 9,437 9,437
253 0702207N DEPOT MAINTENANCE (NON-IF)........ 26,248 26,248
254 0708730N MARITIME TECHNOLOGY (MARITECH).... 2,133 2,133
9999 9999999999 CLASSIFIED PROGRAMS............... 1,701,811 1,701,811
.................................. SUBTOTAL OPERATIONAL SYSTEMS 5,483,386 5,532,872
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
256 0608013N RISK MANAGEMENT INFORMATION-- 12,810 12,810
SOFTWARE PILOT PROGRAM.
257 0608231N MARITIME TACTICAL COMMAND AND 11,198 11,198
CONTROL (MTC2)--SOFTWARE PILOT
PROGRAM.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 24,008 24,008
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED..................... 409,201
.................................. Inflation effects................. [409,201]
.................................. SUBTOTAL UNDISTRIBUTED............ 409,201
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 24,078,718 25,419,350
& EVAL, NAVY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.................................. BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES......... 375,325 450,397
.................................. Program increase.................. [75,072]
002 0601103F UNIVERSITY RESEARCH INITIATIVES... 171,192 177,542
.................................. CPF--Aeromedical Research Center.. [2,350]
.................................. CPF--GHz-THz Antenna Systems for [4,000]
Massive Data Transmissions in
Real-Time.
.................................. SUBTOTAL BASIC RESEARCH........... 546,517 627,939
..................................
.................................. APPLIED RESEARCH
004 0602020F FUTURE AF CAPABILITIES APPLIED 88,672 84,282
RESEARCH.
.................................. Transformational capability [-4,390]
incubator unjustified growth.
005 0602102F MATERIALS......................... 134,795 149,795
.................................. High energy synchotron X-ray [5,000]
research.
.................................. Thermal protection for hypersonic [10,000]
vehicles.
006 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 159,453 169,453
.................................. Aeromechanics and integration..... [10,000]
007 0602202F HUMAN EFFECTIVENESS APPLIED 135,771 150,771
RESEARCH.
.................................. Digital engineering and prototype [10,000]
capability.
.................................. Program increase.................. [5,000]
008 0602203F AEROSPACE PROPULSION.............. 172,861 172,861
009 0602204F AEROSPACE SENSORS................. 192,733 197,733
.................................. Program increase.................. [5,000]
011 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT-- 8,856 8,856
MAJOR HEADQUARTERS ACTIVITIES.
012 0602602F CONVENTIONAL MUNITIONS............ 137,303 147,303
.................................. Advanced hypersonic propulsion.... [5,000]
.................................. Convergence Lab Center activities. [5,000]
013 0602605F DIRECTED ENERGY TECHNOLOGY........ 109,302 100,947
.................................. Realignment of funds.............. [-8,355]
014 0602788F DOMINANT INFORMATION SCIENCES AND 166,041 226,041
METHODS.
.................................. AI for networks................... [5,000]
.................................. Internet of Things Laboratory..... [5,000]
.................................. Program increase.................. [10,000]
.................................. Quantum testbed................... [10,000]
.................................. Trapped ion quantum computer...... [20,000]
.................................. UAS traffic management............ [10,000]
.................................. SUBTOTAL APPLIED RESEARCH......... 1,305,787 1,408,042
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
016 0603032F FUTURE AF INTEGRATED TECHNOLOGY 152,559 107,559
DEMOS.
.................................. Automated geospatial intelligence [5,000]
detection algorithm.
.................................. Program reduction................. [-50,000]
017 0603112F ADVANCED MATERIALS FOR WEAPON 29,116 39,116
SYSTEMS.
.................................. Metals Affordability Initiative... [10,000]
018 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY 10,695 10,695
(S&T).
019 0603203F ADVANCED AEROSPACE SENSORS........ 36,997 36,997
020 0603211F AEROSPACE TECHNOLOGY DEV/DEMO..... 54,727 76,220
.................................. Program increase.................. [20,000]
.................................. Technical realignment............. [-8,507]
.................................. Unmanned semi-autonomous adversary [10,000]
aircraft.
021 0603216F AEROSPACE PROPULSION AND POWER 64,254 82,761
TECHNOLOGY.
.................................. Program increase.................. [10,000]
.................................. Realignment of funds.............. [8,507]
022 0603270F ELECTRONIC COMBAT TECHNOLOGY...... 33,380 33,380
023 0603273F SCIENCE & TECHNOLOGY FOR NUCLEAR 39,431 39,431
RE-ENTRY SYSTEMS.
026 0603456F HUMAN EFFECTIVENESS ADVANCED 20,652 20,652
TECHNOLOGY DEVELOPMENT.
027 0603601F CONVENTIONAL WEAPONS TECHNOLOGY... 187,374 187,374
028 0603605F ADVANCED WEAPONS TECHNOLOGY....... 98,503 93,289
.................................. Transformational technology [-5,214]
development unjustified request.
029 0603680F MANUFACTURING TECHNOLOGY PROGRAM.. 47,759 57,059
.................................. Agile Factory Floor for Depot [5,300]
Sustainment.
.................................. CPF--Additive Manufacturing and [4,000]
Ultra-High Performance Concrete.
030 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 51,824 51,824
AND DEMONSTRATION.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 827,271 836,357
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
031 0603036F MODULAR ADVANCED MISSILE.......... 125,688 125,688
032 0603260F INTELLIGENCE ADVANCED DEVELOPMENT. 6,101 6,101
033 0603742F COMBAT IDENTIFICATION TECHNOLOGY.. 17,318 17,318
034 0603790F NATO RESEARCH AND DEVELOPMENT..... 4,295 4,295
035 0603851F INTERCONTINENTAL BALLISTIC 46,432 46,432
MISSILE--DEM/VAL.
036 0604001F NC3 ADVANCED CONCEPTS............. 5,098 5,098
038 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM 231,408 231,408
(ABMS).
039 0604004F ADVANCED ENGINE DEVELOPMENT....... 353,658 353,658
040 0604006F DEPT OF THE AIR FORCE TECH 66,615 50,000
ARCHITECTURE.
.................................. Program growth.................... [-16,615]
041 0604015F LONG RANGE STRIKE--BOMBER......... 3,253,584 3,143,584
.................................. Excess to need.................... [-110,000]
042 0604032F DIRECTED ENERGY PROTOTYPING....... 4,269 4,269
043 0604033F HYPERSONICS PROTOTYPING........... 431,868 161,547
.................................. Technical realignment............. [-270,321]
044 0604183F HYPERSONICS PROTOTYPING-- 144,891 461,778
HYPERSONIC ATTACK CRUISE MISSILE
(HACM).
.................................. Technical realignment............. [316,887]
045 0604201F PNT RESILIENCY, MODS, AND 12,010 12,010
IMPROVEMENTS.
046 0604257F ADVANCED TECHNOLOGY AND SENSORS... 13,311 13,311
047 0604288F SURVIVABLE AIRBORNE OPERATIONS 203,213 203,213
CENTER.
048 0604317F TECHNOLOGY TRANSFER............... 16,759 16,759
049 0604327F HARD AND DEEPLY BURIED TARGET 106,826 141,826
DEFEAT SYSTEM (HDBTDS) PROGRAM.
.................................. CENTCOM UFR--HDBTDS program....... [35,000]
050 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS- 44,526 69,526
ACS.
.................................. Program increase.................. [25,000]
051 0604668F JOINT TRANSPORTATION MANAGEMENT 51,758 27,758
SYSTEM (JTMS).
.................................. Product development ahead of need. [-24,000]
052 0604776F DEPLOYMENT & DISTRIBUTION 27,586 27,586
ENTERPRISE R&D.
053 0604858F TECH TRANSITION PROGRAM........... 649,545 602,795
.................................. Hybrid autonomous maritime [2,000]
expeditionary logistics.
.................................. Program increase.................. [9,250]
.................................. Technical realignment............. [-58,000]
054 0604860F OPERATIONAL ENERGY AND 15,500
INSTALLATION RESILIENCE.
.................................. Technical realignment............. [15,500]
055 0605230F GROUND BASED STRATEGIC DETERRENT.. 3,000
.................................. ICBM transition readiness modeling [3,000]
and simulation.
056 0207110F NEXT GENERATION AIR DOMINANCE..... 1,657,733 1,657,733
057 0207179F AUTONOMOUS COLLABORATIVE PLATFORMS 51,747 51,747
058 0207420F COMBAT IDENTIFICATION............. 1,866 1,866
059 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 14,490 14,490
(3DELRR).
060 0207522F AIRBASE AIR DEFENSE SYSTEMS 52,498 48,498
(ABADS).
.................................. Program decrease.................. [-4,000]
061 0208030F WAR RESERVE MATERIEL--AMMUNITION.. 10,288 10,288
064 0305236F COMMON DATA LINK EXECUTIVE AGENT 37,460 37,460
(CDL EA).
065 0305601F MISSION PARTNER ENVIRONMENTS...... 17,378 17,378
066 0306250F CYBER OPERATIONS TECHNOLOGY 234,576 365,276
SUPPORT.
.................................. AI systems and applications for [50,000]
CYBERCOM.
.................................. CYBERCOM UFR--Cyber mission force [31,000]
operational support.
.................................. CYBERCOM UFR--Joint cyberspace [20,900]
warfighting architecture.
.................................. Hunt forward operations........... [28,800]
067 0306415F ENABLED CYBER ACTIVITIES.......... 16,728 16,728
070 0808737F CVV INTEGRATED PREVENTION......... 9,315 9,315
071 0901410F CONTRACTING INFORMATION TECHNOLOGY 14,050 14,050
SYSTEM.
072 1206415F U.S. SPACE COMMAND RESEARCH AND 10,350 10,350
DEVELOPMENT SUPPORT.
.................................. SUBTOTAL ADVANCED COMPONENT 7,945,238 7,999,639
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
073 0604200F FUTURE ADVANCED WEAPON ANALYSIS & 9,879 9,879
PROGRAMS.
074 0604201F PNT RESILIENCY, MODS, AND 176,824 176,824
IMPROVEMENTS.
075 0604222F NUCLEAR WEAPONS SUPPORT........... 64,425 64,425
076 0604270F ELECTRONIC WARFARE DEVELOPMENT.... 2,222 2,222
077 0604281F TACTICAL DATA NETWORKS ENTERPRISE. 133,117 133,117
078 0604287F PHYSICAL SECURITY EQUIPMENT....... 8,493 8,493
079 0604602F ARMAMENT/ORDNANCE DEVELOPMENT..... 5,279 5,279
080 0604604F SUBMUNITIONS...................... 3,273 3,273
081 0604617F AGILE COMBAT SUPPORT.............. 14,252 14,252
083 0604706F LIFE SUPPORT SYSTEMS.............. 47,442 47,442
084 0604735F COMBAT TRAINING RANGES............ 91,284 91,284
086 0604932F LONG RANGE STANDOFF WEAPON........ 928,850 928,850
087 0604933F ICBM FUZE MODERNIZATION........... 98,376 98,376
088 0605030F JOINT TACTICAL NETWORK CENTER 2,222 2,222
(JTNC).
089 0605056F OPEN ARCHITECTURE MANAGEMENT...... 38,222 38,222
090 0605223F ADVANCED PILOT TRAINING........... 37,121 37,121
091 0605229F HH-60W............................ 58,974 58,974
092 0605238F GROUND BASED STRATEGIC DETERRENT 3,614,290 3,614,290
EMD.
094 0207171F F-15 EPAWSS....................... 67,956 67,956
095 0207279F ISOLATED PERSONNEL SURVIVABILITY 27,881 27,881
AND RECOVERY.
096 0207328F STAND IN ATTACK WEAPON............ 283,152 274,152
.................................. Program decrease.................. [-9,000]
097 0207701F FULL COMBAT MISSION TRAINING...... 3,028 12,528
.................................. Airborne Augemented Reality....... [9,500]
102 0401221F KC-46A TANKER SQUADRONS........... 197,510 188,810
.................................. PACS delays....................... [-8,700]
103 0401319F VC-25B............................ 492,932 392,932
.................................. Program decrease.................. [-100,000]
104 0701212F AUTOMATED TEST SYSTEMS............ 16,664 16,664
105 0804772F TRAINING DEVELOPMENTS............. 15,138 15,138
107 1206442F NEXT GENERATION OPIR.............. 148 148
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,438,954 6,330,754
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
108 0604256F THREAT SIMULATOR DEVELOPMENT...... 21,067 21,067
109 0604759F MAJOR T&E INVESTMENT.............. 44,714 171,314
.................................. Air Force UFR--Gulf [55,200]
instrumentation for hypersonics
testing.
.................................. Air Force UFR--Quick reaction test [14,700]
capability for hypersonics
testing.
.................................. Air Force UFR--VKF wind tunnel [56,700]
improvements for hypersonics
testing.
110 0605101F RAND PROJECT AIR FORCE............ 37,921 37,921
111 0605502F SMALL BUSINESS INNOVATION RESEARCH 86 0
.................................. Programming error................. [-86]
112 0605712F INITIAL OPERATIONAL TEST & 13,926 13,926
EVALUATION.
113 0605807F TEST AND EVALUATION SUPPORT....... 826,854 841,854
.................................. Air Force UFR--EDW/Eglin [10,000]
hypersonics testing.
.................................. Air Force UFR--VKF wind tunnel [5,000]
throughput for hypersonics
testing.
115 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT 255,995 283,995
SYS.
.................................. Technical realignment............. [28,000]
116 0605828F ACQ WORKFORCE- GLOBAL REACH....... 457,589 457,589
117 0605829F ACQ WORKFORCE- CYBER, NETWORK, & 459,223 473,423
BUS SYS.
.................................. Technical realignment............. [14,200]
118 0605830F ACQ WORKFORCE- GLOBAL BATTLE MGMT. 3,696 3,696
119 0605831F ACQ WORKFORCE- CAPABILITY 229,610 253,610
INTEGRATION.
.................................. Technical realignment............. [24,000]
120 0605832F ACQ WORKFORCE- ADVANCED PRGM 92,648 67,361
TECHNOLOGY.
.................................. Technical realignment............. [-25,287]
121 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.... 241,226 236,382
.................................. Technical realignment............. [-4,844]
122 0605898F MANAGEMENT HQ--R&D................ 4,347 5,624
.................................. Technical realignment............. [1,277]
123 0605976F FACILITIES RESTORATION AND 77,820 133,420
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
.................................. Air Force UFR--Quick reaction test [7,500]
capability for hypersonics
testing.
.................................. Air Force UFR--VKF wind tunnel [48,100]
improvements for hypersonics
testing.
124 0605978F FACILITIES SUSTAINMENT--TEST AND 31,561 31,561
EVALUATION SUPPORT.
125 0606017F REQUIREMENTS ANALYSIS AND 101,844 101,844
MATURATION.
126 0606398F MANAGEMENT HQ--T&E................ 6,285 6,285
127 0303166F SUPPORT TO INFORMATION OPERATIONS 556 556
(IO) CAPABILITIES.
128 0303255F COMMAND, CONTROL, COMMUNICATION, 15,559 35,559
AND COMPUTERS (C4)--STRATCOM.
.................................. Establishment and initial [20,000]
operations of the NC3 Rapid
Engineering Architecture
Collaboration Hub (REACH).
129 0308602F ENTEPRISE INFORMATION SERVICES 83,231 83,231
(EIS).
130 0702806F ACQUISITION AND MANAGEMENT SUPPORT 24,306 24,306
131 0804731F GENERAL SKILL TRAINING............ 871 871
134 1001004F INTERNATIONAL ACTIVITIES.......... 2,593 2,593
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 3,033,528 3,287,988
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
136 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 18,037 18,037
TRAINING.
138 0604617F AGILE COMBAT SUPPORT.............. 8,199 8,199
139 0604776F DEPLOYMENT & DISTRIBUTION 156 156
ENTERPRISE R&D.
140 0604840F F-35 C2D2......................... 1,014,708 1,014,708
141 0605018F AF INTEGRATED PERSONNEL AND PAY 37,901 37,901
SYSTEM (AF-IPPS).
142 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 50,066 50,066
AGENCY.
143 0605117F FOREIGN MATERIEL ACQUISITION AND 80,338 80,338
EXPLOITATION.
144 0605278F HC/MC-130 RECAP RDT&E............. 47,994 47,994
145 0606018F NC3 INTEGRATION................... 23,559 23,559
147 0101113F B-52 SQUADRONS.................... 770,313 734,807
.................................. Program decrease.................. [-35,506]
148 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 571 571
149 0101126F B-1B SQUADRONS.................... 13,144 23,144
.................................. Hypersonic Integration Validation [10,000]
Testing.
150 0101127F B-2 SQUADRONS..................... 111,990 111,990
151 0101213F MINUTEMAN SQUADRONS............... 69,650 69,650
152 0101316F WORLDWIDE JOINT STRATEGIC 22,725 22,725
COMMUNICATIONS.
153 0101324F INTEGRATED STRATEGIC PLANNING & 3,180 3,180
ANALYSIS NETWORK.
154 0101328F ICBM REENTRY VEHICLES............. 118,616 118,616
156 0102110F UH-1N REPLACEMENT PROGRAM......... 17,922 17,922
157 0102326F REGION/SECTOR OPERATION CONTROL 451 451
CENTER MODERNIZATION PROGRAM.
158 0102412F NORTH WARNING SYSTEM (NWS)........ 76,910 76,910
159 0102417F OVER-THE-HORIZON BACKSCATTER RADAR 12,210 12,210
160 0202834F VEHICLES AND SUPPORT EQUIPMENT-- 14,483 14,483
GENERAL.
161 0205219F MQ-9 UAV.......................... 98,499 98,499
162 0205671F JOINT COUNTER RCIED ELECTRONIC 1,747 1,747
WARFARE.
163 0207040F MULTI-PLATFORM ELECTRONIC WARFARE 23,195 23,195
EQUIPMENT.
164 0207131F A-10 SQUADRONS.................... 72,393 72,393
165 0207133F F-16 SQUADRONS.................... 244,696 244,696
166 0207134F F-15E SQUADRONS................... 213,272 200,139
.................................. Digital color display delays...... [-1,843]
.................................. OFP CD&I carryover................ [-11,290]
167 0207136F MANNED DESTRUCTIVE SUPPRESSION.... 16,695 16,695
168 0207138F F-22A SQUADRONS................... 559,709 559,709
169 0207142F F-35 SQUADRONS.................... 70,730 70,730
170 0207146F F-15EX............................ 83,830 83,830
171 0207161F TACTICAL AIM MISSILES............. 34,536 34,536
172 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 52,704 52,704
MISSILE (AMRAAM).
173 0207227F COMBAT RESCUE--PARARESCUE......... 863 863
174 0207247F AF TENCAP......................... 23,309 23,309
175 0207249F PRECISION ATTACK SYSTEMS 12,722 12,722
PROCUREMENT.
176 0207253F COMPASS CALL...................... 49,054 49,054
177 0207268F AIRCRAFT ENGINE COMPONENT 116,087 116,087
IMPROVEMENT PROGRAM.
178 0207325F JOINT AIR-TO-SURFACE STANDOFF 117,198 129,198
MISSILE (JASSM).
.................................. INDOPACOM UFR--JASSM software [12,000]
update.
179 0207327F SMALL DIAMETER BOMB (SDB)......... 27,713 27,713
181 0207412F CONTROL AND REPORTING CENTER (CRC) 6,615 6,615
182 0207417F AIRBORNE WARNING AND CONTROL 239,658 539,658
SYSTEM (AWACS).
.................................. E-7 acceleration.................. [301,000]
.................................. Early to need--communication [-1,000]
network upgrade.
183 0207418F AFSPECWAR--TACP................... 5,982 5,982
185 0207431F COMBAT AIR INTELLIGENCE SYSTEM 23,504 23,504
ACTIVITIES.
186 0207438F THEATER BATTLE MANAGEMENT (TBM) 5,851 5,851
C4I.
187 0207439F ELECTRONIC WARFARE INTEGRATED 15,990 15,990
REPROGRAMMING (EWIR).
188 0207444F TACTICAL AIR CONTROL PARTY-MOD.... 10,315 10,315
189 0207452F DCAPES............................ 8,049 8,049
190 0207521F AIR FORCE CALIBRATION PROGRAMS.... 2,123 2,123
192 0207573F NATIONAL TECHNICAL NUCLEAR 2,039 2,039
FORENSICS.
193 0207590F SEEK EAGLE........................ 32,853 32,853
194 0207601F USAF MODELING AND SIMULATION...... 19,341 19,341
195 0207605F WARGAMING AND SIMULATION CENTERS.. 7,004 7,004
197 0207697F DISTRIBUTED TRAINING AND EXERCISES 4,628 4,628
198 0208006F MISSION PLANNING SYSTEMS.......... 99,214 99,214
199 0208007F TACTICAL DECEPTION................ 17,074 17,074
200 0208064F OPERATIONAL HQ--CYBER............. 2,347 5,347
.................................. Program increase--command and [3,000]
control of the information
environment.
201 0208087F DISTRIBUTED CYBER WARFARE 76,592 76,592
OPERATIONS.
202 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 8,367 0
.................................. Programming error................. [-8,367]
203 0208097F JOINT CYBER COMMAND AND CONTROL 80,740 80,740
(JCC2).
204 0208099F UNIFIED PLATFORM (UP)............. 107,548 107,548
208 0208288F INTEL DATA APPLICATIONS........... 1,065 1,065
209 0301025F GEOBASE........................... 2,928 2,928
211 0301113F CYBER SECURITY INTELLIGENCE 8,972 8,972
SUPPORT.
218 0301401F AIR FORCE SPACE AND CYBER NON- 3,069 3,069
TRADITIONAL ISR FOR BATTLESPACE
AWARENESS.
219 0302015F E-4B NATIONAL AIRBORNE OPERATIONS 25,701 25,701
CENTER (NAOC).
220 0303131F MINIMUM ESSENTIAL EMERGENCY 41,171 41,171
COMMUNICATIONS NETWORK (MEECN).
221 0303140F INFORMATION SYSTEMS SECURITY 70,582 70,582
PROGRAM.
224 0303260F JOINT MILITARY DECEPTION 2,588 2,588
INITIATIVE.
226 0304260F AIRBORNE SIGINT ENTERPRISE........ 108,528 115,528
.................................. Special Mission Airborne SIGINT [7,000]
Enterprise Technology.
227 0304310F COMMERCIAL ECONOMIC ANALYSIS...... 4,542 4,542
230 0305015F C2 AIR OPERATIONS SUITE--C2 INFO 8,097 8,097
SERVICES.
231 0305020F CCMD INTELLIGENCE INFORMATION 1,751 1,751
TECHNOLOGY.
232 0305022F ISR MODERNIZATION & AUTOMATION 13,138 13,138
DVMT (IMAD).
233 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 4,895 4,895
(GATM).
234 0305103F CYBER SECURITY INITIATIVE......... 91 91
235 0305111F WEATHER SERVICE................... 11,716 21,716
.................................. Commercial weather data pilot..... [10,000]
236 0305114F AIR TRAFFIC CONTROL, APPROACH, AND 8,511 8,511
LANDING SYSTEM (ATCALS).
237 0305116F AERIAL TARGETS.................... 1,365 1,365
240 0305128F SECURITY AND INVESTIGATIVE 223 223
ACTIVITIES.
241 0305146F DEFENSE JOINT COUNTERINTELLIGENCE 8,328 8,328
ACTIVITIES.
243 0305179F INTEGRATED BROADCAST SERVICE (IBS) 22,123 22,123
244 0305202F DRAGON U-2........................ 20,170 20,170
245 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 55,048 60,048
.................................. Wide Area Motion Imagery.......... [5,000]
246 0305207F MANNED RECONNAISSANCE SYSTEMS..... 14,590 14,590
247 0305208F DISTRIBUTED COMMON GROUND/SURFACE 26,901 26,901
SYSTEMS.
248 0305220F RQ-4 UAV.......................... 68,801 68,801
249 0305221F NETWORK-CENTRIC COLLABORATIVE 17,564 17,564
TARGETING.
250 0305238F NATO AGS.......................... 826 826
251 0305240F SUPPORT TO DCGS ENTERPRISE........ 28,774 28,774
252 0305600F INTERNATIONAL INTELLIGENCE 15,036 15,036
TECHNOLOGY AND ARCHITECTURES.
253 0305881F RAPID CYBER ACQUISITION........... 3,739 3,739
254 0305984F PERSONNEL RECOVERY COMMAND & CTRL 2,702 2,702
(PRC2).
255 0307577F INTELLIGENCE MISSION DATA (IMD)... 6,332 6,332
256 0401115F C-130 AIRLIFT SQUADRON............ 407 407
257 0401119F C-5 AIRLIFT SQUADRONS (IF)........ 6,100 3,100
.................................. RCMD delays....................... [-3,000]
258 0401130F C-17 AIRCRAFT (IF)................ 25,387 30,387
.................................. IR Suppression.................... [5,000]
259 0401132F C-130J PROGRAM.................... 11,060 10,060
.................................. MILSATCOM modernization delays.... [-1,000]
260 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 2,909 2,909
(LAIRCM).
261 0401218F KC-135S........................... 12,955 12,955
262 0401318F CV-22............................. 10,121 10,121
263 0408011F SPECIAL TACTICS / COMBAT CONTROL.. 6,297 6,297
264 0708055F MAINTENANCE, REPAIR & OVERHAUL 19,892 23,892
SYSTEM.
.................................. CPF--Aviation Training Academy of [4,000]
the Future.
265 0708610F LOGISTICS INFORMATION TECHNOLOGY 5,271 5,271
(LOGIT).
267 0804743F OTHER FLIGHT TRAINING............. 2,214 2,214
269 0901202F JOINT PERSONNEL RECOVERY AGENCY... 2,164 2,164
270 0901218F CIVILIAN COMPENSATION PROGRAM..... 4,098 4,098
271 0901220F PERSONNEL ADMINISTRATION.......... 3,191 3,191
272 0901226F AIR FORCE STUDIES AND ANALYSIS 899 899
AGENCY.
273 0901538F FINANCIAL MANAGEMENT INFORMATION 5,421 5,421
SYSTEMS DEVELOPMENT.
276 1202140F SERVICE SUPPORT TO SPACECOM 13,766 13,766
ACTIVITIES.
9999 9999999999 CLASSIFIED PROGRAMS............... 17,240,641 17,325,641
.................................. Electromagnetic spectrum [85,000]
technology for spectrum sharing,
EW protection, and offensive EW
capabilities.
.................................. SUBTOTAL OPERATIONAL SYSTEMS 23,090,569 23,470,563
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
278 0608158F STRATEGIC MISSION PLANNING AND 100,167 100,167
EXECUTION SYSTEM--SOFTWARE PILOT
PROGRAM.
279 0608410F AIR & SPACE OPERATIONS CENTER 177,827 177,827
(AOC)--SOFTWARE PILOT PROGRAM.
280 0608920F DEFENSE ENTERPRISE ACCOUNTING AND 136,202 136,202
MANAGEMENT SYSTEM (DEAMS)--
SOFTWARE PILOT PRO.
281 0208087F DISTRIBUTED CYBER WARFARE 37,346 0
OPERATIONS.
.................................. Technical realignment............. [-37,346]
282 0308605F AIR FORCE DEFENSIVE CYBER SYSTEMS 240,926 228,880
(AFDCS)--SOFTWARE PILOT PROGRAM.
.................................. Excess to need.................... [-12,046]
283 0308606F ALL DOMAIN COMMON PLATFORM (ADCP)-- 190,112 180,607
SOFTWARE PILOT PROGRAM.
.................................. Excess to need.................... [-9,505]
284 0308607F AIR FORCE WEATHER PROGRAMS-- 58,063 55,160
SOFTWARE PILOT PROGRAM.
.................................. Excess to need.................... [-2,903]
285 0308608F ELECTRONIC WARFARE INTEGRATED 5,794 5,598
REPROGRAMMING (EWIR)--SOFTWARE
PILOT PROGRAM.
.................................. Excess to need.................... [-196]
.................................. SUBTOTAL SOFTWARE AND DIGITAL 946,437 884,441
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED..................... 1,000,847
.................................. Inflation effects................. [1,000,847]
.................................. SUBTOTAL UNDISTRIBUTED............ 1,000,847
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 44,134,301 45,846,570
& EVAL, AF.
..................................
.................................. RDTE, SPACE FORCE
.................................. APPLIED RESEARCH
002 1206601SF SPACE TECHNOLOGY.................. 243,737 270,092
.................................. Advanced Analog Microelectronics.. [3,000]
.................................. Technical realignment............. [8,355]
.................................. University Consortia for Space [15,000]
Technology.
.................................. SUBTOTAL APPLIED RESEARCH......... 243,737 270,092
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
003 1206310SF SPACE SCIENCE AND TECHNOLOGY 460,820 478,472
RESEARCH AND DEVELOPMENT.
.................................. Defense in depth as mission [10,000]
assurance for spacecraft.
.................................. Program increase.................. [7,652]
004 1206616SF SPACE ADVANCED TECHNOLOGY 103,395 80,168
DEVELOPMENT/DEMO.
.................................. Reduce follow-on tranches......... [-26,000]
.................................. Technical realignment............. [2,773]
.................................. SUBTOTAL ADVANCED TECHNOLOGY 564,215 558,640
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
005 0604002SF SPACE FORCE WEATHER SERVICES 816 816
RESEARCH.
006 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM 382,594 382,594
(USER EQUIPMENT) (SPACE).
007 1203622SF SPACE WARFIGHTING ANALYSIS........ 44,791 44,791
008 1203710SF EO/IR WEATHER SYSTEMS............. 96,519 96,519
010 1206410SF SPACE TECHNOLOGY DEVELOPMENT AND 986,822 986,822
PROTOTYPING.
012 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 230,621 230,621
013 1206427SF SPACE SYSTEMS PROTOTYPE 106,252 106,252
TRANSITIONS (SSPT).
014 1206438SF SPACE CONTROL TECHNOLOGY.......... 57,953 59,953
.................................. Program increase.................. [2,000]
016 1206730SF SPACE SECURITY AND DEFENSE PROGRAM 59,169 59,169
017 1206760SF PROTECTED TACTICAL ENTERPRISE 121,069 111,169
SERVICE (PTES).
.................................. Unjustified increase.............. [-9,900]
018 1206761SF PROTECTED TACTICAL SERVICE (PTS).. 294,828 279,628
.................................. Unjustified increase.............. [-15,200]
019 1206855SF EVOLVED STRATEGIC SATCOM (ESS).... 565,597 542,097
.................................. Unjustified increase.............. [-23,500]
020 1206857SF SPACE RAPID CAPABILITIES OFFICE... 45,427 45,427
.................................. SUBTOTAL ADVANCED COMPONENT 2,992,458 2,945,858
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
021 1203269SF GPS III FOLLOW-ON (GPS IIIF)...... 325,927 318,727
.................................. Unjustified increase--GPS IIIF.... [-7,200]
022 1203940SF SPACE SITUATION AWARENESS 49,628 49,628
OPERATIONS.
023 1206421SF COUNTERSPACE SYSTEMS.............. 21,848 21,848
024 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 48,870 48,870
025 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 105,140 105,140
026 1206431SF ADVANCED EHF MILSATCOM (SPACE).... 11,701 11,701
027 1206432SF POLAR MILSATCOM (SPACE)........... 67,465 67,465
028 1206433SF WIDEBAND GLOBAL SATCOM (SPACE).... 48,438 48,438
029 1206440SF NEXT-GEN OPIR--GROUND............. 612,529
.................................. Technical realignment............. [612,529]
030 1206442SF NEXT GENERATION OPIR.............. 3,479,459 253,801
.................................. Technical realignment............. [-3,225,658]
031 1206443SF NEXT-GEN OPIR--GEO................ 1,713,933
.................................. Technical realignment............. [1,713,933]
032 1206444SF NEXT-GEN OPIR--POLAR.............. 899,196
.................................. Technical realignment............. [899,196]
033 1206445SF COMMERCIAL SATCOM (COMSATCOM) 23,513 23,513
INTEGRATION.
034 1206446SF RESILIENT MISSILE WARNING MISSILE 499,840 525,637
TRACKING--LOW EARTH ORBIT (LEO).
.................................. Technical realignment............. [25,797]
035 1206447SF RESILIENT MISSILE WARNING MISSILE 139,131 303,930
TRACKING--MEDIUM EARTH ORBIT
(MEO).
.................................. Technical realignment............. [164,799]
036 1206448SF RESILIENT MISSILE WARNING MISSILE 390,596 0
TRACKING--INTEGRATED GROUND
SEGMENT.
.................................. Technical realignment............. [-390,596]
037 1206853SF NATIONAL SECURITY SPACE LAUNCH 124,103 154,103
PROGRAM (SPACE)--EMD.
.................................. Increase EMD for NSSL Phase 3 and [30,000]
beyond activities.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 5,335,659 5,158,459
DEMONSTRATION.
039 1206116SF SPACE TEST AND TRAINING RANGE 21,453 21,453
DEVELOPMENT.
040 1206392SF ACQ WORKFORCE--SPACE & MISSILE 253,716 253,716
SYSTEMS.
041 1206398SF SPACE & MISSILE SYSTEMS CENTER-- 13,962 13,962
MHA.
042 1206616SF SPACE ADVANCED TECHNOLOGY 2,773 0
DEVELOPMENT/DEMO.
.................................. Technical realignment............. [-2,773]
043 1206759SF MAJOR T&E INVESTMENT--SPACE....... 89,751 89,751
044 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM 17,922 17,922
(SPACE).
045 1206862SF TACTICALLY RESPONSIVE LAUNCH...... 100,000
.................................. Continue Tactically Responsive [100,000]
Space.
046 1206864SF SPACE TEST PROGRAM (STP).......... 25,366 25,366
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 424,943 522,170
..................................
.................................. OPERATIONAL SYSTEM DEVELOPMENT
048 1201017SF GLOBAL SENSOR INTEGRATED ON 5,321 5,321
NETWORK (GSIN).
049 1203001SF FAMILY OF ADVANCED BLOS TERMINALS 128,243 128,243
(FAB-T).
050 1203040SF DCO-SPACE......................... 28,162 28,162
051 1203109SF NARROWBAND SATELLITE 165,892 165,892
COMMUNICATIONS.
052 1203110SF SATELLITE CONTROL NETWORK (SPACE). 42,199 42,199
053 1203165SF NAVSTAR GLOBAL POSITIONING SYSTEM 2,062 2,062
(SPACE AND CONTROL SEGMENTS).
054 1203173SF SPACE AND MISSILE TEST AND 4,157 4,157
EVALUATION CENTER.
055 1203174SF SPACE INNOVATION, INTEGRATION AND 38,103 38,103
RAPID TECHNOLOGY DEVELOPMENT.
056 1203182SF SPACELIFT RANGE SYSTEM (SPACE).... 11,658 11,658
057 1203265SF GPS III SPACE SEGMENT............. 1,626 1,626
058 1203330SF SPACE SUPERIORITY ISR............. 29,128 29,128
059 1203620SF NATIONAL SPACE DEFENSE CENTER..... 2,856 2,856
060 1203873SF BALLISTIC MISSILE DEFENSE RADARS.. 18,615 21,615
.................................. Upgrades for Perimeter Acquisition [3,000]
Radar Attack Characterization
System (PARCS).
061 1203906SF NCMC--TW/AA SYSTEM................ 7,274 7,274
062 1203913SF NUDET DETECTION SYSTEM (SPACE).... 80,429 80,429
063 1203940SF SPACE SITUATION AWARENESS 80,903 80,903
OPERATIONS.
064 1206423SF GLOBAL POSITIONING SYSTEM III-- 359,720 359,720
OPERATIONAL CONTROL SEGMENT.
068 1206770SF ENTERPRISE GROUND SERVICES........ 123,601 123,601
9999 9999999999 CLASSIFIED PROGRAMS............... 4,973,358 5,306,358
.................................. INDOPACOM UFR--Operationalize near- [308,000]
term space control.
.................................. Program adjustment................ [25,000]
.................................. SUBTOTAL OPERATIONAL SYSTEM 6,103,307 6,439,307
DEVELOPMENT.
..................................
.................................. SOFTWARE & DIGITAL TECHNOLOGY
PILOT PROGRAMS
070 1208248SF SPACE COMMAND & CONTROL--SOFTWARE 155,053 155,053
PILOT PROGRAM.
.................................. SUBTOTAL SOFTWARE & DIGITAL 155,053 155,053
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED..................... 539,491
.................................. Inflation effects................. [539,491]
.................................. SUBTOTAL UNDISTRIBUTED............ 539,491
..................................
.................................. TOTAL RDTE, SPACE FORCE........... 15,819,372 16,589,070
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
.................................. BASIC RESEARCH
001 0601000BR DTRA BASIC RESEARCH............... 11,584 11,584
002 0601101E DEFENSE RESEARCH SCIENCES......... 401,870 494,344
.................................. AI for supply chain............... [3,000]
.................................. Math and computer science......... [5,000]
.................................. Program increase.................. [84,474]
003 0601108D8Z HIGH ENERGY LASER RESEARCH 16,257 16,257
INITIATIVES.
004 0601110D8Z BASIC RESEARCH INITIATIVES........ 62,386 84,686
.................................. CPF--FIU/SOUTHCOM Security [1,300]
Research Hub / Enhanced Domain
Awareness (EDA) Initiative.
.................................. CPF--HBCU Training for the Future [1,000]
of Aerospace.
.................................. Defense established program to [20,000]
stimulate competitive research
(DEPSCoR).
005 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 80,874 80,874
SCIENCE.
006 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 132,347 140,347
.................................. CPF--Florida Memorial Avionics [1,000]
Smart Scholars.
.................................. Program increase--Ronald V. [5,000]
Dellums Memorial Fellowship.
.................................. SMART............................. [2,000]
007 0601228D8Z HISTORICALLY BLACK COLLEGES AND 33,288 131,711
UNIVERSITIES/MINORITY
INSTITUTIONS.
.................................. CPF--Augmenting Quantum Sensing [1,111]
Research, Education and Training
in DoD CoE at DSU.
.................................. CPF--Florida Memorial University [600]
Department of Natural Sciences
STEM Equipment.
.................................. Program increase.................. [66,712]
.................................. Program increase for STEM programs [30,000]
008 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 34,734 34,734
PROGRAM.
.................................. SUBTOTAL BASIC RESEARCH........... 773,340 994,537
..................................
.................................. APPLIED RESEARCH
010 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 18,961 18,961
011 0602115E BIOMEDICAL TECHNOLOGY............. 106,958 114,658
.................................. Next-Generation Combat Casualty [7,700]
Care.
012 0602128D8Z PROMOTION AND PROTECTION 3,275 3,275
STRATEGIES.
014 0602230D8Z DEFENSE TECHNOLOGY INNOVATION..... 20,634 60,634
.................................. Open radio access networks for [40,000]
next generation wireless
experimentation.
015 0602234D8Z LINCOLN LABORATORY RESEARCH 46,159 46,159
PROGRAM.
016 0602251D8Z APPLIED RESEARCH FOR THE 67,666 67,666
ADVANCEMENT OF S&T PRIORITIES.
017 0602303E INFORMATION & COMMUNICATIONS 388,270 513,270
TECHNOLOGY.
.................................. AI/autonomy to cybersecurity and [30,000]
cyberspace operations challenges.
.................................. National Security Commission on AI [75,000]
recommendations.
.................................. Underexplored systems for utility- [20,000]
scale quantum computing.
018 0602383E BIOLOGICAL WARFARE DEFENSE........ 23,059 23,059
019 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 256,197 256,197
PROGRAM.
020 0602668D8Z CYBER SECURITY RESEARCH........... 17,264 32,264
.................................. Cyber consortium seedling funding. [10,000]
.................................. Program increase--Pacific [5,000]
intelligence and innovation
initiative.
021 0602675D8Z SOCIAL SCIENCES FOR ENVIRONMENTAL 4,000 4,000
SECURITY.
022 0602702E TACTICAL TECHNOLOGY............... 221,883 243,383
.................................. MAD-FIRES......................... [35,000]
.................................. Program reduction................. [-13,500]
023 0602715E MATERIALS AND BIOLOGICAL 352,976 342,776
TECHNOLOGY.
.................................. Reduce growth..................... [-12,500]
.................................. ReVector.......................... [2,300]
024 0602716E ELECTRONICS TECHNOLOGY............ 557,745 557,745
025 0602718BR COUNTER WEAPONS OF MASS 192,162 192,162
DESTRUCTION APPLIED RESEARCH.
026 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 11,030 11,030
(SEI) APPLIED RESEARCH.
027 0602890D8Z HIGH ENERGY LASER RESEARCH........ 48,587 48,587
028 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 49,174 49,174
.................................. SUBTOTAL APPLIED RESEARCH......... 2,386,000 2,585,000
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
029 0603000D8Z JOINT MUNITIONS ADVANCED 34,065 34,065
TECHNOLOGY.
030 0603121D8Z SO/LIC ADVANCED DEVELOPMENT....... 4,919 4,919
031 0603122D8Z COMBATING TERRORISM TECHNOLOGY 72,614 92,614
SUPPORT.
.................................. United States-Israel Cooperation [15,000]
to Counter Unmanned Aerial
Systems.
.................................. VTOL Loitering Munition (ROC-X)... [5,000]
032 0603133D8Z FOREIGN COMPARATIVE TESTING....... 26,802 26,802
034 0603160BR COUNTER WEAPONS OF MASS 395,721 395,721
DESTRUCTION ADVANCED TECHNOLOGY
DEVELOPMENT.
035 0603176BR ADVANCED CONCEPTS AND PERFORMANCE 6,505 6,505
ASSESSMENT.
036 0603176C ADVANCED CONCEPTS AND PERFORMANCE 16,737 16,737
ASSESSMENT.
037 0603180C ADVANCED RESEARCH................. 22,023 40,023
.................................. Benzoxazine High-Mach System [4,000]
Thermal Protection.
.................................. High Temperature Nickel Based [4,000]
Alloy research.
.................................. Sounding Rocket Testbed Technology [10,000]
Maturation Tests.
038 0603183D8Z JOINT HYPERSONIC TECHNOLOGY 52,156 55,156
DEVELOPMENT &TRANSITION.
.................................. Accelerate co-development of key [3,000]
partner programs.
039 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 18,898 18,898
DEVELOPMENT.
040 0603286E ADVANCED AEROSPACE SYSTEMS........ 253,135 350,435
.................................. GlideBreaker...................... [20,000]
.................................. OpFires........................... [42,300]
.................................. Tactical Boost Glide (TBG)........ [35,000]
041 0603287E SPACE PROGRAMS AND TECHNOLOGY..... 81,888 81,888
042 0603288D8Z ANALYTIC ASSESSMENTS.............. 24,052 24,052
043 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 53,890 61,390
CONCEPTS.
.................................. Emerging opportunities............ [7,500]
046 0603338D8Z DEFENSE MODERNIZATION AND 141,561 141,561
PROTOTYPING.
047 0603342D8Z DEFENSE INNOVATION UNIT (DIU)..... 42,925 87,925
.................................. National Security Innovation [15,000]
Capital program increase.
.................................. Program increase.................. [25,000]
.................................. Small craft electric propulsion... [5,000]
048 0603375D8Z TECHNOLOGY INNOVATION............. 109,535 309,535
.................................. Accelerating quantum applications. [100,000]
.................................. Domestic Supply Chain for [100,000]
Microelectronics Critical Element
Production.
049 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 238,407 233,262
PROGRAM--ADVANCED DEVELOPMENT.
.................................. Biological Defense Vaccines and [5,000]
Advanced Therapeutics.
.................................. Poor justification................ [-10,145]
050 0603527D8Z RETRACT LARCH..................... 79,493 79,493
051 0603618D8Z JOINT ELECTRONIC ADVANCED 19,218 19,218
TECHNOLOGY.
052 0603648D8Z JOINT CAPABILITY TECHNOLOGY 114,100 114,100
DEMONSTRATIONS.
053 0603662D8Z NETWORKED COMMUNICATIONS 3,168 3,168
CAPABILITIES.
054 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 256,142 743,142
AND TECHNOLOGY PROGRAM.
.................................. Advanced textiles................. [10,000]
.................................. Artificial intelligence for [3,000]
predictive maintenance.
.................................. BioMADE........................... [30,000]
.................................. Biotechnology Manufacturing [300,000]
Institutes.
.................................. CPF--Future Nano and Micro- [4,000]
Fabrication - Advanced Materials
Engineering Research Institute.
.................................. CPF--Manufacturing of Advanced [4,000]
Composites for Hypersonics -
Aided by Digital Engineering.
.................................. CPF--Scalable comprehensive [4,000]
workforce readiness initiatives
in bioindustrial manufacturing
that lead to regional bioeconomic
transformation and growth.
.................................. HPC-enabled advanced manufacturing [25,000]
.................................. Increase production capacity for [12,000]
hypersonics.
.................................. Internet of things and operational [5,000]
technology asset identification
and management.
.................................. New bioproducts................... [10,000]
.................................. Robotics supply chain research.... [15,000]
.................................. Silicon carbide matrix materials [50,000]
for hypersonics.
.................................. Tools and methods to improve [15,000]
biomanufacturing.
055 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 46,166 49,166
.................................. AI-based market research.......... [3,000]
056 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 13,663 13,663
DEMONSTRATIONS.
057 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 58,411 63,411
PROGRAM.
.................................. SERDP- PFAS remediation [5,000]
technologies.
058 0603720S MICROELECTRONICS TECHNOLOGY 139,833 139,833
DEVELOPMENT AND SUPPORT.
059 0603727D8Z JOINT WARFIGHTING PROGRAM......... 2,411 2,411
060 0603739E ADVANCED ELECTRONICS TECHNOLOGIES. 250,917 250,917
061 0603760E COMMAND, CONTROL AND 305,050 315,050
COMMUNICATIONS SYSTEMS.
.................................. DARPA LogX advanced supply chain [10,000]
mapping.
062 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 678,562 853,562
.................................. Assault Breaker II................ [120,000]
.................................. Classified program................ [15,000]
.................................. DARPA network-centric warfare [20,000]
technology.
.................................. Non-kinetic/cyber modeling and [20,000]
simulation.
063 0603767E SENSOR TECHNOLOGY................. 314,502 314,502
064 0603769D8Z DISTRIBUTED LEARNING ADVANCED 201 201
TECHNOLOGY DEVELOPMENT.
065 0603781D8Z SOFTWARE ENGINEERING INSTITUTE.... 13,417 13,417
066 0603924D8Z HIGH ENERGY LASER ADVANCED 111,149 111,149
TECHNOLOGY PROGRAM.
067 0603941D8Z TEST & EVALUATION SCIENCE & 315,090 350,090
TECHNOLOGY.
.................................. Program increase.................. [35,000]
068 0603950D8Z NATIONAL SECURITY INNOVATION 22,028 42,028
NETWORK.
.................................. Mission acceleration centers...... [20,000]
069 0604055D8Z OPERATIONAL ENERGY CAPABILITY 180,170 179,290
IMPROVEMENT.
.................................. Excess growth..................... [-10,880]
.................................. Program increase for tristructural- [10,000]
isotropic fuel.
072 1160402BB SOF ADVANCED TECHNOLOGY 118,877 125,877
DEVELOPMENT.
.................................. Next Generation ISR SOF [7,000]
Enhancement/ Technical Support
Systems.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 4,638,401 5,765,176
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
074 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 41,507 41,507
SECURITY EQUIPMENT RDT&E ADC&P.
075 0603600D8Z WALKOFF........................... 133,795 133,795
076 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 84,638 93,638
CERTIFICATION PROGRAM.
.................................. ESTCP--PFAS Disposal.............. [5,000]
.................................. ESTCP--PFAS free fire fighting [1,000]
turnout gear.
.................................. Sustainable Technology Evaluation [3,000]
and Demonstration program.
077 0603881C BALLISTIC MISSILE DEFENSE TERMINAL 190,216 190,216
DEFENSE SEGMENT.
078 0603882C BALLISTIC MISSILE DEFENSE 667,524 667,524
MIDCOURSE DEFENSE SEGMENT.
079 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 291,364 252,010
PROGRAM--DEM/VAL.
.................................. Poor justification................ [-39,354]
080 0603884C BALLISTIC MISSILE DEFENSE SENSORS. 231,134 231,134
081 0603890C BMD ENABLING PROGRAMS............. 591,847 591,847
082 0603891C SPECIAL PROGRAMS--MDA............. 316,977 316,977
083 0603892C AEGIS BMD......................... 600,072 600,072
084 0603896C BALLISTIC MISSILE DEFENSE COMMAND 589,374 589,374
AND CONTROL, BATTLE MANAGEMENT
AND COMMUNICATI.
085 0603898C BALLISTIC MISSILE DEFENSE JOINT 50,269 50,269
WARFIGHTER SUPPORT.
086 0603904C MISSILE DEFENSE INTEGRATION & 49,367 49,367
OPERATIONS CENTER (MDIOC).
087 0603906C REGARDING TRENCH.................. 12,146 12,146
088 0603907C SEA BASED X-BAND RADAR (SBX)...... 164,668 164,668
089 0603913C ISRAELI COOPERATIVE PROGRAMS...... 300,000 300,000
090 0603914C BALLISTIC MISSILE DEFENSE TEST.... 367,824 367,824
091 0603915C BALLISTIC MISSILE DEFENSE TARGETS. 559,513 619,513
.................................. Advanced Reactive Target [20,000]
Simulation Development.
.................................. Hypersonic Maneuvering Extended [40,000]
Range (HMER) Target System.
092 0603923D8Z COALITION WARFARE................. 11,154 11,154
093 0604011D8Z NEXT GENERATION INFORMATION 249,591 329,591
COMMUNICATIONS TECHNOLOGY (5G).
.................................. 5G experimentation, transition, [80,000]
and ORAN activities.
094 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,166 3,166
PROGRAM.
095 0604102C GUAM DEFENSE DEVELOPMENT.......... 397,936 397,936
096 0604115C TECHNOLOGY MATURATION INITIATIVES. 7,000
.................................. Diode-Pumped Alkali Laser (DPAL) [7,000]
development.
097 0604124D8Z CHIEF DIGITAL AND ARTIFICIAL 33,950 33,950
INTELLIGENCE OFFICER (CDAO)--MIP.
099 0604181C HYPERSONIC DEFENSE................ 225,477 517,977
.................................. MDA UFR--Glide phase defense [292,500]
weapons systems.
100 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 1,145,358 1,182,622
.................................. Cost overestimation--mission [-49,236]
support expenses.
.................................. INDOPACOM UFR--Sea Urchin powered [30,000]
quickstrike mines.
.................................. INDOPACOM UFR--SIGINT upgrades.... [9,500]
.................................. Program increase.................. [40,000]
.................................. Program increase--pele mobile [7,000]
nuclear microreactor.
101 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 647,226 672,226
.................................. Program increase--radiation- [20,000]
hardened fully-depleted silicon-
on-insulator microelectronics.
.................................. Trusted & Assured Microelectronics [5,000]
102 0604331D8Z RAPID PROTOTYPING PROGRAM......... 179,189 179,189
103 0604341D8Z DEFENSE INNOVATION UNIT (DIU) 24,402 24,402
PROTOTYPING.
104 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 2,691 2,691
UNMANNED SYSTEM COMMON
DEVELOPMENT.
105 0604551BR CATAPULT.......................... 7,130 7,130
106 0604555D8Z OPERATIONAL ENERGY CAPABILITY 45,779 45,779
IMPROVEMENT--NON S&T.
108 0604682D8Z WARGAMING AND SUPPORT FOR 3,229 3,229
STRATEGIC ANALYSIS (SSA).
109 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 40,699 44,699
INTEGRATION AND INTEROPERABILITY
ASSESSMENTS.
.................................. Excess to need.................... [-5,000]
.................................. JADC2 experimentation............. [9,000]
110 0604873C LONG RANGE DISCRIMINATION RADAR 75,120 75,120
(LRDR).
111 0604874C IMPROVED HOMELAND DEFENSE 1,833,357 1,833,357
INTERCEPTORS.
112 0604876C BALLISTIC MISSILE DEFENSE TERMINAL 69,762 69,762
DEFENSE SEGMENT TEST.
113 0604878C AEGIS BMD TEST.................... 182,776 175,619
.................................. Excess growth..................... [-7,157]
114 0604879C BALLISTIC MISSILE DEFENSE SENSOR 88,326 88,326
TEST.
115 0604880C LAND-BASED SM-3 (LBSM3)........... 27,678 27,678
116 0604887C BALLISTIC MISSILE DEFENSE 84,075 84,075
MIDCOURSE SEGMENT TEST.
117 0202057C SAFETY PROGRAM MANAGEMENT......... 2,417 2,417
118 0300206R ENTERPRISE INFORMATION TECHNOLOGY 2,664 2,664
SYSTEMS.
120 0305103C CYBER SECURITY INITIATIVE......... 1,165 1,165
123 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 129,957 129,957
SPACE PROGRAMS.
276 0604795D8Z ACCELERATE PROCUREMENT AND 100,000
FIELDING OF INNOVATIVE
TECHNOLOGIES (APFIT).
.................................. Realignment of funds.............. [100,000]
.................................. SUBTOTAL ADVANCED COMPONENT 10,756,509 11,324,762
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
124 0604123D8Z CHIEF DIGITAL AND ARTIFICIAL 273,340 273,340
INTELLIGENCE OFFICER (CDAO)--DEM/
VAL ACTIVITIES.
125 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 6,482 6,482
SECURITY EQUIPMENT RDT&E SDD.
127 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 312,148 309,073
PROGRAM--EMD.
.................................. Poor justification................ [-3,075]
128 0604771D8Z JOINT TACTICAL INFORMATION 9,120 9,120
DISTRIBUTION SYSTEM (JTIDS).
129 0605000BR COUNTER WEAPONS OF MASS 14,403 14,403
DESTRUCTION SYSTEMS DEVELOPMENT.
130 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 1,244 1,244
131 0605021SE HOMELAND PERSONNEL SECURITY 6,191 6,191
INITIATIVE.
132 0605022D8Z DEFENSE EXPORTABILITY PROGRAM..... 10,145 10,145
133 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 5,938 5,938
136 0605080S DEFENSE AGENCY INITIATIVES (DAI)-- 23,171 23,171
FINANCIAL SYSTEM.
137 0605141BR MISSION ASSURANCE RISK MANAGEMENT 14,093 14,093
SYSTEM (MARMS).
138 0605210D8Z DEFENSE-WIDE ELECTRONIC 6,949 6,949
PROCUREMENT CAPABILITIES.
139 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 302,963 302,963
140 0605772D8Z NUCLEAR COMMAND, CONTROL, & 3,758 3,758
COMMUNICATIONS.
141 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION 8,121 8,121
MANAGEMENT (EEIM).
142 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 16,048 16,048
AND DEMONSTRATION.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 1,014,114 1,011,039
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
143 0603829J JOINT CAPABILITY EXPERIMENTATION.. 12,452 12,452
144 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 8,902 8,902
(DRRS).
145 0604875D8Z JOINT SYSTEMS ARCHITECTURE 6,610 6,610
DEVELOPMENT.
146 0604940D8Z CENTRAL TEST AND EVALUATION 819,358 1,094,358
INVESTMENT DEVELOPMENT (CTEIP).
.................................. Program increase.................. [275,000]
147 0604942D8Z ASSESSMENTS AND EVALUATIONS....... 4,607 4,607
148 0605001E MISSION SUPPORT................... 86,869 86,869
149 0605100D8Z JOINT MISSION ENVIRONMENT TEST 126,079 151,079
CAPABILITY (JMETC).
.................................. Joint Mission Environment......... [25,000]
150 0605126J JOINT INTEGRATED AIR AND MISSILE 53,278 53,278
DEFENSE ORGANIZATION (JIAMDO).
152 0605142D8Z SYSTEMS ENGINEERING............... 39,009 39,009
153 0605151D8Z STUDIES AND ANALYSIS SUPPORT--OSD. 5,716 5,716
154 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY. 15,379 15,379
155 0605170D8Z SUPPORT TO NETWORKS AND 9,449 9,449
INFORMATION INTEGRATION.
156 0605200D8Z GENERAL SUPPORT TO 6,112 6,112
OUSD(INTELLIGENCE AND SECURITY).
157 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 124,475 124,475
PROGRAM.
158 0605502BP SMALL BUSINESS INNOVATIVE 5,100
RESEARCH--CHEMICAL BIOLOGICAL DEF.
.................................. Operational Rapid Multi-Pathogen [5,100]
Diagnostic Tool.
165 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 3,820 3,820
(SBIR)/ SMALL BUSINESS TECHNOLOGY
TRANSFER.
166 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE.. 35,414 35,414
167 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 56,114 56,114
168 0605801KA DEFENSE TECHNICAL INFORMATION 63,184 63,184
CENTER (DTIC).
169 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, 23,757 23,757
TESTING AND EVALUATION.
170 0605804D8Z DEVELOPMENT TEST AND EVALUATION... 26,652 26,652
171 0605898E MANAGEMENT HQ--R&D................ 14,636 14,636
172 0605998KA MANAGEMENT HQ--DEFENSE TECHNICAL 3,518 3,518
INFORMATION CENTER (DTIC).
173 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.... 15,244 15,244
174 0606114D8Z ANALYSIS WORKING GROUP (AWG) 4,700 4,700
SUPPORT.
175 0606135D8Z CHIEF DIGITAL AND ARTIFICIAL 13,132 13,132
INTELLIGENCE OFFICER (CDAO)
ACTIVITIES.
176 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 3,323 3,323
ANALYSIS.
177 0606300D8Z DEFENSE SCIENCE BOARD............. 2,532 2,532
179 0606771D8Z CYBER RESILIENCY AND CYBERSECURITY 32,306 32,306
POLICY.
180 0606853BR MANAGEMENT, TECHNICAL & 12,354 12,354
INTERNATIONAL SUPPORT.
181 0203345D8Z DEFENSE OPERATIONS SECURITY 3,034 3,034
INITIATIVE (DOSI).
182 0204571J JOINT STAFF ANALYTICAL SUPPORT.... 4,332 4,332
183 0208045K C4I INTEROPERABILITY.............. 69,698 69,698
189 0305172K COMBINED ADVANCED APPLICATIONS.... 16,171 16,171
191 0305208K DISTRIBUTED COMMON GROUND/SURFACE 3,072 3,072
SYSTEMS.
192 0804768J COCOM EXERCISE ENGAGEMENT AND 37,852 37,852
TRAINING TRANSFORMATION (CE2T2)--
NON-MHA.
193 0808709SE DEFENSE EQUAL OPPORTUNITY 716 716
MANAGEMENT INSTITUTE (DEOMI).
194 0901598C MANAGEMENT HQ--MDA................ 25,259 25,259
195 0903235K JOINT SERVICE PROVIDER (JSP)...... 3,141 3,141
9999 9999999999 CLASSIFIED PROGRAMS............... 37,841 37,841
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,830,097 2,135,197
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
200 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 588,094 610,094
SUSTAINMENT SUPPORT.
.................................. Carbon/carbon industrial base [3,000]
enhancement.
.................................. CPF--Critical Non-Destructive [2,000]
Inspection and Training for Key
U.S. National Defense Interests
through College of the Canyons
Advanced Technology Center.
.................................. CPF--Partnerships for [4,000]
Manufacturing Training Innovation.
.................................. Precision optics manufacturing.... [5,000]
.................................. RF microelectronics supply chain.. [8,000]
201 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS 15,427 15,427
DEVELOPMENT.
202 0607327T GLOBAL THEATER SECURITY 8,317 8,317
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS).
203 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 68,030 68,030
(OPERATIONAL SYSTEMS DEVELOPMENT).
209 0302019K DEFENSE INFO INFRASTRUCTURE 19,145 19,145
ENGINEERING AND INTEGRATION.
210 0303126K LONG-HAUL COMMUNICATIONS--DCS..... 13,195 13,195
211 0303131K MINIMUM ESSENTIAL EMERGENCY 5,746 5,746
COMMUNICATIONS NETWORK (MEECN).
212 0303136G KEY MANAGEMENT INFRASTRUCTURE 92,018 92,018
(KMI).
213 0303140D8Z INFORMATION SYSTEMS SECURITY 43,135 63,135
PROGRAM.
.................................. NSA CAE Cybersecurity Workforce [20,000]
pilot program.
214 0303140G INFORMATION SYSTEMS SECURITY 593,831 593,831
PROGRAM.
215 0303140K INFORMATION SYSTEMS SECURITY 7,005 7,005
PROGRAM.
216 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 10,020 10,020
217 0303153K DEFENSE SPECTRUM ORGANIZATION..... 19,708 19,708
221 0303430V FEDERAL INVESTIGATIVE SERVICES 5,197 5,197
INFORMATION TECHNOLOGY.
226 0305104D8Z DEFENSE INDUSTRIAL BASE (DIB) 10,000 10,000
CYBER SECURITY INITIATIVE.
229 0305128V SECURITY AND INVESTIGATIVE 450 450
ACTIVITIES.
230 0305133V INDUSTRIAL SECURITY ACTIVITIES.... 1,800 1,800
233 0305146V DEFENSE JOINT COUNTERINTELLIGENCE 4,622 4,622
ACTIVITIES.
234 0305172D8Z COMBINED ADVANCED APPLICATIONS.... 49,380 49,380
237 0305186D8Z POLICY R&D PROGRAMS............... 6,214 6,214
238 0305199D8Z NET CENTRICITY.................... 17,917 17,917
240 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 6,095 6,095
SYSTEMS.
246 0305245D8Z INTELLIGENCE CAPABILITIES AND 4,575 4,575
INNOVATION INVESTMENTS.
247 0305251K CYBERSPACE OPERATIONS FORCES AND 2,497 2,497
FORCE SUPPORT.
248 0305327V INSIDER THREAT.................... 9,403 9,403
249 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 1,864 1,864
TRANSFER PROGRAM.
257 0708012K LOGISTICS SUPPORT ACTIVITIES...... 1,620 1,620
258 0708012S PACIFIC DISASTER CENTERS.......... 1,875 1,875
259 0708047S DEFENSE PROPERTY ACCOUNTABILITY 3,264 3,264
SYSTEM.
261 1105219BB MQ-9 UAV.......................... 14,000 29,840
.................................. MQ-9 Mallett reprogramming........ [5,840]
.................................. Speed Loader Agile POD............ [10,000]
263 1160403BB AVIATION SYSTEMS.................. 179,499 179,499
264 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 75,136 75,136
265 1160408BB OPERATIONAL ENHANCEMENTS.......... 142,900 168,810
.................................. Artificial intelligence for Small [15,000]
Unit Maneuver (AISUM).
.................................. CPF--Intercept, Collect, Analyze, [2,300]
and Disrupt (ICAD) Application.
.................................. SOCOM UFR--Switchblade shipboard [8,610]
safety cert.
266 1160431BB WARRIOR SYSTEMS................... 129,133 146,860
.................................. Counter Unmanned Systems (CUxS) [5,400]
Procurement Acceleration.
.................................. Maritime Scalable Effects (MSE) [2,397]
Electronic Warfare System
Acceleration.
.................................. SOCOM UFR--Ground organic [9,930]
precision strike systems.
267 1160432BB SPECIAL PROGRAMS.................. 518 518
268 1160434BB UNMANNED ISR...................... 3,354 3,354
269 1160480BB SOF TACTICAL VEHICLES............. 13,594 13,594
270 1160483BB MARITIME SYSTEMS.................. 82,645 112,645
.................................. Dry Combat Submersible (DCS) Next [30,000]
Acceleration.
272 1160490BB OPERATIONAL ENHANCEMENTS 7,583 7,583
INTELLIGENCE.
273 1203610K TELEPORT PROGRAM.................. 1,270 1,270
9999 9999999999 CLASSIFIED PROGRAMS............... 7,854,604 7,854,604
.................................. SUBTOTAL OPERATIONAL SYSTEMS 10,114,680 10,246,157
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
274 0608197V NATIONAL BACKGROUND INVESTIGATION 132,524 132,524
SERVICES--SOFTWARE PILOT PROGRAM.
275 0608648D8Z ACQUISITION VISIBILITY--SOFTWARE 17,123 17,123
PILOT PROGRAM.
276 0608775D8Z ACCELERATE THE PROCUREMENT AND 100,000 0
FIELDING OF INNOVATIVE
TECHNOLOGIES (APFIT).
.................................. Realignment of funds.............. [-100,000]
277 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 34,987 34,987
282 0308609V NATIONAL INDUSTRIAL SECURITY 14,749 14,749
SYSTEMS (NISS)--SOFTWARE PILOT
PROGRAM.
9999 9999999999 CLASSIFIED PROGRAMS............... 265,028 265,028
.................................. SUBTOTAL SOFTWARE AND DIGITAL 564,411 464,411
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED..................... 849,931
.................................. Inflation effects................. [849,931]
.................................. SUBTOTAL UNDISTRIBUTED............ 849,931
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 32,077,552 35,376,210
& EVAL, DW.
..................................
.................................. OPERATIONAL TEST & EVAL, DEFENSE
.................................. MANAGEMENT SUPPORT
001 0605118OTE OPERATIONAL TEST AND EVALUATION... 119,529 119,529
002 0605131OTE LIVE FIRE TEST AND EVALUATION..... 99,947 99,947
003 0605814OTE OPERATIONAL TEST ACTIVITIES AND 57,718 57,718
ANALYSES.
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 277,194 277,194
..................................
.................................. UNDISTRIBUTED
999 99999999 UNDISTRIBUTED..................... 9,485
.................................. Inflation effects................. [9,485]
.................................. SUBTOTAL UNDISTRIBUTED............ 9,485
..................................
.................................. TOTAL OPERATIONAL TEST & EVAL, 277,194 286,679
DEFENSE.
..................................
.................................. TOTAL RDT&E....................... 130,097,410 138,862,616
----------------------------------------------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2023 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 4,506,811 4,376,811
Program decrease.......... [-130,000]
020 MODULAR SUPPORT BRIGADES...... 177,136 177,136
030 ECHELONS ABOVE BRIGADE........ 894,629 879,629
Unjustified growth........ [-15,000]
040 THEATER LEVEL ASSETS.......... 2,570,949 2,569,449
Increase for Army Caisson [5,000]
platoon facility
improvements..............
Program decrease.......... [-6,500]
050 LAND FORCES OPERATIONS SUPPORT 1,184,230 1,144,230
Program decrease.......... [-40,000]
060 AVIATION ASSETS............... 2,220,817 2,185,817
Program decrease.......... [-35,000]
070 FORCE READINESS OPERATIONS 7,366,299 7,393,698
SUPPORT......................
Army UFR--Arctic OCIE for [32,500]
Alaska bases, Fort Drum,
Fort Carson...............
Army UFR--female/small [32,500]
stature body armor........
Army UFR--initial issue of [8,999]
Extended Cold Weather
Clothing System Layer 1
and 2.....................
Program decrease.......... [-50,000]
Service Tactical SIGINT [3,400]
Upgrades--INDOPACOM UPL...
080 LAND FORCES SYSTEMS READINESS. 483,683 483,683
090 LAND FORCES DEPOT MAINTENANCE. 1,399,173 1,399,173
100 MEDICAL READINESS............. 897,522 897,522
110 BASE OPERATIONS SUPPORT....... 9,330,325 9,286,325
Base Operating Support for [6,000]
AFFF Replacement, mobile
assets and Disposal.......
Program decrease.......... [-50,000]
120 FACILITIES SUSTAINMENT, 4,666,658 5,220,598
RESTORATION & MODERNIZATION..
Increase for Army Caisson [15,000]
platoon facility
improvements..............
Increase for FSRM to 100%. [538,940]
130 MANAGEMENT AND OPERATIONAL 284,483 274,983
HEADQUARTERS.................
Program decrease.......... [-9,500]
140 ADDITIONAL ACTIVITIES......... 450,348 450,348
160 RESET......................... 383,360 383,360
170 US AFRICA COMMAND............. 385,685 445,685
AFRICOM UFR--intelligence, [50,000]
surveillance, and
reconnaissance............
Program increase: [10,000]
USAFRICOM exercise site
surveys...................
180 US EUROPEAN COMMAND........... 359,602 359,602
190 US SOUTHERN COMMAND........... 204,336 208,436
SOUTHCOM enhanced domain [4,100]
awareness.................
200 US FORCES KOREA............... 67,756 67,756
210 CYBERSPACE ACTIVITIES-- 495,066 495,066
CYBERSPACE OPERATIONS........
220 CYBERSPACE ACTIVITIES-- 673,701 673,701
CYBERSECURITY................
230 JOINT CYBER MISSION FORCES.... 178,033 178,033
SUBTOTAL OPERATING FORCES. 39,180,602 39,551,041
MOBILIZATION
240 STRATEGIC MOBILITY............ 434,423 453,213
INDOPACOM UFR--Theater [18,790]
campaigning...............
250 ARMY PREPOSITIONED STOCKS..... 378,494 378,494
260 INDUSTRIAL PREPAREDNESS....... 4,001 4,001
SUBTOTAL MOBILIZATION..... 816,918 835,708
TRAINING AND RECRUITING
270 OFFICER ACQUISITION........... 173,439 173,439
280 RECRUIT TRAINING.............. 78,826 78,826
290 ONE STATION UNIT TRAINING..... 128,117 128,117
300 SENIOR RESERVE OFFICERS 554,992 554,992
TRAINING CORPS...............
310 SPECIALIZED SKILL TRAINING.... 1,115,045 1,115,045
320 FLIGHT TRAINING............... 1,396,392 1,396,392
330 PROFESSIONAL DEVELOPMENT 221,960 221,960
EDUCATION....................
340 TRAINING SUPPORT.............. 717,318 701,318
Program decrease.......... [-16,000]
350 RECRUITING AND ADVERTISING.... 691,053 691,053
360 EXAMINING..................... 192,832 192,832
370 OFF-DUTY AND VOLUNTARY 235,340 235,340
EDUCATION....................
380 CIVILIAN EDUCATION AND 251,378 251,378
TRAINING.....................
390 JUNIOR RESERVE OFFICER 196,088 196,088
TRAINING CORPS...............
SUBTOTAL TRAINING AND 5,952,780 5,936,780
RECRUITING................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
410 SERVICEWIDE TRANSPORTATION.... 662,083 655,083
Program decrease.......... [-7,000]
420 CENTRAL SUPPLY ACTIVITIES..... 822,018 822,018
430 LOGISTIC SUPPORT ACTIVITIES... 806,861 794,861
Program decrease.......... [-12,000]
440 AMMUNITION MANAGEMENT......... 483,187 483,187
450 ADMINISTRATION................ 486,154 486,154
460 SERVICEWIDE COMMUNICATIONS.... 1,871,173 1,856,173
Program decrease.......... [-15,000]
470 MANPOWER MANAGEMENT........... 344,668 344,668
480 OTHER PERSONNEL SUPPORT....... 811,999 811,999
490 OTHER SERVICE SUPPORT......... 2,267,280 2,245,280
Program decrease.......... [-22,000]
500 ARMY CLAIMS ACTIVITIES........ 191,912 191,912
510 REAL ESTATE MANAGEMENT........ 288,942 288,942
520 FINANCIAL MANAGEMENT AND AUDIT 410,983 410,983
READINESS....................
530 DEF ACQUISITION WORKFORCE 38,714 38,714
DEVELOPMENT ACCOUNT..........
540 INTERNATIONAL MILITARY 532,377 532,377
HEADQUARTERS.................
550 MISC. SUPPORT OF OTHER NATIONS 35,709 35,709
590A CLASSIFIED PROGRAMS........... 2,113,196 2,113,196
SUBTOTAL ADMINISTRATION 12,167,256 12,111,256
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
600 UNDISTRIBUTED................. 790,692
Foreign currency [-208,000]
fluctuations..............
Inflation effects......... [1,198,692]
Program decrease [-200,000]
unaccounted for...........
SUBTOTAL UNDISTRIBUTED.... 790,692
TOTAL OPERATION & 58,117,556 59,225,477
MAINTENANCE, ARMY........
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES...... 14,404 14,404
020 ECHELONS ABOVE BRIGADE........ 662,104 662,104
030 THEATER LEVEL ASSETS.......... 133,599 133,599
040 LAND FORCES OPERATIONS SUPPORT 646,693 646,693
050 AVIATION ASSETS............... 128,883 128,883
060 FORCE READINESS OPERATIONS 409,994 409,994
SUPPORT......................
070 LAND FORCES SYSTEMS READINESS. 90,595 90,595
080 LAND FORCES DEPOT MAINTENANCE. 44,453 44,453
090 BASE OPERATIONS SUPPORT....... 567,170 567,170
100 FACILITIES SUSTAINMENT, 358,772 403,772
RESTORATION & MODERNIZATION..
Program increase.......... [45,000]
110 MANAGEMENT AND OPERATIONAL 22,112 22,112
HEADQUARTERS.................
120 CYBERSPACE ACTIVITIES-- 2,929 2,929
CYBERSPACE OPERATIONS........
130 CYBERSPACE ACTIVITIES-- 7,382 7,382
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 3,089,090 3,134,090
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
140 SERVICEWIDE TRANSPORTATION.... 18,994 18,994
150 ADMINISTRATION................ 20,670 20,670
160 SERVICEWIDE COMMUNICATIONS.... 31,652 31,652
170 MANPOWER MANAGEMENT........... 6,852 6,852
180 RECRUITING AND ADVERTISING.... 61,246 61,246
SUBTOTAL ADMINISTRATION 139,414 139,414
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
190 UNDISTRIBUTED................. 33,838
Foreign currency [-10,900]
fluctuations..............
Historical unobligated [-18,000]
balances..................
Inflation effects......... [62,738]
SUBTOTAL UNDISTRIBUTED.... 33,838
TOTAL OPERATION & 3,228,504 3,307,342
MAINTENANCE, ARMY RES....
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS................ 964,237 975,737
Northern Strike........... [11,500]
020 MODULAR SUPPORT BRIGADES...... 214,191 214,191
030 ECHELONS ABOVE BRIGADE........ 820,752 820,752
040 THEATER LEVEL ASSETS.......... 97,184 97,184
050 LAND FORCES OPERATIONS SUPPORT 54,595 54,595
060 AVIATION ASSETS............... 1,169,826 1,160,826
Unjustified growth........ [-9,000]
070 FORCE READINESS OPERATIONS 722,788 722,788
SUPPORT......................
080 LAND FORCES SYSTEMS READINESS. 46,580 46,580
090 LAND FORCES DEPOT MAINTENANCE. 259,765 259,765
100 BASE OPERATIONS SUPPORT....... 1,151,215 1,151,215
110 FACILITIES SUSTAINMENT, 1,053,996 1,184,385
RESTORATION & MODERNIZATION..
Program increase.......... [130,389]
120 MANAGEMENT AND OPERATIONAL 1,148,286 1,148,286
HEADQUARTERS.................
130 CYBERSPACE ACTIVITIES-- 8,715 8,715
CYBERSPACE OPERATIONS........
140 CYBERSPACE ACTIVITIES-- 8,307 8,307
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 7,720,437 7,853,326
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
150 SERVICEWIDE TRANSPORTATION.... 6,961 6,961
160 ADMINISTRATION................ 73,641 79,441
State Partnership Program. [5,800]
170 SERVICEWIDE COMMUNICATIONS.... 100,389 100,389
180 MANPOWER MANAGEMENT........... 9,231 9,231
190 OTHER PERSONNEL SUPPORT....... 243,491 243,491
200 REAL ESTATE MANAGEMENT........ 3,087 3,087
SUBTOTAL ADMINISTRATION 436,800 442,600
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
210 UNDISTRIBUTED................. 74,698
Foreign currency [-29,000]
fluctuations..............
Inflation effects......... [157,698]
Unobligated balances...... [-54,000]
SUBTOTAL UNDISTRIBUTED.... 74,698
TOTAL OPERATION & 8,157,237 8,370,624
MAINTENANCE, ARNG........
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
010 IRAQ.......................... 358,015 322,204
Unjustified request....... [-35,811]
020 SYRIA......................... 183,677 165,309
Unjustified request....... [-18,368]
SUBTOTAL COUNTER ISIS 541,692 487,513
TRAIN AND EQUIP FUND
(CTEF)....................
UNDISTRIBUTED
030 UNDISTRIBUTED................. 15,413
Inflation effects......... [15,413]
SUBTOTAL UNDISTRIBUTED.... 15,413
TOTAL COUNTER ISIS TRAIN 541,692 502,926
AND EQUIP FUND (CTEF)....
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 7,334,452 7,260,452
OPERATIONS...................
Costs associated with [6,000]
restoring 5 LCS...........
Program decrease.......... [-80,000]
020 FLEET AIR TRAINING............ 2,793,739 2,793,739
030 AVIATION TECHNICAL DATA & 65,248 65,248
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 214,767 214,767
SUPPORT......................
050 AIR SYSTEMS SUPPORT........... 1,075,365 1,075,365
060 AIRCRAFT DEPOT MAINTENANCE.... 1,751,737 1,859,137
Aircraft Depot Maintenance [107,100]
Events (Multiple Type/
Model/Series).............
Costs associated with [300]
restoring 5 LCS...........
070 AIRCRAFT DEPOT OPERATIONS 70,319 70,319
SUPPORT......................
080 AVIATION LOGISTICS............ 1,679,193 1,659,193
Historical underexecution. [-20,000]
090 MISSION AND OTHER SHIP 6,454,952 6,624,952
OPERATIONS...................
Costs associated with [10,400]
restoring 5 LCS...........
Navy UFR--ship maintenance [150,000]
in support of INDOPACOM
training and exercises....
Restore USS Ashland....... [14,400]
Restore USS Germantown.... [14,400]
Restore USS Gunston Hall.. [15,400]
Restore USS Tortuga....... [15,400]
Unjustified growth........ [-50,000]
100 SHIP OPERATIONS SUPPORT & 1,183,237 1,183,237
TRAINING.....................
110 SHIP DEPOT MAINTENANCE........ 10,038,261 10,383,061
Costs associated with [90,000]
restoring 5 LCS...........
Navy UFR--ship depot [189,000]
maintenance...............
Restore USS Ashland....... [12,500]
Restore USS Germantown.... [21,400]
Restore USS Gunston Hall.. [12,700]
Restore USS Tortuga....... [12,600]
Restore USS Vicksburg..... [6,600]
120 SHIP DEPOT OPERATIONS SUPPORT. 2,422,095 2,818,495
Restore USS Ashland....... [100,000]
Restore USS Germantown.... [100,000]
Restore USS Gunston Hall.. [100,000]
Restore USS Tortuga....... [67,500]
Restore USS Vicksburg..... [28,900]
130 COMBAT COMMUNICATIONS AND 1,632,824 1,633,324
ELECTRONIC WARFARE...........
INDOPACOM UFR--SIGINT [500]
upgrades..................
140 SPACE SYSTEMS AND SURVEILLANCE 339,103 339,103
150 WARFARE TACTICS............... 881,999 881,999
160 OPERATIONAL METEOROLOGY AND 444,150 444,150
OCEANOGRAPHY.................
170 COMBAT SUPPORT FORCES......... 2,274,710 2,299,777
INDOPACOM UFR--Theater [18,067]
campaigning...............
INDOPACOM UFR: [22,000]
Stormbreaker..............
Program decrease.......... [-15,000]
180 EQUIPMENT MAINTENANCE AND 194,346 194,346
DEPOT OPERATIONS SUPPORT.....
190 CYBER MISSION FORCES.......... 101,049 101,049
200 COMBATANT COMMANDERS CORE 65,893 73,893
OPERATIONS...................
INDOPACOM UFR--Asia [8,000]
Pacific Regional
Initiative................
210 COMBATANT COMMANDERS DIRECT 282,742 316,642
MISSION SUPPORT..............
INDOPACOM UFR--Pacific [2,400]
Movement Coordination
Center....................
INDOPACOM UFR--PMTEC...... [19,000]
MSV--Carolyn Chouest...... [12,500]
230 CYBERSPACE ACTIVITIES......... 477,540 477,540
240 FLEET BALLISTIC MISSILE....... 1,664,076 1,664,076
250 WEAPONS MAINTENANCE........... 1,495,783 1,495,983
Costs associated with [7,200]
restoring 5 LCS...........
Navy UFR--SM-6 expansion [23,000]
of combat usable asset
inventory.................
Program decrease.......... [-30,000]
260 OTHER WEAPON SYSTEMS SUPPORT.. 649,371 649,371
270 ENTERPRISE INFORMATION........ 1,647,834 1,637,834
Unjustified growth........ [-10,000]
280 SUSTAINMENT, RESTORATION AND 3,549,311 3,984,311
MODERNIZATION................
Increase for FSRM to 100%. [435,000]
290 BASE OPERATING SUPPORT........ 5,503,088 5,559,688
Base Operating Support for [16,600]
AFFF Replacement, mobile
assets and Disposal.......
Historical underexecution. [-20,000]
NAS Fallon Range Expansion [60,000]
SUBTOTAL OPERATING FORCES. 56,287,184 57,761,051
MOBILIZATION
300 SHIP PREPOSITIONING AND SURGE. 467,648 526,248
ESD--restore 2 ships...... [58,600]
310 READY RESERVE FORCE........... 683,932 683,932
320 SHIP ACTIVATIONS/INACTIVATIONS 364,096 349,596
Costs associated with [-7,500]
restoring 5 LCS...........
Historical underexecution. [-7,000]
330 EXPEDITIONARY HEALTH SERVICES 133,780 133,780
SYSTEMS......................
340 COAST GUARD SUPPORT........... 21,196 21,196
SUBTOTAL MOBILIZATION..... 1,670,652 1,714,752
TRAINING AND RECRUITING
350 OFFICER ACQUISITION........... 190,578 190,578
360 RECRUIT TRAINING.............. 14,679 14,679
370 RESERVE OFFICERS TRAINING 170,845 170,845
CORPS........................
380 SPECIALIZED SKILL TRAINING.... 1,133,889 1,127,389
Historical underexecution. [-6,500]
390 PROFESSIONAL DEVELOPMENT 334,844 339,144
EDUCATION....................
Navy O&M Training and [4,300]
Recruiting (Sea Cadets)...
400 TRAINING SUPPORT.............. 356,670 356,670
410 RECRUITING AND ADVERTISING.... 204,498 229,798
Navy UFR--Recruiting [25,300]
Command marketing and
advertising...............
420 OFF-DUTY AND VOLUNTARY 89,971 89,971
EDUCATION....................
430 CIVILIAN EDUCATION AND 69,798 69,798
TRAINING.....................
440 JUNIOR ROTC................... 55,194 55,194
SUBTOTAL TRAINING AND 2,620,966 2,644,066
RECRUITING................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
450 ADMINISTRATION................ 1,349,966 1,274,966
Program decrease.......... [-75,000]
460 CIVILIAN MANPOWER AND 227,772 227,772
PERSONNEL MANAGEMENT.........
470 MILITARY MANPOWER AND 667,627 637,627
PERSONNEL MANAGEMENT.........
Program decrease.......... [-30,000]
480 MEDICAL ACTIVITIES............ 284,962 284,962
490 DEF ACQUISITION WORKFORCE 62,824 62,824
DEVELOPMENT ACCOUNT..........
500 SERVICEWIDE TRANSPORTATION.... 207,501 207,501
520 PLANNING, ENGINEERING, AND 554,265 539,265
PROGRAM SUPPORT..............
Historical underexecution. [-15,000]
530 ACQUISITION, LOGISTICS, AND 798,473 798,473
OVERSIGHT....................
540 INVESTIGATIVE AND SECURITY 791,059 791,059
SERVICES.....................
720A CLASSIFIED PROGRAMS........... 628,700 628,700
SUBTOTAL ADMINISTRATION 5,573,149 5,453,149
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
730 UNDISTRIBUTED................. 1,048,224
Foreign currency [-263,300]
fluctuations..............
Inflation effects......... [1,431,524]
Unobligated balances...... [-120,000]
SUBTOTAL UNDISTRIBUTED.... 1,048,224
TOTAL OPERATION & 66,151,951 68,621,242
MAINTENANCE, NAVY........
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 1,740,491 1,729,584
INDOPACOM UFR--Theater [14,093]
campaigning...............
Program decrease.......... [-25,000]
020 FIELD LOGISTICS............... 1,699,425 1,685,766
Unjustified growth........ [-13,659]
030 DEPOT MAINTENANCE............. 221,886 221,886
040 MARITIME PREPOSITIONING....... 139,518 139,518
050 CYBER MISSION FORCES.......... 94,199 94,199
060 CYBERSPACE ACTIVITIES......... 194,904 194,904
070 SUSTAINMENT, RESTORATION & 1,292,219 1,454,219
MODERNIZATION................
Program increase.......... [162,000]
080 BASE OPERATING SUPPORT........ 2,699,487 2,680,487
Historical underexecution. [-19,000]
SUBTOTAL OPERATING FORCES. 8,082,129 8,200,563
TRAINING AND RECRUITING
090 RECRUIT TRAINING.............. 23,217 23,217
100 OFFICER ACQUISITION........... 1,268 1,268
110 SPECIALIZED SKILL TRAINING.... 118,638 118,638
120 PROFESSIONAL DEVELOPMENT 64,626 64,626
EDUCATION....................
130 TRAINING SUPPORT.............. 523,603 517,603
Unjustified growth........ [-6,000]
140 RECRUITING AND ADVERTISING.... 225,759 225,759
150 OFF-DUTY AND VOLUNTARY 51,882 51,882
EDUCATION....................
160 JUNIOR ROTC................... 27,660 27,660
SUBTOTAL TRAINING AND 1,036,653 1,030,653
RECRUITING................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
170 SERVICEWIDE TRANSPORTATION.... 78,542 78,542
180 ADMINISTRATION................ 401,030 401,030
220A CLASSIFIED PROGRAMS........... 62,590 62,590
SUBTOTAL ADMINISTRATION 542,162 542,162
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
230 UNDISTRIBUTED................. 168,819
Foreign currency [-33,800]
fluctuations..............
Inflation effects......... [222,019]
Unobligated balances...... [-19,400]
SUBTOTAL UNDISTRIBUTED.... 168,819
TOTAL OPERATION & 9,660,944 9,942,197
MAINTENANCE, MARINE CORPS
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 669,533 669,533
OPERATIONS...................
020 INTERMEDIATE MAINTENANCE...... 11,134 11,134
030 AIRCRAFT DEPOT MAINTENANCE.... 164,892 164,892
040 AIRCRAFT DEPOT OPERATIONS 494 494
SUPPORT......................
050 AVIATION LOGISTICS............ 25,843 25,843
060 COMBAT COMMUNICATIONS......... 20,135 20,135
070 COMBAT SUPPORT FORCES......... 131,104 131,104
080 CYBERSPACE ACTIVITIES......... 289 289
090 ENTERPRISE INFORMATION........ 27,189 27,189
100 SUSTAINMENT, RESTORATION AND 44,784 50,784
MODERNIZATION................
Program increase.......... [6,000]
110 BASE OPERATING SUPPORT........ 116,374 116,374
SUBTOTAL OPERATING FORCES. 1,211,771 1,217,771
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
120 ADMINISTRATION................ 1,986 1,986
130 MILITARY MANPOWER AND 12,550 12,550
PERSONNEL MANAGEMENT.........
140 ACQUISITION AND PROGRAM 1,993 1,993
MANAGEMENT...................
SUBTOTAL ADMINISTRATION 16,529 16,529
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
160 UNDISTRIBUTED................. 21,792
Foreign currency [-3,900]
fluctuations..............
Inflation effects......... [29,192]
Unobligated balances...... [-3,500]
SUBTOTAL UNDISTRIBUTED.... 21,792
TOTAL OPERATION & 1,228,300 1,256,092
MAINTENANCE, NAVY RES....
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 109,045 109,045
020 DEPOT MAINTENANCE............. 19,361 19,361
030 SUSTAINMENT, RESTORATION AND 45,430 49,811
MODERNIZATION................
Program increase.......... [4,381]
040 BASE OPERATING SUPPORT........ 118,364 118,364
SUBTOTAL OPERATING FORCES. 292,200 296,581
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
050 ADMINISTRATION................ 12,033 12,033
SUBTOTAL ADMINISTRATION 12,033 12,033
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
060 UNDISTRIBUTED................. 1,595
Foreign currency [-3,900]
fluctuations..............
Inflation effects......... [7,995]
Unobligated balances...... [-2,500]
SUBTOTAL UNDISTRIBUTED.... 1,595
TOTAL OPERATION & 304,233 310,209
MAINTENANCE, MC RESERVE..
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 936,731 975,731
Historical underexecution. [-21,000]
Realignment of funds...... [60,000]
020 COMBAT ENHANCEMENT FORCES..... 2,657,865 2,497,865
Program decrease.......... [-100,000]
Realignment of funds...... [-60,000]
030 AIR OPERATIONS TRAINING (OJT, 1,467,518 1,477,518
MAINTAIN SKILLS).............
Contract Adversary Air.... [10,000]
040 DEPOT PURCHASE EQUIPMENT 4,341,794 4,606,794
MAINTENANCE..................
Historical underexecution. [-35,000]
Increase for Weapon System [300,000]
Sustainment...............
050 FACILITIES SUSTAINMENT, 4,091,088 4,605,088
RESTORATION & MODERNIZATION..
Program increase.......... [514,000]
060 CYBERSPACE SUSTAINMENT........ 130,754 223,054
Air Force UFR--Weapon [82,300]
system sustainment........
PACAF cyber operations for [10,000]
base resilient
architecture..............
070 CONTRACTOR LOGISTICS SUPPORT 8,782,940 8,752,940
AND SYSTEM SUPPORT...........
Historical underexecution. [-30,000]
080 FLYING HOUR PROGRAM........... 5,871,718 5,833,718
Program decrease.......... [-38,000]
090 BASE SUPPORT.................. 10,638,741 10,598,741
Base Operating Support for [10,000]
AFFF Replacement, mobile
assets, and Disposal......
Program decrease.......... [-50,000]
100 GLOBAL C3I AND EARLY WARNING.. 1,035,043 1,033,674
Program decrease--early to [-8,500]
need......................
Technical realignment..... [7,131]
110 OTHER COMBAT OPS SPT PROGRAMS. 1,436,329 1,426,329
Historical underexecution. [-10,000]
120 CYBERSPACE ACTIVITIES......... 716,931 716,931
140 LAUNCH FACILITIES............. 690 690
160 US NORTHCOM/NORAD............. 197,210 197,210
170 US STRATCOM................... 503,419 503,419
180 US CYBERCOM................... 436,807 595,907
Cyber partnership [500]
activities with Jordan....
CYBERCOM UFR--Cyber [136,900]
mission force operational
support...................
CYBERCOM UFR--Joint [11,400]
cyberspace warfighting
architecture..............
Hunt Forward operations... [15,300]
Realignment of funds...... [-5,000]
190 US CENTCOM.................... 331,162 331,162
200 US SOCOM...................... 27,318 27,318
220 CENTCOM CYBERSPACE SUSTAINMENT 1,367 1,367
230 USSPACECOM.................... 329,543 329,543
240 JOINT CYBER MISSION FORCE 186,759 191,759
PROGRAMS.....................
Realignment of funds...... [5,000]
240A CLASSIFIED PROGRAMS........... 1,705,801 1,705,801
SUBTOTAL OPERATING FORCES. 45,827,528 46,632,559
MOBILIZATION
250 AIRLIFT OPERATIONS............ 2,780,616 2,799,533
INDOPACOM Theater [18,917]
Campaigning...............
260 MOBILIZATION PREPAREDNESS..... 721,172 706,172
Historical underexecution. [-15,000]
SUBTOTAL MOBILIZATION..... 3,501,788 3,505,705
TRAINING AND RECRUITING
270 OFFICER ACQUISITION........... 189,721 189,721
280 RECRUIT TRAINING.............. 26,684 26,684
290 RESERVE OFFICERS TRAINING 135,515 135,515
CORPS (ROTC).................
300 SPECIALIZED SKILL TRAINING.... 541,511 541,511
310 FLIGHT TRAINING............... 779,625 779,625
320 PROFESSIONAL DEVELOPMENT 313,556 313,556
EDUCATION....................
330 TRAINING SUPPORT.............. 171,087 171,087
340 RECRUITING AND ADVERTISING.... 197,956 197,956
350 EXAMINING..................... 8,282 8,282
360 OFF-DUTY AND VOLUNTARY 254,907 254,907
EDUCATION....................
370 CIVILIAN EDUCATION AND 355,375 355,375
TRAINING.....................
380 JUNIOR ROTC................... 69,964 69,964
SUBTOTAL TRAINING AND 3,044,183 3,044,183
RECRUITING................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
390 LOGISTICS OPERATIONS.......... 1,058,129 1,058,129
400 TECHNICAL SUPPORT ACTIVITIES.. 139,428 139,428
410 ADMINISTRATION................ 1,283,066 1,274,066
Program decrease.......... [-9,000]
420 SERVICEWIDE COMMUNICATIONS.... 33,222 33,222
430 OTHER SERVICEWIDE ACTIVITIES.. 1,790,985 1,790,985
440 CIVIL AIR PATROL.............. 30,526 30,526
460 DEF ACQUISITION WORKFORCE 42,558 42,558
DEVELOPMENT ACCOUNT..........
480 INTERNATIONAL SUPPORT......... 102,065 102,065
480A CLASSIFIED PROGRAMS........... 1,427,764 1,427,764
SUBTOTAL ADMINISTRATION 5,907,743 5,898,743
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
490 UNDISTRIBUTED................. 833,829
Foreign currency [-208,500]
fluctuations..............
Inflation effects......... [1,254,129]
Unobligated balances...... [-211,800]
SUBTOTAL UNDISTRIBUTED.... 833,829
TOTAL OPERATION & 58,281,242 59,915,019
MAINTENANCE, AIR FORCE...
OPERATION & MAINTENANCE, SPACE
FORCE
OPERATING FORCES
010 GLOBAL C3I & EARLY WARNING.... 472,484 472,484
020 SPACE LAUNCH OPERATIONS....... 187,832 187,832
030 SPACE OPERATIONS.............. 695,228 695,228
040 EDUCATION & TRAINING.......... 153,135 153,135
060 DEPOT MAINTENANCE............. 285,863 285,863
070 FACILITIES SUSTAINMENT, 235,253 309,053
RESTORATION & MODERNIZATION..
NORTHCOM UFR--Cheyenne [43,800]
Mountain Complex..........
Program increase.......... [30,000]
080 CONTRACTOR LOGISTICS AND 1,358,565 1,351,565
SYSTEM SUPPORT...............
Program decrease.......... [-7,000]
090 SPACE OPERATIONS -BOS......... 144,937 144,937
090A CLASSIFIED PROGRAMS........... 272,941 272,941
SUBTOTAL OPERATING FORCES. 3,806,238 3,873,038
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
100 ADMINISTRATION................ 228,420 194,687
Technical realignment..... [-33,733]
110 LOGISTICS OPERATIONS.......... 33,733
Technical realignment..... [33,733]
SUBTOTAL ADMINISTRATION 228,420 228,420
AND SERVICE-WIDE
ACTIVITIES................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
120 UNDISTRIBUTED................. 82,920
Foreign currency [-14,100]
fluctuations..............
Inflation effects......... [112,020]
Unobligated balances...... [-15,000]
SUBTOTAL ADMINISTRATION 82,920
AND SERVICE-WIDE
ACTIVITIES................
TOTAL OPERATION & 4,034,658 4,184,378
MAINTENANCE, SPACE FORCE.
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 1,743,908 1,732,908
Unjustified growth........ [-11,000]
020 MISSION SUPPORT OPERATIONS.... 193,568 193,568
030 DEPOT PURCHASE EQUIPMENT 493,664 507,764
MAINTENANCE..................
Air Force UFR--Weapon [14,100]
system sustainment........
040 FACILITIES SUSTAINMENT, 133,782 150,782
RESTORATION & MODERNIZATION..
Program increase.......... [17,000]
050 CONTRACTOR LOGISTICS SUPPORT 341,724 341,724
AND SYSTEM SUPPORT...........
060 BASE SUPPORT.................. 522,195 522,195
070 CYBERSPACE ACTIVITIES......... 1,706 1,706
SUBTOTAL OPERATING FORCES. 3,430,547 3,450,647
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
080 ADMINISTRATION................ 102,038 102,038
090 RECRUITING AND ADVERTISING.... 9,057 9,057
100 MILITARY MANPOWER AND PERS 14,896 14,896
MGMT (ARPC)..................
110 OTHER PERS SUPPORT (DISABILITY 7,544 7,544
COMP)........................
120 AUDIOVISUAL................... 462 462
SUBTOTAL ADMINISTRATION 133,997 133,997
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
130 UNDISTRIBUTED................. 27,565
Foreign currency [-12,500]
fluctuations..............
Inflation effects......... [65,065]
Unobligated balances...... [-25,000]
SUBTOTAL UNDISTRIBUTED.... 27,565
TOTAL OPERATION & 3,564,544 3,612,209
MAINTENANCE, AF RESERVE..
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS........... 2,301,784 2,301,784
020 MISSION SUPPORT OPERATIONS.... 587,793 587,793
030 DEPOT PURCHASE EQUIPMENT 1,193,699 1,253,699
MAINTENANCE..................
Air Force UFR--Weapon [60,000]
system sustainment........
040 FACILITIES SUSTAINMENT, 437,042 492,042
RESTORATION & MODERNIZATION..
Increase for FSRM to 100%. [55,000]
050 CONTRACTOR LOGISTICS SUPPORT 1,284,264 1,269,264
AND SYSTEM SUPPORT...........
Unjustified growth........ [-15,000]
060 BASE SUPPORT.................. 967,169 967,169
070 CYBERSPACE SUSTAINMENT........ 12,661 12,661
080 CYBERSPACE ACTIVITIES......... 15,886 15,886
SUBTOTAL OPERATING FORCES. 6,800,298 6,900,298
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
090 ADMINISTRATION................ 52,075 54,375
State Partnership Program. [2,300]
100 RECRUITING AND ADVERTISING.... 48,306 48,306
SUBTOTAL ADMINISTRATION 100,381 102,681
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
110 UNDISTRIBUTED................. 115,263
Foreign currency [-24,300]
fluctuations..............
Inflation effects......... [149,563]
Unobligated balances...... [-10,000]
SUBTOTAL UNDISTRIBUTED.... 115,263
TOTAL OPERATION & 6,900,679 7,118,242
MAINTENANCE, ANG.........
OPERATION AND MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 445,366 437,366
Unjustified growth........ [-8,000]
020 JOINT CHIEFS OF STAFF--CYBER.. 9,887 9,887
030 JOINT CHIEFS OF STAFF--JTEEP.. 679,336 661,336
Program decrease.......... [-18,000]
040 OFFICE OF THE SECRETARY OF 246,259 273,759
DEFENSE--MISO................
INDOPACOM UFR--Information [27,500]
operations................
050 SPECIAL OPERATIONS COMMAND 2,056,291 2,056,291
COMBAT DEVELOPMENT ACTIVITIES
060 SPECIAL OPERATIONS COMMAND 39,178 39,178
CYBERSPACE ACTIVITIES........
070 SPECIAL OPERATIONS COMMAND 1,513,025 1,523,425
INTELLIGENCE.................
Counter Unmanned Systems [10,400]
(CUxS) Procurement
Acceleration..............
080 SPECIAL OPERATIONS COMMAND 1,207,842 1,247,493
MAINTENANCE..................
Advanced Engine [3,000]
Performance and
Restoration Program
(Nucleated Foam)..........
C-130J Power by the Hour [21,620]
(PBTH) CLS................
Combatant Craft Medium [4,250]
(CCM) Loss Refurbishment..
Counter Unmanned Systems [5,353]
(CUxS) Procurement
Acceleration..............
Maintenance............... [-5,000]
MQ-9 Mallett reprogramming [-5,840]
Program increase.......... [5,000]
Program increase-- [11,268]
multispectral personal
signature management......
090 SPECIAL OPERATIONS COMMAND 196,271 196,271
MANAGEMENT/OPERATIONAL
HEADQUARTERS.................
100 SPECIAL OPERATIONS COMMAND 1,299,309 1,328,909
OPERATIONAL SUPPORT..........
Advana Authoritative Data [8,000]
Management and Analytics..
Enterprise Data [18,000]
Stewardship Program.......
Identity and Signature [3,600]
Management Modernization..
110 SPECIAL OPERATIONS COMMAND 3,314,770 3,351,761
THEATER FORCES...............
Combat Aviation Advisor [18,000]
mission support...........
INDOPACOM UFR: Theater [9,034]
Campaigning...............
Special Operations support [4,246]
to irregular warfare......
Tactical Mission Network [5,711]
Digital Force Protection..
SUBTOTAL OPERATING FORCES. 11,007,534 11,125,676
TRAINING AND RECRUITING
120 DEFENSE ACQUISITION UNIVERSITY 176,454 176,454
130 JOINT CHIEFS OF STAFF......... 101,492 101,492
140 SPECIAL OPERATIONS COMMAND/ 35,279 35,279
PROFESSIONAL DEVELOPMENT
EDUCATION....................
SUBTOTAL TRAINING AND 313,225 313,225
RECRUITING................
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
150 CIVIL MILITARY PROGRAMS....... 139,656 273,156
National Guard Youth [83,500]
Challenge.................
STARBASE.................. [50,000]
170 DEFENSE CONTRACT AUDIT AGENCY. 646,072 636,072
Program decrease.......... [-10,000]
180 DEFENSE CONTRACT AUDIT AGENCY-- 4,107 4,107
CYBER........................
190 DEFENSE CONTRACT MANAGEMENT 1,506,300 1,491,300
AGENCY.......................
Program decrease.......... [-15,000]
200 DEFENSE CONTRACT MANAGEMENT 29,127 29,127
AGENCY--CYBER................
210 DEFENSE COUNTERINTELLIGENCE 983,133 983,133
AND SECURITY AGENCY..........
230 DEFENSE COUNTERINTELLIGENCE 10,245 10,245
AND SECURITY AGENCY--CYBER...
240 DEFENSE HUMAN RESOURCES 935,241 932,241
ACTIVITY.....................
National Language [6,000]
Fellowship Add............
Program decrease.......... [-9,000]
250 DEFENSE HUMAN RESOURCES 26,113 26,113
ACTIVITY--CYBER..............
260 DEFENSE INFORMATION SYSTEMS 2,266,729 2,249,729
AGENCY.......................
Unobligated balances...... [-17,000]
270 DEFENSE INFORMATION SYSTEMS 643,643 643,643
AGENCY--CYBER................
300 DEFENSE LEGAL SERVICES AGENCY. 233,687 233,687
310 DEFENSE LOGISTICS AGENCY...... 429,060 422,560
Unobligated balances...... [-6,500]
320 DEFENSE MEDIA ACTIVITY........ 243,631 236,131
Program decrease.......... [-7,500]
330 DEFENSE POW/MIA OFFICE........ 150,021 150,021
340 DEFENSE SECURITY COOPERATION 2,445,669 2,274,134
AGENCY.......................
International Security [198,465]
Cooperation Programs......
Program adjustment--Border [-75,000]
Security..................
Program adjustment-- [-5,000]
Coalition Support Funds...
Program increase: [10,000]
Irregular Warfare
Functional Center.........
Transfer to Ukraine [-300,000]
Security Assistance
Initiative................
350 DEFENSE TECHNOLOGY SECURITY 40,063 40,063
ADMINISTRATION...............
360 DEFENSE THREAT REDUCTION 941,763 941,763
AGENCY.......................
380 DEFENSE THREAT REDUCTION 56,052 56,052
AGENCY--CYBER................
390 DEPARTMENT OF DEFENSE 3,276,276 3,346,276
EDUCATION ACTIVITY...........
Department of Defense [20,000]
Education Activity (Impact
Aid Students with
Disabilities).............
Department of Defense [50,000]
Education Activity (Impact
Aid)......................
400 MISSILE DEFENSE AGENCY........ 541,787 541,787
430 OFFICE OF THE LOCAL DEFENSE 108,697 128,697
COMMUNITY COOPERATION........
Defense Community [20,000]
Infrastructure Program....
440 OFFICE OF THE SECRETARY OF 2,239,072 2,242,072
DEFENSE......................
Bien Hoa dioxin cleanup... [15,000]
CDC nationwide human [20,000]
health assessment.........
Civilian Harm Mitigation [25,000]
and Response Action Plan
Implementation............
Program decrease.......... [-63,000]
Readiness Environmental [6,000]
Protection Integration
Program...................
450 OFFICE OF THE SECRETARY OF 55,255 55,255
DEFENSE--CYBER...............
500 WASHINGTON HEADQUARTERS 369,943 359,943
SERVICES.....................
Program decrease.......... [-10,000]
500A CLASSIFIED PROGRAMS........... 18,764,415 18,764,415
SUBTOTAL ADMINISTRATION 37,085,757 37,071,722
AND SERVICE-WIDE
ACTIVITIES................
UNDISTRIBUTED
510 UNDISTRIBUTED................. 308,472
Historical unobligated [-487,500]
balances..................
Inflation effects......... [765,972]
Program increase: [30,000]
Congressionally mandated
commissions...............
SUBTOTAL UNDISTRIBUTED.... 308,472
TOTAL OPERATION AND 48,406,516 48,819,095
MAINTENANCE, DEFENSE-WIDE
UKRAINE SECURITY ASSISTANCE
010 UKRAINE SECURITY ASSISTANCE 800,000
INITIATIVE...................
Program increase.......... [500,000]
Transfer from Defense [300,000]
Security Cooperation
Agency....................
SUBTOTAL UKRAINE SECURITY 800,000
ASSISTANCE................
TOTAL UKRAINE SECURITY 800,000
ASSISTANCE...............
US COURT OF APPEALS FOR ARMED
FORCES, DEF
ADMINISTRATION AND ASSOCIATED
ACTIVITIES
010 US COURT OF APPEALS FOR THE 16,003 16,187
ARMED FORCES, DEFENSE........
Inflation effects......... [184]
SUBTOTAL ADMINISTRATION 16,003 16,187
AND ASSOCIATED ACTIVITIES.
TOTAL US COURT OF APPEALS 16,003 16,187
FOR ARMED FORCES, DEF....
DOD ACQUISITION WORKFORCE
DEVELOPMENT FUND
ACQUISITION WORKFORCE
DEVELOPMENT
010 ACQ WORKFORCE DEV FD.......... 53,791 53,791
SUBTOTAL ACQUISITION 53,791 53,791
WORKFORCE DEVELOPMENT.....
TOTAL DOD ACQUISITION 53,791 53,791
WORKFORCE DEVELOPMENT
FUND.....................
OVERSEAS HUMANITARIAN,
DISASTER, AND CIVIC AID
HUMANITARIAN ASSISTANCE
010 OVERSEAS HUMANITARIAN, 112,800 150,000
DISASTER AND CIVIC AID.......
Program increase.......... [37,200]
SUBTOTAL HUMANITARIAN 112,800 150,000
ASSISTANCE................
TOTAL OVERSEAS 112,800 150,000
HUMANITARIAN, DISASTER,
AND CIVIC AID............
COOPERATIVE THREAT REDUCTION
ACCOUNT
010 COOPERATIVE THREAT REDUCTION.. 341,598 354,394
Inflation effects......... [12,796]
SUBTOTAL COOPERATIVE 341,598 354,394
THREAT REDUCTION..........
TOTAL COOPERATIVE THREAT 341,598 354,394
REDUCTION ACCOUNT........
ENVIRONMENTAL RESTORATION,
ARMY
DEPARTMENT OF THE ARMY
050 ENVIRONMENTAL RESTORATION, 196,244 201,828
ARMY.........................
Inflation effects......... [5,584]
SUBTOTAL DEPARTMENT OF THE 196,244 201,828
ARMY......................
TOTAL ENVIRONMENTAL 196,244 201,828
RESTORATION, ARMY........
ENVIRONMENTAL RESTORATION,
NAVY
DEPARTMENT OF THE NAVY
060 ENVIRONMENTAL RESTORATION, 359,348 399,573
NAVY.........................
Inflation effects......... [10,225]
Program increase.......... [30,000]
SUBTOTAL DEPARTMENT OF THE 359,348 399,573
NAVY......................
TOTAL ENVIRONMENTAL 359,348 399,573
RESTORATION, NAVY........
ENVIRONMENTAL RESTORATION, AIR
FORCE
DEPARTMENT OF THE AIR FORCE
070 ENVIRONMENTAL RESTORATION, AIR 314,474 353,423
FORCE........................
Inflation effects......... [8,949]
Program increase.......... [30,000]
SUBTOTAL DEPARTMENT OF THE 314,474 353,423
AIR FORCE.................
TOTAL ENVIRONMENTAL 314,474 353,423
RESTORATION, AIR FORCE...
ENVIRONMENTAL RESTORATION,
DEFENSE
DEFENSE-WIDE
080 ENVIRONMENTAL RESTORATION, 8,924 9,178
DEFENSE......................
Inflation effects......... [254]
SUBTOTAL DEFENSE-WIDE..... 8,924 9,178
TOTAL ENVIRONMENTAL 8,924 9,178
RESTORATION, DEFENSE.....
ENVIRONMENTAL RESTORATION
FORMERLY USED SITES
DEFENSE-WIDE
090 ENVIRONMENTAL RESTORATION 227,262 258,728
FORMERLY USED SITES..........
Inflation effects......... [6,466]
Military Munitions [25,000]
Response Program..........
SUBTOTAL DEFENSE-WIDE..... 227,262 258,728
TOTAL ENVIRONMENTAL 227,262 258,728
RESTORATION FORMERLY USED
SITES....................
SUPPORT FOR INTERNATIONAL
SPORTING COMPETITIONS ,
DEFENSE
OPERATIONS SUPPORT
100 SUPPORT OF INTERNATIONAL 10,377 10,673
SPORTING COMPETITIONS,
DEFENSE......................
Inflation effects......... [296]
SUBTOTAL OPERATIONS 10,377 10,673
SUPPORT...................
TOTAL SUPPORT FOR 10,377 10,673
INTERNATIONAL SPORTING
COMPETITIONS , DEFENSE...
RED HILL RECOVERY FUND
010 RED HILL RECOVERY FUND........ 1,000,000 1,000,000
SUBTOTAL RED HILL RECOVERY 1,000,000 1,000,000
FUND......................
TOTAL RED HILL RECOVERY 1,000,000 1,000,000
FUND.....................
TOTAL OPERATION & 271,218,877 278,792,827
MAINTENANCE..............
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2023 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 164,139,628 162,279,628
Additional BAH Absorption Restoration [250,000]
(2%).................................
BAH Absorption Restoration (1%)....... [244,000]
Historical underexecution............. [-700,000]
Military Personnel, Navy--Restore Navy [190,000]
Force Structure Cuts (Manpower)......
Additional special incentive pays..... [100,000]
Air Force end strength--E-10 Sentry [234,000]
AWACS and medical billets............
Army end strength reduction........... [-2,200,000]
Basic needs allowance................. [12,000]
Home leave demonstration program...... [10,000]
Medicare-Eligible Retiree Health Care 9,743,704 9,743,704
Fund Contributions...................
TOTAL, Military Personnel........... 173,883,332 172,023,332
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2023 Conference
Program Title Request Authorized
------------------------------------------------------------------------
NATIONAL DEFENSE STOCKPILE TRANSACTION
FUND
DEFENSE STOCKPILE..................... 253,500 1,003,500
Program increase................. [750,000]
TOTAL NATIONAL DEFENSE STOCKPILE 253,500 1,003,500
TRANSACTION FUND...................
WORKING CAPITAL FUND, ARMY
ARMY ARSENALS INITIATIVE.............. 28,448 28,448
ARMY SUPPLY MANAGEMENT................ 1,489 1,489
TOTAL WORKING CAPITAL FUND, ARMY... 29,937 29,937
WORKING CAPITAL FUND, AIR FORCE
TRANSPORTATION
SUPPLIES AND MATERIALS................ 80,448 80,448
TOTAL WORKING CAPITAL FUND, AIR 80,448 80,448
FORCE..............................
WORKING CAPITAL FUND, DEFENSE-WIDE
DEFENSE AUTOMATION & PRODUCTION 2 2
SERVICES.............................
DEFENSE INFORMATION SYSTEMS AGENCY
WORKING CAPITAL FUND SUPPORT.......... 8,300 2,508,300
Fuel inflation................... [2,500,000]
TOTAL WORKING CAPITAL FUND, DEFENSE- 8,302 2,508,302
WIDE...............................
WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND SUPPORT.......... 1,211,208 1,435,333
Inflation effects................ [14,125]
Program increase................. [210,000]
TOTAL WORKING CAPITAL FUND, DECA... 1,211,208 1,435,333
CHEM AGENTS & MUNITIONS DESTRUCTION
CHEM DEMILITARIZATION--O&M............ 84,612 84,612
CHEM DEMILITARIZATION--RDT&E.......... 975,206 975,206
CHEM DEMILITARIZATION--PROC
UNDISTRIBUTED......................... 28,929
Inflation effects................ [28,929]
TOTAL CHEM AGENTS & MUNITIONS 1,059,818 1,088,747
DESTRUCTION........................
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT............. 619,474 619,474
DRUG DEMAND REDUCTION PROGRAM......... 130,060 130,060
NATIONAL GUARD COUNTER-DRUG PROGRAM... 100,316 100,316
NATIONAL GUARD COUNTER-DRUG SCHOOLS... 5,878 5,878
UNDISTRIBUTED......................... 18,898
Inflation effects................ [18,898]
TOTAL DRUG INTERDICTION & CTR-DRUG 855,728 874,626
ACTIVITIES, DEF....................
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL--O&M.. 474,650 474,650
OFFICE OF THE INSPECTOR GENERAL--CYBER 1,321 1,321
OFFICE OF THE INSPECTOR GENERAL--RDT&E 1,864 1,864
OFFICE OF THE INSPECTOR GENERAL-- 1,524 1,524
PROCUREMENT..........................
UNDISTRIBUTED......................... 4,932
Inflation effects................ [4,932]
TOTAL OFFICE OF THE INSPECTOR 479,359 484,291
GENERAL............................
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE......................... 9,906,943 9,866,753
Medical care contracts excess [-25,082]
growth...........................
Unjustified growth............... [-15,108]
PRIVATE SECTOR CARE................... 18,455,209 18,442,709
Program decrease................. [-12,500]
CONSOLIDATED HEALTH SUPPORT........... 1,916,366 1,875,949
Unjustified growth............... [-40,417]
INFORMATION MANAGEMENT................ 2,251,151 2,247,789
Unjustified growth............... [-3,362]
MANAGEMENT ACTIVITIES................. 338,678 338,678
EDUCATION AND TRAINING................ 334,845 341,845
TriService Nursing Research [7,000]
Program..........................
BASE OPERATIONS/COMMUNICATIONS........ 2,111,558 2,108,900
Excess growth.................... [-2,658]
R&D RESEARCH.......................... 39,568 44,568
CRDMP Program for Pancreatic [5,000]
Cancer Research..................
R&D EXPLORATRY DEVELOPMENT............ 175,477 175,477
R&D ADVANCED DEVELOPMENT.............. 320,862 333,362
Combat triple negative breast [10,000]
cancer...........................
Post-traumatic stress disorder... [2,500]
R&D DEMONSTRATION/VALIDATION.......... 166,960 166,960
R&D ENGINEERING DEVELOPMENT........... 103,970 103,970
R&D MANAGEMENT AND SUPPORT............ 85,186 85,186
R&D CAPABILITIES ENHANCEMENT.......... 17,971 17,971
PROC INITIAL OUTFITTING............... 21,625 21,625
PROC REPLACEMENT & MODERNIZATION...... 234,157 234,157
PROC JOINT OPERATIONAL MEDICINE 1,467 1,467
INFORMATION SYSTEM...................
PROC MILITARY HEALTH SYSTEM--DESKTOP 72,601 72,601
TO DATACENTER........................
PROC DOD HEALTHCARE MANAGEMENT SYSTEM 240,224 240,224
MODERNIZATION........................
SOFTWARE & DIGITAL TECHNOLOGY PILOT 137,356 137,356
PROGRAMS.............................
TOTAL DEFENSE HEALTH PROGRAM....... 36,932,174 36,857,547
TOTAL OTHER AUTHORIZATIONS......... 40,910,474 44,362,731
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2023 Conference
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
ARMY
Alabama
Army Anniston Army Depot General Purpose Warehouse 0 2,400
(P&D).
Army Redstone Arsenal Building 6231.............. 0 6,000
Army Redstone Arsenal Physics Lab................ 0 44,000
Army Redstone Arsenal Warehouse.................. 0 52,000
Alaska
Army Fort Wainwright Physical Fitness Center.... 0 50,000
Arizona
Army Yuma Proving Ground Cost to Complete: Ready 0 6,500
Building.
Arkansas
Army Pine Bluff Arsenal Access Control Point (P&D). 0 1,800
Bulgaria
Army Novo Selo Training Cost to Complete: EDI- 0 3,640
Area Ammunition Holding Area.
Colorado
Army Fort Carson Fire Station Support 14,200 14,200
Building.
Florida
Army Camp Bull Simons Child Development Center 0 4,750
(P&D).
Georgia
Army Fort Gillem Cost to Complete: Forensic 0 24,700
Laboratory.
Army Fort Gordon Child Development Center 0 5,000
(P&D).
Germany
Army East Camp Grafenwoehr EDI: Battalion Trng Cplx1 104,000 104,000
(Brks/Veh Maint).
Army East Camp Grafenwoehr EDI: Battalion Trng Cplx2 64,000 64,000
(OPS/Veh Maint).
Hawaii
Army Fort Shafter Water System Upgrade....... 0 33,000
Army Schofield Barracks Company Operations 0 25,000
Facilities.
Army Tripler Army Medical Upgrade Potable Water 0 38,000
Center System.
Japan
Army Kadena Air Force Base Vehicle Maintenance Shop... 0 80,000
Kansas
Army Fort Riley (Custer Unaccompanied Enlisted 0 15,930
Hill) Barracks (P&D).
Kentucky
Army Fort Campbell Cost to Complete: Vehicle 0 13,650
Maintenance Shop.
Kwajalein
Army Kwajalein Atoll Medical Clinic............. 69,000 69,000
Louisiana
Army Fort Polk Child Development Center... 32,000 32,000
Army Fort Polk Cost to Complete: Child 0 9,000
Development Center.
Army Fort Polk Cost to Complete: 0 35,360
Information System
Facility.
Army Fort Polk Cost to Complete: Joint 0 61,000
Operations Center.
Maryland
Army Aberdeen Proving Cost to Complete: Test 0 0
Ground Maintenance Fabrication
Facility.
Army Aberdeen Proving Test Maintenance 0 30,000
Ground Fabrication Facility.
Army Aberdeen Proving Test Maintenance 0 7,600
Ground Fabrication Facility (P&D).
Army Fort Meade Cost to Complete: 0 17,550
Cantonment Area Roads.
Mississippi
Army Engineer Research and Lab and Test Building...... 0 20,000
Development Center
Missouri
Army Fort Leonard Wood Central Issue Facility 0 5,300
(P&D).
New Jersey
Army Picatinny Arsenal Precision Munitions Test 0 3,654
Tower.
New Jersey
Army Picatinny Arsenal Igloo Storage Installation. 0 12,000
New Mexico
Army White Sands Missile Missile Assembly Building 0 3,600
Range (P&D).
New York
Army Fort Drum Automated Record Fire Plus 0 3,600
Range.
Army Fort Drum Physical Fitness Testing 0 5,300
Facility (P&D).
Army U.S. Military Academy Engineering Center......... 39,800 39,800
North Carolina
Army Fort Bragg Automated Infantry Platoon 0 1,350
Battle Course (P&D).
Army Fort Bragg Automated Record Fire Range 0 2,000
(P&D).
Army Fort Bragg Child Development Center 0 3,600
(P&D).
Army Fort Bragg Multipurpose Machine Gun 0 1,600
Range (MPMG 2) (P&D).
Army Fort Bragg Multipurpose Training Range 34,000 34,000
Oklahoma
Army Fort Sill Cost to Complete: Advanced 0 85,800
Individual Training
Barracks, Phase 2.
Army McAlester Army Cost to Complete: 0 39,000
Ammunition Plant Ammunition Demolition Shop.
Pennsylvania
Army Letterkenny Army Depot Shipping and Receiving 38,000 38,000
Building.
Texas
Army Corpus Christi Army Powertrain Facility (Engine 103,000 55,000
Depot Assembly).
Army Fort Bliss Fire Station............... 15,000 15,000
Army Fort Hood Automated Infantry Platoon 0 1,220
Battle Course (P&D).
Army Fort Hood Automated Infantry Squad 0 600
Battle Course (P&D).
Army Fort Hood Automated Multipurpose 0 1,240
Machine Gun Range (P&D).
Army Fort Hood Barracks................... 0 19,000
Washington
Army Joint Base Lewis- Barracks................... 49,000 49,000
McChord
Worldwide Unspecified
Army Unspecified Worldwide Child Development Center 0 15,000
Locations Planning & Design Fund.
Army Unspecified Worldwide Cost to Complete: FY21 0 251,860
Locations Inflation Effects.
Army Unspecified Worldwide Cost to Complete: FY22 0 85,200
Locations Inflation Effects.
Army Unspecified Worldwide Cost to Complete: FY23 0 541,080
Locations Inflation Effects.
Army Unspecified Worldwide Exercise-Related Minor 0 10,500
Locations Construction (USARPAC).
Army Unspecified Worldwide Host Nation Support........ 26,000 26,000
Locations
Army Unspecified Worldwide Improving Military 0 20,000
Locations Installation Resilience.
Army Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Army Unspecified Worldwide Lab Revitalization......... 0 30,000
Locations
Army Unspecified Worldwide Planning & Design.......... 167,151 192,151
Locations
Army Unspecified Worldwide Unaccompanied Barracks 0 0
Locations Planning and Design.
Army Unspecified Worldwide Unspecified Minor Military 90,414 110,414
Locations Construction.
........................
Military Construction, Army Total 845,565 2,571,949
......................
NAVY
Arizona
Navy Marine Corps Air Water Treatment (P&D)...... 0 5,000
Station Yuma
Australia
Navy Royal Australian Air PDI: Aircraft Parking Apron 72,446 72,446
Force Base Darwin (INC).
California
Navy Marine Corps Air Range Simulation Training & 120,382 10,382
Ground Combat Center Operations Fac..
Twentynine Palms
Navy Marine Corps Base Camp Basilone Road Realignment.. 85,210 14,768
Pendleton
Navy Marine Corps Base Camp Child Development Center... 0 32,100
Pendleton
Navy Marine Corps Recruit Recruit Barracks........... 0 94,848
Depot San Diego
Navy Naval Air Station F-35C Aircraft Maint. 201,261 41,261
Lemoore Hangar & Airfield Pave.
Navy Naval Base Point Loma Child Development Center... 56,450 64,353
Annex
Navy Naval Base San Diego Floating Dry Dock Mooring 0 9,000
Facility.
Navy Naval Base San Diego Pier 6 Replacement (INC)... 15,565 15,565
Navy Naval Surface Warfare Data Science Analytics and 0 2,845
Center Corona Innovation (P&D).
Division
Navy Naval Surface Warfare Performance Assessment 0 15,000
Center Corona Communications Laboratory.
Division
Connecticut
Navy Naval Submarine Base Relocate Underwater 15,514 15,514
New London Electromagnetic Measure..
Djibouti
Navy Camp Lemonnier Electrical Power Plant..... 0 12,000
Florida
Navy Marine Corps Support Communications 0 5,949
Facility Blount Infrastructure
Island Modernization (P&D).
Navy Naval Air Station Engine Test Cells 86,232 36,232
Jacksonville Modifications.
Navy Naval Air Station Advanced Helicopter 0 141,500
Whiting Field Training System Hangar.
Navy Naval Air Station AHTS Aircraft Flight 57,789 57,789
Whiting Field Simulator Facility.
Georgia
Navy Marine Corps Base Consolidated Communication 0 6,400
Albany Facility (P&D).
Navy Naval Submarine Base Nuclear Regional 213,796 13,796
Kings Bay Maintenance Facility.
Navy Naval Submarine Base Trident Training Fac. 65,375 65,375
Kings Bay Columbia Trainer Expan..
Guam
Navy Marine Corps Base Camp PDI: 9th Eng Supp Battalion 131,590 41,590
Blaz Equip & Main Fac.
Navy Marine Corps Base Camp PDI: 9th Engineer Support 35,188 35,188
Blaz Battalion Ops. Fac..
Navy Marine Corps Base Camp PDI: Brown Tree Snake 14,497 14,497
Blaz Exclusion Barrier South.
Navy Marine Corps Base Camp PDI: Ground Combat Element 149,314 69,314
Blaz Inf Btn 1 & 2 Fac.
Hawaii
Navy Joint Base Pearl Dry Dock 3 Replacement 621,185 446,185
Harbor-Hickam (INC).
Navy Joint Base Pearl Missile Magazines.......... 0 10,000
Harbor-Hickam
Navy Joint Base Pearl Upgrade Main Water Lines-- 0 15,000
Harbor-Hickam DA.
Navy Joint Base Pearl Waterfront Production 0 40,000
Harbor-Hickam Facility (P&D).
Navy Marine Corps Base Bachelor Enlisted Quarters. 0 57,900
Kaneohe Bay
Idaho
Navy Naval Surface Warfare ARD Range Craft Berthing 0 707
Center Carderock Facility (P&D).
Division
Japan
Navy Kadena Air Base PDI: Marine Corps Bachelor 94,100 29,100
Enlisted Quarters.
Navy Kadena Air Base PDI: Marine Corps Barracks 101,300 31,300
Complex.
Maine
Navy Portsmouth Naval Child Development Center 0 2,500
Shipyard (P&D).
Navy Portsmouth Naval Multi-Mission Drydock #1 503,282 503,282
Shipyard Extension (INC).
Maryland
Navy Naval Surface Warfare SFOMF Storage Laboratory... 0 2,073
Center Carderock
Division
Navy Naval Surface Warfare Ship Systems Integration 0 2,650
Center Carderock and Design Facility (P&D).
Division
Navy Naval Surface Warfare Combustion Laboratory...... 0 6,000
Center Indian Head
Division
Navy Naval Surface Warfare Contained Burn Facility 0 0
Center Indian Head (P&D).
Division
Navy Naval Surface Warfare Contained Burn Facility 0 5,415
Center Indian Head (P&D).
Division
Navy Naval Surface Warfare EOD Explosive Testing Range 0 2,039
Center Indian Head 2 Expansion at SN,
Division Building 2107.
Nevada
Navy Naval Air Station F-35C Aircraft Maintenance 97,865 30,865
Fallon Hangar.
Navy Naval Air Station Fallon Range Training 0 48,300
Fallon Complex Land Acquisition
Phase 2.
North Carolina
Navy Marine Corps Air Aircraft Maintenance Hangar 106,000 21,000
Station Cherry Point (INC).
Navy Marine Corps Air CH-53K Gearbox Repair and 38,415 38,415
Station Cherry Point Test Facility.
Navy Marine Corps Air F-35 Flightline Util 58,000 58,000
Station Cherry Point Modernization PH 2 (INC).
Navy Marine Corps Air Three Module Type II Hangar 0 21,000
Station New River
Navy Marine Corps Base Camp Regional Communications 47,475 47,475
Lejeune Station, Hadnot Point.
Pennsylvania
Navy Naval Surface Warfare Machinery Control 0 92,547
Center Philadelphia Developmental Center.
Division
South Carolina
Navy Marine Corps Recruit Recruit Barracks........... 0 37,600
Depot Parris Island
Navy Marine Corps Recruit Recruit Barracks........... 0 38,300
Depot Parris Island
Spain
Navy Naval Station Rota EDI: Missile Magazines..... 0 92,323
Virginia
Navy Naval Air Station Child Development Center 0 1,200
Oceana (P&D).
Navy Naval Station Norfolk Child Development Center 0 2,300
(P&D).
Navy Naval Station Norfolk Submarine Logistics Support 16,863 16,863
Facilities.
Navy Naval Station Norfolk Submarine Pier 3 (INC)..... 155,000 125,000
Navy Naval Surface Warfare Weapons Integration and 0 1,237
Center Dahlgren Test Campus (P&D).
Division
Navy Norfolk Naval Shipyard Dry Dock Saltwater System 47,718 47,718
for CVN-78 (INC).
Navy Naval Surface Warfare Upgrade Electrical 0 2,503
Center Dahlgren Substation 1.
Division
Washington
Navy Naval Air Station E/A-18G Aircraft Flt. Read. 37,461 37,461
Whidbey Island Squad. Train. Fac.
Navy Naval Air Station P-8A Aircraft Airfield 0 68,100
Whidbey Island Pavements Improvements.
Worldwide Unspecified
Navy Unspecified Worldwide Child Development Center 0 15,000
Locations Planning & Design Fund.
Navy Unspecified Worldwide Cost to Complete: FY21 0 99,384
Locations Inflation Effects.
Navy Unspecified Worldwide Cost to Complete: FY22 0 514,892
Locations Inflation Effects.
Navy Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (P&D).
Navy Unspecified Worldwide Cost to Complete: FY23 0 298,433
Locations Inflation Effects.
Navy Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (P&D).
Navy Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (UMMC).
Navy Unspecified Worldwide Improving Military 0 20,000
Locations Installation Resilience.
Navy Unspecified Worldwide INDOPACOM (P&D)............ 0 50,000
Locations
Navy Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Navy Unspecified Worldwide Lab Revitalization......... 0 20,000
Locations
Navy Unspecified Worldwide MCON Planning and Funds.... 397,124 422,124
Locations
Navy Unspecified Worldwide Planning & Design.......... 0 63,400
Locations
Navy Unspecified Worldwide Red Hill (P&D)............. 0 0
Locations
Navy Unspecified Worldwide SIOP Planning & Design..... 0 75,000
Locations
Navy Unspecified Worldwide Unspecified Minor Military 109,994 129,994
Locations Construction.
Navy Unspecified Worldwide USMC Planning & Design..... 0 37,800
Locations
Navy Unspecified Worldwide Water Treatment and 0 0
Locations Distribution
Infrastructure.
........................
Military Construction, Navy Total 3,752,391 4,621,097
......................
AIR FORCE
Alabama
Air Force Maxwell Air Force Base Commercial Vehicle 0 15,000
Inspection Gate.
Alaska
Air Force Clear Space Force LRDR Dormitory............. 68,000 68,000
Station
Air Force Joint Base Elmendorf- Extend Runway 16/34 (INC).. 100,000 100,000
Richardson
Air Force Joint Base Elmendorf- PFAS: Contaminated Soil 0 5,200
Richardson Removal.
Arizona
Air Force Davis-Monthan Air Combat Rescue Helicopter 0 7,500
Force Base Simulator.
Air Force Luke Air Force Base Child Development Center 0 4,750
(P&D).
California
Air Force Air Force Test Center-- Munitions Igloo--East (P&D) 0 650
Edwards Air Force
Base
Air Force Travis Air Force Base KC-46A ADAL B179, Simulator 0 7,500
Facility.
Air Force Vandenberg Space Force GBSD Consolidated 89,000 14,000
Base Maintenance Facility.
Florida
Air Force Air Force Research Shock and Applied Impact 0 530
Laboratory--Eglin Air Laboratory (SAIL) (P&D).
Force Base
Air Force Eglin Air Force Base F-35A ADAL Squadron 0 2,500
Operations (P&D).
Air Force Eglin Air Force Base F-35A Developmental Test 2- 0 4,100
Bay MX Hangar (P&D).
Air Force Eglin Air Force Base F-35A Developmental Test 2- 0 3,700
Bay Test Hangar (P&D).
Air Force Patrick Space Force Consolidated Communications 0 97,000
Base Center.
Air Force Tyndall Air Force Base Cost to Complete--Natural 0 66,000
Disaster Recovery.
Georgia
Air Force Moody Air Force Base 23d Security Forces 0 1,100
Squadron Operations
Facility (P&D).
Air Force Moody Air Force Base Rescue Squadron Guardian 0 5,770
Angel Operations Facility
(P&D).
Hawaii
Air Force Air Force Research Secure Integration Support 0 89,000
Laboratory--Maui Lab W/ Land Acquisition.
Experimental Site #1
Hungary
Air Force Papa Air Base EDI: DABS-FEV Storage...... 71,000 71,000
Iceland
Air Force Naval Air Station EDI: DABS-FEV Storage...... 94,000 94,000
Keflavik
Illinois
Air Force Scott Air Force Base Child Development Center... 0 19,893
Italy
Air Force Aviano Air Base Combat Rescue Helicopter 15,500 15,500
Simulator Facility.
Air Force Aviano Air Base EDI: RADR Storage Facility. 31,000 31,000
Japan
Air Force Kadena Air Base Helicopter Rescue OPS 71,000 71,000
Maintenance Hangar (INC).
Air Force Kadena Air Base PDI: Theater A/C Corrosion 77,000 17,000
Control Ctr (INC).
Air Force Yokota Air Base Cost to Complete: PDI: C- 0 10,000
130J Corrosion Control
Hangar.
Jordan
Air Force Muwaffaq Salti Air Bulk Petroleum/Oil/ 32,000 32,000
Base Lubricants Storage.
Air Force Muwaffaq Salti Air Fuel Cell and Phase 18,000 18,000
Base Maintenance Hangars.
Louisiana
Air Force Barksdale Air Force Weapons Generation Facility 125,000 126,500
Base (INC).
Mariana Islands
Air Force Tinian PDI: Airfield Development 58,000 58,000
Phase 1 (INC).
Air Force Tinian PDI: Fuel Tanks W/Pipeline 92,000 92,000
& Hydrant Sys, INC.
Air Force Tinian PDI: Parking Apron (INC)... 41,000 41,000
Maryland
Air Force Joint Base Andrews Cost to Complete: PAR 0 28,200
Relocate Haz Cargo Pad and
EOD Range.
Massachusetts
Air Force Hanscom Air Force Base MIT-Lincoln Lab (West Lab 30,200 30,200
CSL/MIF), INC.
Nebraska
Air Force Offutt Air Force Base Cost to Complete--Natural 0 235,000
Disaster Recovery.
Nevada
Air Force Nellis Air Force Base Dormitory (P&D)............ 0 7,200
New Mexico
Air Force Cannon Air Force Base Soft Construct Munitions 0 8,000
Storage Area (P&D).
Air Force Holloman Air Force F-16 Formal Training Unit 0 4,140
Base Airfield Requirements
(P&D).
Air Force Holloman Air Force High Speed Test Track (P&D) 0 15,000
Base
Air Force Kirtland Air Force 58th SOW/PJ/CRO Pipeline 0 11,160
Base Dorm (432 RM) (P&D).
Air Force Kirtland Air Force ADAL Systems & Digital 0 2,000
Base Engineering Lab (P&D).
Air Force Kirtland Air Force Explosives Operations 0 540
Base Building (P&D).
Air Force Kirtland Air Force Joint Navigational Warfare 0 4,700
Base Center (P&D).
Air Force Kirtland Air Force Space Rapid Capabilities 0 4,400
Base Office (SPRCO)
Headquarters Facility
(P&D).
New York
Air Force Air Force Research HF Antennas, Newport and 0 4,200
Laboratory--Rome Stockbridge Test Annexes.
Research Site
North Carolina
Air Force Seymour Johnson Air Combat Arms and Maintenance 0 3,300
Force Base Complex (P&D).
Air Force Seymour Johnson Air KC-46 Alert Facility (P&D). 0 530
Force Base
Norway
Air Force Rygge Air Station EDI: Base Perimeter 8,200 8,200
Security Fence.
Ohio
Air Force Wright Patterson Air Child Development Center/ 0 29,000
Force Base School Age Center.
Air Force Wright Patterson Air Human Performance Wing 0 4,000
Force Base Laboratory (P&D).
Oklahoma
Air Force Altus Air Force Base South Gate................. 0 4,750
Air Force Tinker Air Force Base E-7 Operations Center (P&D) 0 15,000
Air Force Tinker Air Force Base Facility and Land 30,000 30,000
Acquisition (MROTC).
Air Force Tinker Air Force Base KC-46A 1-Bay Depot 0 80,000
Corrosion Control Hangar.
Air Force Tinker Air Force Base KC-46A 2-Bay Program Depot 0 90,000
Maintenance Hangar.
Air Force Tinker Air Force Base KC-46A 3-Bay Depot 49,000 49,000
Maintenance Hangar (INC).
Air Force Tinker Air Force Base KC-46A Fuel POL 13,600 13,600
Infrastructure.
South Carolina
Air Force Shaw Air Force Base RAPCON Facility............ 10,000 10,000
South Dakota
Air Force Ellsworth Air Force B-21 2-Bay LO Restoration 91,000 41,000
Base Facility (INC).
Air Force Ellsworth Air Force B-21 Radio Frequency 77,000 84,900
Base Facility.
Air Force Ellsworth Air Force B-21 Weapons Generation 50,000 50,000
Base Facility (INC).
Spain
Air Force Moron Air Base EDI: RADR Storage Facility. 29,000 29,000
Tennessee
Air Force Arnold Air Force Base ARC Heater Test Facility 38,000 38,000
Dragon Fire.
Texas
Air Force Joint Base San Antonio BMT Recruit Dormitory 7 90,000 0
(INC).
Air Force Joint Base San Antonio- Cost to Complete: BMT 0 5,400
Lackland Recruit Dormitory 8.
Air Force Joint Base San Antonio- Child Development Center... 0 29,000
Randolph
United Kingdom
Air Force Royal Air Force Cost to Complete: F-35 PGM 0 3,100
Lakenheath Facility.
Air Force Royal Air Force Cost to Complete: Joint 0 421,000
Molesworth Intelligence Analysis
Complex.
Air Force Royal Air Force Cost to Complete: Joint 0 0
Molesworth Intelligence Analysis
Complex Consolidation, PH3.
Utah
Air Force Hill Air Force Base GBSD Organic Software 95,000 95,000
Sustain Ctr (INC).
Air Force Hill Air Force Base GBSD Technology and 84,000 44,000
Collaboration Center.
Washington
Air Force Fairchild Air Force ADAL KC-135 Flight 0 8,000
Base Simulator.
Air Force Fairchild Air Force Cost to Complete: 0 8,000
Base Consolidate TFI Base
Operations.
Worldwide Unspecified
Air Force Unspecified Worldwide Child Development Center 0 15,000
Locations Planning & Design Fund.
Air Force Unspecified Worldwide Cost to Complete: FY22 0 291,818
Locations Inflation Effects.
Air Force Unspecified Worldwide Cost to Complete: FY23 0 309,441
Locations Inflation Effects.
Air Force Unspecified Worldwide Cost to Complete: Natural 0 0
Locations Disaster Recovery.
Air Force Unspecified Worldwide Improving Military 0 20,000
Locations Installation Resilience.
Air Force Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Air Force Unspecified Worldwide Lab Revitalization......... 0 50,000
Locations
Air Force Unspecified Worldwide Planning & Design.......... 135,794 160,794
Locations
Air Force Unspecified Worldwide VARLOCS CTC................ 0 0
Locations
Air Force Various Worldwide Unspecified Minor Military 66,162 81,162
Locations Construction.
Wyoming
Air Force F.E. Warren Air Force Cost to Complete: Weapons 0 26,000
Base Storage Facility.
Air Force F.E. Warren Air Force GBSD Integrated Command 95,000 45,000
Base Center Wing A.
Air Force F.E. Warren Air Force GBSD Land Acquisition...... 34,000 34,000
Base
Air Force F.E. Warren Air Force GBSD Missile Handling 47,000 47,000
Base Complex Wing A.
Air Force F.E. Warren Air Force Military Working Dog Kennel 0 10,000
Base
........................
Military Construction, Air Force Total 2,055,456 3,827,928
......................
DEFENSE-WIDE
Alabama
Defense-Wide Redstone Arsenal MSIC Advanced Analysis 0 15,000
Facility Phase 2 (INC).
Defense-Wide Redstone Arsenal Backup Power Generation.... 0 10,700
(Missile and Space
Intelligence Center)
California
Defense-Wide Marine Corps Mountain Microgrid and Backup Power. 0 25,560
Warfare Training
Center Bridgeport
Defense-Wide Naval Base Coronado SOF Operations Support 75,712 75,712
Facility.
Defense-Wide Naval Base Ventura Ground Mounted Solar 0 13,360
County, Point Mugu Photovoltaic System.
Delaware
Defense-Wide Dover Air Force Base Armed Services Whole Blood 0 350
Processing Laboratory-East
Replacement (P&D).
Djibouti
Defense-Wide Camp Lemonnier Enhanced Energy Security 0 24,000
and Control Systems.
Florida
Defense-Wide Hurlburt Field SOF Human Performance 9,100 9,100
Training Center.
Defense-Wide MacDill Air Force Base SOF Joint MISO Web 0 8,730
Operations Facility (P&D).
Defense-Wide MacDill Air Force Base SOF Operations Integration 0 50,000
Facility.
Defense-Wide Naval Air Station Facility Energy Operations 0 2,400
Jacksonville Center Renovation.
Defense-Wide Patrick Space Force Underground Electric 0 8,400
Base Distribution System.
Defense-Wide Patrick Space Force Water Distribution Loop.... 0 7,300
Base
Georgia
Defense-Wide Fort Stewart-Hunter Power Generation and 0 25,400
Army Airfield Microgrid.
Defense-Wide Naval Submarine Base SCADA Modernization........ 0 11,200
Kings Bay
Germany
Defense-Wide Baumholder Baumholder Elementary 71,000 106,700
School.
Defense-Wide Baumholder SOF Battalion Annex........ 22,468 22,468
Defense-Wide Baumholder SOF Communications Annex... 9,885 9,885
Defense-Wide Baumholder SOF Operations Annex....... 23,768 23,768
Defense-Wide Baumholder SOF Support Annex.......... 21,902 21,902
Defense-Wide Rhine Ordnance Medical Center Replacement 299,790 299,790
Barracks (INC 10).
Defense-Wide Wiesbaden Clay Kaserne Elementary 60,000 104,779
School.
Guam
Defense-Wide Naval Base Guam Electrical Distribution 0 34,360
System.
Hawaii
Defense-Wide Joint Base Pearl Primary Electrical 0 25,000
Harbor-Hickam Distribution.
Japan
Defense-Wide Fleet Activities Kinnick High School (INC 2) 20,000 20,000
Yokosuka
Defense-Wide Iwakuni PDI: Bulk Storage Tanks PH 85,000 85,000
1.
Defense-Wide Kadena Air Base Lighting Upgrades.......... 0 780
Defense-Wide Yokota Air Base PDI: Bulk Storage Tanks PH 44,000 44,000
I (INC).
Defense-Wide Yokota Air Base PDI: Operations and 72,154 72,154
Warehouse Facilities.
Kansas
Defense-Wide Fort Riley Power Generation and 0 25,780
Microgrid.
Kuwait
Defense-Wide Camp Arifjan Power Generation and 0 26,850
Microgrid.
Maryland
Defense-Wide Bethesda Naval MEDCEN Addition / 75,500 75,500
Hospital Alteration (INC 6).
Defense-Wide Fort Meade NSAW Mission OPS and 140,000 80,000
Records Center (INC).
Defense-Wide Fort Meade NSAW Recap Building 4 (INC) 378,000 318,000
Defense-Wide Fort Meade Reclaimed Water 0 23,310
Infrastructure Expansion.
North Carolina
Defense-Wide Camp Lejeune Lejeune Schools 0 6,600
Modernization (P&D).
Defense-Wide Fort Bragg Albritton Middle School 0 7,500
Addition (P&D).
Defense-Wide Fort Bragg SOF Operations Building.... 18,870 18,870
Defense-Wide Fort Bragg SOF Supply Support Activity 15,600 15,600
South Carolina
Defense-Wide Marine Corps Air Fuel Pier Replacement (P&D) 0 900
Station Beaufort
Defense-Wide Marine Corps Recruit Ambulatory Care Center 0 4,800
Depot Parris Island Replacement (Dental) (P&D).
Texas
Defense-Wide Fort Hood Power Generation and 0 31,500
Microgrid.
Defense-Wide Joint Base San Antonio Ambulatory Care Center 58,600 58,600
Replacement (Dental).
Defense-Wide U.S. Army Reserve Power Generation and 0 9,600
Center, Conroe Microgrid.
Virginia
Defense-Wide Dam Neck SOF Operations Building 26,600 26,600
Addition.
Defense-Wide Naval Support Activity Backup Power Generation.... 0 3,400
Hampton Roads
Defense-Wide Naval Support Activity Primary Distribution 0 19,000
Hampton Roads Substation.
Defense-Wide NCE Springfield, Ft Chilled Water Redundancy... 0 1,100
Belvoir
Defense-Wide Pentagon Commercial Vehicle 18,000 18,000
Inspection Facility.
Worldwide Unspecified
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 233,520
Locations Inflation Effects.
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (DHA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (DIA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (DLA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (DODEA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 81,070
Locations Inflation Effects (ERCIP).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (NSA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (OSD).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (SOCOM).
Defense-Wide Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (WHS).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 120,730
Locations Inflation Effects.
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (DHA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (DLA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (DODEA).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 65,800
Locations Inflation Effects (ERCIP).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (OSD).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (SOCOM).
Defense-Wide Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (WHS).
Defense-Wide Unspecified Worldwide DLA Planning & Design (DLA) 30,000 30,000
Locations
Defense-Wide Unspecified Worldwide EDI: NATO Eastern Flank 0 50,000
Locations Infrastructure Support
(P&D).
Defense-Wide Unspecified Worldwide Energy Resilience and 329,000 0
Locations Conserv. Invest. Prog..
Defense-Wide Unspecified Worldwide Exercise-Related Minor 0 16,130
Locations Construction.
Defense-Wide Unspecified Worldwide Exercise-Related Minor 0 10,100
Locations Construction (EUCOM).
Defense-Wide Unspecified Worldwide Exercise-Related Minor 0 33,360
Locations Construction (INDOPACOM).
Defense-Wide Unspecified Worldwide Exercise-Related Minor 18,644 18,644
Locations Construction (TJS).
Defense-Wide Unspecified Worldwide Exercise-Related Minor 0 500
Locations Construction P&D (EUCOM).
Defense-Wide Unspecified Worldwide Improving Military 0 15,000
Locations Installation Resilience.
Defense-Wide Unspecified Worldwide INDOPACOM- Red Hill Fuel 0 25,000
Locations Distribution (P&D).
Defense-Wide Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Defense-Wide Unspecified Worldwide Planning & Design (Defense- 26,689 51,689
Locations Wide).
Defense-Wide Unspecified Worldwide Planning & Design (DHA).... 33,227 33,227
Locations
Defense-Wide Unspecified Worldwide Planning & Design (DODEA).. 20,086 20,086
Locations
Defense-Wide Unspecified Worldwide Planning & Design (ERCIP).. 224,250 224,250
Locations
Defense-Wide Unspecified Worldwide Planning & Design (MDA).... 47,063 47,063
Locations
Defense-Wide Unspecified Worldwide Planning & Design (NSA).... 9,618 9,618
Locations
Defense-Wide Unspecified Worldwide Planning & Design (SOCOM).. 26,978 26,978
Locations
Defense-Wide Unspecified Worldwide Planning & Design (TJS).... 2,360 2,360
Locations
Defense-Wide Unspecified Worldwide Planning & Design (WHS).... 2,106 2,106
Locations
Defense-Wide Unspecified Worldwide Unspecified Minor Military 3,000 23,000
Locations Construction (Defense-
Wide).
Defense-Wide Unspecified Worldwide Unspecified Minor Military 15,000 15,000
Locations Construction (DHA).
Defense-Wide Unspecified Worldwide Unspecified Minor Military 8,000 8,000
Locations Construction (DODEA).
Defense-Wide Unspecified Worldwide Unspecified Minor Military 0 16,130
Locations Construction (INDOPACOM).
Defense-Wide Unspecified Worldwide Unspecified Minor Military 6,000 6,000
Locations Construction (NSA).
Defense-Wide Unspecified Worldwide Unspecified Minor Military 36,726 36,726
Locations Construction (SOCOM).
Defense-Wide Various Worldwide Unspecified Minor Military 31,702 31,702
Locations Construction (DLA).
........................
Military Construction, Defense-Wide Total 2,416,398 3,183,097
......................
ARMY NATIONAL GUARD
Alaska
Army National Guard Joint Base Elmendorf- Aircraft Maintenance Hangar 0 63,000
Richardson
Arkansas
Army National Guard Camp Robinson Automated Multipurpose 0 9,500
Machine Gun Range.
Delaware
Army National Guard River Road Training National Guard Readiness 16,000 16,000
Site Center.
Florida
Army National Guard Camp Blanding Automated Multipurpose 0 8,500
Machine Gun Range.
Army National Guard Camp Blanding Scout Recce Gunnery Complex 0 16,200
Army National Guard Gainesville National Guard Readiness 0 21,000
Center.
Army National Guard Palm Coast Flagler Rc National Guard Vehicle 12,000 12,000
Fms 9 Maintenance Shop.
Georgia
Army National Guard Fort Gordon National Guard/Reserve 0 2,100
Center Building (P&D).
Hawaii
Army National Guard Kalaeloa National Guard Readiness 29,000 29,000
Center Addition.
Illinois
Army National Guard Chicago National Guard Readiness 0 3,500
Center Alteration (P&D).
Indiana
Army National Guard Atlanta Readiness National Guard Readiness 20,000 20,000
Center Center.
Iowa
Army National Guard West Des Moines Armory National Guard Readiness 15,000 15,000
Center.
Louisiana
Army National Guard Abbeville National Guard Readiness 0 1,650
Center (P&D).
Army National Guard Camp Beauregard Energy Resilience 0 765
Conservation Investment
Program Project (P&D).
Maine
Army National Guard Saco Southern Maine Readiness 0 3,000
Center (P&D).
Army National Guard Woodville Training Range Complex (P&D)........ 0 1,400
Center
Michigan
Army National Guard Grayling Airfield National Guard Readiness 16,000 16,000
Center.
Minnesota
Army National Guard New Ulm Armory and Fms National Guard Readiness 17,000 17,000
Center.
Missouri
Army National Guard Aviation Aircraft Maintenance Hangar 0 5,600
Classification Repair Addition Phase IV (P&D).
Activity Depot
Nevada
Army National Guard Harry Reid Training National Guard Readiness 18,000 18,000
Center Center Add/Alt.
New Hampshire
Army National Guard Concord National Guard Wellness 0 2,000
Center (P&D).
New Mexico
Army National Guard Rio Rancho Vehicle Maintenance Shop 0 600
(P&D).
New York
Army National Guard Glenmore Rd Armory/Fms National Guard Vehicle 17,000 17,000
17 Maintenance Shop.
Army National Guard Lexington Armory National Guard Readiness 0 3,580
Center Addition/
Alteration (P&D).
North Carolina
Army National Guard Mcleansville Camp National Guard Vehicle 15,000 15,000
Burton Road Maintenance Shop.
Army National Guard Morrisville Army Aviation Flight 0 4,500
Facility #1 (P&D).
Oregon
Army National Guard Camp Umatilla Collective Training 0 14,243
Unaccompanied Housing.
Pennsylvania
Army National Guard Fort Indiantown Gap Eastern ARNG Aviation 0 2,700
Training Site (EAATS) Post-
Initial Military Training
Unaccompanied Housing
(P&D).
Army National Guard New Castle National Guard Readiness 0 2,360
Center (P&D).
Puerto Rico
Army National Guard Camp Santiago Joint Engineering/Housing 14,500 14,500
Maneuver Training Maintenance Shops (DPW).
Center
Tennessee
Army National Guard Smyrna Volunteer Army Maintenance Hangar 0 780
Training Site (P&D).
Vermont
Army National Guard Bennington National Guard Readiness 14,800 0
Center.
Army National Guard Ethan Allen Air Force Civil Support Team Facility 0 1,300
Base (P&D).
Army National Guard Ethan Allen Air Force Micro-Grid System (P&D).... 0 1,170
Base
Army National Guard Ethan Allen Firing Cantonment Area for 0 3,500
Range Training (P&D).
Army National Guard Ethan Allen Firing Castle Trail Bypass (All 0 500
Range Season Road) (P&D).
West Virginia
Army National Guard Buckhannon Brushy Fork National Guard Readiness 14,000 14,000
Center Add/Alt.
Army National Guard Martinsburg National Guard Readiness 0 1,500
Center (P&D).
Worldwide Unspecified
Army National Guard Unspecified Worldwide Cost to Complete: FY21 0 63,825
Locations Inflation Effects.
Army National Guard Unspecified Worldwide Cost to Complete: FY22 0 89,786
Locations Inflation Effects.
Army National Guard Unspecified Worldwide Cost to Complete: FY23 0 137,339
Locations Inflation Effects.
Army National Guard Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (P&D).
Army National Guard Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (UMMC).
Army National Guard Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Army National Guard Unspecified Worldwide Planning & Design.......... 28,245 38,245
Locations
Army National Guard Unspecified Worldwide Unaccompanied Barracks 0 15,243
Locations Planning and Design.
Army National Guard Unspecified Worldwide Unspecified Minor Military 35,933 55,933
Locations Construction.
Wyoming
Army National Guard Camp Guernsey Aviation Operations and 0 19,500
Fire Rescue Building.
Army National Guard TS NG Sheridan National Guard Vehicle 14,800 14,800
Maintenance Shop.
........................
Military Construction, Army National Guard Total 297,278 813,119
......................
ARMY RESERVE
California
Army Reserve Camp Pendleton Area Maintenance Support 0 13,000
Activity.
Florida
Army Reserve Perrine Army Reserve Center/AMSA... 46,000 46,000
Georgia
Army Reserve Dobbins Air Reserve Army Reserve Center (P&D).. 0 5,000
Base
Massachusetts
Army Reserve Fort Devens Cost to Complete: Multi- 0 3,000
Purpose Machine Gun Range.
Michigan
Army Reserve Southfield Cost to Complete: Area 0 1,600
Maintenance Shop.
North Carolina
Army Reserve Asheville Cost to Complete: Army 0 2,000
Reserve Center.
Ohio
Army Reserve Wright-Patterson Air Area Maintenance Support 0 16,000
Force Base Activity.
Army Reserve Wright-Patterson Air Cost to Complete: Army 0 2,000
Force Base Reserve Center.
Puerto Rico
Army Reserve Fort Buchanan Army Reserve Center........ 24,000 24,000
Washington
Army Reserve Yakima Equipment Concentration 0 22,000
Site Warehouse.
Wisconsin
Army Reserve Fort McCoy Transient Training Enlisted 0 38,000
Barracks.
Army Reserve Fort McCoy Transient Training Officer 0 26,000
Barracks.
Worldwide Unspecified
Army Reserve Unspecified Worldwide Barracks Planning and 0 3,000
Locations Design.
Army Reserve Unspecified Worldwide Cost to Complete: FY21 0 28,950
Locations Inflation Effects.
Army Reserve Unspecified Worldwide Cost to Complete: FY22 0 16,000
Locations Inflation Effects.
Army Reserve Unspecified Worldwide Cost to Complete: FY23 0 93,000
Locations Inflation Effects.
Army Reserve Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (P&D).
Army Reserve Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (UMMC).
Army Reserve Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Army Reserve Unspecified Worldwide Planning & Design.......... 0 20,000
Locations
Army Reserve Unspecified Worldwide Planning & Design.......... 9,829 29,829
Locations
Army Reserve Unspecified Worldwide Unaccompanied Barracks 0 20,000
Locations Planning and Design.
Army Reserve Unspecified Worldwide Unspecified Minor Military 20,049 40,049
Locations Construction.
........................
Military Construction, Army Reserve Total 99,878 449,428
......................
NAVY RESERVE & MARINE CORPS RESERVE
Hawaii
Navy/Marine Corps Reserve Marine Corps Base C-40 Aircraft Maintenance 0 40,000
Kaneohe Bay Hangar.
Michigan
Navy/Marine Corps Reserve Marine Forces Reserve Organic Supply Facilities.. 0 24,300
Battle Creek
Virginia
Navy/Marine Corps Reserve Marine Forces Reserve G/ATOR Support Facilities.. 0 10,400
Dam Neck Virginia
Beach
Worldwide Unspecified
Navy/Marine Corps Reserve Unspecified Worldwide Cost to Complete: FY22 0 7,854
Locations Inflation Effects.
Navy/Marine Corps Reserve Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects.
Navy/Marine Corps Reserve Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Navy/Marine Corps Reserve Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (UMMC).
Navy/Marine Corps Reserve Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects (P&D).
Navy/Marine Corps Reserve Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (P&D).
Navy/Marine Corps Reserve Unspecified Worldwide MCNR Unspecified Minor 27,747 18,747
Locations Construction.
Navy/Marine Corps Reserve Unspecified Worldwide USMCR Planning & Design.... 2,590 2,590
Locations
........................
Military Construction, Navy Reserve Total 30,337 103,891
......................
AIR NATIONAL GUARD
Alabama
Air National Guard Birmingham Security and Services 7,500 0
International Airport Training Facility.
Air National Guard Montgomery Regional F-35 Weapons Load Crew 0 9,200
Airport Training.
Arizona
Air National Guard Morris Air National Base Entry Complex......... 0 12,000
Guard Base
Air National Guard Tucson International Land Acquisition........... 10,000 10,000
Airport
Florida
Air National Guard Jacksonville F-35 Construct Flight 22,200 22,200
International Airport Simulator Facility.
Air National Guard Jacksonville F-35 Munitions Maintenance 0 530
International Airport & Inspection Facility
(P&D).
Air National Guard Jacksonville F-35 Munitions Storage Area 0 770
International Airport Administration & Pad (P&D).
Illinois
Air National Guard Scott Air Force Base Maintenance Hangar & Shops 0 2,500
(P&D).
Indiana
Air National Guard Fort Wayne Munitions Maintenance & 12,800 12,800
International Airport Storage Complex.
Louisiana
Air National Guard New Orleans Munitions Administrative 0 1,650
Facility (P&D).
Missouri
Air National Guard Jefferson Barracks Air Combat Arms Training and 0 730
Guard Station Maintenance Facility (P&D).
Air National Guard Jefferson Barracks Air Consolidated Air Operations 0 2,100
Guard Station Group (157th Air
Operations Group) (P&D).
Air National Guard Rosecrans Air National Maintenance Hangar (P&D)... 0 3,400
Guard Base
Air National Guard Rosecrans Air National Parking Apron (P&D)........ 0 2,000
Guard Base
New Hampshire
Air National Guard Pease Air National Small Arms Range (P&D)..... 0 2,000
Guard Base
New Jersey
Air National Guard Atlantic City ADAL Main Hangar (P&D)..... 0 3,000
International Airport
Ohio
Air National Guard Rickenbacker Air Small Arms Range........... 0 8,000
National Guard Base
Rhode Island
Air National Guard Quonset State Airport Consolidated Headquarters 0 35,000
Medical & Dining Facility.
Tennessee
Air National Guard McGhee Tyson Airport KC-135 Maintenance Shops... 23,800 23,800
Vermont
Air National Guard Burlington Cyber Operations Squadron 0 1,000
International Airport Building (P&D).
West Virginia
Air National Guard Mclaughlin Air C-130J Apron Expansion..... 0 10,000
National Guard Base
Air National Guard Mclaughlin Air Indoor Small Arms Range 0 640
National Guard Base (P&D).
Air National Guard Mclaughlin Air Squadron Operations 0 1,500
National Guard Base Building (P&D).
Worldwide Unspecified
Air National Guard Unspecified Worldwide Cost to Complete: FY22 0 67,800
Locations Inflation Effects.
Air National Guard Unspecified Worldwide Cost to Complete: FY23 0 33,900
Locations Inflation Effects.
Air National Guard Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Air National Guard Unspecified Worldwide Planning & Design.......... 28,412 40,412
Locations
Air National Guard Unspecified Worldwide Unspecified Minor Military 44,171 57,171
Locations Construction.
........................
Military Construction, Air National Guard Total 148,883 364,103
......................
AIR FORCE RESERVE
Arizona
Air Force Reserve Davis Monthan Air 610th CACS Command & 0 8,000
Force Base Control Facility.
California
Air Force Reserve Beale Air Force Base 940 ARW Squad OPS/AMU...... 33,000 0
Massachusetts
Air Force Reserve Westover Air Reserve Taxiway Golf Extension 0 1,900
Base (P&D).
Mississippi
Air Force Reserve Keesler Air Force Base Aeromedical Evacuation 0 10,000
Training Facility.
New York
Air Force Reserve Niagara Falls Arsenal Combined Operations and 0 2,800
Alert Facility (P&D).
Oklahoma
Air Force Reserve Tinker Air Force Base 10th Flight Test Squadron 0 12,500
Facility.
Virginia
Air Force Reserve Langley Air Force Base Intelligence Group Facility 0 10,500
Worldwide Unspecified
Air Force Reserve Unspecified Worldwide Cost to Complete: FY22 0 11,800
Locations Inflation Effects.
Air Force Reserve Unspecified Worldwide Cost to Complete: FY23 0 37,500
Locations Inflation Effects.
Air Force Reserve Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
Air Force Reserve Unspecified Worldwide Planning & Design.......... 11,773 21,773
Locations
Air Force Reserve Unspecified Worldwide Unspecified Minor Military 11,850 31,850
Locations Construction.
Air Force Reserve Unspecified Worldwide Unspecified UPL Project.... 0 0
Locations
........................
Military Construction, Air Force Reserve Total 56,623 148,623
......................
NATO SECURITY INVESTMENT PROGRAM
Worldwide Unspecified
NATO NATO Security Inflation & Market 0 0
Investment Program Adjustment Fund.
NATO NATO Security NATO Security Investment 210,139 210,139
Investment Program Program.
........................
NATO Security Investment Program Total 210,139 210,139
......................
FAMILY HOUSING CONSTRUCTION, ARMY
Germany
FH Con, Army Baumholder Cost to Complete: FY19 0 48,100
Family Housing New
Construction.
FH Con, Army Baumholder Cost to Complete: FY20 0 57,222
Family Housing New
Construction.
FH Con, Army Baumholder Cost to Complete: FY23 0 16,500
Family Housing New
Construction.
FH Con, Army Baumholder Family Housing Improvements 0 20,000
FH Con, Army Baumholder Family Housing Replacement 57,000 57,000
Construction.
FH Con, Army Vilseck Cost to Complete: Family 0 13,000
Housing New Construction.
Italy
FH Con, Army Vicenza Cost to Complete: FY21 0 16,510
Family Housing New
Construction.
FH Con, Army Vicenza Cost to Complete: FY22 0 7,280
Family Housing New
Construction.
FH Con, Army Vicenza Cost to Complete: FY23 0 27,750
Family Housing New
Construction.
FH Con, Army Vicenza Family Housing New 95,000 40,000
Construction.
Kwajalein
FH Con, Army Kwajalein Atoll Cost to Complete: Family 0 47,060
Housing Replacement.
FH Con, Army Kwajalein Atoll Cost to Complete: Family 0 39,400
Housing Replacement (FY21).
Worldwide Unspecified
FH Con, Army Unspecified Worldwide Cost to Complete: Family 0 138,783
Locations Housing Construction.
FH Con, Army Unspecified Worldwide Cost to Complete: FY21 0 202,682
Locations Inflation Effects.
FH Con, Army Unspecified Worldwide Cost to Complete: FY22 0 29,800
Locations Inflation Effects.
FH Con, Army Unspecified Worldwide Cost to Complete: FY23 0 73,050
Locations Inflation Effects.
FH Con, Army Unspecified Worldwide Cost to Complete: FY23 0 0
Locations Inflation Effects (P&D).
FH Con, Army Unspecified Worldwide Family Housing P&D......... 17,339 17,339
Locations
FH Con, Army Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
........................
Family Housing Construction, Army Total 169,339 851,476
......................
FAMILY HOUSING O&M, ARMY
Worldwide Unspecified
FH Ops, Army Unspecified Worldwide Furnishings................ 22,911 22,911
Locations
FH Ops, Army Unspecified Worldwide Housing Privatization 65,740 70,740
Locations Support.
FH Ops, Army Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
FH Ops, Army Unspecified Worldwide Leasing.................... 127,499 127,499
Locations
FH Ops, Army Unspecified Worldwide Maintenance................ 117,555 117,555
Locations
FH Ops, Army Unspecified Worldwide Management................. 45,718 50,718
Locations
FH Ops, Army Unspecified Worldwide Miscellaneous.............. 559 559
Locations
FH Ops, Army Unspecified Worldwide Services................... 9,580 9,580
Locations
FH Ops, Army Unspecified Worldwide Utilities.................. 46,849 46,849
Locations
........................
Family Housing Operation and Maintenance, Army Total 436,411 446,411
......................
FAMILY HOUSING CONSTRUCTION, NAVY & MARINE CORPS
District of Columbia
FH Con, Navy United States Marine Design..................... 7,043 7,043
Corps Headquarters
FH Con, Navy United States Marine Improvements............... 74,540 74,540
Corps Headquarters
Guam
FH Con, Navy Naval Support Activity Replace Andersen Housing PH 86,390 98,485
Andersen IV.
FH Con, Navy Naval Support Activity Replace Andersen Housing PH 93,259 106,315
Andersen V.
FH Con, Navy Naval Support Activity Replace Andersen Housing PH 68,985 68,985
Andersen VI.
Worldwide Unspecified
FH Con, Navy Unspecified Worldwide Cost to Complete: FY22 0 0
Locations Inflation Effects.
FH Con, Navy Unspecified Worldwide Cost to Complete: FY23 0 45,244
Locations Inflation Effects.
FH Con, Navy Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
FH Con, Navy Unspecified Worldwide USMC DPRI/Guam Planning & 7,080 7,080
Locations Design.
........................
Family Housing Construction, Navy and Marine Corps Total 337,297 407,692
......................
FAMILY HOUSING O&M, NAVY & MARINE CORPS
Worldwide Unspecified
FH Ops, Navy Unspecified Worldwide Furnishings................ 16,182 16,182
Locations
FH Ops, Navy Unspecified Worldwide Housing Privatization 61,605 66,605
Locations Support.
FH Ops, Navy Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
FH Ops, Navy Unspecified Worldwide Leasing.................... 66,333 66,333
Locations
FH Ops, Navy Unspecified Worldwide Maintenance................ 105,470 105,470
Locations
FH Ops, Navy Unspecified Worldwide Management................. 59,312 64,312
Locations
FH Ops, Navy Unspecified Worldwide Miscellaneous.............. 411 411
Locations
FH Ops, Navy Unspecified Worldwide Services................... 16,494 16,494
Locations
FH Ops, Navy Unspecified Worldwide Utilities.................. 42,417 42,417
Locations
........................
Family Housing Operation and Maintenance, Navy and Marine Corps Total 368,224 378,224
......................
FAMILY HOUSING CONSTRUCTION, AIR FORCE
Delaware
FH Con, Air Force Dover Air Force Base MHPI Restructure........... 25,492 25,492
Florida
FH Con, Air Force Tyndall Air Force Base AETC Restructuring......... 150,685 150,685
Illinois
FH Con, Air Force Scott Air Force Base MHPI Restructure........... 52,003 52,003
Japan
FH Con, Air Force Kadena Air Base Family Housing North 0 3,800
Terrance Improvement,
Phase 2 (4 Units).
Maryland
FH Con, Air Force Andrews Air Force Base MHPI Equity Contribution 1,878 1,878
CMSSF House.
Worldwide Unspecified
FH Con, Air Force Unspecified Worldwide Family Housing Construction 0 15,000
P&D.
FH Con, Air Force Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
FH Con, Air Force Unspecified Worldwide Planning & Design.......... 2,730 2,730
Locations
........................
Family Housing Construction, Air Force Total 232,788 251,588
......................
FAMILY HOUSING O&M, AIR FORCE
Worldwide Unspecified
FH Ops, Air Force Unspecified Worldwide Furnishings................ 27,379 27,379
Locations
FH Ops, Air Force Unspecified Worldwide Housing Privatization...... 33,517 38,517
Locations
FH Ops, Air Force Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
FH Ops, Air Force Unspecified Worldwide Leasing.................... 7,882 7,882
Locations
FH Ops, Air Force Unspecified Worldwide Maintenance................ 150,375 150,375
Locations
FH Ops, Air Force Unspecified Worldwide Management................. 77,042 82,042
Locations
FH Ops, Air Force Unspecified Worldwide Miscellaneous.............. 2,240 2,240
Locations
FH Ops, Air Force Unspecified Worldwide Services................... 10,570 10,570
Locations
FH Ops, Air Force Unspecified Worldwide Utilities.................. 46,217 46,217
Locations
........................
Family Housing Operation and Maintenance, Air Force Total 355,222 365,222
......................
FAMILY HOUSING O&M, DEFENSE-WIDE
Worldwide Unspecified
FH Ops, Defense-Wide Unspecified Worldwide Furnishings................ 87 87
Locations
FH Ops, Defense-Wide Unspecified Worldwide Furnishings................ 656 656
Locations
FH Ops, Defense-Wide Unspecified Worldwide Leasing.................... 13,306 13,306
Locations
FH Ops, Defense-Wide Unspecified Worldwide Leasing.................... 31,849 31,849
Locations
FH Ops, Defense-Wide Unspecified Worldwide Maintenance................ 34 34
Locations
FH Ops, Defense-Wide Unspecified Worldwide Utilities.................. 15 15
Locations
FH Ops, Defense-Wide Unspecified Worldwide Utilities.................. 4,166 4,166
Locations
........................
Family Housing Operation and Maintenance, Defense-Wide Total 50,113 50,113
......................
FAMILY HOUSING IMPROVEMENT FUND
Worldwide Unspecified
FHIF Unspecified Worldwide Administrative Expenses-- 6,442 6,442
Locations FHIF.
FHIF Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
........................
Family Housing Improvement Fund Total 6,442 6,442
......................
UNACCOMPANIED HOUSING IMPROVEMENT FUND
Worldwide Unspecified
UHIF Unspecified Worldwide Administrative Expenses-- 494 494
Locations UHIF.
........................
Unaccompanied Housing Improvement Fund Total 494 494
......................
BASE REALIGNMENT AND CLOSURE, ARMY
Worldwide Unspecified
BRAC, Army Unspecified Worldwide Base Realignment & Closure. 67,706 117,706
Locations
BRAC, Army Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
........................
Base Realignment and Closure--Army Total 67,706 117,706
......................
BASE REALIGNMENT AND CLOSURE, NAVY
Worldwide Unspecified
BRAC, Navy Unspecified Worldwide Base Realignment & Closure. 106,664 156,664
Locations
BRAC, Navy Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
........................
Base Realignment and Closure--Navy Total 106,664 156,664
......................
BASE REALIGNMENT AND CLOSURE, AIR FORCE
Worldwide Unspecified
BRAC, Air Force Unspecified Worldwide Base Realignment & Closure. 107,311 157,311
Locations
BRAC, Air Force Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
........................
Base Realignment and Closure--Air Force Total 107,311 157,311
......................
BASE REALIGNMENT AND CLOSURE, DEFENSE-WIDE
Worldwide Unspecified
BRAC, Defense-Wide Unspecified Worldwide Inflation & Market 0 0
Locations Adjustment Fund.
BRAC, Defense-Wide Unspecified Worldwide INT-4: DLA Activities...... 3,006 3,006
Locations
........................
Base Realignment and Closure--Defense-wide Total 3,006 3,006
......................
Total, Military Construction 12,153,965 19,485,723
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2023 Conference
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary by Appropriation
Energy and Water Development and Related
Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy...................... 156,600 156,600
Atomic Energy Defense Activities
National Nuclear Security
Administration:
Weapons Activities................ 16,486,298 17,359,798
Defense Nuclear Nonproliferation.. 2,346,257 2,353,257
Naval Reactors.................... 2,081,445 2,081,445
Federal Salaries and Expenses..... 496,400 496,400
Total, National Nuclear Security 21,410,400 22,290,900
Administration.....................
Defense Environmental Cleanup....... 6,914,532 6,802,611
Defense Uranium Enrichment D&D...... 0 0
Other Defense Activities............ 978,351 978,351
Total, Atomic Energy Defense 29,303,283 30,071,862
Activities...........................
Total, Discretionary Funding.............. 29,459,883 30,228,462
Nuclear Energy
Safeguards and security................. 156,600 156,600
Total, Nuclear Energy..................... 156,600 156,600
National Nuclear Security Administration
Weapons Activities
Stockpile management
Stockpile major modernization
B61 Life extension program.......... 672,019 672,019
W88 Alteration program.............. 162,057 162,057
W80-4 Life extension program........ 1,122,451 1,122,451
W80-4 ALT SLCM...................... 0 20,000
Research and development for a (20,000)
nuclear warhead for a nuclear-
capable sea-launched cruise
missile........................
W87-1 Modification Program.......... 680,127 680,127
W93................................. 240,509 240,509
Subtotal, Stockpile major 2,877,163 2,897,163
modernization........................
Stockpile sustainment..................... 1,321,139 1,321,139
Weapons dismantlement and disposition..... 50,966 50,966
Production operations..................... 630,894 630,894
Nuclear enterprise assurance.............. 48,911 48,911
Total, Stockpile management............. 4,929,073 4,949,073
Production Modernization
Primary Capability Modernization
Plutonium Modernization
Los Alamos Plutonium Modernization
Los Alamos Plutonium Operations. 767,412 767,412
21-D-512, Plutonium Pit 588,234 588,234
Production Project, LANL.......
15-D-302, TA-55 Reinvestments 30,002 30,002
Project, Phase 3, LANL.........
07-D-220-04, Transuranic Liquid 24,759 24,759
Waste Facility, LANL...........
04-D-125, Chemistry and 162,012 162,012
Metallurgy Research Replacement
Project, LANL..................
Subtotal, Los Alamos Plutonium 1,572,419 1,572,419
Modernization....................
Savannah River Plutonium Modernization
Savannah River Plutonium 58,300 58,300
Operations.....................
21-D-511, Savannah River 700,000 1,200,000
Plutonium Processing Facility,
SRS............................
Program increase--glovebox (200,000)
long lead procurement......
Program increase--long lead (100,000)
items......................
Program increase--demolition (165,000)
of MOX buildling...........
Program increase--site prep. (35,000)
Subtotal, Savannah River Plutonium 758,300 1,258,300
Modernization....................
Enterprise Plutonium Support.......... 88,993 88,993
Total, Plutonium Modernization.......... 2,419,712 2,919,712
High Explosives & Energetics
High Explosives & Energetics.... 101,380 101,380
23-D-516, Energetic Materials 19,000 19,000
Characterization Facility, LANL
21-D-510, HE Synthesis, 108,000 133,000
Formulation, and Production, PX
Project risk reduction...... (25,000)
15-D-301, HE Science & 20,000 30,000
Engineering Facility, PX.......
Project risk reduction...... (10,000)
Subtotal, High Explosives & 248,380 283,380
Energetics.......................
Total, Primary Capability Modernization... 2,668,092 3,203,092
Secondary Capability Modernization
Secondary Capability Modernization...... 536,363 544,363
Program increase--calciner.......... (8,000)
18-D-690, Lithium Processing Facility, Y- 216,886 216,886
12.....................................
06-D-141, Uranium Processing Facility, Y- 362,000 362,000
12.....................................
Total, Secondary Capability Modernization. 1,115,249 1,123,249
Tritium and Domestic Uranium Enrichment
Tritium and Domestic Uranium Enrichment. 506,649 506,649
18-D-650, Tritium Finishing Facility, 73,300 73,300
SRS....................................
Total, Tritium and Domestic Uranium 579,949 579,949
Enrichment...............................
Non-Nuclear Capability Modernization...... 123,084 123,084
Capability Based Investments.............. 154,220 154,220
Total, Production Modernization......... 4,640,594 5,183,594
Stockpile research, technology, and
engineering
Assessment Science
Assessment Science.................. 801,668 861,668
Enhanced Capability for (60,000)
Subcritical Experiments (ECSE)
and Hydrodynamic and Subcritical
Experiment Execution Support.....
17-D-640, U1a Complex Enhancements 53,130 53,130
Project, NNSS......................
Total, Assessment Science............. 854,798 914,798
Engineering and integrated assessments 366,455 366,455
Inertial confinement fusion........... 544,095 624,095
Program increase.................... (80,000)
Advanced simulation and computing..... 742,646 842,146
Program increase.................... (99,500)
Weapon technology and manufacturing 286,165 296,165
maturation...........................
Program increase.................... (10,000)
Academic programs..................... 100,499 100,499
Total, Stockpile research, technology, 2,894,658 3,144,158
and engineering........................
Infrastructure and operations
Operating
Operations of facilities............ 1,038,000 1,046,000
Program increase................ (8,000)
Safety and Environmental Operations. 162,000 162,000
Maintenance and Repair of Facilities 680,000 725,000
Deferred maintenance............ (45,000)
Recapitalization
Infrastructure and Safety......... 561,663 561,663
Planning for Programmatic 0 0
Construction (Pre-CD-1)..........
Subtotal, Recapitalization.......... 561,663 561,663
Total, Operating...................... 2,441,663 2,494,663
Mission enabling construction
22-D-514 Digital Infrastructure 67,300 67,300
Capability Expansion...............
22-D-517 Electrical Power Capacity 24,000 24,000
Upgrade, LANL......................
22-D-518 Plutonium Modernization Ops 48,500 48,500
& Waste Mngmt Office Bldg, LANL....
23-D-519 Special Material Facility, 49,500 49,500
Y-12...............................
Total, Mission enabling construction.. 189,300 189,300
Total, Infrastructure and operations.... 2,630,963 2,683,963
Secure transportation asset
Operations and equipment.............. 214,367 214,367
Program direction..................... 130,070 130,070
Total, Secure transportation asset...... 344,437 344,437
Defense nuclear security
Operations and maintenance............ 878,363 878,363
Construction:
17-D-710, West end protected area 3,928 11,928
reduction project, Y-12............
Program increase................ (8,000)
Subtotal, Construction................ 3,928 11,928
Total, Defense nuclear security......... 882,291 890,291
Information technology and cybersecurity.. 445,654 445,654
Legacy contractor pensions and settlement 114,632 114,632
payments.................................
Total, Weapons Activities................. 16,882,302 17,755,802
Adjustments
Use of prior year balances............ -396,004 -396,004
Total, Adjustments........................ -396,004 -396,004
Total, Weapons Activities................. 16,486,298 17,359,798
Defense Nuclear Nonproliferation
Material management and minimization
Conversion (formerly HEU Reactor 153,260 153,260
Conversion)..........................
Nuclear material removal.............. 41,600 41,600
Material disposition.................. 256,025 256,025
Total, Material management & 450,885 450,885
minimization...........................
Global material security
International nuclear security........ 81,155 81,155
Radiological security................. 244,827 244,827
Nuclear smuggling detection and 178,095 178,095
deterrence...........................
Total, Global material security......... 504,077 504,077
Nonproliferation and arms control....... 207,656 207,656
Defense nuclear nonproliferation R&D
Proliferation detection............... 287,283 287,283
Nonproliferation stewardship program.. 109,343 109,343
Nuclear detonation detection.......... 279,205 279,205
Forensics R&D......................... 44,414 44,414
Nonproliferation fuels development.... 0 0
Nuclear Fuels Development............. 0 20,000
Total, Defense Nuclear Nonproliferation 720,245 740,245
R&D....................................
Nonproliferation construction
18-D-150 Surplus Plutonium Disposition 71,764 71,764
Project, SRS.........................
Total, Nonproliferation construction.... 71,764 71,764
NNSA Bioassurance Program............... 20,000 5,000
Program reduction..................... (-15,000)
Legacy contractor pensions and 55,708 55,708
settlement payments....................
Nuclear counterterrorism and incident
response program
Emergency Operations.................. 29,896 29,896
Counterterrorism and 409,074 409,074
Counterproliferation.................
NA-82 Counterproliferation classified 0 2,000
program increase.....................
Total, Nuclear counterterrorism and 438,970 438,970
incident response program..............
Subtotal, Defense Nuclear Nonproliferation 2,469,305 2,476,305
Adjustments
Use of prior year balances............ -123,048 -123,048
Total, Adjustments...................... -123,048 -123,048
Total, Defense Nuclear Nonproliferation... 2,346,257 2,353,257
Naval Reactors
Naval reactors development.............. 798,590 798,590
Columbia-Class reactor systems 53,900 53,900
development............................
S8G Prototype refueling................. 20,000 20,000
Naval reactors operations and 695,165 695,165
infrastructure.........................
Program direction....................... 58,525 58,525
Construction:
23-D-533 BL Component Test Complex.... 57,420 57,420
22-D-532 Security Upgrades KL......... 0 0
22-D-531 KL Chemistry & Radiological 0 0
Health Building......................
14-D-901 Spent Fuel Handling 397,845 397,845
Recapitalization Project, NRF........
21-D-530 KL Steam and Condensate 0 0
Upgrades.............................
Total, Construction..................... 455,265 455,265
Total, Naval Reactors..................... 2,081,445 2,081,445
Federal Salaries and Expenses
Program direction....................... 513,200 513,200
Use of prior year balances.............. -16,800 -16,800
Total, Federal Salaries and Expenses...... 496,400 496,400
TOTAL, National Nuclear Security 21,410,400 22,290,900
Administration...........................
Defense Environmental Cleanup
Closure sites administration.......... 4,067 4,067
Richland
River corridor and other cleanup 135,000 221,000
operations...........................
Program increase.................. (86,000)
Central plateau remediation........... 650,240 672,240
Program increase.................. (22,000)
Richland community and regulatory 10,013 10,013
support..............................
18-D-404 Modification of Waste 3,100 3,100
Encapsulation and Storage Facility...
22-D-401 L-888, 400 Area Fire Station. 3,100 3,100
22-D-402 L-897, 200 Area Water 8,900 8,900
Treatment Facility...................
23-D-404 181D Export Water System 6,770 6,770
Reconfiguration and Upgrade..........
23-D-405 181B Export Water System 480 480
Reconfiguration and Upgrade..........
Total, Richland......................... 817,603 925,603
Office of River Protection:
Waste Treatment Immobilization Plant 462,700 462,700
Commissioning........................
Rad liquid tank waste stabilization 801,100 811,100
and disposition......................
Program increase.................. (10,000)
Construction
23-D-403 Hanford 200 West Area 4,408 4,408
Tank Farms Risk Management
Project..........................
18-D-16 Waste treatment and 0 0
immobilization plant--LBL/Direct
feed LAW.........................
01-D-16D, High-level waste 316,200 358,939
facility.........................
Program increase.............. (42,739)
01-D-16E, Pretreatment Facility... 20,000 20,000
Subtotal, Construction................ 340,608 383,347
ORP Low-level waste offsite disposal.. 0 0
Total, Office of River Protection....... 1,604,408 1,657,147
Idaho National Laboratory:
Idaho cleanup and waste disposition... 350,658 350,658
Idaho community and regulatory support 2,705 2,705
Construction
22-D-403 Idaho Spent Nuclear Fuel 8,000 8,000
Staging Facility.................
22-D-404 Addl ICDF Landfill 8,000 8,000
Disposal Cell and Evaporation
Ponds Project....................
22-D-402 Calcine Construction..... 10,000 10,000
Subtotal, Construction................ 26,000 26,000
Total, Idaho National Laboratory........ 379,363 379,363
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory 1,842 1,842
LLNL Excess Facilities D&D............ 12,004 22,004
Program increase.................. (10,000)
Separations Processing Research Unit.. 15,300 15,300
Nevada Test Site...................... 62,652 62,652
Sandia National Laboratory............ 4,003 4,003
Los Alamos National Laboratory........ 286,316 286,316
Los Alamos Excess Facilities D&D...... 40,519 40,519
Total, NNSA sites and Nevada off-sites.. 422,636 432,636
Oak Ridge Reservation:
OR Nuclear Facility D&D............... 334,221 339,221
Program increase.................. (5,000)
U233 Disposition Program.............. 47,628 47,628
OR cleanup and waste disposition...... 62,000 62,000
Construction
17-D-401 On-site waste disposal 35,000 35,000
facility.........................
14-D-403 Outfall 200 Mercury 0 0
Treatment Facility...............
Subtotal, Construction................ 35,000 35,000
OR community & regulatory support..... 5,300 5,300
OR technology development and 3,000 3,000
deployment...........................
Total, Oak Ridge Reservation............ 487,149 492,149
Savannah River Site:
Savannah River risk management 416,317 460,317
operations...........................
Program increase.................. (44,000)
Savannah River legacy pensions........ 132,294 132,294
Savannah River community and 12,137 12,137
regulatory support...................
Savannah River National Laboratory O&M 41,000 41,000
Construction:
20-D-401 Saltstone Disposal Unit 37,668 37,668
#10, 11, 12......................
19-D-701 SR Security systems 5,000 5,000
replacement......................
18-D-402 Saltstone Disposal Unit 49,832 49,832
#8, 9............................
18-D-402 Emergency Operations 25,568 25,568
Center Replacement, SR...........
Subtotal, Construction................ 118,068 118,068
Radioactive liquid tank waste 851,660 931,000
stabilization........................
Program increase.................. (79,340)
Total, Savannah River Site.............. 1,571,476 1,694,816
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant........... 371,943 371,943
Construction:
15-D-411 Safety significant 59,073 59,073
confinement ventilation system,
WIPP.............................
15-D-412 Exhaust shaft, WIPP...... 25,000 25,000
Program increase.................. 6,000
Total, Construction................... 84,073 90,073
Total, Waste Isolation Pilot Plant...... 456,016 462,016
Program direction--Defense Environmental 317,002 317,002
Cleanup................................
Program support--Defense Environmental 103,239 103,239
Cleanup................................
Safeguards and Security--Defense 309,573 309,573
Environmental Cleanup..................
Technology development and deployment... 25,000 25,000
Federal contribution to the Uranium 417,000 0
Enrichment D&D Fund....................
Program reduction..................... (-417,000)
Subtotal, Defense Environmental Cleanup... 6,914,532 6,802,611
TOTAL, Defense Environmental Cleanup...... 6,914,532 6,802,611
Defense Uranium Enrichment D&D............ 0 0
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and 138,854 138,854
security mission support.............
Program direction..................... 76,685 76,685
Total, Environment, health, safety and 215,539 215,539
security...............................
Office of Enterprise Assessments
Enterprise assessments................ 27,486 27,486
Program direction..................... 57,941 57,941
Total, Office of Enterprise Assessments. 85,427 85,427
Specialized security activities......... 306,067 306,067
Legacy Management
Legacy Management Activities--Defense. 174,163 174,163
Program Direction..................... 21,983 21,983
Total, Legacy Management................ 196,146 196,146
Defense-related administrative support.. 170,695 170,695
Office of hearings and appeals.......... 4,477 4,477
Subtotal, Other defense activities...... 978,351 978,351
Use of prior year balances.............. 0 0
Total, Other Defense Activities........... 978,351 978,351
------------------------------------------------------------------------
DIVISION E--NON-DEPARTMENT OF DEFENSE MATTERS
TITLE LI--VETERANS AFFAIRS MATTERS
Subtitle A--Advisory Committees
Sec. 5101. Annual report from Advisory Committee on Women Veterans.
Sec. 5102. Department of Veterans Affairs Advisory Committee on United
States Outlying Areas and Freely Associated
States.
Subtitle B--Studies and Reports
Sec. 5111. Secretary of Veterans Affairs study on dissemination of
information on Department of Veterans
Affairs home loan benefits.
Sec. 5112. GAO study on post-market surveillance of medical devices by
Department of Veterans Affairs.
Sec. 5113. Department of Veterans Affairs report on supportive services
and housing insecurity.
Sec. 5114. Report on handling of certain records of the Department of
Veterans Affairs.
Subtitle C--Other Matters
Sec. 5121. Improved application of employment and reemployment rights
of all members of uniformed services.
Sec. 5122. Competitive pay for health care providers of Department of
Veterans Affairs.
Sec. 5123. Definition of land use revenue under West Los Angeles
Leasing Act of 2016.
Sec. 5124. Technical corrections to Honoring our PACT Act of 2022.
Sec. 5125. Improving pilot program on acceptance by the Department of
Veterans Affairs of donated facilities and
related improvements.
Sec. 5126. Improvement of Vet Centers at Department of Veterans
Affairs.
Sec. 5127. Information on certain veterans with prior medical
occupations; program on intermediate care
technicians of Department of Veterans
Affairs.
Subtitle A--Advisory Committees
SEC. 5101. ANNUAL REPORT FROM ADVISORY COMMITTEE ON WOMEN VETERANS.
Section 542(c)(1) of title 38, United States Code, is amended by striking
``even-numbered year'' and inserting ``year''.
SEC. 5102. DEPARTMENT OF VETERANS AFFAIRS ADVISORY COMMITTEE ON UNITED STATES
OUTLYING AREAS AND FREELY ASSOCIATED STATES.
(a) Establishment of Advisory Committee.--Subchapter III of chapter 5 of
title 38, United States Code, is amended by adding at the end the following new
section (and conforming the table of sections at the beginning of such chapter
accordingly):
``Sec. 548. Advisory Committee on United States Outlying Areas and Freely
Associated States
``(a) Establishment.--The Secretary shall establish an advisory committee,
to be known as the `Advisory Committee on United States Outlying Areas and
Freely Associated States', to provide advice and guidance to the Secretary on
matters relating to covered veterans.
``(b) Duties.--The duties of the Committee shall be the following:
``(1) To advise the Secretary on matters relating to covered
veterans, including how the Secretary may improve the programs and
services of the Department to better serve such veterans.
``(2) To identify for the Secretary evolving issues of relevance to
covered veterans.
``(3) To propose clarifications, recommendations, and solutions to
address issues raised by covered veterans.
``(4) To provide a forum for covered veterans, veterans service
organizations serving covered veterans, and the Department to discuss
issues and proposals for changes to regulations, policies, and
procedures of the Department.
``(5) To identify priorities for and provide advice to the Secretary
on appropriate strategies for consultation with veterans service
organizations serving covered veterans.
``(6) To encourage the Secretary to work with the heads of other
Federal departments and agencies, and Congress, to ensure covered
veterans are provided the full benefits of their status as covered
veterans.
``(7) To highlight contributions of covered veterans in the Armed
Forces.
``(8) To conduct other duties as determined appropriate by the
Secretary.
``(c) Membership.--(1) The Committee shall be comprised of 15 voting members
appointed by the Secretary.
``(2) In appointing members pursuant to paragraph (1), the Secretary shall
ensure the following:
``(A) At least one member is appointed to represent covered veterans
in each of the following areas:
``(i) American Samoa.
``(ii) Guam.
``(iii) Puerto Rico.
``(iv) The Commonwealth of the Northern Mariana Islands.
``(v) The Virgin Islands of the United States.
``(vi) The Federated States of Micronesia.
``(vii) The Republic of the Marshall Islands.
``(viii) The Republic of Palau.
``(B) Not fewer than half of the members appointed are covered
veterans, unless the Secretary determines that an insufficient number of
qualified covered veterans are available.
``(C) Each member appointed resides in an area specified in
subparagraph (A).
``(3) In appointing members pursuant to paragraph (1), the Secretary may
consult with any Member of Congress who represents an area specified in
paragraph (2)(A).
``(4) In addition to the members appointed pursuant to paragraph (1), the
Committee shall be comprised of such ex officio members as the Secretary of
State and the Secretary of the Interior shall appoint from among employees of
the Department of State and the Department of the Interior, respectively.
``(d) Terms; Vacancies.--(1) A member of the Committee--
``(A) shall be appointed for a term of two years; and
``(B) may be reappointed to serve an additional two-year term.
``(2) Not later than 180 days after the Secretary (or in the case of an ex
officio member, the Secretary of State or the Secretary of the Interior, as the
case may be) receives notice of a vacancy in the Committee, the vacancy shall be
filled in the same manner as the original appointment.
``(e) Meeting Format and Frequency.--(1) Except as provided in paragraph
(2), the Committee shall meet in-person with the Secretary not less frequently
than once each year and hold monthly conference calls as necessary.
``(2) Meetings held under paragraph (1) may be conducted virtually if
determined necessary based on--
``(A) Department protocols; and
``(B) timing and budget considerations.
``(f) Additional Representation.--(1) Representatives of relevant Federal
departments and agencies may attend meetings of the Committee and provide
information to the Committee.
``(2) One representative of the Department shall attend each meeting of the
Committee.
``(3) Representatives attending meetings under this subsection--
``(A) may not be considered voting members of the Committee; and
``(B) may not receive additional compensation for services performed
with respect to the Committee.
``(g) Subcommittees.--(1) The Committee may establish subcommittees.
``(2) The Secretary may, in consultation with the Committee, appoint a
member to a subcommittee established under paragraph (1) who is not a member of
the Committee.
``(3) A subcommittee established under paragraph (1) may enhance the
function of the Committee, but may not supersede the authority of the Committee
or provide direct advice or work products to the Secretary.
``(h) Reports.--(1) Not less frequently than once every two years, the
Committee shall submit to the Secretary and the appropriate congressional
committees a report--
``(A) containing such recommendations as the Committee may have for
legislative or administrative action; and
``(B) describing the activities of the Committee during the previous
two years.
``(2) Not later than 120 days after the date on which the Secretary receives
a report under paragraph (1), the Secretary shall submit to the appropriate
congressional committees a written response to the report after--
``(A) giving the Committee an opportunity to review such written
response; and
``(B) including in such written response any comments the Committee
considers appropriate.
``(3) The Secretary shall make publicly available on an internet website of
the Department--
``(A) each report the Secretary receives under paragraph (1); and
``(B) each written response the Secretary submits under paragraph
(2).
``(i) Committee Personnel Matters.--A member of the Committee shall be
allowed travel expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter 57 of
title 5 while away from the home or regular place of business of the member in
the performance of the duties of the Committee.
``(j) Consultation.--In carrying out this section, the Secretary shall
consult with veterans service organizations serving covered veterans.
``(k) Termination.--The Committee shall terminate on the date that is 10
years after the date of the enactment of this section.
``(l) Definitions.--In this section:
``(1) The term `appropriate congressional committees' means--
``(A) the Committee on Veterans' Affairs of the House of
Representatives; and
``(B) the Committee on Veterans' Affairs of the Senate.
``(2) The term `Committee' means the Advisory Committee on United
States Outlying Areas and Freely Associated States established under
subsection (a).
``(3) The term `covered veteran' means a veteran residing in an area
specified in subsection (c)(2)(A).
``(4) The term `veterans service organization serving covered
veterans' means any organization that--
``(A) serves the interests of covered veterans;
``(B) has covered veterans in substantive and policymaking
positions within the organization; and
``(C) has demonstrated experience working with covered
veterans.''.
(b) Deadline for Establishment.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall establish the
advisory committee required by section 548 of title 38, United States Code, as
added by subsection (a) of this section.
(c) Deadline for Initial Appointments.--Not later than 90 days after the
date on which the Secretary establishes the advisory committee required by such
section 548, the members of such advisory committee shall be appointed.
(d) Initial Meeting.--Not later than 180 days after the date on which the
Secretary establishes the advisory committee required by such section 548, such
advisory committee shall hold its first meeting.
Subtitle B--Studies and Reports
SEC. 5111. SECRETARY OF VETERANS AFFAIRS STUDY ON DISSEMINATION OF INFORMATION
ON DEPARTMENT OF VETERANS AFFAIRS HOME LOAN BENEFITS.
(a) Study.--The Secretary of Veterans Affairs shall conduct a study to
identify the means by which the Secretary informs lenders and veterans about the
availability of loans guaranteed by the Department of Veterans Affairs under
chapter 37 of title 38, United States Code, for any purpose described in section
3710(a) of such title.
(b) Report.--Not later than six months after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall--
(1) submit to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of Representatives a
report on the results of the study conducted under subsection (a); and
(2) make such report publicly available on an appropriate website of
the Department of Veterans Affairs.
SEC. 5112. GAO STUDY ON POST-MARKET SURVEILLANCE OF MEDICAL DEVICES BY
DEPARTMENT OF VETERANS AFFAIRS.
(a) Study.--The Comptroller General of the United States shall conduct a
study on the efforts of the Under Secretary of Veterans Affairs for Health
relating to post-market surveillance of implantable medical devices.
(b) Report.--Not later than one year after the date of the enactment of this
Act, the Comptroller General shall submit to the Committees on Veterans' Affairs
of the House of Representatives and the Senate a report on the findings of the
study under subsection (a). Such report shall include the following:
(1) A description of the process used by the Under Secretary of
Veterans Affairs for Health for documenting implantable medical devices
issued to patients.
(2) An evaluation of the capability of the Under Secretary of
Veterans Affairs for Health to identify, in a timely manner, adverse
events and safety issues relating to implantable medical devices.
(3) An evaluation of the process for, and potential barriers to, the
Under Secretary of Veterans Affairs for Health notifying patients of an
implantable medical device recall.
(4) An evaluation of the accessibility of the adverse event
reporting systems of the Veterans Health Administration for patients
with disabilities.
(5) Recommendations to address gaps in such adverse event reporting
systems, to better identify adverse events and safety issues from
implantable medical devices.
SEC. 5113. DEPARTMENT OF VETERANS AFFAIRS REPORT ON SUPPORTIVE SERVICES AND
HOUSING INSECURITY.
Not later than one year after the date of the enactment of this Act, the
Secretary of Veterans Affairs, in coordination with the Secretary of Housing and
Urban Development and the Secretary of Labor, shall submit to Congress a report
on how often and what type of supportive services (including career transition
and mental health services and services for elderly veterans) are being offered
to and used by veterans, and any correlation between a lack of supportive
services programs and the likelihood of veterans falling back into housing
insecurity. The Secretary of Veterans Affairs shall ensure that any medical
information included in the report is de-identified.
SEC. 5114. REPORT ON HANDLING OF CERTAIN RECORDS OF THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) Report.--Not later than one year after the date of the enactment of this
Act, the Inspector General of the Department of Veterans Affairs, in
coordination with the Secretary of Defense, shall submit to Congress a report on
the extent to which the procedures outlined in provision M21-1 III.ii.2.F.1 of
the Adjudication Procedures Manual of the Department of Veterans Affairs, or any
successor document, are followed in assisting veterans obtain or reconstruct
service records or medical information damaged or destroyed in the fire that
occurred at the National Processing Records Center in St. Louis, Missouri, in
July of 1973.
(b) Elements.--The report under subsection (a) shall include the following
elements:
(1) The determination of the Inspector General as to whether
employees of the Department of Veterans Affairs receive sufficient
training on the procedures specified in such subsection.
(2) The determination of the Inspector General as to whether
veterans are informed of actions necessary to adhere to such procedures.
(3) The percentage of cases regarding such service records and
medical information in which employees of the Department of Veterans
Affairs follow such procedures.
(4) The average duration of time to resolve an issue using such
procedures.
(5) Recommendations on how to improve the implementation of such
procedures.
Subtitle C--Other Matters
SEC. 5121. IMPROVED APPLICATION OF EMPLOYMENT AND REEMPLOYMENT RIGHTS OF ALL
MEMBERS OF UNIFORMED SERVICES.
(a) In General.--Paragraph (5) of section 4303 of title 38, United States
Code, is amended to read as follows:
``(5) The term `Federal executive agency'--
``(A) except as provided in subparagraph (B), includes--
``(i) the United States Postal Service;
``(ii) the Postal Regulatory Commission;
``(iii) any nonappropriated fund instrumentality of
the United States;
``(iv) any Executive agency (as defined in section
105 of title 5); and
``(v) any military department (as defined in section
102 of title 5) with respect to the civilian employees
of that department; and
``(B) does not include--
``(i) an agency referred to in section
2302(a)(2)(C)(ii) of title 5;
``(ii) the National Oceanic and Atmospheric
Administration with respect to members of the
commissioned officer corps of the National Oceanic and
Atmospheric Administration; or
``(iii) the Public Health Service with respect to
members of the Commissioned Corps of the Public Health
Service serving on active duty, active duty for
training, or inactive duty training.''.
(b) Technical Correction.--Paragraph (17) of such section is amended by
striking ``commissioned corps of the Public Health Service'' and inserting
``Commissioned Corps of the Public Health Service''.
SEC. 5122. COMPETITIVE PAY FOR HEALTH CARE PROVIDERS OF DEPARTMENT OF VETERANS
AFFAIRS.
Section 7451(c) of title 38, United States Code, is amended by adding at the
end the following new paragraph:
``(4)(A) The director of each medical center of the Department shall submit
to the Secretary an annual locality pay survey and rates of basic pay for
covered positions at such medical center to ensure that pay rates remain
competitive in the local labor market.
``(B) Not less than once per fiscal year, the Secretary shall submit to the
Committees on Veterans' Affairs of the House of Representatives and the Senate a
report on rates of basic pay for covered positions at medical centers of the
Department.''.
SEC. 5123. DEFINITION OF LAND USE REVENUE UNDER WEST LOS ANGELES LEASING ACT OF
2016.
Section 2(d)(2) of the West Los Angeles Leasing Act of 2016 (Public Law 114-
226) is amended--
(1) in subparagraph (A), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating subparagraph (B) as subparagraph (C); and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) to the extent specified in advance in an
appropriations Act for a fiscal year, any funds received as
compensation for an easement described in subsection (e); and''.
SEC. 5124. TECHNICAL CORRECTIONS TO HONORING OUR PACT ACT OF 2022.
(a) Presumption of Service Connection for Certain Diseases Associated With
Exposure to Burn Pits and Other Toxins.--Section 1120(b)(2) of title 38, United
States Code, is amended--
(1) by striking subparagraph (G); and
(2) by redesignating subparagraphs (H) through (K) as subparagraphs
(G) through (J), respectively.
(b) Congressional Approval of Certain Medical Facility Acquisitions.--
Section 703(c)(5)(C) of the Honoring our PACT Act of 2022 (Public Law 117-168;
136 Stat. 1797) is amended to read as follows:
``(C) by striking `or a major medical facility lease (as
defined in subsection (a)(3)(B))';''.
(c) Use of Competitive Procedures to Acquire Space for the Purpose of
Providing Health-care Resources to Veterans.--Section 8103(h)(1) of title 38,
United States Code, is amended by striking ``section 2304 of title 10'' and
inserting ``section 3301 of title 41''.
(d) Effective Date.--The amendments made by this section shall take effect
as if included in the enactment of the Honoring our PACT Act of 2022 (Public Law
117-168).
SEC. 5125. IMPROVING PILOT PROGRAM ON ACCEPTANCE BY THE DEPARTMENT OF VETERANS
AFFAIRS OF DONATED FACILITIES AND RELATED IMPROVEMENTS.
(a) In General.--Section 2 of the Communities Helping Invest through
Property and Improvements Needed for Veterans Act of 2016 (Public Law 114-294;
38 U.S.C. 8103 note) is amended--
(1) in subsection (b)(1)(A), by inserting before the semicolon the
following: ``or for which funds are available from the Construction,
Minor Projects, or Construction, Major Projects appropriations
accounts'';
(2) in subsection (e)(1)--
(A) in subparagraph (A)--
(i) by striking ``The Secretary'' and inserting
``Except as otherwise provided in this paragraph, the
Secretary''; and
(ii) by inserting ``or funds already generally
available in the Construction, Minor Projects, or
Construction, Major Projects appropriations accounts''
after ``that are in addition to the funds appropriated
for the facility'';
(B) in subparagraph (B), by striking ``subparagraph (A)''
and inserting ``this paragraph'';
(C) by redesignating subparagraph (B) as subparagraph (F);
and
(D) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) Unobligated amounts.--The Secretary may provide
additional funds to help an entity described in subsection
(a)(2) finance, design, or construct a facility in connection
with real property and improvements to be donated under the
pilot program and proposed to be accepted by the Secretary under
subsection (b)(1)(B) if--
``(i) the Secretary determines that doing so is in
the best interest of the Department and consistent with
the mission of the Department; and
``(ii) funding provided under this subparagraph--
``(I) is in addition to amounts that have
been appropriated for the facility before the
date on which the Secretary and the entity enter
into a formal agreement under subsection (c) for
the construction and donation of the real
property and improvements; and
``(II) is derived only from amounts that--
``(aa) are unobligated balances
available in the Construction, Minor
Projects, or Construction, Major
Projects appropriations accounts of the
Department that--
``(AA) are not associated
with a specific project; or
``(BB) are amounts that are
associated with a specific
project, but are unobligated
because they are the result of
bid savings; and
``(bb) were appropriated to such an
account before the date described in
subclause (I).
``(C) Escalation clauses.--
``(i) In general.--The Secretary may include an
escalation clause in a formal agreement under subsection
(c) that authorizes an escalation of not more than an
annual amount based on a rate established in the formal
agreement and mutually agreed upon by the Secretary and
an entity to account for inflation for an area if the
Secretary determines, after consultation with the head
of an appropriate Federal entity that is not part of the
Department, that such escalation is necessary and in the
best interest of the Department.
``(ii) Use of existing amounts.--The Secretary may
obligate funds pursuant to clause (i) in connection with
a formal agreement under subsection (c) using amounts
that--
``(I) are unobligated balances available in
the Construction, Minor Projects, or
Construction, Major Projects appropriations
accounts of the Department that--
``(aa) are not associated with a
specific project; or
``(bb) are amounts that are
associated with a specific project, but
are unobligated because they are the
result of bid savings; and
``(II) were appropriated to such an account
before the date on which the Secretary and the
entity entered into the formal agreement.
``(D) Availability.--Unobligated amounts shall be available
pursuant to subparagraphs (B) and (C) only to the extent and in
such amounts as provided in advance in appropriations Acts
subsequent to the date of the enactment of this subparagraph,
subject to subparagraph (E).
``(E) Limitation.--Unobligated amounts made available
pursuant to subparagraphs (B) and (C) may not exceed 40 percent
of the amount appropriated for the facility before the date on
which the Secretary and the entity entered into a formal
agreement under subsection (c).''; and
(3) in subsection (j)--
(A) by striking ``Rule'' and inserting ``Rules'';
(B) by striking ``Nothing in'' and inserting the following:
``(1) Entering arrangements and agreements.--Nothing in''; and
(C) by adding at the end the following new paragraph:
``(2) Treatment of assistance.--Nothing provided under this section
shall be treated as Federal financial assistance as defined in section
200.40 of title 2, Code of Federal Regulations, as in effect on February
21, 2021.''.
(b) Amendments to Existing Agreements.--Each agreement entered into under
section (2)(c) of such Act before the date of the enactment of this Act that was
in effect on the date of the enactment of this Act may be amended to incorporate
terms authorized by subparagraphs (B) and (C) of section 2(e)(1) of such Act, as
added by subsection (a)(2)(D) of this section.
SEC. 5126. IMPROVEMENT OF VET CENTERS AT DEPARTMENT OF VETERANS AFFAIRS.
(a) Productivity Expectations for Readjustment Counselors of Vet Centers.--
(1) Evaluation of productivity expectations.--Not later than one
year after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall evaluate productivity expectations for
readjustment counselors of Vet Centers, including by obtaining
systematic feedback from counselors on such expectations, including with
respect to following:
(A) Any potential effects of productivity expectations,
whether positive or negative, on client care and the welfare of
readjustment counselors.
(B) Distances readjustment counselors may travel to
appointments, especially with respect to serving rural veterans.
(C) The possibility that some veterans may not want to use
nor benefit from telehealth or group counseling.
(D) Availability and access of veteran populations to
broadband and telehealth.
(E) Any effect of productivity expectations on readjustment
counselors, including with respect to recruitment, retention,
and welfare.
(F) Whether productivity expectations provide incentives or
pressure to inaccurately report client visits.
(G) Whether directors and readjustment counselors of Vet
Centers need additional training or guidance on how productivity
expectations are calculated.
(H) Such other criteria as the Secretary considers
appropriate.
(2) Systematic feedback.--
(A) In general.--The Secretary shall--
(i) make every effort to ensure that all
readjustment counselors of Vet Centers are given the
opportunity to fully provide feedback, positive or
negative, including through a survey containing open-
and close-ended questions, on all items under paragraph
(1);
(ii) in obtaining feedback under paragraph (1),
ensure that the items under paragraph (1) are adequately
and completely addressed in a way that permits responses
to be relevant to the evaluation of productivity
expectations;
(iii) collect and safely store the feedback obtained
under paragraph (1)--
(I) in an electronic database that cannot be
altered by any party;
(II) in an anonymized manner, in order to
protect the privacy of each respondent; and
(III) in a manner that allows for evaluation
by third parties of the feedback, such as audit
of the feedback by the Government Accountability
Office; and
(iv) provide the feedback obtained under paragraph
(1) in an anonymized manner to the working group
established under subsection (c).
(B) Government accountability office audit.--Not less
frequently than once each year during the five-year period
beginning on the date of the enactment of this Act, the
Comptroller General of the United States shall audit the
feedback obtained from readjustment counselors of Vet Centers
under paragraph (1).
(3) Implementation of changes.--Not later than 90 days after the
date of the completion of the evaluation required by paragraph (1), the
Secretary shall implement any needed changes to the productivity
expectations described in such paragraph in order to ensure--
(A) quality of care and access to care for veterans; and
(B) the welfare of readjustment counselors.
(4) Report to congress.--Not later than 180 days after the date of
the completion of the evaluation required by paragraph (1), the
Secretary shall submit to Congress a report on--
(A) the findings of the evaluation; and
(B) any planned or implemented changes described in
paragraph (3).
(5) Plan for reassessment and implementation.--
(A) Plan.--Not later than one year after the date of the
enactment of this Act, the Secretary shall develop and implement
a plan for--
(i) reassessing productivity expectations for
readjustment counselors of Vet Centers, in consultation
with such counselors; and
(ii) implementing any needed changes to such
expectations, as the Secretary determines appropriate.
(B) Reassessments.--Under the plan required by subparagraph
(A), the Secretary shall conduct a reassessment described in
such paragraph not less frequently than once each year.
(b) Staffing Model for Vet Centers.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall develop
and implement a staffing model for Vet Centers that incorporates key
practices in the design of such staffing model.
(2) Elements.--In developing the staffing model under paragraph (1),
the Secretary shall--
(A) involve key stakeholders, including readjustment
counselors, outreach specialists, and directors of Vet Centers;
(B) incorporate key work activities and the frequency and
time required to conduct such activities;
(C) ensure the data used in the model is high quality to
provide assurance that staffing estimates are reliable; and
(D) incorporate--
(i) risk factors, including case complexity;
(ii) geography;
(iii) availability, advisability, and willingness of
veterans to use telehealth or group counseling; and
(iv) such other factors as the Secretary considers
appropriate.
(3) Plan for assessments and updates.--Not later than one year after
the date of the enactment of this Act, the Secretary shall develop a
plan for--
(A) assessing and updating the staffing model developed and
implemented under paragraph (1) not less frequently than once
every four years; and
(B) implementing any needed changes to such model, as the
Secretary determines appropriate.
(c) Working Group of Readjustment Counselors, Outreach Specialists, and
Directors of Vet Centers.--
(1) In general.--In conducting the evaluation of productivity
expectations under subsection (a) (1) and developing the staffing model
for Vet Centers under subsection (b)(1), the Secretary of Veterans
Affairs shall establish a working group to assess--
(A) the efficacy, impact, and composition of performance
metrics for such expectations with respect to--
(i) quality of care and access to care for veterans;
and
(ii) the welfare of readjustment counselors and
other employees of Vet Centers; and
(B) key considerations for the development of such staffing
model, including with respect to--
(i) quality of care and access to care for veterans
and other individuals eligible for care through Vet
Centers; and
(ii) recruitment, retention, and welfare of
employees of Vet Centers.
(2) Membership.--The working group established under paragraph (1)
shall be composed of readjustment counselors, outreach specialists, and
directors of Vet Centers.
(3) Feedback and recommendations.--The working group established
under paragraph (1) shall provide to the Secretary--
(A) feedback from readjustment counselors, outreach
specialists, and directors of Vet Centers; and
(B) recommendations on how to improve--
(i) quality of care and access to care for veterans;
and
(ii) the welfare of readjustment counselors and
other employees of Vet Centers.
(d) Improvements of Hiring Practices at Vet Centers.--
(1) Standardization of position descriptions.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall standardize descriptions of position responsibilities at
Vet Centers.
(B) Reporting requirement.--In each of the first two annual
reports submitted under section 7309(e) of title 38, United
States Code, after the date of the enactment of this Act, the
Secretary shall include a description of the actions taken by
the Secretary to carry out subparagraph (A).
(2) Expansion of reporting requirements on readjustment counseling
to include actions to reduce staffing vacancies and time to hire.--
Section 7309(e)(2) of title 38, United States Code, is amended by adding
at the end the following new subparagraph:
``(D) A description of actions taken by the Secretary to reduce--
``(i) vacancies in counselor positions in the Readjustment
Counseling Service; and
``(ii) the time it takes to hire such counselors.''.
(e) Report by Government Accountability Office on Vet Center Infrastructure
and Future Investments.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on physical infrastructure and future
investments with respect to Vet Centers.
(2) Elements.--The report required by paragraph (1) shall include
the following:
(A) An assessment of--
(i) the condition of the physical infrastructure of
all assets of Vet Centers, whether owned or leased by
the Department of Veterans Affairs; and
(ii) the short-, medium-, and long-term plans of the
Department to maintain and upgrade the physical
infrastructure of Vet Centers to address the operational
needs of Vet Centers as of the date of the submittal of
the report and future needs.
(B) An assessment of management and strategic planning for
the physical infrastructure of Vet Centers, including whether
the Department should buy or lease existing or additional
locations in areas with stable or growing populations of
veterans.
(C) An assessment of whether, as of the date of the
submittal of the report, Vet Center buildings, mobile Vet
Centers, community access points, and similar infrastructure are
sufficient to care for veterans or if such infrastructure is
negatively affecting care due to limited space for veterans and
Vet Center personnel or other factors.
(D) An assessment of the areas with the greatest need for
investments in--
(i) improved physical infrastructure, including
upgraded Vet Centers; or
(ii) additional physical infrastructure for Vet
Centers, including new Vet Centers owned or leased by
the Department.
(E) A description of the authorities and resources that may
be required for the Secretary to make such investments.
(F) A review of all annual reports submitted under 7309(e)
of title 38, United States Code, before the date of the
submittal of the report under paragraph (1).
(f) Pilot Program to Combat Food Insecurity Among Veterans and Family
Members of Veterans.--
(1) In general.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall establish
a pilot program to award grants to eligible entities to support
partnerships that address food insecurity among veterans and family
members of veterans who receive services through Vet Centers or other
facilities of the Department as determined by the Secretary.
(2) Duration of pilot.--The Secretary shall carry out the pilot
program for a three-year period beginning on the date of the
establishment of the pilot program.
(3) Training and technical assistance.--The Secretary may provide
eligible entities receiving grant funding under the pilot program with
training and technical assistance on the provision of food insecurity
assistance services to veterans and family members of veterans.
(4) Eligible entities.--For purposes of the pilot program, an
eligible entity is--
(A) a nonprofit organization;
(B) an organization recognized by the Secretary for the
representation of veterans under section 5902 of title 38,
United States Code;
(C) a public agency;
(D) a community-based organization; or
(E) an institution of higher education.
(5) Application.--An eligible entity seeking a grant under the pilot
program shall submit to the Secretary an application therefor at such
time, in such manner, and containing such information and commitments as
the Secretary may require.
(6) Selection.--The Secretary shall select eligible entities that
submit applications under paragraph (5) for the award of grants under
the pilot program using a competitive process that takes into account
the following:
(A) Capacity of the applicant entity to serve veterans and
family members of veterans.
(B) Demonstrated need of the population the applicant entity
would serve.
(C) Demonstrated need of the applicant entity for assistance
from the grant.
(D) Such other criteria as the Secretary considers
appropriate.
(7) Distribution.--The Secretary shall ensure, to the extent
practicable, an equitable geographic distribution of grants awarded
under this subsection.
(8) Minimum program requirements.--Any grant awarded under this
subsection shall be used--
(A) to coordinate with the Secretary with respect to the
provision of assistance to address food insecurity among
veterans and family members of veterans described in paragraph
(1);
(B) to increase participation in nutrition counseling
programs and provide educational materials and counseling to
veterans and family members of veterans to address food
insecurity and healthy diets among those individuals;
(C) to increase access to and enrollment in Federal
assistance programs, including the supplemental nutrition
assistance program under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.), the special supplemental nutrition program
for women, infants, and children established by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786), the low-income
home energy assistance program established under the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.), and
any other assistance program that the Secretary considers
advisable; and
(D) to fulfill such other criteria as the Secretary
considers appropriate to further the purpose of the grant and
serve veterans.
(9) Provision of information.--Each entity that receives a grant
under this subsection shall provide to the Secretary, at least once each
year during the duration of the grant term, data on--
(A) the number of veterans and family members of veterans
screened for, and enrolled in, programs described in
subparagraphs (B) and (C) of paragraph (8);
(B) other services provided by the entity to veterans and
family members of veterans using funds from the grant; and
(C) such other data as the Secretary may require.
(10) Report on data collected.--For each year of operation of the
pilot program, the Secretary shall submit to the appropriate committees
of Congress a report on the data collected under paragraph (9) during
such year.
(11) Government accountability office report.--
(A) In general.--Not later than one year after the date on
which the pilot program terminates, the Comptroller General of
the United States shall submit to Congress a report evaluating
the effectiveness and outcomes of the activities carried out
under this subsection in reducing food insecurity among veterans
and family members of veterans.
(B) Elements.--The report required by subparagraph (A) shall
include the following:
(i) A summary of the activities carried out under
this subsection.
(ii) An assessment of the effectiveness and outcomes
of the grants awarded under this subsection, including
with respect to eligibility screening contacts,
application assistance consultations, and changes in
food insecurity among the population served by the
grant.
(iii) Best practices regarding the use of
partnerships to improve the effectiveness and outcomes
of public benefit programs to address food insecurity
among veterans and family members of veterans.
(iv) An assessment of the feasibility and
advisability of making the pilot program permanent and
expanding to other locations.
(12) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated to
carry out the pilot program established under paragraph (1)
$15,000,000 for each fiscal year in which the program is carried
out, beginning with the fiscal year in which the program is
established.
(B) Administrative expenses.--Of the amounts authorized to
be appropriated under subparagraph (A), not more than ten
percent may be used for administrative expenses of the
Department of Veterans Affairs associated with administering
grants under this subsection.
(13) Definitions.--In this subsection:
(A) The term ``appropriate committees of Congress'' means--
(i) the Committee on Veterans' Affairs, the
Committee on Appropriations, and the Committee on
Agriculture, Nutrition, and Forestry of the Senate; and
(ii) the Committee on Veterans' Affairs, the
Committee on Appropriations, and the Committee on
Agriculture of the House of Representatives.
(B) The term ``facilities of the Department'' has the
meaning given that term in section 1701(3) of title 38, United
States Code.
(C) The term ``institution of higher education'' has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(D) The term ``public agency'' means a department, agency,
other unit, or instrumentality of Federal, State, Tribal, or
local government.
(E) The term ``State'' has the meaning given that term in
section 101(20) of title 38, United States Code.
(F) The term ``veteran'' means an individual who served in
the Armed Forces, including an individual who served in a
reserve component of the Armed Forces, and who was discharged or
released therefrom, regardless of the conditions of such
discharge or release.
(g) Definition of Vet Center.--In this section, the term ``Vet Center'' has
the meaning given that term in section 1712A(h) of title 38, United States Code.
SEC. 5127. INFORMATION ON CERTAIN VETERANS WITH PRIOR MEDICAL OCCUPATIONS;
PROGRAM ON INTERMEDIATE CARE TECHNICIANS OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) Update of Web Portal to Identify Certain Veterans.--
(1) Update.--The Secretary of Veterans Affairs shall update web
portals of the Department of Veterans Affairs to provide for a method by
which a veteran who served in a medical occupation while serving as a
member of the Armed Forces may elect to provide the information
described in paragraph (2).
(2) Information in portal.--The information described in this
paragraph is the following:
(A) Contact information for the veteran.
(B) A history of the medical experience and trained
competencies of the veteran.
(3) Inclusions in history.--To the extent practicable, the history
of a veteran provided under paragraph (2)(B) shall include individual
critical task lists specific to the military occupational specialty of
the veteran that align with standard occupational codes maintained by
the Commissioner of the Bureau of Labor Statistics.
(4) Sharing of information.--For purposes of facilitating civilian
medical credentialing and hiring opportunities for veterans seeking to
respond to a national emergency, including a public health emergency
declared by the Secretary of Health and Human Services under section 319
of the Public Health Service Act (42 U.S.C. 247d), the Secretary of
Veterans Affairs, in coordination with the Secretary of Defense and the
Secretary of Labor, shall establish a program to share the information
described in paragraph (2) with the following:
(A) State departments of veterans affairs.
(B) Veterans service organizations.
(C) State credentialing bodies.
(D) State homes.
(E) Other stakeholders involved in State-level
credentialing, as determined appropriate by the Secretary of
Veterans Affairs.
(b) Program on Training of Intermediate Care Technicians of Department of
Veterans Affairs.--
(1) Establishment.--The Secretary of Veterans Affairs shall
establish a program to train, certify, and employ covered veterans as
intermediate care technicians of the Department of Veterans Affairs.
(2) Locations.--The Secretary of Veterans Affairs may assign an
intermediate care technician of the Department of Veterans Affairs
trained under the program under paragraph (1) to any medical center of
the Department of Veterans Affairs, giving priority to locations with a
significant staffing shortage.
(3) Inclusion of information in transition assistance program.--As
part of the Transition Assistance Program under sections 1142 and 1144
of title 10, United States Code, the Secretary of Veterans Affairs shall
conduct a communications campaign to convey to appropriate members of
the Armed Forces separating from active duty opportunities for training,
certification, and employment under the program under paragraph (1).
(4) Report on expansion of program.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report on whether the program under
paragraph (1) may be replicated for other medical positions within the
Department of Veterans Affairs.
(c) Notification of Opportunities for Veterans.--The Secretary of Veterans
Affairs shall notify veterans service organizations and, in coordination with
the Secretary of Defense, members of the reserve components of the Armed Forces
of opportunities for veterans under this section.
(d) Definitions.--In this section:
(1) The term ``covered veteran'' means a veteran whom the Secretary
of Veterans Affairs determines served as a basic health care technician
while serving in the Armed Forces.
(2) The terms ``State home'' and ``veteran'' have the meanings given
those terms in section 101 of title 38, United States Code.
(3) The term ``veterans service organization'' means an organization
that provides services to veterans, including organizations recognized
by the Secretary of Veterans Affairs under section 5902 of title 38,
United States Code.
TITLE LII--INSPECTOR GENERAL INDEPENDENCE AND EMPOWERMENT MATTERS
Subtitle A--Inspector General Independence
Sec. 5201. Short title.
Sec. 5202. Removal or transfer of Inspectors General; placement on non-
duty status.
Sec. 5203. Vacancy in position of Inspector General.
Sec. 5204. Office of Inspector General whistleblower complaints.
Subtitle B--Presidential Explanation of Failure to Nominate an
Inspector General
Sec. 5221. Presidential explanation of failure to nominate an Inspector
General.
Subtitle C--Integrity Committee of the Council of Inspectors General on
Integrity and Efficiency Transparency
Sec. 5231. Short title.
Sec. 5232. Additional information to be included in requests and
reports to Congress.
Sec. 5233. Availability of information to Congress on certain
allegations of wrongdoing closed without
referral.
Sec. 5234. Semiannual report.
Sec. 5235. Additional reports.
Sec. 5236. Requirement to report final disposition to Congress.
Sec. 5237. Investigations of Offices of Inspector General of
establishments by the Integrity Committee.
Subtitle D--Notice of Ongoing Investigations When There Is a Change in
Status of Inspector General
Sec. 5241. Notice of ongoing investigations when there is a change in
status of Inspector General.
Subtitle E--Council of the Inspectors General on Integrity and
Efficiency Report on Expenditures
Sec. 5251. CIGIE report on expenditures.
Subtitle F--Notice of Refusal to Provide Inspectors General Access
Sec. 5261. Notice of refusal to provide information or assistance to
Inspectors General.
Subtitle G--Training Resources for Inspectors General and Other Matters
Sec. 5271. Training resources for Inspectors General.
Sec. 5272. Definition of appropriate congressional committees.
Sec. 5273. Semiannual reports.
Sec. 5274. Submission of reports that specifically identify non-
governmental organizations or business
entities.
Sec. 5275. Review relating to vetting, processing, and resettlement of
evacuees from Afghanistan and the
Afghanistan special immigrant visa program.
Subtitle A--Inspector General Independence
SEC. 5201. SHORT TITLE.
This subtitle may be cited as the ``Securing Inspector General Independence
Act of 2022''.
SEC. 5202. REMOVAL OR TRANSFER OF INSPECTORS GENERAL; PLACEMENT ON NON-DUTY
STATUS.
(a) In General.--The Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in section 3(b)--
(A) by inserting ``(1)(A)'' after ``(b)'';
(B) in paragraph (1), as so designated--
(i) in subparagraph (A), as so designated, in the
second sentence--
(I) by striking ``reasons'' and inserting
the following: ``substantive rationale,
including detailed and case-specific reasons,'';
and
(II) by inserting ``(including to the
appropriate congressional committees)'' after
``Houses of Congress''; and
(ii) by adding at the end the following:
``(B) If there is an open or completed inquiry into an
Inspector General that relates to the removal or transfer of the
Inspector General under subparagraph (A), the written
communication required under that subparagraph shall--
``(i) identify each entity that is conducting, or
that conducted, the inquiry; and
``(ii) in the case of a completed inquiry, contain
the findings made during the inquiry.''; and
(C) by adding at the end the following:
``(2)(A) Subject to the other provisions of this paragraph, only the
President may place an Inspector General on non-duty status.
``(B) If the President places an Inspector General on non-duty
status, the President shall communicate in writing the substantive
rationale, including detailed and case-specific reasons, for the change
in status to both Houses of Congress (including to the appropriate
congressional committees) not later than 15 days before the date on
which the change in status takes effect, except that the President may
submit that communication not later than the date on which the change in
status takes effect if--
``(i) the President has made a determination that the
continued presence of the Inspector General in the workplace
poses a threat described in any of clauses (i) through (iv) of
section 6329b(b)(2)(A) of title 5, United States Code; and
``(ii) in the communication, the President includes a report
on the determination described in clause (i), which shall
include--
``(I) a specification of which clause of section
6329b(b)(2)(A) of title 5, United States Code, the
President has determined applies under clause (i) of
this subparagraph;
``(II) the substantive rationale, including detailed
and case-specific reasons, for the determination made
under clause (i);
``(III) an identification of each entity that is
conducting, or that conducted, any inquiry upon which
the determination under clause (i) was made; and
``(IV) in the case of an inquiry described in
subclause (III) that is completed, the findings made
during that inquiry.
``(C) The President may not place an Inspector General on non-duty
status during the 30-day period preceding the date on which the
Inspector General is removed or transferred under paragraph (1)(A)
unless the President--
``(i) has made a determination that the continued presence
of the Inspector General in the workplace poses a threat
described in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
``(ii) not later than the date on which the change in status
takes effect, submits to both Houses of Congress (including to
the appropriate congressional committees) a written
communication that contains the information required under
subparagraph (B), including the report required under clause
(ii) of that subparagraph.
``(D) For the purposes of this paragraph--
``(i) the term `Inspector General'--
``(I) means an Inspector General who was appointed
by the President, without regard to whether the Senate
provided advice and consent with respect to that
appointment; and
``(II) includes the Inspector General of an
establishment, the Special Inspector General for
Afghanistan Reconstruction, the Special Inspector
General for the Troubled Asset Relief Program, and the
Special Inspector General for Pandemic Recovery; and
``(ii) a reference to the removal or transfer of an
Inspector General under paragraph (1), or to the written
communication described in that paragraph, shall be considered
to be--
``(I) in the case of the Special Inspector General
for Afghanistan Reconstruction, a reference to section
1229(c)(6) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 378);
``(II) in the case of the Special Inspector General
for the Troubled Asset Relief Program, a reference to
section 121(b)(4) of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5231(b)(4)); and
``(III) in the case of the Special Inspector General
for Pandemic Recovery, a reference to section 4018(b)(3)
of the CARES Act (15 U.S.C. 9053(b)(3)).'';
(2) in section 8G(e)--
(A) in paragraph (1), by inserting ``or placement on non-
duty status'' after ``a removal'';
(B) in paragraph (2)--
(i) by inserting ``(A)'' after ``(2)'';
(ii) in subparagraph (A), as so designated, in the
first sentence--
(I) by striking ``reasons'' and inserting
the following: ``substantive rationale,
including detailed and case-specific reasons,'';
and
(II) by inserting ``(including to the
appropriate congressional committees)'' after
``Houses of Congress''; and
(iii) by adding at the end the following:
``(B) If there is an open or completed inquiry into an
Inspector General that relates to the removal or transfer of the
Inspector General under subparagraph (A), the written
communication required under that subparagraph shall--
``(i) identify each entity that is conducting, or
that conducted, the inquiry; and
``(ii) in the case of a completed inquiry, contain
the findings made during the inquiry.''; and
(C) by adding at the end the following:
``(3)(A) Subject to the other provisions of this paragraph, only the
head of the applicable designated Federal entity (referred to in this
paragraph as the `covered official') may place an Inspector General on
non-duty status.
``(B) If a covered official places an Inspector General on non-duty
status, the covered official shall communicate in writing the
substantive rationale, including detailed and case-specific reasons, for
the change in status to both Houses of Congress (including to the
appropriate congressional committees) not later than 15 days before the
date on which the change in status takes effect, except that the covered
official may submit that communication not later than the date on which
the change in status takes effect if--
``(i) the covered official has made a determination that the
continued presence of the Inspector General in the workplace
poses a threat described in any of clauses (i) through (iv) of
section 6329b(b)(2)(A) of title 5, United States Code; and
``(ii) in the communication, the covered official includes a
report on the determination described in clause (i), which shall
include--
``(I) a specification of which clause of section
6329b(b)(2)(A) of title 5, United States Code, the
covered official has determined applies under clause (i)
of this subparagraph;
``(II) the substantive rationale, including detailed
and case-specific reasons, for the determination made
under clause (i);
``(III) an identification of each entity that is
conducting, or that conducted, any inquiry upon which
the determination under clause (i) was made; and
``(IV) in the case of an inquiry described in
subclause (III) that is completed, the findings made
during that inquiry.
``(C) A covered official may not place an Inspector General on non-
duty status during the 30-day period preceding the date on which the
Inspector General is removed or transferred under paragraph (2)(A)
unless the covered official--
``(i) has made a determination that the continued presence
of the Inspector General in the workplace poses a threat
described in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
``(ii) not later than the date on which the change in status
takes effect, submits to both Houses of Congress (including to
the appropriate congressional committees) a written
communication that contains the information required under
subparagraph (B), including the report required under clause
(ii) of that subparagraph.
``(D) Nothing in this paragraph may be construed to limit or
otherwise modify--
``(i) any statutory protection that is afforded to an
Inspector General; or
``(ii) any other action that a covered official may take
under law with respect to an Inspector General.'';
(3) in section 103H(c) of the National Security Act (50 U.S.C.
3033(c))--
(A) in paragraph (4)--
(i) by inserting ``(A)'' after ``(4)'';
(ii) in subparagraph (A), as so designated, in the
second sentence, by striking ``reasons'' and inserting
``substantive rationale, including detailed and case-
specific reasons,''; and
(iii) by adding at the end the following:
``(B) If there is an open or completed inquiry into the Inspector
General that relates to the removal or transfer of the Inspector General
under subparagraph (A), the written communication required under that
subparagraph shall--
``(i) identify each entity that is conducting, or that
conducted, the inquiry; and
``(ii) in the case of a completed inquiry, contain the
findings made during the inquiry.''; and
(B) by adding at the end the following:
``(5)(A) Subject to the other provisions of this paragraph, only the
President may place the Inspector General on nonduty status.
``(B) If the President places the Inspector General on nonduty
status, the President shall communicate in writing the substantive
rationale, including detailed and case-specific reasons, for the change
in status to the congressional intelligence committees not later than 15
days before the date on which the change in status takes effect, except
that the President may submit that communication not later than the date
on which the change in status takes effect if--
``(i) the President has made a determination that the
continued presence of the Inspector General in the workplace
poses a threat described in any of clauses (i) through (iv) of
section 6329b(b)(2)(A) of title 5, United States Code; and
``(ii) in the communication, the President includes a report
on the determination described in clause (i), which shall
include--
``(I) a specification of which clause of section
6329b(b)(2)(A) of title 5, United States Code, the
President has determined applies under clause (i);
``(II) the substantive rationale, including detailed
and case-specific reasons, for the determination made
under clause (i);
``(III) an identification of each entity that is
conducting, or that conducted, any inquiry upon which
the determination under clause (i) was made; and
``(IV) in the case of an inquiry described in
subclause (III) that is completed, the findings made
during that inquiry.
``(C) The President may not place the Inspector General on nonduty
status during the 30-day period preceding the date on which the
Inspector General is removed or transferred under paragraph (4)(A)
unless the President--
``(i) has made a determination that the continued presence
of the Inspector General in the workplace poses a threat
described in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
``(ii) not later than the date on which the change in status
takes effect, submits to the congressional intelligence
committees a written communication that contains the information
required under subparagraph (B), including the report required
under clause (ii) of that subparagraph.''; and
(4) in section 17(b) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(b))--
(A) in paragraph (6)--
(i) by inserting ``(A)'' after ``(6)'';
(ii) in subparagraph (A), as so designated, in the
second sentence, by striking ``reasons'' and inserting
``substantive rationale, including detailed and case-
specific reasons,''; and
(iii) by adding at the end the following:
``(B) If there is an open or completed inquiry into the Inspector
General that relates to the removal or transfer of the Inspector General
under subparagraph (A), the written communication required under that
subparagraph shall--
``(i) identify each entity that is conducting, or that
conducted, the inquiry; and
``(ii) in the case of a completed inquiry, contain the
findings made during the inquiry.''; and
(B) by adding at the end the following:
``(7)(A) Subject to the other provisions of this paragraph, only the
President may place the Inspector General on nonduty status.
``(B) If the President places the Inspector General on nonduty
status, the President shall communicate in writing the substantive
rationale, including detailed and case-specific reasons, for the change
in status to the congressional intelligence committees not later than 15
days before the date on which the change in status takes effect, except
that the President may submit that communication not later than the date
on which the change in status takes effect if--
``(i) the President has made a determination that the
continued presence of the Inspector General in the workplace
poses a threat described in any of clauses (i) through (iv) of
section 6329b(b)(2)(A) of title 5, United States Code; and
``(ii) in the communication, the President includes a report
on the determination described in clause (i), which shall
include--
``(I) a specification of which clause of section
6329b(b)(2)(A) of title 5, United States Code, the
President has determined applies under clause (i);
``(II) the substantive rationale, including detailed
and case-specific reasons, for the determination made
under clause (i);
``(III) an identification of each entity that is
conducting, or that conducted, any inquiry upon which
the determination under clause (i) was made; and
``(IV) in the case of an inquiry described in
subclause (III) that is completed, the findings made
during that inquiry.
``(C) The President may not place the Inspector General on non-duty
status during the 30-day period preceding the date on which the
Inspector General is removed or transferred under paragraph (6)(A)
unless the President--
``(i) has made a determination that the continued presence
of the Inspector General in the workplace poses a threat
described in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
``(ii) not later than the date on which the change in status
takes effect, submits to the congressional intelligence
committees a written communication that contains the information
required under subparagraph (B), including the report required
under clause (ii) of that subparagraph.''.
(b) Technical and Conforming Amendment.--Section 12(3) of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended by inserting ``except as
otherwise expressly provided,'' before ``the term''.
SEC. 5203. VACANCY IN POSITION OF INSPECTOR GENERAL.
(a) In General.--Section 3 of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following:
``(h)(1) In this subsection--
``(A) the term `first assistant to the position of Inspector
General' means, with respect to an Office of Inspector General--
``(i) an individual who, as of the day before the date on
which the Inspector General dies, resigns, or otherwise becomes
unable to perform the functions and duties of that position--
``(I) is serving in a position in that Office; and
``(II) has been designated in writing by the
Inspector General, through an order of succession or
otherwise, as the first assistant to the position of
Inspector General; or
``(ii) if the Inspector General has not made a designation
described in clause (i)(II)--
``(I) the Principal Deputy Inspector General of that
Office, as of the day before the date on which the
Inspector General dies, resigns, or otherwise becomes
unable to perform the functions and duties of that
position; or
``(II) if there is no Principal Deputy Inspector
General of that Office, the Deputy Inspector General of
that Office, as of the day before the date on which the
Inspector General dies, resigns, or otherwise becomes
unable to perform the functions and duties of that
position; and
``(B) the term `Inspector General'--
``(i) means an Inspector General who is appointed by the
President, by and with the advice and consent of the Senate; and
``(ii) includes the Inspector General of an establishment,
the Special Inspector General for the Troubled Asset Relief
Program, and the Special Inspector General for Pandemic
Recovery.
``(2) If an Inspector General dies, resigns, or is otherwise unable to
perform the functions and duties of the position--
``(A) section 3345(a) of title 5, United States Code, and section
103(e) of the National Security Act of 1947 (50 U.S.C. 3025(e)) shall
not apply;
``(B) subject to paragraph (4), the first assistant to the position
of Inspector General shall perform the functions and duties of the
Inspector General temporarily in an acting capacity subject to the time
limitations of section 3346 of title 5, United States Code; and
``(C) notwithstanding subparagraph (B), and subject to paragraphs
(4) and (5), the President (and only the President) may direct an
officer or employee of any Office of an Inspector General to perform the
functions and duties of the Inspector General temporarily in an acting
capacity subject to the time limitations of section 3346 of title 5,
United States Code, only if--
``(i) during the 365-day period preceding the date of death,
resignation, or beginning of inability to serve of the Inspector
General, the officer or employee served in a position in an
Office of an Inspector General for not less than 90 days, except
that--
``(I) the requirement under this clause shall not
apply if the officer is an Inspector General; and
``(II) for the purposes of this subparagraph,
performing the functions and duties of an Inspector
General temporarily in an acting capacity does not
qualify as service in a position in an Office of an
Inspector General;
``(ii) the rate of pay for the position of the officer or
employee described in clause (i) is equal to or greater than the
minimum rate of pay payable for a position at GS-15 of the
General Schedule;
``(iii) the officer or employee has demonstrated ability in
accounting, auditing, financial analysis, law, management
analysis, public administration, or investigations; and
``(iv) not later than 30 days before the date on which the
direction takes effect, the President communicates in writing to
both Houses of Congress (including to the appropriate
congressional committees) the substantive rationale, including
the detailed and case-specific reasons, for such direction,
including the reason for the direction that someone other than
the individual who is performing the functions and duties of the
Inspector General temporarily in an acting capacity (as of the
date on which the President issues that direction) perform those
functions and duties temporarily in an acting capacity.
``(3) Notwithstanding section 3345(a) of title 5, United States Code, and
subparagraphs (B) and (C) of paragraph (2), and subject to paragraph (4), during
any period in which an Inspector General is on non-duty status--
``(A) the first assistant to the position of Inspector General shall
perform the functions and duties of the position temporarily in an
acting capacity subject to the time limitations of section 3346 of title
5, United States Code; and
``(B) if the first assistant described in subparagraph (A) dies,
resigns, or becomes otherwise unable to perform those functions and
duties, the President (and only the President) may direct an officer or
employee in that Office of Inspector General to perform those functions
and duties temporarily in an acting capacity, subject to the time
limitations of section 3346 of title 5, United States Code, if--
``(i) that direction satisfies the requirements under
clauses (ii), (iii), and (iv) of paragraph (2)(C); and
``(ii) that officer or employee served in a position in that
Office of Inspector General for not fewer than 90 of the 365
days preceding the date on which the President makes that
direction.
``(4) An individual may perform the functions and duties of an Inspector
General temporarily and in an acting capacity under subparagraph (B) or (C) of
paragraph (2), or under paragraph (3), with respect to only 1 Inspector General
position at any given time.
``(5) If the President makes a direction under paragraph (2)(C), during the
30-day period preceding the date on which the direction of the President takes
effect, the functions and duties of the position of the applicable Inspector
General shall be performed by--
``(A) the first assistant to the position of Inspector General; or
``(B) the individual performing those functions and duties
temporarily in an acting capacity, as of the date on which the President
issues that direction, if that individual is an individual other than
the first assistant to the position of Inspector General.''.
(b) Amendment to National Security Act.--Section 103H(c) of the National
Security Act (50 U.S.C. 3033(c)), as amended by section 5202, is further amended
by adding at the end the following:
``(6)(A) In this subsection, the term `first assistant to the
position of Inspector General' has the meaning given in section 3 of the
Inspector General Act of 1978 (5 U.S.C. App.).
``(B) If the Inspector General dies, resigns, or is otherwise unable
to perform the functions and duties of the position--
``(i) section 3345(a) of title 5, United States Code, and
section 103(e) of the National Security Act of 1947 (50 U.S.C.
3025(e)) shall not apply;
``(ii) subject to subparagraph (D), the first assistant to
the position of Inspector General shall perform the functions
and duties of the Inspector General temporarily in an acting
capacity subject to the time limitations of section 3346 of
title 5, United States Code; and
``(iii) notwithstanding clause (ii), and subject to
subparagraphs (D) and (E), the President (and only the
President) may direct an officer or employee of any Office of an
Inspector General to perform the functions and duties of the
Inspector General temporarily in an acting capacity subject to
the time limitations of section 3346 of title 5, United States
Code, only if--
``(I) during the 365-day period preceding the date
of death, resignation, or beginning of inability to
serve of the Inspector General, the officer or employee
served in a position in an Office of an Inspector
General for not less than 90 days, except that--
``(aa) the requirement under this subclause
shall not apply if the officer is an Inspector
General; and
``(bb) for the purposes of this clause,
performing the functions and duties of an
Inspector General temporarily in an acting
capacity does not qualify as service in a
position in an Office of an Inspector General;
``(II) the rate of pay for the position of the
officer or employee described in subclause (I) is equal
to or greater than the minimum rate of pay payable for a
position at GS-15 of the General Schedule;
``(III) the officer or employee has demonstrated
ability in accounting, auditing, financial analysis,
law, management analysis, public administration, or
investigations; and
``(IV) not later than 30 days before the date on
which the direction takes effect, the President
communicates in writing to the congressional
intelligence committees the substantive rationale,
including the detailed and case-specific reasons, for
such direction, including the reason for the direction
that someone other than the individual who is performing
the functions and duties of the Inspector General
temporarily in an acting capacity (as of the date on
which the President issues that direction) perform those
functions and duties temporarily in an acting capacity.
``(C) Notwithstanding section 3345(a) of title 5, United States
Code, section 103(e) of the National Security Act of 1947 (50 U.S.C.
3025(e)), and clauses (ii) and (iii) of subparagraph (B), and subject to
subparagraph (D), during any period in which the Inspector General is on
nonduty status--
``(i) the first assistant to the position of Inspector
General shall perform the functions and duties of the position
temporarily in an acting capacity subject to the time
limitations of section 3346 of title 5, United States Code; and
``(ii) if the first assistant described in clause (i) dies,
resigns, or becomes otherwise unable to perform those functions
and duties, the President (and only the President) may direct an
officer or employee in the Office of Inspector General to
perform those functions and duties temporarily in an acting
capacity, subject to the time limitations of section 3346 of
title 5, United States Code, if--
``(I) that direction satisfies the requirements
under subclauses (II), (III), and (IV) of subparagraph
(B)(iii); and
``(II) that officer or employee served in a position
in that Office of Inspector General for not fewer than
90 of the 365 days preceding the date on which the
President makes that direction.
``(D) An individual may perform the functions and duties of the
Inspector General temporarily and in an acting capacity under clause
(ii) or (iii) of subparagraph (B), or under subparagraph (C), with
respect to only 1 Inspector General position at any given time.
``(E) If the President makes a direction under subparagraph
(B)(iii), during the 30-day period preceding the date on which the
direction of the President takes effect, the functions and duties of the
position of the Inspector General shall be performed by--
``(i) the first assistant to the position of Inspector
General; or
``(ii) the individual performing those functions and duties
temporarily in an acting capacity, as of the date on which the
President issues that direction, if that individual is an
individual other than the first assistant to the position of
Inspector General.''.
(c) Amendment to Central Intelligence Agency Act.--Section 17(b) of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(b)), as amended by
section 5202, is further amended by adding at the end the following:
``(8)(A) In this subsection, the term `first assistant to the
position of Inspector General' has the meaning given in section 3 of the
Inspector General Act of 1978 (5 U.S.C. App.).
``(B) If the Inspector General dies, resigns, or is otherwise unable
to perform the functions and duties of the position--
``(i) section 3345(a) of title 5, United States Code shall
not apply;
``(ii) subject to subparagraph (D), the first assistant to
the position of Inspector General shall perform the functions
and duties of the Inspector General temporarily in an acting
capacity subject to the time limitations of section 3346 of
title 5, United States Code; and
``(iii) notwithstanding clause (ii), and subject to
subparagraphs (D) and (E), the President (and only the
President) may direct an officer or employee of any Office of an
Inspector General to perform the functions and duties of the
Inspector General temporarily in an acting capacity subject to
the time limitations of section 3346 of title 5, United States
Code, only if--
``(I) during the 365-day period preceding the date
of death, resignation, or beginning of inability to
serve of the Inspector General, the officer or employee
served in a position in an Office of an Inspector
General for not less than 90 days, except that--
``(aa) the requirement under this subclause
shall not apply if the officer is an Inspector
General; and
``(bb) for the purposes of this clause,
performing the functions and duties of an
Inspector General temporarily in an acting
capacity does not qualify as service in a
position in an Office of an Inspector General;
``(II) the rate of pay for the position of the
officer or employee described in subclause (I) is equal
to or greater than the minimum rate of pay payable for a
position at GS-15 of the General Schedule;
``(III) the officer or employee has demonstrated
ability in accounting, auditing, financial analysis,
law, management analysis, public administration, or
investigations; and
``(IV) not later than 30 days before the date on
which the direction takes effect, the President
communicates in writing to the congressional
intelligence committees the substantive rationale,
including the detailed and case-specific reasons, for
such direction, including the reason for the direction
that someone other than the individual who is performing
the functions and duties of the Inspector General
temporarily in an acting capacity (as of the date on
which the President issues that direction) perform those
functions and duties temporarily in an acting capacity.
``(C) Notwithstanding section 3345(a) of title 5, United States Code
and clauses (ii) and (iii) of subparagraph (B), and subject to
subparagraph (D), during any period in which the Inspector General is on
nonduty status--
``(i) the first assistant to the position of Inspector
General shall perform the functions and duties of the position
temporarily in an acting capacity subject to the time
limitations of section 3346 of title 5, United States Code; and
``(ii) if the first assistant described in clause (i) dies,
resigns, or becomes otherwise unable to perform those functions
and duties, the President (and only the President) may direct an
officer or employee in the Office of Inspector General to
perform those functions and duties temporarily in an acting
capacity, subject to the time limitations of section 3346 of
title 5, United States Code, if--
``(I) that direction satisfies the requirements
under subclauses (II), (III), and (IV) of subparagraph
(B)(iii); and
``(II) that officer or employee served in a position
in that Office of Inspector General for not fewer than
90 of the 365 days preceding the date on which the
President makes that direction.
``(D) An individual may perform the functions and duties of the
Inspector General temporarily and in an acting capacity under clause
(ii) or (iii) of subparagraph (B), or under subparagraph (C), with
respect to only 1 Inspector General position at any given time.
``(E) If the President makes a direction under subparagraph
(B)(iii), during the 30-day period preceding the date on which the
direction of the President takes effect, the functions and duties of the
position of the Inspector General shall be performed by--
``(i) the first assistant to the position of Inspector
General; or
``(ii) the individual performing those functions and duties
temporarily in an acting capacity, as of the date on which the
President issues that direction, if that individual is an
individual other than the first assistant to the position of
Inspector General.''.
(d) Rule of Construction.--Nothing in the amendment made by subsection (a)
may be construed to limit the applicability of sections 3345 through 3349d of
title 5, United States Code (commonly known as the ``Federal Vacancies Reform
Act of 1998''), other than with respect to section 3345(a) of that title.
(e) Effective Date.--
(1) Definition.--In this subsection, the term ``Inspector General''
has the meaning given the term in subsection (h)(1)(B) of section 3 of
the Inspector General Act of 1978 (5 U.S.C. App.), as added by
subsection (a) of this section.
(2) Applicability.--
(A) In general.--Except as provided in subparagraph (B),
this section, and the amendments made by this section, shall
take effect on the date of enactment of this Act.
(B) Existing vacancies.--If, as of the date of enactment of
this Act, an individual is performing the functions and duties
of an Inspector General temporarily in an acting capacity, this
section, and the amendments made by this section, shall take
effect with respect to that Inspector General position on the
date that is 30 days after the date of enactment of this Act.
SEC. 5204. OFFICE OF INSPECTOR GENERAL WHISTLEBLOWER COMPLAINTS.
(a) Whistleblower Protection Coordinator.--Section 3(d)(1)(C) of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in clause (i), in the matter preceding subclause (I), by
inserting ``, including employees of that Office of Inspector General''
after ``employees''; and
(2) in clause (iii), by inserting ``(including the Integrity
Committee of that Council)'' after ``and Efficiency''.
(b) Council of the Inspectors General on Integrity and Efficiency.--Section
11(c)(5)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by
striking ``, allegations of reprisal,'' and inserting the following: ``and
allegations of reprisal (including the timely and appropriate handling and
consideration of protected disclosures and allegations of reprisal that are
internal to an Office of Inspector General)''.
Subtitle B--Presidential Explanation of Failure to Nominate an Inspector General
SEC. 5221. PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN INSPECTOR GENERAL.
(a) In General.--Subchapter III of chapter 33 of title 5, United States
Code, is amended by inserting after section 3349d the following:
``Sec. 3349e. Presidential explanation of failure to nominate an inspector
general
``If the President fails to make a formal nomination for a vacant inspector
general position that requires a formal nomination by the President to be filled
within the period beginning on the later of the date on which the vacancy
occurred or on which a nomination is rejected, withdrawn, or returned, and
ending on the day that is 210 days after that date, the President shall
communicate, within 30 days after the end of such period and not later than June
1 of each year thereafter, to the appropriate congressional committees, as
defined in section 12 of the Inspector General Act of 1978 (5 U.S.C. App.)--
``(1) the reasons why the President has not yet made a formal
nomination; and
``(2) a target date for making a formal nomination.''.
(b) Technical and Conforming Amendment.--The table of sections for
subchapter III of chapter 33 of title 5, United States Code, is amended by
inserting after the item relating to section 3349d the following:
``3349e. Presidential explanation of failure to nominate an Inspector
General.''.
(c) Effective Date.--The amendment made by subsection (a) shall take
effect--
(1) on the date of enactment of this Act with respect to any vacancy
first occurring on or after that date; and
(2) on the day that is 210 days after the date of enactment of this
Act with respect to any vacancy that occurred before the date of
enactment of this Act.
Subtitle C--Integrity Committee of the Council of Inspectors General on
Integrity and Efficiency Transparency
SEC. 5231. SHORT TITLE.
This subtitle may be cited as the ``Integrity Committee Transparency Act of
2022''.
SEC. 5232. ADDITIONAL INFORMATION TO BE INCLUDED IN REQUESTS AND REPORTS TO
CONGRESS.
Section 11(d) of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in paragraph (5)(B)(ii), by striking the period at the end and
inserting ``, the length of time the Integrity Committee has been
evaluating the allegation of wrongdoing, and a description of any
previous written notice provided under this clause with respect to the
allegation of wrongdoing, including the description provided for why
additional time was needed.''; and
(2) in paragraph (8)(A)(ii), by inserting ``or corrective action''
after ``disciplinary action''.
SEC. 5233. AVAILABILITY OF INFORMATION TO CONGRESS ON CERTAIN ALLEGATIONS OF
WRONGDOING CLOSED WITHOUT REFERRAL.
Section 11(d)(5)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended by adding at the end the following:
``(iii) Availability of information to congress on
certain allegations of wrongdoing closed without
referral.--With respect to an allegation of wrongdoing
made by a member of Congress that is closed by the
Integrity Committee without referral to the Chairperson
of the Integrity Committee to initiate an investigation,
the Chairperson of the Integrity Committee shall, not
later than 60 days after closing the allegation of
wrongdoing, provide a written description of the nature
of the allegation of wrongdoing and how the Integrity
Committee evaluated the allegation of wrongdoing to--
``(I) the Chair and Ranking Minority Member
of the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(II) the Chair and Ranking Minority Member
of the Committee on Oversight and Reform of the
House of Representatives.''.
SEC. 5234. SEMIANNUAL REPORT.
Section 11(d)(9) of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended to read as follows:
``(9) Semiannual report.--On or before May 31, 2023, and every 6
months thereafter, the Council shall submit to Congress and the
President a report on the activities of the Integrity Committee during
the immediately preceding 6-month periods ending March 31 and September
30, which shall include the following with respect to allegations of
wrongdoing that are made against Inspectors General and staff members of
the various Offices of Inspector General described in paragraph (4)(C):
``(A) An overview and analysis of the allegations of
wrongdoing disposed of by the Integrity Committee, including--
``(i) analysis of the positions held by individuals
against whom allegations were made, including the duties
affiliated with such positions;
``(ii) analysis of the categories or types of the
allegations of wrongdoing; and
``(iii) a summary of disposition of all the
allegations.
``(B) The number of allegations received by the Integrity
Committee.
``(C) The number of allegations referred to the Department
of Justice or the Office of Special Counsel, including the
number of allegations referred for criminal investigation.
``(D) The number of allegations referred to the Chairperson
of the Integrity Committee for investigation, a general
description of the status of such investigations, and a summary
of the findings of investigations completed.
``(E) An overview and analysis of allegations of wrongdoing
received by the Integrity Committee during any previous
reporting period, but remained pending during some part of the
six months covered by the report, including--
``(i) analysis of the positions held by individuals
against whom allegations were made, including the duties
affiliated with such positions;
``(ii) analysis of the categories or types of the
allegations of wrongdoing; and
``(iii) a summary of disposition of all the
allegations.
``(F) The number and category or type of pending
investigations.
``(G) For each allegation received--
``(i) the date on which the investigation was
opened;
``(ii) the date on which the allegation was disposed
of, as applicable; and
``(iii) the case number associated with the
allegation.
``(H) The nature and number of allegations to the Integrity
Committee closed without referral, including the justification
for why each allegation was closed without referral.
``(I) A brief description of any difficulty encountered by
the Integrity Committee when receiving, evaluating,
investigating, or referring for investigation an allegation
received by the Integrity Committee, including a brief
description of--
``(i) any attempt to prevent or hinder an
investigation; or
``(ii) concerns about the integrity or operations at
an Office of Inspector General.
``(J) Other matters that the Council considers
appropriate.''.
SEC. 5235. ADDITIONAL REPORTS.
Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) by redesignating subsections (e) and (f) as subsections (g) and
(h), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Additional Reports.--
``(1) Report to inspector general.--The Chairperson of the Integrity
Committee of the Council of the Inspectors General on Integrity and
Efficiency shall, immediately whenever the Chairperson of the Integrity
Committee becomes aware of particularly serious or flagrant problems,
abuses, or deficiencies relating to the administration of programs and
operations of an Office of Inspector General for which the Integrity
Committee may receive, review, and refer for investigation allegations
of wrongdoing under section 11(d), submit a report to the Inspector
General who leads the Office at which the serious or flagrant problems,
abuses, or deficiencies were alleged.
``(2) Report to president, congress, and the establishment.--Not
later than 7 days after the date on which an Inspector General receives
a report submitted under paragraph (1), the Inspector General shall
submit to the President, the appropriate congressional committees, and
the head of the establishment--
``(A) the report received under paragraph (1); and
``(B) a report by the Inspector General containing any
comments the Inspector General determines appropriate.''.
SEC. 5236. REQUIREMENT TO REPORT FINAL DISPOSITION TO CONGRESS.
Section 11(d)(8)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended by inserting ``and the appropriate congressional committees'' after
``Integrity Committee''.
SEC. 5237. INVESTIGATIONS OF OFFICES OF INSPECTOR GENERAL OF ESTABLISHMENTS BY
THE INTEGRITY COMMITTEE.
Section 11(d)(7)(B)(i)(V) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by inserting ``, and that an investigation of an Office of
Inspector General of an establishment is conducted by another Office of
Inspector General of an establishment'' after ``size''.
Subtitle D--Notice of Ongoing Investigations When There Is a Change in Status of
Inspector General
SEC. 5241. NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS A CHANGE IN STATUS OF
INSPECTOR GENERAL.
Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by
inserting after subsection (e), as added by section 5625 of this title, the
following:
``(f)(1) Except as provided in paragraph (2), not later than 15 days after
an Inspector General is removed, placed on paid or unpaid nonduty status, or
transferred to another position or location within an establishment, the officer
or employee performing the functions and duties of the Inspector General
temporarily in an acting capacity shall submit to the appropriate congressional
committees information regarding work being conducted by the Office as of the
date on which the Inspector General was removed, placed on paid or unpaid non-
duty status, or transferred, which shall include--
``(A) for each investigation--
``(i) the type of alleged offense;
``(ii) the fiscal quarter in which the Office initiated the
investigation;
``(iii) the relevant Federal agency, including the relevant
component of that Federal agency for any Federal agency listed
in section 901(b) of title 31, United States Code, under
investigation or affiliated with the individual or entity under
investigation; and
``(iv) whether the investigation is administrative, civil,
criminal, or a combination thereof, if known; and
``(B) for any work not described in subparagraph (A)--
``(i) a description of the subject matter and scope;
``(ii) the relevant agency, including the relevant component
of that Federal agency, under review;
``(iii) the date on which the Office initiated the work; and
``(iv) the expected time frame for completion.
``(2) With respect to an inspector general of an element of the intelligence
community specified in section 8G(d)(2) of the Inspector General Act of 1978 (5
U.S.C. App.), the submission required by paragraph (1) shall only be made to the
committees of Congress specified in section 8G(d)(2)(E).''.
Subtitle E--Council of the Inspectors General on Integrity and Efficiency Report
on Expenditures
SEC. 5251. CIGIE REPORT ON EXPENDITURES.
Section 11(c)(3) of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended by adding at the end the following:
``(D) Report on expenditures.--Not later than November 30 of
each year, the Chairperson shall submit to the appropriate
committees or subcommittees of Congress, including the Committee
on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives, a report on the
expenditures of the Council for the preceding fiscal year,
including from direct appropriations to the Council, interagency
funding pursuant to subparagraph (A), a revolving fund pursuant
to subparagraph (B), or any other source.''.
Subtitle F--Notice of Refusal to Provide Inspectors General Access
SEC. 5261. NOTICE OF REFUSAL TO PROVIDE INFORMATION OR ASSISTANCE TO INSPECTORS
GENERAL.
Section 6(c) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended
by adding at the end the following:
``(3) If the information or assistance that is the subject of a
report under paragraph (2) is not provided to the Inspector General by
the date that is 30 days after the report is made, the Inspector General
shall submit a notice that the information or assistance requested has
not been provided by the head of the establishment involved or the head
of the Federal agency involved, as applicable, to the appropriate
congressional committees.''.
Subtitle G--Training Resources for Inspectors General and Other Matters
SEC. 5271. TRAINING RESOURCES FOR INSPECTORS GENERAL.
Section 11(c)(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) by redesignating subparagraphs (E) through (I) as subparagraphs
(F) through (J), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) support the professional development of Inspectors
General, including by providing training opportunities on the
duties, responsibilities, and authorities under this Act and on
topics relevant to Inspectors General and the work of Inspectors
General, as identified by Inspectors General and the Council.''.
SEC. 5272. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in section 5--
(A) in subsection (b), in the matter preceding paragraph
(1), by striking ``committees or subcommittees of the Congress''
and inserting ``congressional committees''; and
(B) in subsection (d), by striking ``committees or
subcommittees of Congress'' and inserting ``congressional
committees'';
(2) in section 6(h)(4)--
(A) in subparagraph (B), by striking ``Government''; and
(B) by amending subparagraph (C) to read as follows:
``(C) Any other relevant congressional committee or
subcommittee of jurisdiction.'';
(3) in section 8--
(A) in subsection (b)--
(i) in paragraph (3), by striking ``the Committees
on Armed Services and Governmental Affairs of the Senate
and the Committee on Armed Services and the Committee on
Government Reform and Oversight of the House of
Representatives and to other appropriate committees or
subcommittees of the Congress'' and inserting ``the
appropriate congressional committees, including the
Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of
Representatives''; and
(ii) in paragraph (4), by striking ``and to other
appropriate committees or subcommittees''; and
(B) in subsection (f)--
(i) in paragraph (1), by striking ``the Committees
on Armed Services and on Homeland Security and
Governmental Affairs of the Senate and the Committees on
Armed Services and on Oversight and Government Reform of
the House of Representatives and to other appropriate
committees or subcommittees of Congress'' and inserting
``the appropriate congressional committees, including
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of
Representatives''; and
(ii) in paragraph (2), by striking ``committees or
subcommittees of the Congress'' and inserting
``congressional committees'';
(4) in section 8D--
(A) in subsection (a)(3), by striking ``Committees on
Governmental Affairs and Finance of the Senate and the
Committees on Government Operations and Ways and Means of the
House of Representatives, and to other appropriate committees or
subcommittees of the Congress'' and inserting ``appropriate
congressional committees, including the Committee on Finance of
the Senate and the Committee on Ways and Means of the House of
Representatives''; and
(B) in subsection (g)--
(i) in paragraph (1)--
(I) by striking ``committees or
subcommittees of the Congress'' and inserting
``congressional committees''; and
(II) by striking ``Committees on
Governmental Affairs and Finance of the Senate
and the Committees on Government Reform and
Oversight and Ways and Means of the House of
Representatives'' and inserting ``Committee on
Finance of the Senate and the Committee on Ways
and Means of the House of Representatives''; and
(ii) in paragraph (2), by striking ``committees or
subcommittees of Congress'' and inserting
``congressional committees'';
(5) in section 8E--
(A) in subsection (a)(3), by striking ``Committees on
Governmental Affairs and Judiciary of the Senate and the
Committees on Government Operations and Judiciary of the House
of Representatives, and to other appropriate committees or
subcommittees of the Congress'' and inserting ``appropriate
congressional committees, including the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives''; and
(B) in subsection (c)--
(i) by striking ``committees or subcommittees of the
Congress'' and inserting ``congressional committees'';
and
(ii) by striking ``Committees on the Judiciary and
Governmental Affairs of the Senate and the Committees on
the Judiciary and Government Operations of the House of
Representatives'' and inserting ``Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives'';
(6) in section 8G(f)(3)--
(A) in subparagraph (A)(iii), by striking ``Committee on
Governmental Affairs of the Senate and the Committee on
Government Reform and Oversight of the House of Representatives,
and to other appropriate committees or subcommittees of the
Congress'' and inserting ``the appropriate congressional
committees''; and
(B) by striking subparagraph (C);
(7) in section 8I--
(A) in subsection (a)(3), in the matter preceding
subparagraph (A), by striking ``committees and subcommittees of
Congress'' and inserting ``congressional committees''; and
(B) in subsection (d), by striking ``committees and
subcommittees of Congress'' each place it appears and inserting
``congressional committees'';
(8) in section 8N(b), by striking ``committees of Congress'' and
inserting ``congressional committees'';
(9) in section 11--
(A) in subsection (b)(3)(B)(viii)--
(i) by striking subclauses (III) and (IV);
(ii) in subclause (I), by adding ``and'' at the end;
and
(iii) by amending subclause (II) to read as follows:
``(II) the appropriate congressional
committees.''; and
(B) in subsection (d)(8)(A)(iii), by striking ``to the'' and
all that follows through ``jurisdiction'' and inserting ``to the
appropriate congressional committees''; and
(10) in section 12--
(A) in paragraph (4), by striking ``and'' at the end;
(B) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) the term `appropriate congressional committees' means--
``(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(B) the Committee on Oversight and Reform of the House of
Representatives; and
``(C) any other relevant congressional committee or
subcommittee of jurisdiction.''.
SEC. 5273. SEMIANNUAL REPORTS.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in section 4(a)(2)--
(A) by inserting ``, including'' after ``to make
recommendations''; and
(B) by inserting a comma after ``section 5(a)'';
(2) in section 5--
(A) in subsection (a)--
(i) by striking paragraphs (1) through (12) and
inserting the following:
``(1) a description of significant problems, abuses, and
deficiencies relating to the administration of programs and operations
of the establishment and associated reports and recommendations for
corrective action made by the Office;
``(2) an identification of each recommendation made before the
reporting period, for which corrective action has not been completed,
including the potential costs savings associated with the
recommendation;
``(3) a summary of significant investigations closed during the
reporting period;
``(4) an identification of the total number of convictions during
the reporting period resulting from investigations;
``(5) information regarding each audit, inspection, or evaluation
report issued during the reporting period, including--
``(A) a listing of each audit, inspection, or evaluation;
``(B) if applicable, the total dollar value of questioned
costs (including a separate category for the dollar value of
unsupported costs) and the dollar value of recommendations that
funds be put to better use, including whether a management
decision had been made by the end of the reporting period;
``(6) information regarding any management decision made during the
reporting period with respect to any audit, inspection, or evaluation
issued during a previous reporting period;'';
(ii) by redesignating paragraphs (13) through (22)
as paragraphs (7) through (16), respectively;
(iii) by amending paragraph (13), as so
redesignated, to read as follows:
``(13) a report on each investigation conducted by the Office where
allegations of misconduct were substantiated involving a senior
Government employee or senior official (as defined by the Office) if the
establishment does not have senior Government employees, which shall
include--
``(A) the name of the senior Government employee, if already
made public by the Office; and
``(B) a detailed description of--
``(i) the facts and circumstances of the
investigation; and
``(ii) the status and disposition of the matter,
including--
``(I) if the matter was referred to the
Department of Justice, the date of the referral;
and
``(II) if the Department of Justice declined
the referral, the date of the declination;'';
and
(iv) by amending paragraph (15), as so redesignated,
to read as follows:
``(15) information related to interference by the establishment,
including--
``(A) a detailed description of any attempt by the
establishment to interfere with the independence of the Office,
including--
``(i) with budget constraints designed to limit the
capabilities of the Office; and
``(ii) incidents where the establishment has
resisted or objected to oversight activities of the
Office or restricted or significantly delayed access to
information, including the justification of the
establishment for such action; and
``(B) a summary of each report made to the head of the
establishment under section 6(c)(2) during the reporting
period;''; and
(B) in subsection (b)--
(i) by striking paragraphs (2) and (3) and inserting
the following:
``(2) where final action on audit, inspection, and evaluation
reports had not been taken before the commencement of the reporting
period, statistical tables showing--
``(A) with respect to management decisions--
``(i) for each report, whether a management decision
was made during the reporting period;
``(ii) if a management decision was made during the
reporting period, the dollar value of disallowed costs
and funds to be put to better use as agreed to in the
management decision; and
``(iii) total number of reports where a management
decision was made during the reporting period and the
total corresponding dollar value of disallowed costs and
funds to be put to better use as agreed to in the
management decision; and
``(B) with respect to final actions--
``(i) whether, if a management decision was made
before the end of the reporting period, final action was
taken during the reporting period;
``(ii) if final action was taken, the dollar value
of--
``(I) disallowed costs that were recovered
by management through collection, offset,
property in lieu of cash, or otherwise;
``(II) disallowed costs that were written
off by management;
``(III) disallowed costs and funds to be put
to better use not yet recovered or written off
by management;
``(IV) recommendations that were completed;
and
``(V) recommendations that management has
subsequently concluded should not or could not
be implemented or completed; and
``(iii) total number of reports where final action
was not taken and total number of reports where final
action was taken, including the total corresponding
dollar value of disallowed costs and funds to be put to
better use as agreed to in the management decisions;'';
(ii) by redesignating paragraph (4) as paragraph
(3);
(iii) in paragraph (3), as so redesignated, by
striking ``subsection (a)(20)(A)'' and inserting
``subsection (a)(14)(A)''; and
(iv) by striking paragraph (5) and inserting the
following:
``(4) a statement explaining why final action has not been taken
with respect to each audit, inspection, and evaluation report in which a
management decision has been made but final action has not yet been
taken, except that such statement--
``(A) may exclude reports if--
``(i) a management decision was made within the
preceding year; or
``(ii) the report is under formal administrative or
judicial appeal or management of the establishment has
agreed to pursue a legislative solution; and
``(B) shall identify the number of reports in each category
so excluded.'';
(C) by redesignating subsection (h), as so redesignated by
section 5625 of this title, as subsection (i); and
(D) by inserting after subsection (g), as so redesignated by
section 5625 of this title, the following:
``(h) If an Office has published any portion of the report or information
required under subsection (a) to the website of the Office or on oversight.gov,
the Office may elect to provide links to the relevant webpage or website in the
report of the Office under subsection (a) in lieu of including the information
in that report.''.
SEC. 5274. SUBMISSION OF REPORTS THAT SPECIFICALLY IDENTIFY NON-GOVERNMENTAL
ORGANIZATIONS OR BUSINESS ENTITIES.
(a) In General.--Section 5(g) of the Inspector General Act of 1978 (5 U.S.C.
App.), as so redesignated by section 5625 of this title, is amended by adding at
the end the following:
``(6)(A) Except as provided in subparagraph (B), if an audit,
evaluation, inspection, or other non-investigative report prepared by an
Inspector General specifically identifies a specific non-governmental
organization or business entity, whether or not the non-governmental
organization or business entity is the subject of that audit,
evaluation, inspection, or non-investigative report--
``(i) the Inspector General shall notify the non-
governmental organization or business entity;
``(ii) the non-governmental organization or business entity
shall have--
``(I) 30 days to review the audit, evaluation,
inspection, or non-investigative report beginning on the
date of publication of the audit, evaluation,
inspection, or non-investigative report; and
``(II) the opportunity to submit a written response
for the purpose of clarifying or providing additional
context as it directly relates to each instance wherein
an audit, evaluation, inspection, or non-investigative
report specifically identifies that non-governmental
organization or business entity; and
``(iii) if a written response is submitted under clause
(ii)(II) within the 30-day period described in clause (ii)(I)--
``(I) the written response shall be attached to the
audit, evaluation, inspection, or non-investigative
report; and
``(II) in every instance where the report may appear
on the public-facing website of the Inspector General,
the website shall be updated in order to access a
version of the audit, evaluation, inspection, or non-
investigative report that includes the written response.
``(B) Subparagraph (A) shall not apply with respect to a non-
governmental organization or business entity that refused to provide
information or assistance sought by an Inspector General during the
creation of the audit, evaluation, inspection, or non-investigative
report.
``(C) An Inspector General shall review any written response
received under subparagraph (A) for the purpose of preventing the
improper disclosure of classified information or other non-public
information, consistent with applicable laws, rules, and regulations,
and, if necessary, redact such information.''.
(b) Retroactive Applicability.--During the 30-day period beginning on the
date of enactment of this Act--
(1) the amendment made by subsection (a) shall apply upon the
request of a non-governmental organization or business entity named in
an audit, evaluation, inspection, or other non-investigative report
prepared on or after January 1, 2019; and
(2) any written response submitted under clause (iii) of section
5(g)(6)(A) of the Inspector General Act of 1978 (5 U.S.C. App.), as
added by subsection (a), with respect to such an audit, evaluation,
inspection, or other non-investigative report shall attach to the
original report in the manner described in that clause.
SEC. 5275. REVIEW RELATING TO VETTING, PROCESSING, AND RESETTLEMENT OF EVACUEES
FROM AFGHANISTAN AND THE AFGHANISTAN SPECIAL IMMIGRANT VISA
PROGRAM.
(a) In General.--In accordance with the Inspector General Act of 1978 (5
U.S.C. App.), the Inspector General of the Department of Homeland Security,
jointly with the Inspector General of the Department of State, and in
coordination with the Inspector General of the Department of Defense and any
appropriate Inspector General established by that Act or section 103H of the
National Security Act of 1947 (50 U.S.C. 3033), shall conduct a thorough review
of efforts to support and process evacuees from Afghanistan and the Afghanistan
special immigrant visa program.
(b) Elements.--The review required by subsection (a) shall include an
assessment of the systems, staffing, policies, and programs used--
(1) to screen and vet such evacuees, including--
(A) an assessment of whether personnel conducting such
screening and vetting were appropriately authorized and provided
with training, including training in the detection of fraudulent
personal identification documents;
(B) an analysis of the degree to which such screening and
vetting deviated from United States law, regulations, policy,
and best practices relating to the screening and vetting of
parolees, refugees, and applicants for United States visas that
have been in use at any time since January 1, 2016, particularly
for individuals from countries containing any active terrorist
organizations; and
(C) an identification of any risk to the national security
of the United States posed by any such deviations;
(D) an analysis of the processes used for evacuees traveling
without personal identification records, including the creation
or provision of any new identification records to such evacuees;
and
(E) an analysis of the degree to which such screening and
vetting process was capable of detecting--
(i) instances of human trafficking and domestic
abuse;
(ii) evacuees who are unaccompanied minors; and
(iii) evacuees with a spouse who is a minor;
(2) to admit and process such evacuees at United States ports of
entry;
(3) to temporarily house such evacuees prior to resettlement;
(4) to account for the total number of individuals evacuated from
Afghanistan in 2021 with support of the United States Government,
disaggregated by--
(A) country of origin;
(B) citizenship, only if different from country of origin;
(C) age;
(D) gender;
(E) the number of individuals who were holders of a special
immigrant visa issued pursuant to the Afghan Allies Protection
Act of 2009 (8 U.S.C. 1101 note; Public Law 111-8) or section
1059 of the National Defense Authorization Act for Fiscal Year
2006 (8 U.S.C. 1101 note; Public Law 109-163) at the time of
evacuation;
(F) the number of individuals who were applicants for a
special immigrant visas pursuant to the Afghan Allies Protection
Act of 2009 (8 U.S.C. 1101 note; Public Law 111-8) or section
1059 of the National Defense Authorization Act for Fiscal Year
2006 (8 U.S.C. 1101 note; Public Law 109-163) at the time of
evacuation;
(G) the number who were in possession of a valid
nonimmigrant visa to enter the United States at the time of
evacuation; and
(H) familial relationship to individuals described in
subparagraphs (E) through (G).
(c) Interim Reporting.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Department of
Homeland Security and the Inspector General of the Department of State
shall submit to the appropriate congressional committees not fewer than
one interim report on the review conducted under this section.
(2) Form.--Any report submitted under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
(3) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(i) the Committee on Homeland Security and
Governmental Affairs, the Committee on Armed Services,
the Committee on Foreign Relations, the Select Committee
on Intelligence, and the Committee on the Judiciary of
the Senate; and
(ii) the Committee on Oversight and Reform, the
Committee on Armed Services, the Committee on Foreign
Affairs, the Permanent Select Committee on Intelligence,
and the Committee on the Judiciary of the House of
Representatives.
(B) Screen; screening.--The terms ``screen'' and
``screening'', with respect to an evacuee, mean the process by
which a Federal official determines--
(i) the identity of the evacuee;
(ii) whether the evacuee has a valid identification
documentation; and
(iii) whether any database of the United States
Government contains derogatory information about the
evacuee.
(C) Vet; vetting.--The term ``vet'' and ``vetting'', with
respect to an evacuee, means the process by which a Federal
official interviews the evacuee to determine whether the evacuee
is who they purport to be, including whether the evacuee poses a
national security risk.
(d) Discharge of Responsibilities.--The Inspector General of the Department
of Homeland Security and the Inspector General of the Department of State shall
discharge the responsibilities under this section in a manner consistent with
the authorities and requirements of the Inspector General Act of 1978 (5 U.S.C.
App.) and the authorities and requirements applicable to the Inspector General
of the Department of Homeland Security and the Inspector General of the
Department of State under that Act.
(e) Coordination.--Upon request of an Inspector General for information or
assistance under subsection (a), the head of any Federal agency involved shall,
insofar as is practicable and not in contravention of any existing statutory
restriction or regulation of the Federal agency from which the information is
requested, furnish to such Inspector General, or to an authorized designee, such
information or assistance.
(f) Rule of Construction.--Nothing in this section shall be construed to
limit the ability of the Inspector General of the Department of Homeland
Security or the Inspector General of the Department of State to enter into
agreements to conduct joint audits, inspections, or investigations in the
exercise of the oversight responsibilities of the Inspector General of the
Department of Homeland Security and the Inspector General of the Department of
State, in accordance with the Inspector General Act of 1978 (5 U.S.C. App.),
with respect to oversight of the evacuation from Afghanistan, the selection,
vetting, and processing of applicants for special immigrant visas and asylum,
and any resettlement in the United States of such evacuees.
TITLE LIII--OVERSIGHT AND REFORM MATTERS
Subtitle A--General Provisions
Sec. 5301. Access for Veterans to Records.
Sec. 5302. ONDCP supplemental strategies.
Sec. 5303. Performance Enhancement.
Sec. 5304. Appeals to merit systems protection board relating to FBI
reprisal allegations; salary of Special
Counsel.
Sec. 5305. Fairness for Federal firefighters.
Subtitle B--PLUM Act of 2022
Sec. 5321. Short title.
Sec. 5322. Establishment of public website on government policy and
supporting positions.
Subtitle A--General Provisions
SEC. 5301. ACCESS FOR VETERANS TO RECORDS.
(a) Plan to Eliminate Records Backlog at the National Personnel Records
Center.--
(1) Plan required.--Not later than 60 days after the date of the
enactment of this Act, the Archivist of the United States shall submit
to the appropriate congressional committees a comprehensive plan for
reducing the backlog of requests for records from the National Personnel
Records Center and improving the efficiency and responsiveness of
operations at the National Personnel Records Center, that includes, at a
minimum, the following:
(A) An estimate of the number of backlogged record requests
for veterans.
(B) Target timeframes to reduce the backlog.
(C) A detailed plan for using existing funds to improve the
information technology infrastructure, including secure access
to appropriate agency Federal records, to prevent future
backlogs.
(D) Actions to improve customer service for requesters.
(E) Measurable goals with respect to the comprehensive plan
and metrics for tracking progress toward such goals.
(F) Strategies to prevent future record request backlogs,
including backlogs caused by an event that prevents employees of
the Center from reporting to work in person.
(2) Updates.--Not later than 90 days after the date on which the
comprehensive plan is submitted under paragraph (1), and biannually
thereafter until the response rate by the National Personnel Records
Center reaches 90 percent of all requests in 20 days or less, not
including any request involving a record damaged or lost in the National
Personnel Records Center fire of 1973 or any request that is subject to
a fee that has not been paid in a timely manner by the requestor
(provided the National Personnel Records Center issues an invoice within
20 days after the date on which the request is made), the Archivist of
the United States shall submit to the appropriate congressional
committees an update of such plan that--
(A) describes progress made by the National Personnel
Records Center during the preceding 90-day period with respect
to record request backlog reduction and efficiency and
responsiveness improvement;
(B) provides data on progress made toward the goals
identified in the comprehensive plan; and
(C) describes any changes made to the comprehensive plan.
(3) Consultation requirement.--In carrying out paragraphs (1) and
(2), the Archivist of the United States shall consult with the Secretary
of Veterans Affairs.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees'' means--
(A) the Committee on Oversight and Reform, the Committee on
Veterans' Affairs, and the Committee on Appropriations of the
House of Representatives; and
(B) the Committee on Homeland Security and Governmental
Affairs, the Committee on Veterans' Affairs, and the Committee
on Appropriations of the Senate.
(b) Additional Funding to Address Records Backlog.--
(1) Authorization of appropriations.--In addition to amounts
otherwise available, there is authorized to be appropriated to the
National Archives and Records Administration, $60,000,000 to address
backlogs in responding to requests from veterans for military personnel
records, improve cybersecurity, improve digital preservation and access
to archival Federal records, and address backlogs in requests made under
section 552 of title 5, United States Code (commonly referred to as the
Freedom of Information Act). Such amounts may also be used for the
Federal Records Center Program.
(2) Requirement to maintain in-person staffing levels.--Subject to
the availability of appropriations, and not later than 30 days after the
date of the enactment of this Act, the Archivist of the United States
shall ensure, to the extent practicable, that the National Personnel
Records Center maintains staffing levels and telework arrangements that
enable the maximum processing of records requests possible in order to
achieve the performance goal of responding to 90 percent of all requests
in 20 days or less, not including any request involving a record damaged
or lost in the National Personnel Records Center fire of 1973 or any
request that is subject to a fee that has not been paid in a timely
manner by the requestor (provided the National Personnel Records Center
issues an invoice within 20 days after the date on which the request is
made).
(3) Inspector general reporting.--The Inspector General for the
National Archives and Records Administration shall, for two years
following the date of the enactment of this Act, include in every
semiannual report submitted to Congress pursuant to the Inspector
General Act of 1978 (5 U.S.C. App.), a detailed summary of--
(A) efforts taken by the National Archives and Records
Administration to address the backlog of records requests at the
National Personnel Records Center; and
(B) any recommendations for action proposed by the Inspector
General related to reducing the backlog of records requests at
the National Personnel Records Center and the status of
compliance with those recommendations by the National Archives
and Records Administration.
SEC. 5302. ONDCP SUPPLEMENTAL STRATEGIES.
Section 706(h) of the Office of National Drug Control Policy
Reauthorization Act of 1998 (21 U.S.C. 1705(h)) is amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) develops performance measures and targets for the National
Drug Control Strategy for supplemental strategies (the Southwest Border,
Northern Border, and Caribbean Border Counternarcotics Strategies) to
effectively evaluate region- specific goals, to the extent the
performance measurement system does not adequately measure the
effectiveness of the strategies, as determined by the Director, such
strategies may evaluate interdiction efforts at and between ports of
entry, interdiction technology, intelligence sharing, diplomacy, and
other appropriate metrics, specific to each supplemental strategies
region, as determined by the Director.''.
SEC. 5303. PERFORMANCE ENHANCEMENT.
(a) Short Title.--This section may be cited as the ``Performance Enhancement
Reform Act''.
(b) In General.--Section 1115 of title 31, United States Code, is amended--
(1) by amending subsection (b)(5) to read as follows:
``(5) provide a description of how the performance goals are to be
achieved, including--
``(A) the human capital, training, data and evidence,
information technology, and skill sets required to meet the
performance goals;
``(B) the technology modernization investments, system
upgrades, staff technology skills and expertise, stakeholder
input and feedback, and other resources and strategies needed
and required to meet the performance goals;
``(C) clearly defined milestones;
``(D) an identification of the organizations, program
activities, regulations, policies, operational processes, and
other activities that contribute to each performance goal, both
within and external to the agency;
``(E) a description of how the agency is working with other
agencies and the organizations identified in subparagraph (D) to
measure and achieve its performance goals as well as relevant
Federal Government performance goals; and
``(F) an identification of the agency officials responsible
for the achievement of each performance goal, who shall be known
as goal leaders;''; and
(2) by amending subsection (g) to read as follows:
``(g) Preparation of Performance Plan.--The Performance Improvement Officer
of each agency (or the functional equivalent) shall collaborate with the Chief
Human Capital Officer (or the functional equivalent), the Chief Information
Officer (or the functional equivalent), the Chief Data Officer (or the
functional equivalent), and the Chief Financial Officer (or the functional
equivalent) of that agency to prepare that portion of the annual performance
plan described under subsection (b)(5) for that agency.''.
SEC. 5304. APPEALS TO MERIT SYSTEMS PROTECTION BOARD RELATING TO FBI REPRISAL
ALLEGATIONS; SALARY OF SPECIAL COUNSEL.
(a) Appeals to Mspb.--Section 2303 of title 5, United States Code, is
amended by adding at the end the following:
``(d)(1) An employee of the Federal Bureau of Investigation who makes an
allegation of a reprisal under regulations promulgated under this section may
appeal a final determination or corrective action order by the Bureau under
those regulations to the Merit Systems Protection Board pursuant to section
1221.
``(2) If no final determination or corrective action order has been made or
issued for an allegation described in paragraph (1) before the expiration of the
180-day period beginning on the date on which the allegation is received by the
Federal Bureau of Investigation, the employee described in that paragraph may
seek corrective action directly from the Merit Systems Protection Board pursuant
to section 1221.''.
(b) Special Counsel Salary.--
(1) In general.--Subchapter II of chapter 53 of title 5, United
States Code, is amended--
(A) in section 5314, by adding at the end the following new
item: ``Special Counsel of the Office of Special Counsel.''; and
(B) in section 5315, by striking ``Special Counsel of the
Merit Systems Protection Board.''.
(2) Application.--The rate of pay applied under the amendments made
by paragraph (1) shall begin to apply on the first day of the first pay
period beginning after date of enactment of this Act.
SEC. 5305. FAIRNESS FOR FEDERAL FIREFIGHTERS.
(a) Certain Illnesses and Diseases Presumed to Be Work-related Cause of
Disability or Death for Federal Employees in Fire Protection Activities.--
(1) Presumption relating to employees in fire protection
activities.--
(A) In general.--Subchapter I of chapter 81 of title 5,
United States Code, is amended by inserting after section 8143a
the following:
``Sec. 8143b. Employees in fire protection activities
``(a) Definitions.--In this section:
``(1) Employee in fire protection activities.--The term `employee in
fire protection activities' means an employee employed as a firefighter
(including a wildland firefighter), paramedic, emergency medical
technician, rescue worker, ambulance personnel, or hazardous material
worker who--
``(A) is trained in fire suppression;
``(B) has the legal authority and responsibility to engage
in fire suppression;
``(C) is engaged in the prevention, control, or
extinguishment of fires or response to emergency situations in
which life, property, or the environment is at risk, including
the prevention, control, suppression, or management of wildland
fires; and
``(D) performs the activities described in subparagraph (C)
as a primary responsibility of the job of the employee.
``(2) Rule.--The term `rule' has the meaning given the term in
section 804.
``(3) Secretary.--The term `Secretary' means the Secretary of Labor.
``(b) Certain Illnesses and Diseased Deemed to Be Proximately Caused by
Employment in Fire Protection Activities.--
``(1) In general.--For a claim under this subchapter of disability
or death of an employee who has been employed for not less than 5 years
in aggregate as an employee in fire protection activities, an illness or
disease specified on the list established under paragraph (2) shall be
deemed to be proximately caused by the employment of that employee, if
the employee is diagnosed with that illness or disease not later than 10
years after the last activedate of employment as an employee in fire
protection activities.
``(2) Establishment of initial list.--There is established under
this section the following list of illnesses and diseases:
``(A) Bladder cancer.
``(B) Brain cancer.
``(C) Chronic obstructive pulmonary disease.
``(D) Colorectal cancer.
``(E) Esophageal cancer.
``(F) Kidney cancer.
``(G) Leukemias.
``(H) Lung cancer.
``(I) Mesothelioma.
``(J) Multiple myeloma.
``(K) Non-Hodgkin lymphoma.
``(L) Prostate cancer.
``(M) Skin cancer (melanoma).
``(N) A sudden cardiac event or stroke suffered while, or
not later than 24 hours after, engaging in the activities
described in subsection (a)(1)(C).
``(O) Testicular cancer.
``(P) Thyroid cancer.
``(3) Additions to the list.--
``(A) In general.--
``(i) Periodic review.--The Secretary shall--
``(I) in consultation with the Director of
the National Institute for Occupational Safety
and Health and any advisory committee determined
appropriate by the Secretary, periodically
review the list established under paragraph (2);
and
``(II) if the Secretary determines that the
weight of the best available scientific evidence
warrants adding an illness or disease to the
list established under paragraph (2), as
described in subparagraph (B) of this paragraph,
make such an addition through a rule that
clearly identifies that scientific evidence.
``(ii) Classification.--A rule issued by the
Secretary under clause (i) shall be considered to be a
major rule for the purposes of chapter 8.
``(B) Basis for determination.--The Secretary shall add an
illness or disease to the list established under paragraph (2)
based on the weight of the best available scientific evidence
that there is a significant risk to employees in fire protection
activities of developing that illness or disease.
``(C) Available expertise.--In determining significant risk
for purposes of subparagraph (B), the Secretary may accept as
authoritative, and may rely upon, recommendations, risk
assessments, and scientific studies (including analyses of
National Firefighter Registry data pertaining to Federal
firefighters) by the National Institute for Occupational Safety
and Health, the National Toxicology Program, the National
Academies of Sciences, Engineering, and Medicine, and the
International Agency for Research on Cancer.''.
(B) Technical and conforming amendment.--The table of
sections for subchapter I of chapter 81 of title 5, United
States Code, is amended by inserting after the item relating to
section 8143a the following:
``8143b. Employees in fire protection activities.''.
(C) Application.--The amendments made by this paragraph
shall apply to claims for compensation filed on or after the
date of enactment of this Act.
(2) Research cooperation.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Labor (referred to in this
subsection as the ``Secretary'') shall establish a process by which an
employee in fire protection activities, as defined in subsection (a) of
section 8143b of title 5, United States Code, as added by paragraph (1)
of this subsection (referred to in this subsection as an ``employee in
fire protection activities'') filing a claim under chapter 81 of title
5, United States Code, as amended by this subsection, relating to an
illness or disease on the list established under subsection (b)(2) of
such section 8143b (referred to in this subsection as ```the list'') as
the list may be updated under such section 8143b, shall be informed
about, and offered the opportunity to contribute to science by
voluntarily enrolling in, the National Firefighter Registry or a similar
research or public health initiative conducted by the Centers for
Disease Control and Prevention.
(3) Agenda for further review.--Not later than 3 years after the
date of enactment of this Act, the Secretary shall--
(A) evaluate the best available scientific evidence of the
risk to an employee in fire protection activities of developing
breast cancer, gynecological cancers, and rhabdomyolysis;
(B) add breast cancer, gynecological cancers, and
rhabdomyolysis to the list, by rule in accordance with
subsection (b)(3) of section 8143b of title 5, United States
Code, as added by paragraph (1) of this subsection, if the
Secretary determines that such evidence supports that addition;
and
(C) submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Education and Labor of the House of Representatives a report
containing--
(i) the findings of the Secretary after making the
evaluation required under subparagraph (A); and
(ii) the determination of the Secretary under
subparagraph (B).
(4) Report on federal wildland firefighters.--
(A) Definition.--In this paragraph, the term ``Federal
wildland firefighter'' means an individual occupying a position
in the occupational series developed pursuant to section
40803(d)(1) of the Infrastructure Investment and Jobs Act (16
U.S.C. 6592(d)(1)).
(B) Study.--The Secretary of the Interior and the Secretary
of Agriculture, in consultation with the Director of the
National Institute for Occupational Safety and Health and the
Secretary, shall conduct a comprehensive study on long-term
health effects that Federal wildland firefighters who are
eligible to receive compensation for work injuries under chapter
81 of title 5, United States Code, as amended by this
subsection, experience after being exposed to fires, smoke, and
toxic fumes when in service.
(C) Requirements.--The study required under subparagraph (B)
shall include--
(i) the race, ethnicity, age, gender, and time of
service of the Federal wildland firefighters
participating in the study; and
(ii) recommendations to Congress regarding what
legislative actions are needed to support the Federal
wildland firefighters described in clause (i) in
preventing health issues from the toxic exposure
described in subparagraph (B), similar to veterans who
are exposed to burn pits.
(D) Submission and publication.--The Secretary of the
Interior and the Secretary of Agriculture shall submit the
results of the study conducted under this paragraph to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Education and Labor of the House of
Representatives and make those results publicly available.
(5) Report on affected employees.--Beginning on the date that is 1
year after the date of enactment of this Act, with respect to each
annual report required under section 8152 of title 5, United States
Code, the Secretary--
(A) shall include in the report the total number of, and
demographics regarding, employees in fire protection activities
with illnesses and diseases described in the list (as the list
may be updated under this subsection and the amendments made by
this subsection), as of the date on which that annual report is
submitted, which shall be disaggregated by the specific illness
or disease for the purposes of understanding the scope of the
problem facing those employees; and
(B) may--
(i) include in the report any information with
respect to employees in fire protection activities that
the Secretary determines to be necessary; and
(ii) as appropriate, make recommendations in the
report for additional actions that could be taken to
minimize the risk of adverse health impacts for
employees in fire protection activities.
(b) Subrogation of Continuation of Pay.--
(1) Subrogation of the united states.--Section 8131 of title 5,
United States Code, is amended--
(A) in subsection (a), in the matter preceding paragraph
(1), by inserting ``continuation of pay or'' before
``compensation''; and
(B) in subsection (c), in the second sentence, by inserting
``continuation of pay or'' before ``compensation already paid''.
(2) Adjustment after recover from third person.--Section 8132 of
title 5, United States Code, is amended--
(A) in the first sentence--
(i) by inserting ``continuation of pay or'' before
``compensation is payable'';
(ii) by inserting ``continuation of pay or'' before
``compensation from the United States'';
(iii) by striking ``in his behalf'' and inserting
``on his behalf''; and
(iv) by inserting ``continuation of pay or''
before```compensation paid by the United States''; and
(B) by striking the fourth sentence and inserting the
following: ``If continuation of pay or compensation has not been
paid to the beneficiary, the money or property shall be credited
against continuation of pay or compensation payable to him by
the United States for the same injury.''.
(c) Increase in Time-period for FECA Claimant Supply Supporting
Documentation to Office of Worker's Compensation.--Not later than 16 days after
the date of enactment of this Act, the Secretary of Labor shall--
(1) amend section 10.121 of title 20, Code of Federal Regulations,
or any successor regulation, by striking ``30 days'' and inserting ``60
days''; and
(2) modify the Federal Employees' Compensation Act manual to reflect
the changes made by the Secretary pursuant to paragraph (1).
Subtitle B--PLUM Act of 2022
SEC. 5321. SHORT TITLE.
This subtitle may be cited as the ``Periodically Listing Updates to
Management Act of 2022'' or the ``PLUM Act of 2022''.
SEC. 5322. ESTABLISHMENT OF PUBLIC WEBSITE ON GOVERNMENT POLICY AND SUPPORTING
POSITIONS.
(a) Establishment.--
(1) In general.--Subchapter I of chapter 33 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 3330f. Government policy and supporting position data
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' means--
``(A) any Executive agency, the United States Postal
Service, and the Postal Regulatory Commission;
``(B) the Architect of the Capitol, the Government
Accountability Office, the Government Publishing Office, and the
Library of Congress; and
``(C) the Executive Office of the President and any
component within that Office (including any successor
component), including--
``(i) the Council of Economic Advisors;
``(ii) the Council on Environmental Quality;
``(iii) the National Security Council;
``(iv) the Office of the Vice President;
``(v) the Office of Policy Development;
``(vi) the Office of Administration;
``(vii) the Office of Management and Budget;
``(viii) the Office of the United States Trade
Representative;
``(ix) the Office of Science and Technology Policy;
``(x) the Office of National Drug Control Policy;
and
``(xi) the White House Office, including the White
House Office of Presidential Personnel.
``(2) Appointee.--The term `appointee'--
``(A) means an individual serving in a policy and supporting
position; and
``(B) includes an individual serving in such a position
temporarily in an acting capacity in accordance with--
``(i) sections 3345 through 3349d (commonly referred
to as the `Federal Vacancies Reform Act of 1998');
``(ii) any other statutory provision described in
section 3347(a)(1); or
``(iii) a Presidential appointment described in
section 3347(a)(2).
``(3) Covered website.--The term `covered website' means the website
established and maintained by the Director under subsection (b).
``(4) Director.--The term `Director' means the Director of the
Office of Personnel Management.
``(5) Policy and supporting position.--The term `policy and
supporting position'--
``(A) means any position at an agency, as determined by the
Director, that, but for this section and section 2(b)(3) of the
PLUM Act of 2022, would be included in the publication entitled
`United States Government Policy and Supporting Positions',
(commonly referred to as the `Plum Book'); and
``(B) may include--
``(i) a position on any level of the Executive
Schedule under subchapter II of chapter 53, or another
position with an equivalent rate of pay;
``(ii) a general position (as defined in section
3132(a)(9)) in the Senior Executive service;
``(iii) a position in the Senior Foreign Service;
``(iv) a position of a confidential or policy-
determining character under schedule C of subpart C of
part 213 of title 5, Code of Federal Regulations, or any
successor regulation; and
``(v) any other position classified at or above
level GS-14 of the General Schedule (or equivalent) that
is excepted from the competitive service by law because
of the confidential or policy-determining nature of the
position duties.
``(b) Establishment of Website.--Not later than 1 year after the date of
enactment of the PLUM Act of 2022, the Director shall establish, and thereafter
the Director shall maintain, a public website containing the following
information for the President in office on the date of establishment and for
each subsequent President:
``(1) Each policy and supporting position in the Federal Government,
including any such position that is vacant.
``(2) The name of each individual who--
``(A) is serving in a position described in paragraph (1);
or
``(B) previously served in a position described in such
paragraph under the applicable President.
``(3) Information on--
``(A) any Government-wide or agency-wide limitation on the
total number of positions in the Senior Executive Service under
section 3133 or 3134 or the total number of positions under
schedule C of subpart C of part 213 of title 5, Code of Federal
Regulations; and
``(B) the total number of individuals occupying such
positions.
``(c) Contents.--With respect to any policy and supporting position listed
on the covered website, the Director shall include--
``(1) the agency, and agency component, (including the agency and
bureau code used by the Office of Management and Budget) in which the
position is located;
``(2) the name of the position;
``(3) the name of the individual occupying the position (if any);
``(4) the geographic location of the position, including the city,
State or province, and country;
``(5) the pay system under which the position is paid;
``(6) the level, grade, or rate of pay;
``(7) the term or duration of the appointment (if any);
``(8) the expiration date, in the case of a time-limited
appointment;
``(9) a unique identifier for each appointee;
``(10) whether the position is vacant; and
``(11) for any position that is vacant--
``(A) for a position for which appointment is required to be
made by the President, by and with the advice and consent of the
Senate, the name of the acting official; and
``(B) for other positions, the name of the official
performing the duties of the vacant position.
``(d) Current Data.--For each agency, the Director shall indicate in the
information on the covered website the date that the agency last updated the
data.
``(e) Format.--The Director shall make the data on the covered website
available to the public at no cost over the internet in a searchable, sortable,
downloadable, and machine-readable format so that the data qualifies as an open
Government data asset, as defined in section 3502 of title 44.
``(f) Authority of Director.--
``(1) Information required.--Each agency shall provide to the
Director any information that the Director determines necessary to
establish and maintain the covered website, including the information
uploaded under paragraph (4).
``(2) Requirements for agencies.--Not later than 1 year after the
date of enactment of the PLUM Act of 2022, the Director shall issue
instructions to agencies with specific requirements for the provision or
uploading of information required under paragraph (1), including--
``(A) specific data standards that an agency shall follow to
ensure that the information is complete, accurate, and reliable;
``(B) data quality assurance methods; and
``(C) the timeframe during which an agency shall provide or
upload the information, including the timeframe described under
paragraph (4).
``(3) Public accountability.--The Director shall identify on the
covered website any agency that has failed to provide--
``(A) the information required by the Director;
``(B) complete, accurate, and reliable information; or
``(C) the information during the timeframe specified by the
Director.
``(4) Annual updates.--
``(A) In general.--Not later than 90 days after the date on
which the covered website is established, and not less than once
during each year thereafter, the head of each agency shall
upload to the covered website updated information (if any) on--
``(i) the policy and supporting positions in the
agency;
``(ii) the appointees occupying such positions in
the agency; and
``(iii) the former appointees who served in such
positions in the agency under the President then in
office.
``(B) Supplement not supplant.--Information provided under
subparagraph (A) shall supplement, not supplant, previously
provided information under that subparagraph.
``(5) Opm help desk.--The Director shall establish a central help
desk, to be operated by not more than 1 full-time employee, to assist
any agency with implementing this section.
``(6) Coordination.--The Director may designate 1 or more agencies
to participate in the development, establishment, operation, and support
of the covered website. With respect to any such designation, the
Director may specify the scope of the responsibilities of the agency so
designated.
``(7) Data standards and timing.--The Director shall make available
on the covered website information regarding data collection standards,
quality assurance methods, and time frames for reporting data to the
Director.
``(8) Regulations.--The Director may prescribe regulations necessary
for the administration of this section.
``(g) Responsibility of Agencies.--
``(1) Provision of information.--Each agency shall comply with the
instructions and guidance issued by the Director to carry out this
section, and, upon request of the Director, shall provide appropriate
assistance to the Director to ensure the successful operation of the
covered website in the manner and within the timeframe specified by the
Director under subsection (f)(2).
``(2) Ensuring completeness, accuracy, and reliability.--With
respect to any submission of information described in paragraph (1), the
head of an agency shall include--
``(A) an explanation of how the agency ensured the
information is complete, accurate, and reliable; and
``(B) a certification that the information is complete,
accurate, and reliable.
``(h) Information Verification.--
``(1) Confirmation.--
``(A) In general.--On the date that is 90 days after the
date on which the covered website is established, the Director,
in coordination with the White House Office of Presidential
Personnel, shall confirm that the information on the covered
website is complete, accurate, reliable, and up-to-date.
``(B) Certification.--On the date on which the Director
makes a confirmation under subparagraph (A), the Director shall
publish on the covered website a certification that the
confirmation has been made.
``(2) Authority of director.--In carrying out paragraph (1), the
Director may--
``(A) request additional information from an agency; and
``(B) use any additional information provided to the
Director or the White House Office of Presidential Personnel for
the purposes of verification.
``(3) Public comment.--The Director shall establish a process under
which members of the public may provide feedback regarding the accuracy
of the information on the covered website.
``(i) Data Archiving.--
``(1) In general.--As soon as practicable after a transitional
inauguration day (as defined in section 3349a), the Director, in
consultation with the Archivist of the United States, shall archive the
data that was compiled on the covered website for the preceding
presidential administration.
``(2) Public availability.--The Director shall make the data
described in paragraph (1) publicly available over the internet--
``(A) on, or through a link on, the covered website;
``(B) at no cost; and
``(C) in a searchable, sortable, downloadable, and machine-
readable format.''.
(2) Clerical amendment.--The table of sections for subchapter I of
chapter 33 of title 5, United States Code, is amended by adding at the
end the following:
``3330f. Government policy and supporting position data.''.
(b) Other Matters.--
(1) Definitions.--In this subsection, the terms ``agency'',
``covered website'', ``Director'', and ``policy and supporting
position'' have the meanings given those terms in section 3330f of title
5, United States Code, as added by subsection (a).
(2) Gao review and report.--Not later than 1 year after the date on
which the Director establishes the covered website, the Comptroller
General of the United States shall conduct a review of, and issue a
briefing or report on, the implementation of this subtitle and the
amendments made by this subtitle, which shall include--
(A) the quality of data required to be collected and whether
the data is complete, accurate, timely, and reliable;
(B) any challenges experienced by agencies in implementing
this subtitle and the amendments made by this subtitle; and
(C) any suggestions or modifications to enhance compliance
with this subtitle and the amendments made by this subtitle,
including best practices for agencies to follow.
(3) Sunset of plum book.--Beginning on January 1, 2026--
(A) the covered website shall serve as the public directory
for policy and supporting positions in the Government; and
(B) the publication entitled ``United States Government
Policy and Supporting Positions'', commonly referred to as the
``Plum Book'', shall no longer be issued or published.
(4) Funding.--
(A) In general.--No additional amounts are authorized to be
appropriated to carry out this subtitle or the amendments made
by this subtitle.
(B) Other funding.--The Director shall carry out this
subtitle and the amendments made by this subtitle using amounts
otherwise available to the Director.
TITLE LIV--21ST CENTURY ASSISTIVE TECHNOLOGY ACT
Sec. 5401. Short title.
Sec. 5402. Reauthorization.
Sec. 5403. Effective date.
SEC. 5401. SHORT TITLE.
This title may be cited as the ``21st Century Assistive Technology Act''.
SEC. 5402. REAUTHORIZATION.
The Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) is amended to
read as follows:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Assistive Technology Act
of 1998'.
``(b) Table of Contents.--The table of contents of this Act is as follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Purposes.
``Sec. 3. Definitions.
``Sec. 4. Grants for State assistive technology programs.
``Sec. 5. Grants for protection and advocacy services related to
assistive technology.
``Sec. 6. Technical assistance and data collection support.
``Sec. 7. Projects of national significance.
``Sec. 8. Administrative provisions.
``Sec. 9. Authorization of appropriations; reservations and
distribution of funds.
``SEC. 2. PURPOSES.
``The purposes of this Act are to--
``(1) to support State efforts to improve the provision of assistive
technology to individuals with disabilities of all ages, including
underrepresented populations, through comprehensive statewide programs
of technology-related assistance that are designed to--
``(A) increase the availability of, funding for, access to,
provision of, and education about assistive technology devices
and assistive technology services;
``(B) increase the ability of individuals with disabilities
to secure and maintain possession of assistive technology
devices as such individuals make the transition between services
offered by educational or human service agencies or between
settings of daily living (for example, between home and work);
``(C) increase the capacity of public agencies and private
entities to provide and pay for assistive technology devices and
assistive technology services on a statewide basis for
individuals with disabilities;
``(D) increase the involvement of individuals with
disabilities and, if appropriate, their family members,
guardians, advocates, and authorized representatives, in
decisions related to the provision of assistive technology
devices and assistive technology services;
``(E) increase and promote coordination among and between
State and local agencies and private entities (such as managed
care providers), that are involved in carrying out activities
under this Act;
``(F) increase the awareness and facilitate the change of
laws, regulations, policies, practices, procedures, and
organizational structures that facilitate the availability or
provision of assistive technology devices and assistive
technology services; and
``(G) increase awareness and knowledge of the benefits of
assistive technology devices and assistive technology services
among targeted individuals and entities and the general
population; and
``(2) to provide States and protection and advocacy systems with
financial assistance that supports programs designed to maximize the
ability of individuals with disabilities and their family members,
guardians, advocates, and authorized representatives to obtain assistive
technology devices and assistive technology services.
``SEC. 3. DEFINITIONS.
``In this Act:
``(1) Adult service program.--The term `adult service program' means
a program that provides services to, or is otherwise substantially
involved with the major life functions of, individuals with
disabilities. Such term includes--
``(A) a program providing residential, supportive, or
employment-related services, to individuals with disabilities;
``(B) a program carried out by a center for independent
living, such as a center described in part C of title VII of the
Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.);
``(C) a program carried out by an employment support agency
connected to adult vocational rehabilitation, such as a one-stop
partner, as defined in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102); and
``(D) a program carried out by another organization or
vender licensed or registered by the designated State agency, as
defined in section 7 of the Rehabilitation Act of 1973 (29
U.S.C. 705).
``(2) American indian consortium.--The term `American Indian
consortium' means an entity that is an American Indian Consortium (as
defined in section 102 of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 U.S.C. 15002)), and that is established
to provide protection and advocacy services for purposes of receiving
funding under subtitle C of title I of such Act (42 U.S.C. 15041 et
seq.).
``(3) Assistive technology.--The term `assistive technology' means
technology designed to be utilized in an assistive technology device or
assistive technology service.
``(4) Assistive technology device.--The term `assistive technology
device' means any item, piece of equipment, or product system, whether
acquired commercially, modified, or customized, that is used to
increase, maintain, or improve functional capabilities of individuals
with disabilities.
``(5) Assistive technology service.--The term `assistive technology
service' means any service that directly assists an individual with a
disability in the selection, acquisition, or use of an assistive
technology device. Such term includes--
``(A) the evaluation of the assistive technology needs of an
individual with a disability, including a functional evaluation
of the impact of the provision of appropriate assistive
technology devices and services to the individual in the
customary environment of the individual;
``(B) a service consisting of purchasing, leasing, or
otherwise providing for the acquisition of assistive technology
devices by individuals with disabilities;
``(C) a service consisting of selecting, designing, fitting,
customizing, adapting, applying, maintaining, repairing,
replacing, or donating assistive technology devices;
``(D) coordination and use of necessary therapies,
interventions, or services with assistive technology devices,
such as therapies, interventions, or services associated with
education and rehabilitation plans and programs;
``(E) instruction or technical assistance for an individual
with a disability or, where appropriate, the family members,
guardians, advocates, or authorized representatives of such an
individual;
``(F) instruction or technical assistance for professionals
(including individuals providing education and rehabilitation
services and entities that manufacture or sell assistive
technology devices), employers, providers of employment and
training services, or other individuals who provide services to,
employ, or are otherwise substantially involved in the major
life functions of individuals with disabilities; and
``(G) a service consisting of expanding the availability of
access to technology, including electronic and information
technology, to individuals with disabilities.
``(6) Capacity building and advocacy activities.--The term `capacity
building and advocacy activities' means efforts that--
``(A) result in laws, regulations, policies, practices,
procedures, or organizational structures that promote consumer-
responsive programs or entities; and
``(B) facilitate and increase access to, provision of, and
funding for assistive technology devices and assistive
technology services, in order to empower individuals with
disabilities to achieve greater independence, productivity, and
integration and inclusion within the community and the
workforce.
``(7) Comprehensive statewide program of technology-related
assistance.--The term `comprehensive statewide program of technology-
related assistance' means a consumer-responsive program of technology-
related assistance for individuals with disabilities that--
``(A) is implemented by a State;
``(B) is equally available to all individuals with
disabilities residing in the State, regardless of their type of
disability, age, income level, or location of residence in the
State, or the type of assistive technology device or assistive
technology service required; and
``(C) incorporates all the activities described in section
4(e) (unless excluded pursuant to section 4(e)(5)).
``(8) Consumer-responsive.--The term `consumer-responsive'--
``(A) with regard to policies, means that the policies are
consistent with the principles of--
``(i) respect for individual dignity, personal
responsibility, self-determination, and pursuit of
meaningful careers, based on informed choice, of
individuals with disabilities;
``(ii) respect for the privacy, rights, and equal
access (including the use of accessible formats) of such
individuals;
``(iii) inclusion, integration, and full
participation of such individuals in society;
``(iv) support for the involvement in decisions of a
family member, a guardian, an advocate, or an authorized
representative, if an individual with a disability
requests, desires, or needs such involvement; and
``(v) support for individual and systems advocacy
and community involvement; and
``(B) with respect to an entity, program, or activity, means
that the entity, program, or activity--
``(i) is easily accessible to, and usable by,
individuals with disabilities and, when appropriate,
their family members, guardians, advocates, or
authorized representatives;
``(ii) responds to the needs of individuals with
disabilities in a timely and appropriate manner; and
``(iii) facilitates the full and meaningful
participation of individuals with disabilities and their
family members, guardians, advocates, and authorized
representatives, in--
``(I) decisions relating to the provision of
assistive technology devices and assistive
technology services to such individuals; and
``(II) decisions related to the maintenance,
improvement, and evaluation of the comprehensive
statewide program of technology-related
assistance, including decisions that affect
capacity building and advocacy activities.
``(9) Disability.--The term `disability' has the meaning given the
term under section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102).
``(10) Individual with a disability.--The term `individual with a
disability' means any individual--
``(A) who has a disability; and
``(B) who is or would be enabled by an assistive technology
device or an assistive technology service to minimize
deterioration in functioning, to maintain a level of
functioning, or to achieve a greater level of functioning in any
major life activity.
``(11) Institution of higher education.--The term `institution of
higher education' has the meaning given such term in section 101(a) of
the Higher Education Act of 1965 (20 U.S.C. 1001(a)), and includes a
community college receiving funding under the Tribally Controlled
Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801 et
seq.).
``(12) Protection and advocacy services.--The term `protection and
advocacy services' means services that--
``(A) are described in subtitle C of title I of the
Developmental Disabilities Assistance and Bill of Rights Act of
2000 (42 U.S.C. 15041 et seq.), the Protection and Advocacy for
Individuals with Mental Illness Act (42 U.S.C. 10801 et seq.),
or section 509 of the Rehabilitation Act of 1973 (29 U.S.C.
794e); and
``(B) assist individuals with disabilities with respect to
assistive technology devices and assistive technology services.
``(13) Secretary.--The term `Secretary' means the Secretary of
Health and Human Services, acting through the Administrator of the
Administration for Community Living.
``(14) State.--
``(A) In general.--Except as provided in subparagraph (B),
the term `State' means each of the 50 States of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
``(B) Outlying areas.--In section 4(b):
``(i) Outlying area.--The term `outlying area' means
the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
``(ii) State.--The term `State' does not include the
United States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands.
``(15) State assistive technology program.--The term `State
assistive technology program' means a program authorized under section
4.
``(16) Targeted individuals and entities.--The term `targeted
individuals and entities' means--
``(A) individuals with disabilities and their family
members, guardians, advocates, and authorized representatives;
``(B) underrepresented populations;
``(C) individuals who work for public or private entities
(including centers for independent living described in part C of
title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et
seq.), insurers, or managed care providers) that have contact
with, or provide services to, individuals with disabilities;
``(D) educators and related services personnel, including
personnel in elementary, secondary, and postsecondary schools,
and in vocational and early intervention programs;
``(E) technology experts (including web designers and
procurement officials);
``(F) health, allied health, and rehabilitation
professionals, and employees of hospitals, skilled nursing,
intermediate care, and assisted living facilities (including
discharge planners);
``(G) employers, especially small business employers, and
providers of employment and training services;
``(H) entities that manufacture or sell assistive technology
devices;
``(I) entities that carry out community programs designed to
develop essential community services in rural and urban areas;
and
``(J) other appropriate individuals and entities, including
public and private entities involved in housing and
transportation, as determined for a State by the State.
``(17) Underrepresented population.--The term `underrepresented
population' means a population that is typically underrepresented in
service provision, and includes populations such as individuals who have
low-incidence disabilities, racial and ethnic minorities, low income
individuals, homeless individuals (including children and youth),
children in foster care, individuals with limited English proficiency,
individuals living in institutions seeking to transition to the
community from institutional settings, youth with disabilities aging
into adulthood, older individuals, or individuals living in rural areas.
``(18) Universal design.--The term `universal design' means a
concept or philosophy for designing and delivering products and services
that are usable by people with the widest possible range of functional
capabilities, which include products and services that are directly
accessible (without requiring assistive technologies) and products and
services that are interoperable with assistive technologies.
``SEC. 4. GRANTS FOR STATE ASSISTIVE TECHNOLOGY PROGRAMS.
``(a) Grants to States.--The Secretary shall award grants under subsection
(b) to States to maintain a comprehensive statewide program of assistive
technology-related assistance described in subsection (e) through State
assistive technology programs that are designed to--
``(1) maximize the ability of individuals with disabilities across
the human lifespan and across the wide array of disabilities, and their
family members, guardians, advocates, and authorized representatives, to
obtain assistive technology; and
``(2) increase access to assistive technology.
``(b) Amount of Financial Assistance.--
``(1) In general.--From funds made available to carry out this
section, the Secretary shall award a grant to each State, and outlying
area, that meets the requirements of this section from an allotment
determined in accordance with paragraph (2).
``(2) Calculation of state grants.--
``(A) Base year.--Except as provided in subparagraphs (B)
and (C), the Secretary shall allot to each State and outlying
area for a fiscal year an amount that is not less than the
amount the State or outlying area received under the grants
provided under section 4 of this Act (as in effect on the day
before the effective date of the 21st Century Assistive
Technology Act) for fiscal year 2022.
``(B) Ratable reduction.--
``(i) In general.--If funds made available to carry
out this section for any fiscal year are insufficient to
make the allotments required for each State and outlying
area under subparagraph (A) for such fiscal year, the
Secretary shall ratably reduce the allotments for such
fiscal year.
``(ii) Additional funds.--If, after the Secretary
makes the reductions described in clause (i), additional
funds become available to carry out this section for the
fiscal year, the Secretary shall ratably increase the
allotments, until the Secretary has allotted the entire
base year amount under subparagraph (A).
``(C) Appropriation higher than base year amount.--For a
fiscal year for which the amount of funds made available to
carry out this section is greater than the base year amount
under subparagraph (A) and no greater than $40,000,000, the
Secretary shall--
``(i) make the allotments described in subparagraph
(A);
``(ii) from a portion of the remainder of the funds
after the Secretary makes the allotments described in
clause (i), the Secretary shall--
``(I) from 50 percent of the portion, allot
to each State an equal amount; and
``(II) from 50 percent of the portion, allot
to each State an amount that bears the same
relationship to such 50 percent as the
population of the State bears to the population
of all States,
until each State has received an allotment of not less
than $410,000 under clause (i) and this clause; and
``(iii) from the remainder of the funds after the
Secretary makes the allotments described in clause (ii),
the Secretary shall--
``(I) from 80 percent of the remainder,
allot to each State an amount that bears the
same relationship to such 80 percent as the
population of the State bears to the population
of all States; and
``(II) from 20 percent of the remainder,
allot to each State an equal amount.
``(D) Appropriation higher than threshold amount.--For a
fiscal year for which the amount of funds made available to
carry out this section is $40,000,000 or greater, the Secretary
shall--
``(i) make the allotments described in subparagraph
(A);
``(ii) from the funds remaining after the allotment
described in clause (i), allot to each outlying area an
amount of such funds until each outlying area has
received an allotment of exactly $150,000 under clause
(i) and this clause;
``(iii) from a portion of the remainder of the funds
after the Secretary makes the allotments described in
clauses (i) and (ii), the Secretary shall--
``(I) from 50 percent of the portion, allot
to each State an equal amount; and
``(II) from 50 percent of the portion, allot
to each State an amount that bears the same
relationship to such 50 percent as the
population of the State bears to the population
of all States,
until each State has received an allotment of not less
than $450,000 under clause (i) and this clause; and
``(iv) from the remainder of the funds after the
Secretary makes the allotments described in clause
(iii), the Secretary shall--
``(I) from 80 percent of the remainder,
allot to each State an amount that bears the
same relationship to such 80 percent as the
population of the State bears to the population
of all States; and
``(II) from 20 percent of the remainder,
allot to each State an equal amount.
``(3) Availability of funds.--Amounts made available for a fiscal
year under this section shall be available for the fiscal year and the
year following the fiscal year.
``(c) Lead Agency, Implementing Entity, and Advisory Council.--
``(1) Lead agency and implementing entity.--
``(A) Lead agency.--
``(i) In general.--The Governor of a State shall
designate a public agency as a lead agency--
``(I) to control and administer the funds
made available through the grant awarded to the
State under this section; and
``(II) to submit the application described
in subsection (d) on behalf of the State, to
ensure conformance with Federal and State
accounting requirements.
``(ii) Duties.--The duties of the lead agency shall
include--
``(I) preparing the application described in
subsection (d) and carrying out State activities
described in that application, including making
programmatic and resource allocation decisions
necessary to implement the comprehensive
statewide program of technology-related
assistance;
``(II) coordinating the activities of the
comprehensive statewide program of technology-
related assistance among public and private
entities, including coordinating efforts related
to entering into interagency agreements and
maintaining and evaluating the program; and
``(III) coordinating efforts, in a way that
acknowledges the demographic characteristics of
individuals, related to the active, timely, and
meaningful participation by individuals with
disabilities and their family members,
guardians, advocates, or authorized
representatives, and other appropriate
individuals, with respect to activities carried
out through the grant.
``(B) Implementing entity.--The Governor may designate an
agency, office, or other entity to carry out State activities
under this section (referred to in this section as the
`implementing entity'), if such implementing entity is different
from the lead agency. The implementing entity shall carry out
responsibilities under this Act through a subcontract or another
administrative agreement with the lead agency.
``(C) Change in agency or entity.--
``(i) In general.--On obtaining the approval of the
Secretary--
``(I) the Governor may redesignate the lead
agency of a State, if the Governor shows to the
Secretary, in accordance with subsection
(d)(2)(B), good cause why the agency designated
as the lead agency should not serve as that
agency; and
``(II) the Governor may redesignate the
implementing entity of a State, if the Governor
shows to the Secretary in accordance with
subsection (d)(2)(B), good cause why the entity
designated as the implementing entity should not
serve as that entity.
``(ii) Construction.--Nothing in this paragraph
shall be construed to require the Governor of a State to
change the lead agency or implementing entity of the
State to an agency other than the lead agency or
implementing entity of such State as of the date of
enactment of the `21st Century Assistive Technology
Act'.
``(2) Advisory council.--
``(A) In general.--There shall be established an advisory
council to provide consumer-responsive, consumer-driven advice
to the State for planning, implementation, and evaluation of the
activities carried out through the grant, including setting the
measurable goals described in subsection (d)(3)(C).
``(B) Composition and representation.--
``(i) Composition.--The advisory council shall be
composed of--
``(I) individuals with disabilities who use
assistive technology or the family members or
guardians of the individuals;
``(II) a representative of the designated
State agency, as defined in section 7 of the
Rehabilitation Act of 1973 (29 U.S.C. 705);
``(III) a representative of the designated
State agency for individuals who are blind or
that provides assistance or services to adults
who are blind (within the meaning of section 101
of that Act (29 U.S.C. 721)), if such agency is
separate from the agency described in subclause
(II);
``(IV) a representative of a State center
for independent living described in part C of
title VII of the Rehabilitation Act of 1973 (29
U.S.C. 796f et seq.), or the Statewide
Independent Living Council established under
section 705 of such Act (29 U.S.C. 796d);
``(V) a representative of the State
workforce development board established under
section 101 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3111);
``(VI) a representative of the State
educational agency, as defined in section 8101
of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801);
``(VII) a representative of an alternative
financing program for assistive technology if--
``(aa) there is an alternative
financing program for assistive
technology in the State;
``(bb) such program is separate from
the State assistive technology program
supported under subsection (e)(2); and
``(cc) the program described in item
(aa) is operated by a nonprofit entity;
``(VIII) a representative of 1 or more of--
``(aa) the agency responsible for
administering the State Medicaid program
under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.);
``(bb) the designated State agency
for purposes of section 124 of the
Developmental Disabilities Assistance
and Bill of Rights Act of 2000 (42
U.S.C. 15024);
``(cc) the State agency designated
under section 305(a)(1) of the Older
Americans Act of 1965 (42 U.S.C.
3025(a)(1)), or an organization that
receives assistance under such Act (42
U.S.C. 3001 et seq.);
``(dd) an organization representing
disabled veterans;
``(ee) a University Center for
Excellence in Developmental Disabilities
Education, Research, and Service
designated under section 151(a) of the
Developmental Disabilities Assistance
and Bill of Rights Act of 2000 (42
U.S.C. 15061(a));
``(ff) the State protection and
advocacy system established in
accordance with section 143 of the
Developmental Disabilities Assistance
and Bill of Rights Act of 2000 (42
U.S.C. 15043); or
``(gg) the State Council on
Developmental Disabilities established
under section 125 of the Developmental
Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15025);
and
``(IX) representatives of other State
agencies, public agencies, or private
organizations, as determined by the State.
``(ii) Majority.--
``(I) In general.--Not less than 51 percent
of the members of the advisory council shall be
members appointed under clause (i)(I), a
majority of whom shall be individuals with
disabilities.
``(II) Representatives of agencies.--Members
appointed under subclauses (II) through (IX) of
clause (i) shall not count toward the majority
membership requirement established in subclause
(I).
``(iii) Representation.--The advisory council shall
be geographically representative of the State and
reflect the diversity of the State with respect to race,
ethnicity, age, and types of disabilities, and users of
types of services that an individual with a disability
may receive, including home and community-based services
(as defined in section 9817(a)(2) of the American Rescue
Plan Act of 2021 (42 U.S.C. 1396d note)), vocational
rehabilitation services (as defined in section 7 of the
Rehabilitation Act of 1973 (29 U.S.C. 705)), and
services through the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.).
``(C) Expenses.--The members of the advisory council shall
receive no compensation for their service on the advisory
council, but shall be reimbursed for reasonable and necessary
expenses actually incurred in the performance of official duties
for the advisory council.
``(D) Impact on existing statutes, rules, or policies.--
Nothing in this paragraph shall be construed to affect State
statutes, rules, or official policies relating to advisory
bodies for State assistive technology programs or require
changes to governing bodies of incorporated agencies that carry
out State assistive technology programs.
``(d) Application.--
``(1) In general.--Any State that desires to receive a grant under
this section shall submit an application to the Secretary, at such time,
in such manner, and containing such information as the Secretary may
require.
``(2) Lead agency and implementing entity.--
``(A) In general.--The application shall contain--
``(i) information identifying and describing the
lead agency referred to in subsection (c)(1)(A);
``(ii) information identifying and describing the
implementing entity referred to in subsection (c)(1)(B),
if the Governor of the State designates such an entity;
and
``(iii) a description of how individuals with
disabilities were involved in the development of the
application and will be involved in the implementation
of the activities to be carried out through the grant
and through the advisory council established in
accordance with subsection (c)(2).
``(B) Change in lead agency or implementing entity.--In any
case where--
``(i) the Governor requests to redesignate a lead
agency, the Governor shall include in, or amend, the
application to request the redesignation and provide a
written description of the rationale for the requested
change; or
``(ii) the Governor requests to redesignate an
implementing entity, the Governor shall include in, or
amend, the application to request the redesignation and
provide a written description of the rationale for the
requested change.
``(3) State plan.--The application under this subsection shall
include a State plan for assistive technology consisting of--
``(A) a description of how the State will carry out a
comprehensive statewide program that provides assistive
technology activities described in subsection (e) (unless
excluded by the State pursuant to subsection (e)(5));
``(B) a description of how the State will allocate and
utilize grant funds to implement the activities described in
subparagraph (A), including describing proposed budget
allocations and planned procedures for tracking expenditures for
the activities;
``(C) measurable goals, and a timeline for meeting the
goals, that the State has set for addressing the assistive
technology needs of individuals with disabilities in the State
related to--
``(i) education, including goals involving the
provision of assistive technology to individuals with
disabilities who receive services under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et
seq.);
``(ii) employment, including goals involving the
State vocational rehabilitation program carried out
under title I of the Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.);
``(iii) access to teleassistive technology to aid in
the access of health care services, including mental
health and substance use disorder services;
``(iv) accessible information and communication
technology instruction for individuals with disabilities
receiving assistive technology under this section; and
``(v) community living;
``(D) information describing how the State will quantifiably
measure the goals, in a manner consistent with the data
submitted through the progress reports under subsection (f), to
determine whether the goals have been achieved; and
``(E) a description of any activities described in
subsection (e) that the State will support with State or other
non-Federal funds.
``(4) Involvement of public and private entities.--The application
shall describe how various public and private entities, including
individuals with disabilities and their families, were involved in the
development of the application, including the measurable goals and
timeline described in paragraph (3)(C) and the description of how the
goals will be quantifiably measured described in paragraph (3)(D), and
will be involved in the implementation of the activities to be carried
out through the grant, including--
``(A) in cases determined to be appropriate by the State, a
description of the nature and extent of resources that will be
committed by public and private partners to assist in
accomplishing identified goals; and
``(B) a description of the mechanisms established to ensure
coordination of activities and collaboration between the
implementing entity, if any, and the State.
``(5) Assurances.--The application shall include assurances that--
``(A) the State will annually collect data related to the
required activities implemented by the State under this section
in order to prepare the progress reports required under
subsection (f);
``(B) funds received through the grant--
``(i) will be expended in accordance with this
section; and
``(ii) will be used to supplement, and not supplant,
funds available from other sources for technology-
related assistance, including the provision of assistive
technology devices and assistive technology services;
``(C) the lead agency will control and administer the funds
received through the grant;
``(D) the State will adopt such fiscal control and
accounting procedures as may be necessary to ensure proper
disbursement of and accounting for the funds received through
the grant;
``(E) the physical facility of the lead agency and
implementing entity, if any, meets the requirements of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) regarding accessibility for individuals with disabilities;
``(F) a public agency or an individual with a disability
holds title to any property purchased with funds received under
the grant and administers that property;
``(G) activities carried out in the State that are
authorized under this Act, and supported by Federal funds
received under this Act, will comply with the standards
established by the Architectural and Transportation Barriers
Compliance Board under section 508 of the Rehabilitation Act of
1973 (29 U.S.C. 794d); and
``(H) the State will--
``(i) prepare reports to the Secretary in such form
and containing such information as the Secretary may
require to carry out the Secretary's functions under
this Act; and
``(ii) keep such records and allow access to such
records as the Secretary may require to ensure the
correctness and verification of information provided to
the Secretary under this subparagraph.
``(e) Use of Funds.--
``(1) Required activities.--
``(A) In general.--Except as provided in subparagraph (B)
and paragraph (5), any State that receives a grant under this
section shall--
``(i) use a portion of not more than 40 percent of
the funds made available through the grant to carry out
all activities described in paragraph (3), of which not
less than 5 percent of such portion shall be available
for activities described in paragraph (3)(A)(iii); and
``(ii) use a portion of the funds made available
through the grant to carry out all of the activities
described in paragraph (2).
``(B) State or other non-federal financial support.--A State
receiving a grant under this section shall not be required to
use grant funds to carry out the category of activities
described in subparagraph (A), (B), (C), or (D) of paragraph (2)
in that State if, for such category of activities, financial
support is provided in that State--
``(i) from State or other non-Federal resources or
entities; and
``(ii) in an amount that is comparable to, or
greater than, the amount of the portion of the funds
made available through the grant that the State would
have expended for such category of activities, in the
absence of this subparagraph.
``(2) State-level activities.--
``(A) State financing activities.--The State shall support
State financing activities to increase access to, and funding
for, assistive technology devices and assistive technology
services (which shall not include direct payment for such a
device or service for an individual with a disability but may
include support and administration of a program to provide such
payment), including development of systems to provide and pay
for such devices and services, for targeted individuals and
entities described in section 3(16)(A), including--
``(i) support for the development of systems for the
purchase, lease, or other acquisition of, or payment
for, assistive technology devices and assistive
technology services;
``(ii) another mechanism that is approved by the
Secretary; or
``(iii) support for the development of a State-
financed or privately financed alternative financing
program engaged in the provision of assistive technology
devices, such as--
``(I) a low-interest loan fund;
``(II) an interest buy-down program;
``(III) a revolving loan fund; or
``(IV) a loan guarantee or insurance
program.
``(B) Device reutilization programs.--The State shall
directly, or in collaboration with public or private entities,
carry out assistive technology device reutilization programs
that provide for the exchange, repair, recycling, or other
reutilization of assistive technology devices, which may include
redistribution through device sales, loans, rentals, or
donations.
``(C) Device loan programs.--The State shall directly, or in
collaboration with public or private entities, carry out device
loan programs that provide short-term loans of assistive
technology devices to individuals, employers, public agencies,
or others seeking to meet the needs of targeted individuals and
entities, including others seeking to comply with the
Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.), the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), and section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794).
``(D) Device demonstrations.--
``(i) In general.--The State shall directly, or in
collaboration with public and private entities, such as
one-stop partners, as defined in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3102), demonstrate a variety of assistive technology
devices and assistive technology services (including
assisting individuals in making informed choices
regarding, and providing experiences with, the devices
and services), using personnel who are familiar with
such devices and services and their applications.
``(ii) Comprehensive information.--The State shall
directly, or through referrals, provide to individuals,
to the extent practicable, comprehensive information
about State and local assistive technology venders,
providers, and repair services.
``(3) State leadership activities.--
``(A) Educational activities and technical assistance.--
``(i) In general.--The State shall, directly or
through the provision of support to public or private
entities with demonstrated expertise in collaborating
with public or private agencies that serve individuals
with disabilities, develop and disseminate training
materials, conduct educational activities, and provide
technical assistance, for individuals statewide,
including representatives of State and local educational
agencies, State vocational rehabilitation programs,
other State and local agencies, early intervention
programs, adult service programs, hospitals and other
health care facilities, institutions of higher
education, and businesses.
``(ii) Authorized activities.--In carrying out
activities under clause (i), the State shall carry out
activities that enhance the knowledge, skills, and
competencies of individuals from local settings
described in such clause, which may include--
``(I) raising awareness and providing
instruction on the benefits of assistive
technology and the Federal, State, and private
funding sources available to assist targeted
individuals and entities in acquiring assistive
technology;
``(II) skills development in assessing the
need for assistive technology devices and
assistive technology services;
``(III) instruction to ensure the
appropriate application and use of assistive
technology devices, assistive technology
services, and accessible information and
communication technology for e-government
functions;
``(IV) instruction in the importance of
multiple approaches to assessment and
implementation necessary to meet the
individualized needs of individuals with
disabilities; and
``(V) technical instruction on integrating
assistive technology into the development and
implementation of service plans, including any
education, health, discharge, Olmstead,
employment, or other plan required under Federal
or State law.
``(iii) Transition assistance to individuals with
disabilities.--The State shall (directly or through the
provision of support to public or private entities)
develop and disseminate educational materials, conduct
educational activities, facilitate access to assistive
technology, and provide technical assistance, to
assist--
``(I) students with disabilities, within the
meaning of the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.), that
receive transition services; and
``(II) adults who are individuals with
disabilities maintaining or transitioning to
community living.
``(B) Public-awareness activities.--
``(i) In general.--The State shall conduct public-
awareness activities designed to provide information to
targeted individuals and entities relating to the
availability, benefits, appropriateness, and costs of
assistive technology devices and assistive technology
services, including--
``(I) the development of procedures for
providing direct communication between providers
of assistive technology and targeted individuals
and entities, which may include partnerships
with entities in the statewide and local
workforce development systems established under
the Workforce Innovation and Opportunity Act (29
U.S.C. 3101 et seq.), State vocational
rehabilitation programs, public and private
employers, centers for independent living
described in part C of title VII of the
Rehabilitation Act of 1973 (29 U.S.C. 796f et
seq.), Aging and Disability Resource Centers (as
defined in section 102 of the Older Americans
Act of 1965 (42 U.S.C. 3002)), or elementary
schools and secondary schools (as defined in
section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801));
``(II) the development and dissemination, to
targeted individuals and entities, of
information about State efforts related to
assistive technology; and
``(III) the distribution of materials to
appropriate public and private agencies that
provide social, medical, educational,
employment, housing, and transportation services
to individuals with disabilities.
``(ii) Statewide information and referral system.--
``(I) In general.--The State shall directly,
or in collaboration with public or private
entities (including nonprofit organizations),
provide for the continuation and enhancement of
a statewide information and referral system
designed to meet the needs of targeted
individuals and entities.
``(II) Content.--The system shall deliver
information on assistive technology devices,
assistive technology services (with specific
data regarding provider availability within the
State), and the availability of resources,
including funding through public and private
sources, to obtain assistive technology devices
and assistive technology services. The system
shall also deliver information on the benefits
of assistive technology devices and assistive
technology services with respect to enhancing
the capacity of individuals with disabilities to
perform activities of daily living.
``(C) Coordination and collaboration.--The State shall
coordinate activities described in paragraph (2) and this
paragraph, among public and private entities that are
responsible for policies, procedures, or funding for the
provision of assistive technology devices and assistive
technology services to improve access to such devices and
services in the State.
``(4) Funding rules.--
``(A) Prohibition.--Funds made available through a grant to
a State under this section shall not be used for direct payment
for an assistive technology device for an individual with a
disability.
``(B) Federal partner collaboration.--In order to coordinate
efforts regarding the availability of funding to access and
acquire assistive technology through device demonstration, loan,
reuse, and State financing activities, a State receiving a grant
under this section shall ensure that the lead agency or
implementing entity is conducting outreach to and, as
appropriate, collaborating with, other State agencies that
receive Federal funding for assistive technology, including--
``(i) the State educational agency receiving
assistance under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.);
``(ii) the State vocational rehabilitation agency
receiving assistance under title I of the Rehabilitation
Act of 1973 (29 U.S.C. 720 et seq.);
``(iii) the agency responsible for administering the
State Medicaid program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.);
``(iv) the State agency receiving assistance under
the Older Americans Act of 1965 (42 U.S.C. 3001 et
seq.); and
``(v) any other agency in a State that funds
assistive technology.
``(C) Indirect costs.--Not more than 10 percent of the funds
made available through a grant to a State under this section may
be used for indirect costs.
``(5) State flexibility.--
``(A) In general.--Notwithstanding paragraph (1)(A) and
subject to subparagraph (B), a State may use funds that the
State receives under a grant awarded under this section to carry
out any 2 or more of the activities described in paragraph (2).
``(B) Special rule.--Notwithstanding paragraph (1)(A), any
State that exercises its authority under subparagraph (A)--
``(i) shall carry out each of the required
activities described in paragraph (3); and
``(ii) shall use not more than 30 percent of the
funds made available through the grant to carry out such
activities.
``(6) Assistive technology device disposition.--Notwithstanding
other equipment disposition policy under Federal law, an assistive
technology device purchased to be used in activities authorized under
this section may be reutilized to the maximum extent possible and then
donated to a public agency, private nonprofit agency, or individual with
a disability in need of such device.
``(f) Annual Progress Reports.--
``(1) Data collection.--Each State receiving a grant under this
section shall participate in data collection as required by law,
including data collection required for preparation of the reports
described in paragraph (2).
``(2) Reports.--
``(A) In general.--Each State shall prepare and submit to
the Secretary an annual progress report on the activities
carried out by the State in accordance with subsection (e),
including activities funded by State or other non-Federal
sources under subsection (e)(1)(B) at such time, and in such
manner, as the Secretary may require.
``(B) Contents.--The report shall include data collected
pursuant to this section. The report shall document, with
respect to activities carried out under this section in the
State--
``(i) the type of State financing activities
described in subsection (e)(2)(A) used by the State;
``(ii) the amount and type of assistance given to
consumers of the State financing activities described in
subsection (e)(2)(A) (which shall be classified by type
of assistive technology device or assistive technology
service financed through the State financing activities,
and geographic distribution within the State),
including--
``(I) the number of applications for
assistance received;
``(II) the number of applications--
``(aa) approved;
``(bb) denied; or
``(cc) withdrawn;
``(III) the number, percentage, and dollar
amount of defaults for the financing activities;
``(IV) the range and average interest rate
for the financing activities;
``(V) the range and average income of
approved applicants for the financing
activities; and
``(VI) the types and dollar amounts of
assistive technology financed;
``(iii) the number, type, and length of time of
loans of assistive technology devices provided to
individuals with disabilities, employers, public
agencies, or public accommodations through the device
loan program described in subsection (e)(2)(C), and an
analysis of the types of such devices provided through
the program, and how each device benefitted the
individual who received such device;
``(iv) the number, type, estimated value, and scope
of assistive technology devices exchanged, repaired,
recycled, or reutilized (including redistributed through
device sales, loans, rentals, or donations) through the
device reutilization program described in subsection
(e)(2)(B), and an analysis of the individuals with
disabilities who have benefited from the device
reutilization program;
``(v) the number and type of device demonstrations
and referrals provided under subsection (e)(2)(D), and
an analysis of individuals with disabilities who have
benefited from the demonstrations and referrals;
``(vi)(I) the number and general characteristics of
individuals who participated in educational activities
under subsection (e)(3)(A) (such as individuals with
disabilities, parents, educators, employers, providers
of employment services, health care workers, counselors,
other service providers, or venders) and the topics of
such educational activities; and
``(II) to the extent practicable, the geographic
distribution of individuals who participated in the
educational activities;
``(vii) the frequency of provision and nature of
technical assistance provided to State and local
agencies and other entities;
``(viii) the number of individuals assisted through
the statewide information and referral system described
in subsection (e)(3)(B)(ii) and descriptions of the
public awareness activities under subsection (e)(3)(B);
``(ix) the outcomes of any improvement initiatives
carried out by the State as a result of activities
funded under this section, including a description of
any written policies, practices, and procedures that the
State has developed and implemented regarding access to,
provision of, and funding for, assistive technology
devices, and assistive technology services, in the
contexts of education, health care, employment,
community living, and accessible information and
communication technology, including e-government;
``(x) the source of leveraged funding or other
contributed resources, including resources provided
through subcontracts or other collaborative resource-
sharing agreements, from and with public and private
entities to carry out State activities described in
subsection (e)(3)(C), the number of individuals served
with the contributed resources for which information is
not reported under clauses (i) through (ix) or clause
(xi), and other outcomes accomplished as a result of
such activities carried out with the contributed
resources; and
``(xi) the level of customer satisfaction with the
services provided.
``SEC. 5. GRANTS FOR PROTECTION AND ADVOCACY SERVICES RELATED TO ASSISTIVE
TECHNOLOGY.
``(a) Grants.--
``(1) In general.--The Secretary shall make grants under subsection
(b) to protection and advocacy systems in each State for the purpose of
enabling such systems to assist in the acquisition, utilization, or
maintenance of assistive technology devices or assistive technology
services for individuals with disabilities.
``(2) General authorities.--In providing the assistance described
under paragraph (1), protection and advocacy systems shall have the same
general authorities as the systems are afforded under subtitle C of
title I of the Developmental Disabilities Assistance and Bill of Rights
Act of 2000 (42 U.S.C. 15041 et seq.).
``(b) Reservation; Distribution.--
``(1) Reservation.--For each fiscal year, the Secretary shall
reserve, from the amounts made available to carry out this section under
section 9(b)(2)(B), such sums as may be necessary to carry out paragraph
(4).
``(2) Population basis.--From the amounts appropriated to carry out
this section for a fiscal year that remain after the reservation
required under paragraph (1) has been made, the Secretary shall make a
grant to a protection and advocacy system within each State in an amount
bearing the same ratio to the remaining amounts as the population of the
State bears to the population of all States.
``(3) Minimums.--Subject to the availability of appropriations and
paragraph (5), the amount of a grant to a protection and advocacy system
under paragraph (2) for a fiscal year shall--
``(A) in the case of a protection and advocacy system
located in American Samoa, Guam, the United States Virgin
Islands, or the Commonwealth of the Northern Mariana Islands,
not be less than $30,000; and
``(B) in the case of a protection and advocacy system
located in a State not described in subparagraph (A), not be
less than $50,000.
``(4) Payment to the system serving the american indian
consortium.--
``(A) In general.--The Secretary shall make grants to the
protection and advocacy system serving the American Indian
consortium to provide services in accordance with this section.
``(B) Amount of grants.--The amount of a grant under
subparagraph (A) shall be the same as the amount provided under
paragraph (3)(A).
``(5) Adjustments.--For each fiscal year for which the total amount
appropriated under section 9(b)(2)(B) to carry out this section is
$8,000,000 or more and such appropriated amount exceeds the total amount
appropriated to carry out this section for the preceding fiscal year,
the Secretary shall increase each of the minimum grant amounts described
in subparagraphs (A) and (B) of paragraph (3) and paragraph (4)(B) by a
percentage equal to the percentage increase in the total amount
appropriated under section 9 to carry out this section for the preceding
fiscal year and such total amount for the fiscal year for which the
determination is being made.
``(c) Direct Payment.--Notwithstanding any other provision of law, the
Secretary shall pay directly to any protection and advocacy system that complies
with this section, the total amount of the grant made for such system under this
section, unless the system provides otherwise for payment of the grant amount.
``(d) Carryover; Program Income.--
``(1) Carryover.--Any amount paid to a protection and advocacy
system for a fiscal year under this section that remains unobligated at
the end of such fiscal year shall remain available to such system for
obligation during the subsequent fiscal year.
``(2) Program income.--Program income generated from any amount paid
to a protection and advocacy system for a fiscal year shall--
``(A) remain available to the protection and advocacy system
for 5 additional fiscal years after the year in which such
amount was paid to the protection and advocacy system and be
considered an addition to the grant; and
``(B) only be used to improve the awareness of individuals
with disabilities about the accessibility of assistive
technology and assist such individuals in the acquisition,
utilization, or maintenance of assistive technology devices or
assistive technology services.
``(e) Report to Secretary.--A protection and advocacy system that receives a
grant under this section shall annually prepare and submit to the Secretary a
report that contains documentation of the progress of the protection and
advocacy system in--
``(1) conducting consumer-responsive activities, including
activities that will lead to increased access for individuals with
disabilities to funding for assistive technology devices and assistive
technology services;
``(2) engaging in informal advocacy to assist in securing assistive
technology devices and assistive technology services for individuals
with disabilities;
``(3) engaging in formal representation for individuals with
disabilities to secure systems change, and in advocacy activities to
secure assistive technology devices and assistive technology services
for individuals with disabilities;
``(4) developing and implementing strategies to enhance the long-
term abilities of individuals with disabilities and their family
members, guardians, advocates, and authorized representatives to
advocate the provision of assistive technology devices and assistive
technology services to which the individuals with disabilities are
entitled under law other than this Act;
``(5) coordinating activities with protection and advocacy services
funded through sources other than this Act, and coordinating activities
with the capacity building and advocacy activities carried out by the
lead agency; and
``(6) effectively allocating funds made available under this section
to improve the awareness of individuals with disabilities about the
accessibility of assistive technology and assist such individuals in the
acquisition, utilization, or maintenance of assistive technology devices
or assistive technology services.
``(f) Reports and Updates to State Agencies.--A protection and advocacy
system that receives a grant under this section shall prepare and submit to the
lead agency of the State designated under section 4(c)(1) the report described
in subsection (e) and quarterly updates concerning the activities described in
such subsection.
``(g) Coordination.--On making a grant under this section to a protection
and advocacy system in a State, the Secretary shall solicit and consider the
opinions of the lead agency of the State with respect to efforts at coordination
of activities, collaboration, and promoting outcomes between the lead agency and
the protection and advocacy system that receives the grant under this section.
``SEC. 6. TECHNICAL ASSISTANCE AND DATA COLLECTION SUPPORT.
``(a) Definitions.--In this section:
``(1) Qualified data collection and reporting entity.--The term
`qualified data collection and reporting entity' means an entity with
demonstrated expertise in data collection and reporting as described in
section 4(f)(2)(B), in order to--
``(A) provide recipients of grants under this Act with
instruction and technical assistance; and
``(B) assist such recipients with data collection and data
requirements.
``(2) Qualified protection and advocacy system technical assistance
provider.--The term `qualified protection and advocacy system technical
assistance provider' means an entity that has experience in--
``(A) working with protection and advocacy systems
established in accordance with section 143 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15043); and
``(B) providing technical assistance to protection and
advocacy agencies.
``(3) Qualified technical assistance provider.--The term `qualified
technical assistance provider' means an entity with demonstrated
expertise in assistive technology and that has (directly or through
grant or contract)--
``(A) experience and expertise in administering programs,
including developing, implementing, and administering all of the
activities described in section 4(e); and
``(B) documented experience in and knowledge about--
``(i) assistive technology device loan and
demonstration;
``(ii) assistive technology device reuse;
``(iii) financial loans and microlending, including
the activities of alternative financing programs for
assistive technology; and
``(iv) State leadership activities.
``(b) Technical Assistance and Data Collection Support Authorized.--
``(1) Support for assistive technology educational activities and
technical assistance.--From amounts made available under section
9(b)(1), the Secretary shall award, on a competitive basis, grants,
contracts, or cooperative agreements--
``(A) to qualified technical assistance providers to support
activities described in subsection (d)(1) for States receiving
grants under section 4; and
``(B) to qualified protection and advocacy system technical
assistance providers to support activities described in
subsection (d)(1) for protection and advocacy systems receiving
grants under section 5.
``(2) Support for data collection and reporting assistance.--From
amounts made available under section 9(b)(1), the Secretary shall award,
on a competitive basis, grants, contracts, or cooperative agreements--
``(A) to qualified data collection and reporting entities,
to enable the qualified data collection and reporting entities
to carry out the activities described in subsection (d)(2) for
States receiving grants under section 4; and
``(B) to qualified protection and advocacy system technical
assistance providers, to enable the providers to carry out the
activities described in subsection (d)(2) for protection and
advocacy systems receiving grants under section 5.
``(c) Application.--
``(1) In general.--To be eligible to receive a grant, contract, or
cooperative agreement under this section, an entity shall submit an
application to the Secretary at such time, in such manner, and
containing the following information:
``(A) A description of the activities such entity will carry
out with the grant, contract, or cooperative agreement under
subsection (d).
``(B) A description of the expertise such entity has to
carry out such activities.
``(C) In the case of an entity applying to receive a grant,
contract, or cooperative agreement under subsection (b)(1), a
description of such entity's plan for complying with the
requirements described in subsection (d)(1)(B).
``(D) A description of such entity's plan to comply with all
relevant State and Federal laws, regulations, and policies with
respect to data privacy and security.
``(E) Such other information as the Secretary may require.
``(2) Input.--In developing grants, contracts, or cooperative
agreements under this section, the Secretary shall consider the input of
the recipients of grants under sections 4 and 5 and other individuals
the Secretary determines to be appropriate, especially--
``(A) individuals with disabilities who use assistive
technology and understand the barriers to the acquisition of
such technology and assistive technology services;
``(B) family members, guardians, advocates, and authorized
representatives of such individuals;
``(C) relevant employees from Federal departments and
agencies, other than the Department of Health and Human
Services;
``(D) representatives of businesses; and
``(E) venders and public and private researchers and
developers.
``(d) Authorized Activities.--
``(1) Use of funds for assistive technology technical assistance.--
``(A) Technical assistance efforts.--A qualified technical
assistance provider or qualified protection and advocacy system
technical assistance provider receiving a grant, contract, or
cooperative agreement under subsection (b)(1) shall support a
technical assistance program for States or protection and
advocacy systems receiving a grant under section 4 or 5,
respectively, that--
``(i) addresses State-specific information requests
concerning assistive technology from entities funded
under this Act and public entities not funded under this
Act, including--
``(I) effective approaches to Federal-State
coordination of programs for individuals with
disabilities related to improving funding for or
access to assistive technology devices and
assistive technology services for individuals
with disabilities;
``(II) model State and local laws,
regulations, policies, practices, procedures,
and organizational structures, that facilitate,
and overcome barriers to, funding for, and
access to, assistive technology devices and
assistive technology services;
``(III) effective approaches to developing,
implementing, evaluating, and sustaining
activities described in section 4 or 5, as the
case may be, and related to improving
acquisition and access to assistive technology
devices and assistive technology services for
individuals with disabilities, and requests for
assistance in developing corrective action
plans;
``(IV) policies, practices, procedures,
regulations, or judicial decisions related to
access to and acquisition of assistive
technology devices and assistive technology
services for individuals with disabilities;
``(V) effective approaches to the
development of consumer-controlled systems that
increase access to, funding for, and awareness
of, assistive technology devices and assistive
technology services; and
``(VI) other requests for information and
technical assistance from entities funded under
this Act; and
``(ii) in the case of a program that will serve
States receiving grants under section 4--
``(I) assists targeted individuals and
entities by disseminating information and
responding to requests relating to assistive
technology by providing referrals to recipients
of grants under section 4 or other public or
private resources; and
``(II) provides State-specific, regional,
and national technical assistance concerning
assistive technology to entities funded under
this Act, and public and private entities not
funded under this Act, including--
``(aa) annually providing a forum
for exchanging information concerning,
and promoting program and policy
improvements in, required activities of
the State assistive technology programs;
``(bb) facilitating onsite and
electronic information sharing using
state-of-the-art internet technologies
such as real-time online discussions,
multipoint video conferencing, and web-
based audio or video broadcasts, on
emerging topics that affect State
assistive technology programs;
``(cc) convening experts from State
assistive technology programs to discuss
and make recommendations with regard to
national emerging issues of importance
to individuals with assistive technology
needs;
``(dd) sharing best practice and
evidence-based practices among State
assistive technology programs;
``(ee) developing or maintaining an
accessible, national, and public website
that includes information, tools, and
resources on assistive technology
devices and assistive technology
services and links to State assistive
technology programs, appropriate Federal
departments and agencies, and private
resources;
``(ff) developing a resource that
connects individuals from a State with
the State assistive technology program
in their State;
``(gg) providing access to experts
in the State-level activities described
in section 4(e)(2) through site visits,
teleconferences, and other means, to
ensure access to information for
entities that are carrying out new
programs or programs that are not making
progress in achieving the objectives of
the programs; and
``(hh) supporting and coordinating
activities designed to reduce the
financial costs of purchasing assistive
technology for the activities described
in section 4(e), and reducing
duplication of activities among State
assistive technology programs.
``(B) Collaboration.--In developing and providing technical
assistance under this paragraph, a qualified technical
assistance provider or qualified protection and advocacy system
technical assistance provider receiving a grant, contract, or
cooperative agreement under subsection (b)(1) shall--
``(i) collaborate with--
``(I) organizations representing individuals
with disabilities;
``(II) national organizations representing
State assistive technology programs;
``(III) organizations representing State
officials and agencies engaged in the delivery
of assistive technology;
``(IV) other qualified protection and
advocacy system technical assistance providers
and qualified technical assistance providers;
``(V) providers of State financing
activities, including alternative financing
programs for assistive technology;
``(VI) providers of device loans, device
demonstrations, and device reutilization; and
``(VII) any other organizations determined
appropriate by the provider or the Secretary;
and
``(ii) in the case of a qualified technical
assistance provider, include activities identified as
priorities by State advisory councils and lead agencies
and implementing entities for grants under section 4.
``(2) Use of funds for assistive technology data collection and
reporting assistance.--A qualified data collection and reporting entity
or a qualified protection and advocacy system technical assistance
provider receiving a grant, contract, or cooperative agreement under
subsection (b)(2) shall assist States or protection and advocacy systems
receiving a grant under section 4 or 5, respectively, to develop and
implement effective and accessible data collection and reporting systems
that--
``(A) focus on quantitative and qualitative data elements;
``(B) help measure the impact of the activities to
individuals who need assistive technology;
``(C) in the case of systems that will serve States
receiving grants under section 4--
``(i) measure the outcomes of all activities
described in section 4(e) and the progress of the States
toward achieving the measurable goals described in
section 4(d)(3)(C); and
``(ii) provide States with the necessary information
required under this Act or by the Secretary for reports
described in section 4(f)(2); and
``(D) are in full compliance with all relevant State and
Federal laws, regulations, and policies with respect to data
privacy and security.
``SEC. 7. PROJECTS OF NATIONAL SIGNIFICANCE.
``(a) Definition of Project of National Significance.--In this section, the
term `project of national significance'--
``(1) means a project that--
``(A) increases access to, and acquisition of, assistive
technology; and
``(B) creates opportunities for individuals with
disabilities to directly and fully contribute to, and
participate in, all facets of education, employment, community
living, and recreational activities; and
``(2) may--
``(A) develop and expand partnerships between State Medicaid
agencies and recipients of grants under section 4 to reutilize
durable medical equipment;
``(B) increase collaboration between the recipients of
grants under section 4 and States receiving grants under the
Money Follows the Person Rebalancing Demonstration under section
6071 of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a
note);
``(C) increase collaboration between recipients of grants
under section 4 and area agencies on aging, as such term is
defined in section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002), which may include collaboration on emergency
preparedness, safety equipment, or assistive technology
toolkits;
``(D) provide aid to assist youth with disabilities to
transition from school to adult life, especially in--
``(i) finding employment and postsecondary education
opportunities; and
``(ii) upgrading and changing any assistive
technology devices that may be needed as a youth
matures;
``(E) increase access to and acquisition of assistive
technology addressing the needs of aging individuals and aging
caregivers in the community;
``(F) increase effective and efficient use of assistive
technology as part of early intervention for infants and
toddlers with disabilities from birth to age 3;
``(G) increase awareness of and access to the Disability
Funds-Financial Assistance funding provided by the Community
Development Financial Institutions Fund that supports
acquisition of assistive technology; and
``(H) increase awareness of and access to assistive
technology, such as through models described in subclauses (I)
through (IV) of section 4(e)(2)(A)(iii) and other Federally
funded disability programs.
``(b) Projects Authorized.--If funds are available pursuant to section 9(c)
to carry out this section for a fiscal year, the Secretary may award, on a
competitive basis, grants, contracts, and cooperative agreements to public or
private nonprofit entities to enable the entities to carry out projects of
national significance.
``(c) Application.--A public or private nonprofit entity desiring a grant
under this section shall submit an application to the Secretary at such time, in
such manner, and containing a description of the project of national
significance the entity proposes to carry out under this section.
``(d) Award Preference.--For each grant award period, the Secretary may give
preference for 1 or more categories of projects of national significance
described in subparagraphs (A) through (H) of subsection (a)(2).
``(e) Minimum Funding Level Required.--The Secretary may only award grants,
contracts, or cooperative agreements under this section if the amount made
available under section 9 to carry out sections 4, 5, and 6 is equal to or
greater than $49,000,000.
``SEC. 8. ADMINISTRATIVE PROVISIONS.
``(a) General Administration.--
``(1) In general.--Notwithstanding any other provision of law, the
Administrator of the Administration for Community Living of the
Department of Health and Human Services (referred to in this section as
the `Administrator') shall be responsible for the administration of this
Act.
``(2) Collaboration.--The Administrator shall consult with the
Office of Special Education Programs of the Department of Education, the
Rehabilitation Services Administration of the Department of Education,
the Office of Disability Employment Policy of the Department of Labor,
and other appropriate Federal entities in the administration of this
Act.
``(3) Administration.--
``(A) In general.--In administering this Act, the
Administrator shall ensure that programs funded under this Act
will address--
``(i) the needs of individuals with all types of
disabilities and across the lifespan; and
``(ii) the use of assistive technology in all
potential environments, including employment, education,
and community living.
``(B) Funding limitations.--For each fiscal year, not more
than \1/2\ of 1 percent of the total funding appropriated for
this Act shall be used by the Administrator to support the
administration of this Act.
``(b) Review of Participating Entities.--
``(1) In general.--The Secretary shall assess the extent to which
entities that receive grants under this Act are complying with the
applicable requirements of this Act and achieving measurable goals that
are consistent with the requirements of the grant programs under which
the entities received the grants.
``(2) Provision of information.--To assist the Secretary in carrying
out the responsibilities of the Secretary under this section, the
Secretary may require States to provide relevant information, including
the information required under subsection (d).
``(c) Corrective Action and Sanctions.--
``(1) Corrective action.--If the Secretary determines that an entity
that receives a grant under this Act fails to substantially comply with
the applicable requirements of this Act, or to make substantial progress
toward achieving the measurable goals described in subsection (b)(1)
with respect to the grant program, the Secretary shall assist the
entity, through technical assistance funded under section 6 or other
means, within 90 days after such determination, to develop a corrective
action plan.
``(2) Sanctions.--If the entity fails to develop and comply with a
corrective action plan described in paragraph (1) during a fiscal year,
the entity shall be subject to 1 of the following corrective actions
selected by the Secretary:
``(A) Partial or complete termination of funding under the
grant program, until the entity develops and complies with such
a plan.
``(B) Ineligibility to participate in the grant program in
the following fiscal year.
``(C) Reduction in the amount of funding that may be used
for indirect costs under section 4 for the following fiscal
year.
``(D) Required redesignation of the lead agency designated
under section 4(c)(1) or an entity responsible for administering
the grant program.
``(3) Appeals procedures.--The Secretary shall establish appeals
procedures for entities that are determined to be in noncompliance with
the applicable requirements of this Act, or have not made substantial
progress toward achieving the measurable goals described in subsection
(b)(1).
``(4) Secretarial action.--As part of the annual report required
under subsection (d), the Secretary shall describe each such action
taken under paragraph (1) or (2) and the outcomes of each such action.
``(5) Public notification.--Not later than 30 days after taking an
action under paragraph (1) or (2), the Secretary shall notify the
public, by posting on an easily accessible portion of the internet
website of the Department of Health and Human Services, notification of
each action taken by the Secretary under paragraph (1) or (2). As a part
of such notification, the Secretary shall describe each such action
taken under paragraph (1) or (2) and the outcomes of each such action.
``(d) Annual Report to Congress.--
``(1) In general.--Not later than December 31 of each year, the
Secretary shall prepare and submit to the President, the Committee on
Health, Education, Labor, and Pensions of the Senate, and the Committee
on Education and Labor of the House of Representatives a report on the
activities funded under this Act to improve the access of assistive
technology devices and assistive technology services to individuals with
disabilities.
``(2) Contents.--Each report described in paragraph (1) shall
include--
``(A) a compilation and summary of the information provided
by the States in annual progress reports submitted under section
4(f); and
``(B) a summary of the State applications described in
section 4(d) and an analysis of the progress of the States in
meeting the measurable goals established in State applications
under section 4(d)(3)(C).
``(e) Construction.--Nothing in this section shall be construed to affect
the enforcement authority of the Secretary, another Federal officer, or a court
under any other applicable law.
``(f) Effect on Other Assistance.--This Act may not be construed as
authorizing a Federal or State agency to reduce medical or other assistance
available, or to alter eligibility for a benefit or service, under any other
Federal law.
``SEC. 9. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS AND DISTRIBUTION OF
FUNDS.
``(a) In General.--There are authorized to be appropriated to carry out this
Act--
``(1) $44,000,000 for fiscal year 2023;
``(2) $45,980,000 for fiscal year 2024;
``(3) $48,049,100 for fiscal year 2025;
``(4) $50,211,310 for fiscal year 2026; and
``(5) $52,470,819 for fiscal year 2027.
``(b) Reservations and Distribution of Funds.--Subject to subsection (c),
for each fiscal year for which funds are made available under subsection (a) to
carry out this Act, the Secretary shall--
``(1) reserve an amount equal to 3 percent of the funds made
available for each such fiscal year to carry out paragraphs (1) and (2)
of section 6(b); and
``(2) from the amounts remaining after making the reservation under
paragraph (1)--
``(A) use 85.5 percent of such amounts to carry out section
4; and
``(B) use 14.5 percent of such amounts to carry out section
5.
``(c) Limit for Projects of National Significance.--For any fiscal year for
which the amount made available under subsection (a) exceeds $49,000,000 the
Secretary may--
``(1) reserve for section 7, an amount of such available funds that
does not exceed the lesser of--
``(A) the excess amount made available; or
``(B) $2,000,000; and
``(2) make the reservation under paragraph (1) before carrying out
subsection (b).''.
SEC. 5403. EFFECTIVE DATE.
This title, and the amendments made by this title, shall take effect on the
day that is 6 months after the date of enactment of this Act.
TITLE LV--FOREIGN AFFAIRS MATTERS
TITLE LV--FOREIGN AFFAIRS MATTERS
Subtitle A--Taiwan Enhanced Resilience Act
Sec. 5501. Short title.
Part 1--Implementation of an Enhanced Defense Partnership Between the
United States and Taiwan
Sec. 5502. Modernizing Taiwan's security capabilities to deter and, if
necessary, defeat aggression by the
People's Republic of China.
Sec. 5503. Increase in annual regional contingency stockpile additions
and support for Taiwan.
Sec. 5504. International military education and training cooperation
with Taiwan.
Sec. 5505. Additional authorities to support Taiwan.
Sec. 5506. Multi-year plan to fulfill defensive requirements of
military forces of Taiwan.
Sec. 5507. Fast-tracking sales to Taiwan under Foreign Military Sales
program.
Sec. 5508. Arms exports delivery solutions for Taiwan and United States
allies in the Indo-Pacific.
Sec. 5509. Assessment of Taiwan's needs for civilian defense and
resilience.
Sec. 5510. Annual report on Taiwan defensive military capabilities and
intelligence support.
Sec. 5511. Findings and statement of policy.
Sec. 5512. Sense of Congress on Taiwan defense relations.
Part 2--Countering People's Republic of China's Coercion and Influence
Campaigns
Sec. 5513. Strategy to respond to influence and information operations
targeting Taiwan.
Sec. 5514. Task force to counter economic coercion by the People's
Republic of China.
Sec. 5515. China censorship monitor and action group.
Part 3--Inclusion of Taiwan in International Organizations
Sec. 5516. Findings.
Sec. 5517. Sense of Congress on Taiwan's meaningful participation in
the international community.
Sec. 5518. Strategy to support Taiwan's meaningful participation in
international organizations.
Sec. 5519. Meaningful participation of Taiwan in the International
Civil Aviation Organization.
Part 4--Miscellaneous Provisions
Sec. 5520. Report on Taiwan Travel Act.
Sec. 5521. Amendments to the Taiwan Allies International Protection and
Enhancement Initiative (Taipei) Act of
2019.
Sec. 5522. Report on role of People's Republic of China's nuclear
threat in escalation dynamics.
Sec. 5523. Report analyzing the impact of Russia's war against Ukraine
on the objectives of the People's Republic
of China with respect to Taiwan.
Sec. 5524. Expanding United States-Taiwan development cooperation.
Sec. 5525. Sense of congress on expanding United States economic
relations with Taiwan.
Part 5--Supporting United States Educational and Exchange Programs With
Taiwan
Sec. 5526. Short title.
Sec. 5527. Findings.
Sec. 5528. Purposes.
Sec. 5529. Definitions.
Sec. 5530. Taiwan Fellowship Program.
Sec. 5531. Reports and audits.
Sec. 5532. Taiwan fellows on detail from government service.
Sec. 5533. Funding.
Sec. 5534. Study and report.
Sec. 5535. Supporting United States educational and exchange programs
with Taiwan.
Part 6--United States-Taiwan Public Health Protection
Sec. 5536. Short title.
Sec. 5537. Definitions.
Sec. 5538. Study on an infectious disease monitoring center.
Part 7--Rules of Construction
Sec. 5539. Rule of construction.
Sec. 5540. Rule of construction regarding the use of military force.
Subtitle B--United States-Ecuador Partnership Act of 2022
Sec. 5541. Short title.
Sec. 5542. Sense of Congress.
Sec. 5543. Facilitating economic and commercial ties.
Sec. 5544. Promoting inclusive economic development.
Sec. 5545. Combating illicit economies, corruption, and negative
foreign influence.
Sec. 5546. Strengthening democratic governance.
Sec. 5547. Fostering conservation and stewardship.
Sec. 5548. Authorization to transfer excess Coast Guard vessels.
Sec. 5549. Reporting requirements.
Sec. 5550. Sunset.
Subtitle C--FENTANYL Results Act
Sec. 5551. Short title.
Sec. 5552. Prioritization of efforts of the Department of State to
combat international trafficking in covered
synthetic drugs.
Sec. 5553. Program to provide assistance to build the capacity of
foreign law enforcement agencies with
respect to covered synthetic drugs.
Sec. 5554. Exchange program on demand reduction matters relating to
illicit use of covered synthetic drugs.
Sec. 5555. Amendments to international narcotics control program.
Sec. 5556. Sense of Congress.
Sec. 5557. Rule of construction.
Sec. 5558. Definitions.
Subtitle D--International Pandemic Preparedness
Sec. 5559. Short title.
Sec. 5560. Definitions.
Sec. 5561. Enhancing the United States' international response to
pandemics.
Sec. 5562. International pandemic prevention and preparedness.
Sec. 5563. Financial Intermediary Fund for Pandemic Prevention,
Preparedness, and Response.
Sec. 5564. General provisions.
Sec. 5565. Sunset.
Sec. 5566. Rule of construction.
Subtitle E--Burma Act of 2022
Sec. 5567. Short title.
Sec. 5568. Definitions.
Part 1--Matters Relating to the Conflict in Burma
Sec. 5569. Statement of policy.
Part 2--Sanctions and Policy Coordination With Respect to Burma
Sec. 5570. Definitions.
Sec. 5571. Imposition of sanctions with respect to human rights abuses
and perpetration of a coup in Burma.
Sec. 5572. Sanctions and policy coordination for Burma.
Sec. 5573. Support for greater United Nations action with respect to
Burma.
Sec. 5574. Sunset.
Part 3--Authorizations of Appropriations for Assistance for Burma
Sec. 5575. General authorization of appropriations.
Sec. 5576. Limitations.
Sec. 5577. Appropriate congressional committees defined.
Part 4--Efforts Against Human Rights Abuses
Sec. 5578. Authorization to provide technical assistance for efforts
against human rights abuses.
Part 5--Sanctions Exception Relating to Importation of Goods
Sec. 5579. Sanctions exception relating to importation of goods.
Subtitle F--Promotion of Freedom of Information and Countering of
Censorship and Surveillance in North Korea
Sec. 5580. Short title.
Sec. 5581. Findings; sense of Congress.
Sec. 5582. Statement of policy.
Sec. 5583. United States strategy to combat North Korea's repressive
information environment.
Sec. 5584. Promoting freedom of information and countering censorship
and surveillance in North Korea.
Subtitle G--Other Matters
Sec. 5585. Congressional notification for rewards paid using
cryptocurrencies.
Sec. 5586. Secure access to sanitation facilities for women and girls.
Sec. 5587. Reauthorization of the Tropical Forest and Coral Reef
Conservation Act of 1998.
Sec. 5588. Global Food Security Reauthorization Act of 2022.
Sec. 5589. Extension and modification of certain export controls.
Sec. 5590. Imposition of sanctions with respect to the sale, supply, or
transfer of gold to or from Russia.
Sec. 5591. Renegotiation of Compacts of Free Association.
Sec. 5592. Secretary of State assistance for prisoners in Islamic
Republic of Iran.
Sec. 5593. Iran Nuclear Weapons Capability and Terrorism Monitoring Act
of 2022.
Subtitle H--Reports
Sec. 5594. Modification to peacekeeping operations report.
Sec. 5595. Report on Indo-Pacific region.
Sec. 5596. Report on humanitarian situation and food security in
Lebanon.
Sec. 5597. Statement of policy and report on engaging with Niger.
Sec. 5598. Report on bilateral security and law enforcement cooperation
with Mexico.
Sec. 5599. Report on Chinese support to Russia with respect to its
unprovoked invasion of and full-scale war
against Ukraine.
Sec. 5599A. Feasibility study on United States support for and
participation in the international
counterterrorism academy in Cote d'Ivoire.
Sec. 5599B. Consultations on reuniting Korean Americans with family
members in North Korea.
Subtitle I--Sense of Congress Provisions
Sec. 5599C. Sense of Congress regarding the status of China.
Sec. 5599D. Sense of Congress regarding Israel.
Sec. 5599E. Sense of Congress relating to the NATO Parliamentary
Assembly.
Sec. 5599F. Condemning detention and indictment of Russian opposition
leader Vladimir Vladimirovich Kara-Murza.
Sec. 5599G. Sense of Congress regarding development of nuclear weapons
by Iran.
Subtitle A--Taiwan Enhanced Resilience Act
SEC. 5501. SHORT TITLE.
This subtitle may be cited as the ``Taiwan Enhanced Resilience Act''.
PART 1--IMPLEMENTATION OF AN ENHANCED DEFENSE PARTNERSHIP BETWEEN THE UNITED
STATES AND TAIWAN
SEC. 5502. MODERNIZING TAIWAN'S SECURITY CAPABILITIES TO DETER AND, IF
NECESSARY, DEFEAT AGGRESSION BY THE PEOPLE'S REPUBLIC OF CHINA.
(a) Appropriate Congressional Committees Defined.--In this section, the term
``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Armed Services of the House of Representatives;
and
(6) the Committee on Appropriations of the House of Representatives.
(b) Taiwan Security Programs.--The Secretary of State, in consultation with
the Secretary of Defense, shall use the authorities under this section to
strengthen the United States-Taiwan defense relationship, and to support the
acceleration of the modernization of Taiwan's defense capabilities, consistent
with the Taiwan Relations Act (Public Law 96-8).
(c) Purpose.--In addition to the purposes otherwise authorized for Foreign
Military Financing programs under the Arms Export Control Act (22 U.S.C. 2751 et
seq.), a purpose of the Foreign Military Financing Program should be to provide
assistance, including equipment, training, and other support, to build the
civilian and defensive military capabilities of Taiwan--
(1) to accelerate the modernization of capabilities that will enable
Taiwan to delay, degrade, and deny attempts by People's Liberation Army
forces--
(A) to conduct coercive or grey zone activities;
(B) to blockade Taiwan; or
(C) to secure a lodgment on any islands administered by
Taiwan and expand or otherwise use such lodgment to seize
control of a population center or other key territory in Taiwan;
and
(2) to prevent the People's Republic of China from decapitating,
seizing control of, or otherwise neutralizing or rendering ineffective
Taiwan's civilian and defense leadership.
(d) Regional Contingency Stockpile.--Of the amounts authorized to be
appropriated pursuant to subsection (h), not more than $100,000,000 may be used
during each of the fiscal years 2023 through 2032 to maintain a stockpile (if
established pursuant to section 5503(b)), in accordance with section 514 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321h).
(e) Availability of Funds.--
(1) Annual spending plan.--Not later than March 1, 2023, and
annually thereafter, the Secretary of State, in coordination with the
Secretary of Defense, shall submit a plan to the appropriate
congressional committees describing how amounts authorized to be
appropriated pursuant to subsection (h), if made available, would be
used to achieve the purpose described in subsection (c).
(2) Certification.--
(A) In general.--Amounts authorized to be appropriated for
each fiscal year pursuant to subsection (h) are authorized to be
made available after the Secretary of State, in coordination
with the Secretary of Defense, certifies not less than annually
to the appropriate committees of Congress that Taiwan has
increased its defense spending relative to Taiwan's defense
spending in its prior fiscal year, which includes support for an
asymmetric strategy, excepting accounts in Taiwan's defense
budget related to personnel expenditures, (other than military
training and education and any funding related to the All-Out
Defense Mobilization Agency).
(B) Waiver.--The Secretary of State may waive the
certification requirement under subparagraph (A) if the
Secretary, in consultation with the Secretary of Defense,
certifies to the appropriate congressional committees that for
any given year--
(i) Taiwan is unable to increase its defense
spending relative to its defense spending in its prior
fiscal year due to severe hardship; and
(ii) making available the amounts authorized under
subparagraph (A) is in the national interests of the
United States.
(3) Remaining funds.--Amounts authorized to be appropriated for a
fiscal year pursuant to subsection (h) that are not obligated and
expended during such fiscal year shall be added to the amount that may
be used for Foreign Military Financing to Taiwan in the subsequent
fiscal year.
(f) Annual Report on Advancing the Defense of Taiwan.--
(1) Initial report.--Concurrently with the first certification
required under subsection (e)(2), the Secretary of State and the
Secretary of Defense shall jointly submit a report to the appropriate
congressional committees that describes steps taken to enhance the
United States-Taiwan defense relationship and Taiwan's modernization of
its defense capabilities.
(2) Matters to be included.--Each report required under paragraph
(1) shall include--
(A) an assessment of the commitment of Taiwan to implement a
military strategy that will deter and, if necessary, defeat
military aggression by the People's Republic of China, including
the steps that Taiwan has taken and the steps that Taiwan has
not taken towards such implementation;
(B) an assessment of the efforts of Taiwan to acquire and
employ within its forces counterintervention capabilities,
including--
(i) long-range precision fires;
(ii) integrated air and missile defense systems;
(iii) anti-ship cruise missiles;
(iv) land-attack cruise missiles;
(v) coastal defense;
(vi) anti-armor;
(vii) undersea warfare, including manned and
unmanned systems;
(viii) survivable swarming maritime assets;
(ix) manned and unmanned aerial systems;
(x) mining and countermining capabilities;
(xi) intelligence, surveillance, and reconnaissance
capabilities;
(xii) command and control systems;
(xiii) defensive cybersecurity capabilities; and
(xiv) any other defense capabilities that the United
States determines, including jointly with Taiwan, are
crucial to the defense of Taiwan, consistent with the
joint consultative mechanism with Taiwan created
pursuant to section 5506;
(C) an evaluation of the balance between conventional and
counter intervention capabilities in the defense force of Taiwan
as of the date on which the report is submitted;
(D) an assessment of steps taken by Taiwan to enhance the
overall readiness of its defense forces, including--
(i) the extent to which Taiwan is requiring and
providing regular and relevant training to such forces;
(ii) the extent to which such training is realistic
to the security environment that Taiwan faces; and
(iii) the sufficiency of the financial and budgetary
resources Taiwan is putting toward readiness of such
forces;
(E) an assessment of steps taken by Taiwan to ensure that
the Taiwan's reserve forces and All-Out Defense Mobilization
Agency can recruit, train, equip, and mobilize its forces;
(F) an evaluation of--
(i) the severity of manpower shortages in the
military of Taiwan, including in the reserve forces;
(ii) the impact of such shortages in the event of a
conflict scenario; and
(iii) the efforts made by Taiwan to address such
shortages;
(G) an assessment of the efforts made by Taiwan to boost its
civilian defenses, including any informational campaigns to
raise awareness among the population of Taiwan of the risks
Taiwan faces;
(H) an assessment of the efforts made by Taiwan to secure
its critical infrastructure, including in transportation,
telecommunications networks, satellite communications, and
energy;
(I) an assessment of the efforts made by Taiwan to enhance
its cybersecurity, including the security and survivability of
official civilian and military networks;
(J) an assessment of the efforts made by Taiwan to improve
the image and prestige of its defense forces among the
population of Taiwan;
(K) an assessment of any significant gaps in any of the
matters described in subparagraphs (A) through (J) with respect
to which the United States assesses that additional action is
needed;
(L) a description of cooperative efforts between the United
States and Taiwan on the matters described in subparagraphs (A)
through (K); and
(M) a description of any challenge in Taiwan to--
(i) implement the matters described in subparagraphs
(A) through (J); or
(ii) United States support or engagement with regard
to such matters.
(3) Subsequent reports.--Concurrently with subsequent certifications
required under subsection (e)(2), the Secretary of State and the
Secretary of Defense shall jointly submit updates to the initial report
required under paragraph (1) that provides a description of changes and
developments that occurred in the prior year.
(4) Form.--The reports required under paragraphs (1) and (3) shall
be submitted in an unclassified form, but may contain a classified
annex.
(5) Sharing of summary.--The Secretary of State and the Secretary of
Defense shall jointly share any unclassified portions of the reports,
pursuant to paragraph (4), with Taiwan, as appropriate.
(g) Foreign Military Financing Loan and Loan Guarantee Authority.--
(1) Direct loans.--
(A) In general.--Notwithstanding section 23(c)(1) of the
Arms Export Control Act (22 U.S.C. 2763), during fiscal years
2023 through 2027, the Secretary of State is authorized to make
direct loans available for Taiwan pursuant to section 23 of such
Act.
(B) Maximum obligations.--Gross obligations for the
principal amounts of loans authorized under subparagraph (A) may
not exceed $2,000,000,000.
(C) Source of funds.--
(i) Defined term.--In this subparagraph, the term
``cost''--
(I) has the meaning given such term in
section 502(5) of the Congressional Budget Act
of 1974 (2 U.S.C. 661a(5));
(II) shall include the cost of modifying a
loan authorized under subparagraph (A); and
(III) may include the costs of selling,
reducing, or cancelling any amounts owed to the
United States or to any agency of the United
States.
(ii) In general.--Amounts authorized to be
appropriated pursuant to subsection (g) may be made
available to pay for the cost of loans authorized under
subparagraph (A).
(D) Fees authorized.--
(i) In general.--The Government of the United States
may charge processing and origination fees for a loan
made pursuant to subparagraph (A), not to exceed the
cost to the Government of making such loan, which shall
be collected from borrowers through a financing account
(as defined in section 502(7) of the Congressional
Budget Act of 1974 (2 U.S.C. 661a(7)).
(ii) Limitation on fee payments.--Amounts made
available under any appropriations Act for any fiscal
year may not be used to pay any fees associated with a
loan authorized under subparagraph (A).
(E) Repayment.--Loans made pursuant to subparagraph (A)
shall be repaid not later than 12 years after the loan is
received by the borrower, including a grace period of not more
than 1 year on repayment of principal.
(F) Interest.--
(i) In general.--Notwithstanding section 23(c)(1) of
the Arms Export Control Act (22 U.S.C. 2763(c)(1)),
interest for loans made pursuant to subparagraph (A) may
be charged at a rate determined by the Secretary of
State, except that such rate may not be less than the
prevailing interest rate on marketable Treasury
securities of similar maturity.
(ii) Treatment of loan amounts used to pay
interest.--Amounts made available under this paragraph
for interest costs shall not be considered assistance
for the purposes of any statutory limitation on
assistance to a country.
(2) Loan guarantees.--
(A) In general.--Amounts authorized to be appropriated
pursuant to subsection (g) may be made available for the costs
of loan guarantees for Taiwan under section 24 of the Arms
Export Control Act (22 U.S.C. 2764) for Taiwan to subsidize
gross obligations for the principal amount of commercial loans
and total loan principal, any part of which may be guaranteed,
not to exceed $2,000,000,000.
(B) Maximum amounts.--A loan guarantee authorized under
subparagraph (A)--
(i) may not guarantee a loan that exceeds
$2,000,000,000; and
(ii) may not exceed 80 percent of the loan principal
with respect to any single borrower.
(C) Subordination.--Any loan guaranteed pursuant to
subparagraph (A) may not be subordinated to--
(i) another debt contracted by the borrower; or
(ii) any other claims against the borrower in the
case of default.
(D) Repayment.--Repayment in United States dollars of any
loan guaranteed under this paragraph shall be required not later
than 12 years after the loan agreement is signed.
(E) Fees.--Notwithstanding section 24 of the Arms Export
Control Act (22 U.S.C. 2764), the Government of the United
States may charge processing and origination fees for a loan
guarantee authorized under subparagraph (A), not to exceed the
cost to the Government of such loan guarantee, which shall be
collected from borrowers, or from third parties on behalf of
such borrowers, through a financing account (as defined in
section 502(7) of the Congressional Budget Act of 1974 (2 U.S.C.
661a(7)).
(F) Treatments of loan guarantees.--Amounts made available
under this paragraph for the costs of loan guarantees authorized
under subparagraph (A) shall not be considered assistance for
the purposes of any statutory limitation on assistance to a
country.
(3) Notification requirement.--Amounts authorized to be appropriated
to carry out this subsection may not be expended without prior
notification of the appropriate committees of Congress.
(h) Authorization of Appropriations.--
(1) Authorization of appropriations.--In addition to amounts
otherwise authorized to be appropriated for Foreign Military Financing,
there is authorized to be appropriated to the Department of State for
Taiwan Foreign Military Finance grant assistance up to $2,000,000,000
for each of the fiscal years 2023 through 2027.
(2) Training and education.--Of the amounts authorized to be
appropriated under paragraph (1), the Secretary of State should use not
less than $2,000,000 per fiscal year for one or more blanket order
Foreign Military Financing training programs related to the defense
needs of Taiwan.
(3) Direct commercial contracting.--The Secretary of State may use
amounts authorized to be appropriated under paragraph (1) for the
procurement of defense articles, defense services, or design and
construction services that are not sold by the United States Government
under the Arms Export Control Act (22 U.S.C. 2751 et seq.).
(4) Procurement in taiwan.--Of the amounts authorized to be
appropriated for Foreign Military Financing and made available for
Taiwan, not more than 15 percent of the amount made available for each
fiscal year may be available for the procurement by Taiwan in Taiwan of
defense articles and defense services, including research and
development, as agreed by the United States and Taiwan.
(i) Sunset Provision.--Assistance may not be provided under this section
after September 30, 2032.
SEC. 5503. INCREASE IN ANNUAL REGIONAL CONTINGENCY STOCKPILE ADDITIONS AND
SUPPORT FOR TAIWAN.
(a) In General.--Section 514(b)(2)(A) of the Foreign Assistance Act of 1961
(22 U.S.C. 2321h(b)(2)(A)) is amended by striking ``$200,000,000'' and all that
follows and inserting ``$500,000,000 for any of the fiscal years 2023, 2024, or
2025.''.
(b) Establishment.--Subject to section 514 of the Foreign Assistance Act of
1961 (22 U.S.C. 2321h), the President may establish a regional contingency
stockpile for Taiwan that consists of munitions and other appropriate defense
articles.
(c) Inclusion of Taiwan Among Other Allies Eligible for Defense Articles.--
Chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et
seq.) is amended--
(1) in section 514(c)(2) (22 U.S.C. 2321h(c)(2)), by inserting
``Taiwan,'' after ``Thailand,''; and
(2) in section 516(c)(2) (22 U.S.C. 2321j(c)(2)), by inserting ``to
Taiwan,'' after ``major non-NATO allies on such southern and
southeastern flank,''.
(d) Annual Briefing.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter for 7 years, the President shall provide a
briefing to the appropriate committees of Congress regarding the status of a
regional contingency stockpile established under subsection (b).
SEC. 5504. INTERNATIONAL MILITARY EDUCATION AND TRAINING COOPERATION WITH
TAIWAN.
(a) In General.--The Secretary of State and the Secretary of Defense shall
establish or expand a comprehensive training program with Taiwan designed to--
(1) enhance interoperability and capabilities for joint operations
between the United States and Taiwan;
(2) enhance rapport and deepen partnership between the militaries of
the United States and Taiwan, and foster understanding of the United
States among individuals in Taiwan;
(3) improve Taiwan's defense capabilities; and
(4) train future leaders of Taiwan, promote professional military
education, civilian control of the military, and protection of human
rights.
(b) Elements.--The training program required by subsection (a) should
prioritize relevant and realistic training, including as necessary joint United
States-Taiwan contingency tabletop exercises, war games, full-scale military
exercises, and an enduring rotational United States military presence that
assists Taiwan in maintaining force readiness and utilizing United States
defense articles and services transferred from the United States to Taiwan.
(c) Authorization of Participation of Taiwan in the International Military
Education and Training Program.--The Secretary of State is authorized to provide
training and education to relevant entities in Taiwan through the International
Military Education and Training program authorized under chapter 5 of part II of
the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq).
SEC. 5505. ADDITIONAL AUTHORITIES TO SUPPORT TAIWAN.
(a) Drawdown Authority.--Section 506(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2318(a)) is amended by adding at the end the following
paragraph:
``(3) In addition to amounts already specified in this section, the
President may direct the drawdown of defense articles from the stocks of the
Department of Defense, defense services of the Department of Defense, and
military education and training, of an aggregate value of not to exceed
$1,000,000,000 per fiscal year, to be provided to Taiwan.''.
(b) Emergency Authority.--Section 552(c) of the Foreign Assistance Act of
1961 (22 U.S.C. 2348a(c)) is amended by adding at the end the following: ``In
addition to the aggregate value of $25,000,000 authorized in paragraph (2) of
the preceding sentence, the President may direct the drawdown of commodities and
services from the inventory and resources of any agency of the United States
Government for the purposes of providing necessary and immediate assistance to
Taiwan of a value not to exceed $25,000,000 in any fiscal year.''.
(c) Use of Special Defense Acquisition Fund.--The Secretary of Defense, in
consultation with the Secretary of State, shall seek to utilize the Special
Defense Acquisition Fund established under chapter 5 of the Arms Export Control
Act (22 U.S.C. 2795 et seq.) to expedite the procurement and delivery of defense
articles and defense services for the purpose of assisting and supporting the
armed forces of Taiwan.
SEC. 5506. MULTI-YEAR PLAN TO FULFILL DEFENSIVE REQUIREMENTS OF MILITARY FORCES
OF TAIWAN.
(a) Multi-year Plan.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of State, in
consultation with the Director of National Intelligence, shall engage for the
purposes of establishing a joint consultative mechanism with appropriate
officials of Taiwan to develop and implement a multi-year plan to provide for
the acquisition of appropriate defensive capabilities by Taiwan and to engage
with Taiwan in a series of combined training, exercises, and planning activities
consistent with the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et
seq.).
(b) Elements.--The plan required by subsection (a) shall include the
following:
(1) An identification of the defensive military capability gaps and
capacity shortfalls of Taiwan that are required to--
(A) allow Taiwan to respond effectively to aggression by the
People's Liberation Army or other actors from the People's
Republic of China; and
(B) advance a strategy of denial, reduce the threat of
conflict, thwart an invasion, and mitigate other risks to the
United States and Taiwan.
(2) An assessment of the relative priority assigned by appropriate
departments and agencies of Taiwan to include its military to address
such capability gaps and capacity shortfalls.
(3) An explanation of the annual resources committed by Taiwan to
address such capability gaps and capacity shortfalls.
(4) A description and justification of the relative importance of
overcoming each identified capability gap and capacity shortfall for
deterring, delaying, or defeating military aggression by the People's
Republic of China;
(5) An assessment of--
(A) the capability gaps and capacity shortfalls that could
be addressed in a sufficient and timely manner by Taiwan; and
(B) the capability gaps and capacity shortfalls that are
unlikely to be addressed in a sufficient and timely manner
solely by Taiwan.
(6) An assessment of the capability gaps and capacity shortfalls
described in paragraph (5)(B) that could be addressed in a sufficient
and timely manner by--
(A) the Foreign Military Financing, Foreign Military Sales,
and Direct Commercial Sales programs of the Department of State;
(B) Department of Defense security assistance authorized by
chapter 16 of title 10, United States Code;
(C) Department of State training and education programs
authorized by chapter 5 of part II of the Foreign Assistance Act
of 1961 (22 U.S.C. 2347 et seq.);
(D) section 506 of the Foreign Assistance Act of 1961 (22
U.S.C. 2318);
(E) the provision of excess defense articles pursuant to the
requirements of the Arms Export Control Act (22 U.S.C. 2751 et
seq.); or
(F) any other authority available to the Secretary of
Defense or the Secretary of State.
(7) A description of United States or Taiwan engagement with other
countries that could assist in addressing in a sufficient and timely
manner the capability gaps and capacity shortfalls identified pursuant
to paragraph (1).
(8) An identification of opportunities to build interoperability,
combined readiness, joint planning capability, and shared situational
awareness between the United States, Taiwan, and other foreign partners
and allies, as appropriate, through combined training, exercises, and
planning events, including--
(A) table-top exercises and wargames that allow operational
commands to improve joint and combined planning for
contingencies involving a well-equipped adversary in a counter-
intervention campaign;
(B) joint and combined exercises that test the feasibility
of counter-intervention strategies, develop interoperability
across services, and develop the lethality and survivability of
combined forces against a well-equipped adversary;
(C) logistics exercises that test the feasibility of
expeditionary logistics in an extended campaign with a well-
equipped adversary;
(D) service-to-service exercise programs that build
functional mission skills for addressing challenges posed by a
well-equipped adversary in a counter-intervention campaign; and
(E) any other combined training, exercises, or planning with
Taiwan's military forces that the Secretary of Defense and
Secretary of State consider relevant.
(9) An identification of options for the United States to use, to
the maximum extent practicable, existing authorities or programs to
expedite military assistance to Taiwan in the event of a crisis or
conflict, including--
(A) a list of defense articles of the United States that may
be transferred to Taiwan during a crisis or conflict;
(B) a list of authorities that may be used to provide
expedited military assistance to Taiwan during a crisis or
conflict;
(C) an assessment of methods that could be used to deliver
such assistance to Taiwan during a crisis or conflict,
including--
(i) the feasibility of employing such methods in
different scenarios; and
(ii) recommendations for improving the ability of
the Armed Forces to deliver such assistance to Taiwan;
and
(D) an assessment of any challenges in providing such
assistance to Taiwan in the event of a crisis or conflict and
recommendations for addressing such challenges.
(c) Recurrence.--The joint consultative mechanism required in subsection (a)
shall convene on a recurring basis and not less than annually.
SEC. 5507. FAST-TRACKING SALES TO TAIWAN UNDER FOREIGN MILITARY SALES PROGRAM.
(a) Preclearance of Certain Foreign Military Sales Items.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Secretary of State,
in coordination with the Secretary of Defense, and in conjunction with
coordinating entities such as the National Disclosure Policy Committee,
the Arms Transfer and Technology Release Senior Steering Group, and
other appropriate entities, shall compile a list of available and
emerging military platforms, technologies, and equipment that are pre-
cleared and prioritized for sale and release to Taiwan through the
Foreign Military Sales program.
(2) Rules of construction.--
(A) Selection of items.--The list compiled pursuant to
paragraph (1) shall not be construed as limiting the type,
timing, or quantity of items that may be requested by, or sold
to, Taiwan under the Foreign Military Sales program.
(B) Notifications required.--Nothing in this Act may be
construed to supersede congressional notification requirements
under the Arms Export Control Act (22 U.S.C. 2751 et. seq.).
(b) Prioritized Processing of Foreign Military Sales Requests From Taiwan.--
(1) Requirement.--The Secretary of State and the Secretary of
Defense shall prioritize and expedite the processing of requests from
Taiwan under the Foreign Military Sales program, and may not delay the
processing of requests for bundling purposes.
(2) Duration.--The requirement under paragraph (1) shall continue
until the Secretary of State determines and certifies to the Committee
on Foreign Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives that the threat to Taiwan has
significantly abated.
(c) Interagency Policy.--The Secretary of State and the Secretary of Defense
shall jointly review and update interagency policies and implementation guidance
related to Foreign Military Sales requests from Taiwan, including incorporating
the preclearance provisions of this section.
SEC. 5508. ARMS EXPORTS DELIVERY SOLUTIONS FOR TAIWAN AND UNITED STATES ALLIES
IN THE INDO-PACIFIC.
(a) Appropriate Committees of Congress Defined.--In this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations and the Committee on Armed
Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on Armed
Services of the House of Representatives.
(b) Report Required.--Not later than March 1, 2023, and annually thereafter
for a period of 5 years, the Secretary of State, in coordination with the
Secretary of Defense, shall transmit to the appropriate committees of Congress a
report with respect to the transfer of all defense articles or defense services
that have yet to be completed pursuant to the authorities provided by--
(1) section 3, 21, or 36 of the Arms Export Control Act (22 U.S.C.
2753, 2761, or 2776); or
(2) section 516(c)(2) of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j(c)(2)).
(c) Elements.--The report required by subsection (b) shall include the
following elements:
(1) A list of all approved transfers of defense articles and
services authorized by Congress pursuant to sections 25 and 36 of the
Arms Export Control Act (22 U.S.C. 2765, 2776) with a total value of
$25,000,000 or more, to Taiwan, Japan, South Korea, Australia, the
Philippines, Thailand, or New Zealand, that have not been fully
delivered by the start of the fiscal year in which the report is being
submitted.
(2) The estimated start and end dates of delivery for each approved
and incomplete transfer listed pursuant to paragraph (1), including
additional details and dates for any transfers that involve multiple
tranches of deliveries.
(3) With respect to each approved and incomplete transfer listed
pursuant to paragraph (1), a detailed description of--
(A) any changes in the delivery dates of defense articles or
services relative to the dates anticipated at the time of
congressional approval of the transfer, including specific
reasons for any delays related to the United States Government,
defense suppliers, or a foreign partner;
(B) the feasibility and advisability of providing the
partner subject to such delayed delivery with an interim
capability or solution, including drawing from United States
stocks, and the mechanisms under consideration for doing so as
well as any challenges to implementing such a capability or
solution;
(C) authorities, appropriations, or waiver requests that
Congress could provide to improve delivery timelines or
authorize the provision of interim capabilities or solutions
identified pursuant to subparagraph (B); and
(D) a description of which countries are ahead of Taiwan for
delivery of each item listed pursuant to paragraph (1).
(4) A description of ongoing interagency efforts to support
attainment of operational capability of the corresponding defense
articles and services once delivered, including advance training with
United States or armed forces of partner countries on the systems to be
received. The description of any such training shall also include an
identification of the training implementer.
(5) If a transfer listed pursuant to paragraph (1) has been
terminated prior to the date of the submission of the report for any
reason--
(A) the case information for such transfer, including the
date of congressional notification, delivery date of the Letter
of Offer and Acceptance (LOA), final signature of the LOA, and
information pertaining to delays in delivering LOAs for
signature;
(B) a description of the reasons for which the transfer is
no longer in effect; and
(C) the impact this termination will have on the intended
end-user and the consequent implications for regional security,
including the impact on deterrence of military action by
countries hostile to the United States, the military balance in
the Taiwan Strait, and other factors.
(6) A separate description of the actions the United States is
taking to expedite and prioritize deliveries of defense articles and
services to Taiwan, including--
(A) a description of what actions the Department of State
and the Department of Defense have taken or are planning to take
to prioritize Taiwan's Foreign Military Sales cases;
(B) current procedures or mechanisms for determining that a
Foreign Military Sales case for Taiwan should be prioritized
above a sale to another country of the same or similar item; and
(C) whether the United States intends to divert defense
articles from United States stocks to provide an interim
capability or solution with respect to any delayed deliveries to
Taiwan and the plan, if applicable, to replenish any such
diverted stocks.
(7) A description of other actions already undertaken by or
currently under consideration by the Department of State and the
Department of Defense to improve delivery timelines for the transfers
listed pursuant to paragraph (1).
(d) Form.--The report required by subsection (b) shall be submitted in
unclassified form but may include a classified annex.
SEC. 5509. ASSESSMENT OF TAIWAN'S NEEDS FOR CIVILIAN DEFENSE AND RESILIENCE.
(a) Assessment Required.--Not later than 120 days after the date of
enactment of this Act, the Secretary of State and the Secretary of Defense, in
coordination with the Director of National Intelligence, shall submit a written
assessment, with a classified annex, of Taiwan's needs in the areas of civilian
defense and resilience to--
(1) the Committee on Foreign Relations, the Committee on Armed
Services, and Select Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on Armed
Services, and the Permanent Select Committee on Intelligence of the
House of Representatives.
(b) Matters to Be Included.--The assessment required under subsection (a)
shall--
(1) analyze the potential role of Taiwan's public and civilian
assets in defending against various scenarios for foreign militaries to
coerce or conduct military aggression against Taiwan;
(2) carefully analyze Taiwan's needs for enhancing its defensive
capabilities through the support of civilians and civilian sectors,
including--
(A) greater utilization of Taiwan's high tech labor force;
(B) the creation of clear structures and logistics support
for civilian defense role allocation;
(C) recruitment and skills training for Taiwan's defense and
civilian sectors; and
(D) other defense needs and considerations at the
provincial, city, and neighborhood levels;
(3) analyze Taiwan's needs for enhancing resiliency among its people
and in key economic sectors;
(4) identify opportunities for Taiwan to enhance communications at
all levels to strengthen trust and understanding between the military,
other government departments, civilian agencies and the general public,
including--
(A) communications infrastructure necessary to ensure
reliable communications in response to a conflict or crisis; and
(B) a plan to effectively communicate to the general public
in response to a conflict or crisis;
(5) identify the areas and means through which the United States
could provide training, exercises, and assistance at all levels to
support the needs discovered through the assessment and fill any
critical gaps where capacity falls short of such needs; and
(6) review existing United States Government and non-United States
Government programmatic and funding modalities that are meant to support
Taiwan's civilian defense professionals in pursuing professional
development, educational, and cultural exchanges in the United States,
including--
(A) opportunities through Department of State-supported
programs, such as the International Visitor Leaders Program;
(B) opportunities offered through non-governmental
institutions, such as think tanks, to the extent the review can
practicably make such an assessment;
(C) a description of the frequency that civilian defense
professionals from Taiwan pursue or are selected for the
programs reviewed in subparagraph (A);
(D) an analysis of any funding, policy, administrative, or
other barriers preventing greater participation from Taiwan's
civilian defense professionals in the opportunities identified
in subparagraph (A);
(E) an evaluation of the value expanding the opportunities
reviewed in subparagraph (A) would offer for strengthening
Taiwan's existing civilian defense community, and for increasing
the perceived value of the field for young professionals in
Taiwan;
(F) an assessment of options the United States Government
could take individually, with partners in Taiwan, or with
foreign governments or non-governmental partners, to expand the
opportunities reviewed in subparagraph (A); and
(G) a description of additional resources and authorities
that may be required to execute the options described in
subparagraph (E).
(c) Sharing of Report.--The assessment required by subsection (a) shall be
shared with appropriate officials of Taiwan to facilitate cooperation, as
appropriate.
SEC. 5510. ANNUAL REPORT ON TAIWAN DEFENSIVE MILITARY CAPABILITIES AND
INTELLIGENCE SUPPORT.
Section 1248 of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1988) is amended to read as follows:
``SEC. 1248. ANNUAL REPORT ON TAIWAN CAPABILITIES AND INTELLIGENCE SUPPORT.
``(a) In General.--Through fiscal year 2027, the Secretary of State and the
Secretary of Defense, in coordination with the Director of National Intelligence
and the heads of other relevant Federal departments and agencies, shall jointly
perform an annual assessment, consistent with the Taiwan Relations Act (Public
Law 96-8; 22 U.S.C. 3302(c)), of security matters related to Taiwan, including
intelligence matters, Taiwan's defensive military capabilities, and how
defensive shortcomings or vulnerabilities of Taiwan could be mitigated through
cooperation, modernization, or integration. At a minimum, the assessment shall
include the following:
``(1) An intelligence assessment regarding--
``(A) conventional military and nuclear threats to Taiwan
from the People's Republic of China, including exercises,
patrols, and presence intended to intimidate or coerce Taiwan;
and
``(B) irregular warfare activities, including influence
operations, conducted by the People's Republic of China to
interfere in or undermine the peace and stability of the Taiwan
Strait.
``(2) The current military capabilities of Taiwan and the ability of
Taiwan to defend itself from external conventional and irregular
military threats across a range of scenarios.
``(3) The interoperability of current and future defensive
capabilities of Taiwan with the military capabilities of the United
States and its allies and partners.
``(4) The plans, tactics, techniques, and procedures underpinning an
effective defense strategy for Taiwan, including how addressing
identified capability gaps and capacity shortfalls will improve the
effectiveness of such strategy.
``(5) A description of additional personnel, resources, and
authorities in Taiwan or in the United States that may be required to
meet any shortcomings in the development of Taiwan's military
capabilities identified pursuant to this section.
``(6) With respect to materiel capabilities and capacities the
Secretary of Defense and Secretary of State jointly assess to be most
effective in deterring, defeating, or delaying military aggression by
the People's Republic of China, a prioritized list of capability gaps
and capacity shortfalls of the military forces of Taiwan, including--
``(A) an identification of--
``(i) any United States, Taiwan, or ally or partner
country defense production timeline challenge related to
potential materiel and solutions to such capability
gaps;
``(ii) the associated investment costs of enabling
expanded production for items currently at maximum
production;
``(iii) the associated investment costs of, or
mitigation strategies for, enabling export for items
currently not exportable; and
``(iv) existing stocks of such capabilities in the
United States and ally and partner countries;
``(B) the feasibility and advisability of procuring
solutions to such gaps and shortfalls through United States
allies and partners, including through co-development or co-
production;
``(C) the feasibility and advisability of assisting Taiwan
in the domestic production of solutions to capability gaps,
including through--
``(i) the transfer of intellectual property; and
``(ii) co-development or co-production arrangements;
``(D) the estimated costs, expressed in a range of options,
of procuring sufficient capabilities and capacities to address
such gaps and shortfalls;
``(E) an assessment of the relative priority assigned by
appropriate officials of Taiwan to each such gap and shortfall;
and
``(F) a detailed explanation of the extent to which Taiwan
is prioritizing the development, production, or fielding of
solutions to such gaps and shortfalls within its overall defense
budget.
``(7) The applicability of Department of State and Department of
Defense authorities for improving the defensive military capabilities of
Taiwan in a manner consistent with the Taiwan Relations Act.
``(8) A description of any security assistance provided or Foreign
Military Sales and Direct Commercial Sales activity with Taiwan over the
past year.
``(9) A description of each engagement between the United States and
Taiwan personnel related to planning over the past year.
``(10) With respect to each to training and exercises--
``(A) a description of each such instance over the past
year;
``(B) a description of how each such instance--
``(i) sought to achieve greater interoperability,
improved readiness, joint planning capability, and
shared situational awareness between the United States
and Taiwan, or among the United States, Taiwan, and
other countries;
``(ii) familiarized the militaries of the United
States and Taiwan with each other; and
``(iii) improved Taiwan's defense capabilities.
``(11) A description of the areas and means through which the United
States is assisting and supporting training, exercises, and assistance
to support Taiwan's requirements related to civilian defense and
resilience, and how the United States is seeking to assist Taiwan in
addressing any critical gaps where capacity falls short of meeting such
requirements, including those elements identified in the assessment
required by section 5502(f) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023.
``(12) An assessment of the implications of current levels of pre-
positioned war reserve materiel on the ability of the United States to
respond to a crisis or conflict involving Taiwan with respect to--
``(A) providing military or non-military aid to Taiwan; and
``(B) sustaining military installations and other
infrastructure of the United States in the Indo-Pacific region.
``(13) An assessment of the current intelligence, surveillance, and
reconnaissance capabilities of Taiwan, including any existing gaps in
such capabilities and investments in such capabilities by Taiwan since
the preceding report.
``(14) A summary of changes to pre-positioned war reserve materiel
of the United States in the Indo-Pacific region since the preceding
report.
``(15) Any other matters the Secretary of Defense or the Secretary
of State considers appropriate.
``(b) Plan.--The Secretary of Defense and the Secretary of State shall
jointly develop a plan for assisting Taiwan in improving its defensive military
capabilities and addressing vulnerabilities identified pursuant to subsection
(a) that includes--
``(1) recommendations, if any, for new Department of State or
Department of Defense authorities, or modifications to existing
Department of State or Department of Defense authorities, necessary to
improve the defensive military capabilities of Taiwan in a manner
consistent with the Taiwan Relations Act (Public Law 96-8; 22 U.S.C.
3301 et seq.);
``(2) an identification of opportunities for key leader and subject
matter expert engagement between Department personnel and military and
civilian counterparts in Taiwan; and
``(3) an identification of challenges and opportunities for
leveraging authorities, resources, and capabilities outside the
Department of Defense and the Department of State to improve the
defensive capabilities of Taiwan in accordance with the Taiwan Relations
Act.
``(c) Report.--Not later than 180 days after the date of the enactment of
this Act, and annually thereafter through fiscal year 2027, the Secretary of
State and the Secretary of Defense, in consultation with the Director of
National Intelligence, shall jointly submit to the appropriate committees of
Congress--
``(1) a report on the results of the assessment required by
subsection (a);
``(2) the plan required by subsection (b); and
``(3) a report on--
``(A) the status of efforts to develop and implement the
joint multi-year plan required under section 5506 of the James
M. Inhofe National Defense Authorization Act for Fiscal Year
2023 to provide for the acquisition of appropriate defensive
military capabilities by Taiwan and to engage with Taiwan in a
series of combined training and planning activities consistent
with the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301
et seq.); and
``(B) any other matters the Secretary of State and the
Secretary of Defense consider necessary.
``(d) Form.--The reports required by subsection (c) shall be submitted in
unclassified form, but may include a classified annex.
``(e) Appropriate Committees of Congress Defined.--For purposes of this
section, the term `appropriate committees of Congress' means--
``(1) the Committee on Armed Services, the Committee on Foreign
Relations, and the Select Committee on Intelligence of the Senate; and
``(2) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Permanent Select Committee on Intelligence of the House
of Representatives.''.
SEC. 5511. FINDINGS AND STATEMENT OF POLICY.
(a) Findings.--Congress finds the following:
(1) Advancing peace and stability in the Indo-Pacific has been a
central element of United States foreign policy toward the region.
(2) The Government of the People's Republic of China (PRC),
especially since the election of Tsai Ing-Wen in 2016, has conducted a
coordinated campaign to weaken Taiwan diplomatically, economically, and
militarily in a manner that threatens to erode United States policy and
create a fait accompli on questions surrounding Taiwan's future.
(3) To secure United States interests and preserve the ability of
the people of Taiwan to determine their own future, it is necessary to
reinforce Taiwan's diplomatic, economic, and territorial space.
(b) Statement of Policy.--It is the policy of the United States to--
(1) maintain the position that peace and stability in the Western
Pacific are in the political, security, and economic interests of the
United States, and are matters of international concern; and
(2) work with allies and partners to promote peace and stability in
the Indo-Pacific and deter military acts or other forms of coercive
behavior that would undermine regional stability.
SEC. 5512. SENSE OF CONGRESS ON TAIWAN DEFENSE RELATIONS.
It is the sense of Congress that--
(1) the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. et seq.)
and the Six Assurances provided by the United States to Taiwan in July
1982 are the foundation for United States-Taiwan relations;
(2) as set forth in the Taiwan Relations Act, the United States
decision to establish diplomatic relations with the People's Republic of
China rests upon the expectation that the future of Taiwan will be
determined by peaceful means, and that any effort to determine the
future of Taiwan by other than peaceful means, including boycotts and
embargoes, is of grave concern to the United States;
(3) the increasingly coercive and aggressive behavior of the
People's Republic of China toward Taiwan is contrary to the expectation
of the peaceful resolution of the future of Taiwan;
(4) as set forth in the Taiwan Relations Act, the capacity to resist
any resort to force or other forms of coercion that would jeopardize the
security, or the social or economic system, of the people on Taiwan
should be maintained;
(5) the United States should continue to support the development of
capable, ready, and modern defense forces necessary for Taiwan to
maintain sufficient defensive capabilities, including by--
(A) supporting acquisition by Taiwan of defense articles and
services through foreign military sales, direct commercial
sales, and industrial cooperation, with an emphasis on
capabilities that support an asymmetric strategy;
(B) ensuring timely review of and response to requests of
Taiwan for defense articles and services;
(C) conducting practical training and military exercises
with Taiwan that enable Taiwan to maintain sufficient defensive
capabilities, as described in the Taiwan Relations Act;
(D) exchanges between defense officials and officers of the
United States and Taiwan at the strategic, policy, and
functional levels, consistent with the Taiwan Travel Act (Public
Law 115-135; 132 Stat. 341), especially for the purposes of--
(i) enhancing cooperation on defense planning;
(ii) improving the interoperability of the military
forces of the United States and Taiwan; and
(iii) improving the reserve force of Taiwan;
(E) cooperating with Taiwan to improve its ability to employ
military capabilities in asymmetric ways, as described in the
Taiwan Relations Act; and
(F) expanding cooperation in humanitarian assistance and
disaster relief; and
(6) the United States should increase its support to a free and open
society in the face of aggressive efforts by the Government of the
People's Republic of China to curtail or influence the free exercise of
rights and democratic franchise.
PART 2--COUNTERING PEOPLE'S REPUBLIC OF CHINA'S COERCION AND INFLUENCE CAMPAIGNS
SEC. 5513. STRATEGY TO RESPOND TO INFLUENCE AND INFORMATION OPERATIONS TARGETING
TAIWAN.
(a) In General.--Not later than 180 days after the date of the enactment of
this Act and annually thereafter for the following 5 years, the Secretary of
State, in coordination with the Director of National Intelligence, shall develop
and implement a strategy to respond to--
(1) covert, coercive, and corrupting activities carried out to
advance the Chinese Communist Party's ``United Front'' work related to
Taiwan, including activities directed, coordinated, or otherwise
supported by the United Front Work Department or its subordinate or
affiliated entities; and
(2) information and disinformation campaigns, cyber attacks, and
nontraditional propaganda measures supported by the Government of the
People's Republic of China and the Chinese Communist Party that are
directed toward persons or entities in Taiwan.
(b) Elements.--The strategy required under subsection (a) shall include
descriptions of--
(1) the proposed response to propaganda and disinformation campaigns
by the People's Republic of China and cyber-intrusions targeting Taiwan,
including--
(A) assistance in building the capacity of Taiwan's public
and private-sector entities to document and expose propaganda
and disinformation supported by the Government of the People's
Republic of China, the Chinese Communist Party, or affiliated
entities;
(B) assistance to enhance Taiwan's ability to develop a
holistic strategy to respond to sharp power operations,
including election interference; and
(C) media training for Taiwan officials and other Taiwan
entities targeted by disinformation campaigns;
(2) the proposed response to political influence operations that
includes an assessment of the extent of influence exerted by the
Government of the People's Republic of China and the Chinese Communist
Party in Taiwan on local political parties, financial institutions,
media organizations, and other entities;
(3) support for exchanges and other technical assistance to
strengthen the Taiwan legal system's ability to respond to sharp power
operations; and
(4) programs carried out by the Global Engagement Center to expose
misinformation and disinformation in the Chinese Communist Party's
propaganda.
SEC. 5514. TASK FORCE TO COUNTER ECONOMIC COERCION BY THE PEOPLE'S REPUBLIC OF
CHINA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the People's Republic of China's (PRC) increasing use of
economic coercion against foreign governments, companies, organizations,
other entities, and individuals requires that the United States devise a
comprehensive, effective, and multilateral response;
(2) the private sector is a crucial partner in helping the United
States Government respond to the PRC's coercive economic practices and
hold the PRC accountable;
(3) improved engagement and communication with the private sector,
including receiving information from the United States private sector
about the PRC's coercive economic practices would help the United States
Government and private sector stakeholders conduct early assessments of
potential pressure points and vulnerabilities; and
(4) PRC coercive economic practices create pressures for the private
sector to behave in ways antithetical to United States national
interests and competitiveness.
(b) Establishment of Task Force.--Not later than 180 days after the date of
the enactment of this Act, the President shall establish an interagency task
force to be known as the ``Countering Economic Coercion Task Force'' (referred
to in this section as the ``Task Force'').
(c) Duties.--
(1) In general.--The Task Force shall--
(A) oversee the development and implementation of an
integrated United States Government strategy to respond to
People's Republic of China (PRC) coercive economic practices,
which shall include--
(i) systematically monitoring and evaluating--
(I) the costs of such practices on United
States businesses and overall United States
economic performance;
(II) instances in which such practices taken
against a non-PRC entity has benefitted other
parties; and
(III) the impacts such practices have had on
United States national interests; and
(ii) facilitating coordination among Federal
departments and agencies when responding to such
practices as well as proactively deterring such economic
coercion, including by clarifying the roles for Federal
departments and agencies identified in subsection (d) in
implementing the strategy; and
(iii) forming policy recommendations for the
implementation of relevant United States authorities to
respond to instances of PRC coercive economic practices;
(B) consult with United States allies and partners on the
feasibility and desirability of collectively identifying,
assessing, and responding to PRC coercive economic practices, as
well as actions that could be taken to expand coordination with
the goal of ensuring a consistent, coherent, and collective
response to such practices and establishing long-term deterrence
of such practices;
(C) effectively engage the United States private sector,
particularly sectors, groups, or other entities that are
susceptible to such PRC coercive economic practices, on concerns
related to such practices; and
(D) develop and implement a process for regularly sharing
relevant information, including classified information to the
extent appropriate and practicable, on such PRC coercive
economic practices with United States allies, partners, and the
private sector.
(2) Consultation.--In carrying out its duties under this subsection,
the Task Force should regularly consult, to the extent necessary and
appropriate, with the following:
(A) Relevant stakeholders in the private sector.
(B) Federal departments and agencies that are not
represented on the Task Force.
(C) United States allies and partners.
(d) Membership.--The President shall--
(1) appoint the chair of the Task Force from among the staff of the
National Security Council;
(2) appoint the vice chair of the Task Force from among the staff of
the National Economic Council; and
(3) determine the Federal departments and agencies that will serve
on the task force, and direct the head of those agencies to appoint
personnel at the level of Assistant Secretary or above to participate in
the Task Force.
(e) Reports.--
(1) Initial report.--Not later than 1 year after the date of the
enactment of this Act, the Task Force shall submit to Congress a report
that includes the following elements:
(A) A comprehensive review of the array of economic tools
the Government of the People's Republic of China (PRC) employs
or could employ in the future to coerce other governments and
non-PRC companies (including United States companies) including
the Government of the PRC's continued efforts to codify informal
practices into its domestic law.
(B) The strategy required by subsection (c)(1)(A).
(C) An interagency definition of PRC coercive economic
practices that captures both--
(i) the use of informal or extralegal PRC coercive
economic practices; and
(ii) the inappropriate use of economic tools,
including those authorized under the laws and
regulations of the PRC.
(D) A comprehensive review of the array of tools the United
States Government employs or could employ to respond to economic
coercion against the government, companies, and other entities
of the United States or its allies and partners.
(E) A list of unilateral or multilateral--
(i) preemptive practices to defend or deter against
PRC coercive economic practices; and
(ii) actions taken in response to the Government of
the PRC's general use of coercive economic practices,
including the imposition of costs on the PRC.
(F) An assessment of United States allies and partners key
vulnerabilities to PRC coercive economic practices.
(G) A description of gaps in existing resources or
capabilities for United States Government departments and
agencies to respond effectively to PRC coercive economic
practices directed at United States entities and assist United
States allies and partners in their responses to PRC coercive
economic practices.
(H) An analysis of the circumstances under which the PRC
employs different types of economic coercion and against what
kinds of targets.
(I) An assessment of United States and international rules
and norms as well as any treaty obligations the PRC has
stretched, circumvented, or broken through its economically
coercive practices and the United States response in each
instance.
(2) Interim reports.--
(A) First interim report.--Not later than 1 year after the
date on which the report required by paragraph (1) is submitted
to Congress, the Task Force shall submit to Congress a report
that includes the following elements:
(i) Updates to information required by subparagraphs
(A) through (G) of paragraph (1).
(ii) A description of activities conducted by the
Task Force to implement the strategy required by
subsection (c)(1)(A).
(iii) An assessment of the implementation and
effectiveness of the strategy, lessons learned from the
past year and planned changes to the strategy.
(B) Second interim report.--Not later than 1 year after the
date on which the report required by subparagraph (A) is
submitted to Congress, the Task Force shall submit to the
appropriate congressional committees a report that includes an
update to the elements required under the report required by
subparagraph (A).
(3) Final report.--Not later than 30 days after the date on which
the report required by paragraph (2)(B) is submitted to Congress, the
Task Force shall submit to Congress a final report that includes the
following elements:
(A) An analysis of PRC coercive economic practices and the
cost of such coercive practices to United States businesses.
(B) A description of areas of possible vulnerability for
United States businesses and businesses of United States
partners and allies.
(C) Recommendations on how to continue the effort to counter
PRC coercive economic practices, including through further
coordination with United States allies and partners.
(D) Illustrative examples.
(4) Form.--The reports required by this subsection shall be
submitted in classified form, but may include an unclassified summary.
(f) Sunset.--
(1) In general.--The Task Force shall terminate at the end of the
60-day period beginning on the date on which the final report required
by subsection (e)(3) is submitted to Congress.
(2) Additional actions.--The Task force may use the 60-day period
referred to in paragraph (1) for the purposes of concluding its
activities, including providing testimony to Congress concerning the
final report required by subsection (e)(3).
(g) Assistance for Countries and Entities Targeted by the People's Republic
of China for Economic Coercion.--The Secretary of State, the Administrator of
the United States Agency for International Development, the United States
International Development Finance Corporation, the Secretary of Commerce, and
the Secretary of the Treasury shall provide appropriate assistance to countries
and entities that are subject to coercive economic practices by the People's
Republic of China.
SEC. 5515. CHINA CENSORSHIP MONITOR AND ACTION GROUP.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Qualified research entity.--The term ``qualified research
entity'' means an entity that--
(A) is a nonpartisan research organization or a Federally
funded research and development center;
(B) has appropriate expertise and analytical capability to
write the report required under subsection (c); and
(C) is free from any financial, commercial, or other
entanglements, which could undermine the independence of such
report or create a conflict of interest or the appearance of a
conflict of interest, with--
(i) the Government of the People's Republic of
China;
(ii) the Chinese Communist Party;
(iii) any company incorporated in the People's
Republic of China or a subsidiary of such company; or
(iv) any company or entity incorporated outside of
the People's Republic of China that is believed to have
a substantial financial or commercial interest in the
People's Republic of China.
(3) United states person.--The term ``United States person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity.
(b) China Censorship Monitor and Action Group.--
(1) In general.--The President shall establish an interagency task
force, which shall be known as the ``China Censorship Monitor and Action
Group'' (referred to in this subsection as the ``Task Force'').
(2) Membership.--The President shall take the following actions with
respect to the membership of, and participation in, the Task Force:
(A) Appoint the chair of the Task Force from among the staff
of the National Security Council.
(B) Appoint the vice chair of the Task Force from among the
staff of the National Economic Council.
(C) Determine the Federal departments and agencies that will
serve on the Task Force, and direct the head of those agencies
to appoint personnel at the level of Assistant Secretary or
above to participate in the Task Force.
(3) Responsibilities.--The Task Force shall--
(A) oversee the development and execution of an integrated
Federal Government strategy to monitor and address the impacts
of efforts directed, or directly supported, by the Government of
the People's Republic of China to censor or intimidate, in the
United States or in any of its possessions or territories, any
United States person, including United States companies that
conduct business in the People's Republic of China, which are
exercising their right to freedom of speech; and
(B) submit the strategy developed pursuant to subparagraph
(A) to the appropriate congressional committees not later than
120 days after the date of the enactment of this Act.
(4) Meetings.--The Task Force shall meet not less frequently than
twice per year.
(5) Consultations.--The Task Force should regularly consult, to the
extent necessary and appropriate, with--
(A) Federal agencies that are not represented on the Task
Force;
(B) independent agencies of the United States Government
that are not represented on the Task Force;
(C) relevant stakeholders in the private sector and the
media; and
(D) relevant stakeholders among United States allies and
partners facing similar challenges related to censorship or
intimidation by the Government of the People's Republic of
China.
(6) Reporting requirements.--
(A) Annual report.--The Task Force shall submit an annual
report to the appropriate congressional committees that
describes, with respect to the reporting period--
(i) the strategic objectives and policies pursued by
the Task Force to address the challenges of censorship
and intimidation of United States persons while in the
United States or any of its possessions or territories,
which is directed or directly supported by the
Government of the People's Republic of China;
(ii) the activities conducted by the Task Force in
support of the strategic objectives and policies
referred to in clause (i); and
(iii) the results of the activities referred to in
clause (ii) and the impact of such activities on the
national interests of the United States.
(B) Form of report.--Each report submitted pursuant to
subparagraph (A) shall be unclassified, but may include a
classified annex.
(C) Congressional briefings.--Not later than 90 days after
the date of the enactment of this Act, and annually thereafter,
the Task Force shall provide briefings to the appropriate
congressional committees regarding the activities of the Task
Force to execute the strategy developed pursuant to paragraph
(3)(A).
(c) Report on Censorship and Intimidation of United States Persons by the
Government of the People's Republic of China.--
(1) Report.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall select
and seek to enter into an agreement with a qualified research
entity that is independent of the Department of State to write a
report on censorship and intimidation in the United States and
its possessions and territories of United States persons,
including United States companies that conduct business in the
People's Republic of China, which is directed or directly
supported by the Government of the People's Republic of China.
(B) Matters to be included.--The report required under
subparagraph (A) shall--
(i) assess major trends, patterns, and methods of
the Government of the People's Republic of China's
efforts to direct or directly support censorship and
intimidation of United States persons, including United
States companies that conduct business in the People's
Republic of China, which are exercising their right to
freedom of speech;
(ii) assess, including through the use of
illustrative examples, as appropriate, the impact on and
consequences for United States persons, including United
States companies that conduct business in the People's
Republic of China, that criticize--
(I) the Chinese Communist Party;
(II) the Government of the People's Republic
of China;
(III) the authoritarian model of government
of the People's Republic of China; or
(IV) a particular policy advanced by the
Chinese Communist Party or the Government of the
People's Republic of China;
(iii) identify the implications for the United
States of the matters described in clauses (i) and (ii);
(iv) assess the methods and evaluate the efficacy of
the efforts by the Government of the People's Republic
of China to limit freedom of expression in the private
sector, including media, social media, film, education,
travel, financial services, sports and entertainment,
technology, telecommunication, and internet
infrastructure interests;
(v) include policy recommendations for the United
States Government, including recommendations regarding
collaboration with United States allies and partners, to
address censorship and intimidation by the Government of
the People's Republic of China; and
(vi) include policy recommendations for United
States persons, including United States companies that
conduct business in China, to address censorship and
intimidation by the Government of the People's Republic
of China.
(C) Applicability to united states allies and partners.--To
the extent practicable, the report required under subparagraph
(A) should identify implications and policy recommendations that
are relevant to United States allies and partners facing
censorship and intimidation directed or directly supported by
the Government of the People's Republic of China.
(2) Submission of report.--
(A) In general.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of State shall submit the
report written by the qualified research entity selected
pursuant to paragraph (1)(A) to the appropriate congressional
committees.
(B) Publication.--The report referred to in subparagraph (A)
shall be made accessible to the public online through relevant
United States Government websites.
(d) Sunset.--This section shall terminate on the date that is 5 years after
the date of enactment of this Act.
PART 3--INCLUSION OF TAIWAN IN INTERNATIONAL ORGANIZATIONS
SEC. 5516. FINDINGS.
Congress makes the following findings:
(1) Since 2016, the Gambia, Sao Tome and Principe, Panama, the
Dominican Republic, Burkina Faso, El Salvador, the Solomon Islands, and
Kiribati have severed diplomatic relations with Taiwan in favor of
diplomatic relations with China.
(2) Taiwan was invited to participate in the World Health Assembly
(WHA), the decision-making body of the World Health Organization (WHO),
as an observer annually between 2009 and 2016. Since the 2016 election
of President Tsai, the PRC has increasingly resisted Taiwan's
participation in the WHA. Taiwan was not invited to attend the WHA in
2017, 2018, 2019, 2020, or 2021.
(3) The Taipei Flight Information Region reportedly served 1,750,000
flights and 68,900,000 passengers in 2018, and is home to Taiwan Taoyuan
International Airport, the eleventh busiest airport in the world. Taiwan
has been excluded from participating at the International Civil Aviation
Organization (ICAO) since 2013.
(4) United Nations (UN) General Assembly Resolution 2758 does not
address the issue of representation of Taiwan and its people at the
United Nations, nor does it give the PRC the right to represent the
people of Taiwan.
SEC. 5517. SENSE OF CONGRESS ON TAIWAN'S MEANINGFUL PARTICIPATION IN THE
INTERNATIONAL COMMUNITY.
It is the sense of Congress that--
(1) Taiwan is an important contributor to the global community, as a
model for democracy, and by providing expertise in global health,
international aviation security, emerging technology development, and
high environmental standards;
(2) multiple United States Government administrations of both
political parties have taken important steps to advance Taiwan's
meaningful participation in international organizations;
(3) existing efforts to enhance United States cooperation with
Taiwan to provide global public goods, including through development
assistance, humanitarian assistance, and disaster relief, in trilateral
and multilateral fora are laudable and should continue;
(4) nonetheless, significant structural, policy, and legal barriers
remain to advancing Taiwan's meaningful participation in the
international community; and
(5) efforts to share Taiwan's expertise with other parts of the
global community could be further enhanced through a systematic
approach, along with greater attention from Congress and the American
public to such efforts.
SEC. 5518. STRATEGY TO SUPPORT TAIWAN'S MEANINGFUL PARTICIPATION IN
INTERNATIONAL ORGANIZATIONS.
(a) In General.--Not later than 180 days after the date of the enactment of
this Act, the Secretary of State, in consultation with other Federal departments
and agencies as appropriate, shall submit to the appropriate congressional
committees a strategy--
(1) to advance Taiwan''s meaningful participation in a prioritized
set of international organizations (IOs); and
(2) that responds to growing pressure from the PRC on foreign
governments, IOs, commercial actors, and civil society organizations to
comply with its ``One-China Principle'', with respect to Taiwan.
(b) Matters to Be Included.--The strategy required under subsection (a)
should include the following elements:
(1) An assessment of the methods the PRC uses to coerce actors to
into adhering to its ``One-China Principle.'' The methods should include
those employed against governments, IOs, and civil society
organizations. The assessment should also include pressure on commercial
actors, to the extent it is relevant in the context of Taiwan's
meaningful participation in IOs.
(2) An assessment of the policies of foreign governments toward the
PRC and Taiwan, to identify likeminded allies and partners who might
become public or private partners in the strategy.
(3) A systematic analysis of all IOs, as practicable, to identify
IOs that best lend themselves to advancing Taiwan's participation.
(4) A plan to expand economic, security, and diplomatic engagement
with nations that have demonstrably strengthened, enhanced, or upgraded
relations with Taiwan, in accordance with United States interests.
(5) A survey of IOs that have allowed Taiwan's meaningful
participation, including an assessment of whether any erosion in
Taiwan's engagement has occurred within those organizations and how
Taiwan's participation has positively strengthened the capacity and
activity of these organizations, thereby providing positive models for
Taiwan's inclusion in other similar forums.
(6) A list of no more than 20 IOs at which the United States
Government will prioritize for using its voice, vote, and influence to
advance Taiwan's meaningful participation over the three-year period
following the date of enactment of this Act. The list should be derived
from the IOs identified in paragraph (3).
(7) A description of the diplomatic strategies and the coalitions
the United States Government plans to develop to implement paragraph
(6).
(c) Form of Report.--The strategy required in subsection (a) shall be
classified, but it may include an unclassified summary.
(d) Support for Meaningful Participation.--The Permanent Representative of
the United States to the United Nations and other relevant United States
officials shall actively support Taiwan's meaningful participation in all
appropriate international organizations.
SEC. 5519. MEANINGFUL PARTICIPATION OF TAIWAN IN THE INTERNATIONAL CIVIL
AVIATION ORGANIZATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the International Civil Aviation Organization (ICAO) should
allow Taiwan to meaningfully participate in the organization, including
in ICAO triennial assembly sessions, conferences, technical working
groups, meetings, activities, and mechanisms;
(2) Taiwan is a global leader and hub for international aviation,
with a range of expertise, information, and resources and the fifth
busiest airport in Asia (Taoyuan International Airport), and its
meaningful participation in ICAO would significantly enhance the ability
of ICAO to ensure the safety and security of global aviation; and
(3) coercion by the Chinese Communist Party and the People's
Republic of China has ensured the systematic exclusion of Taiwan from
meaningful participation in ICAO, significantly undermining the ability
of ICAO to ensure the safety and security of global aviation.
(b) Plan for Taiwan's Meaningful Participation in the International Civil
Aviation Organization.--The Secretary of State, in coordination with the
Secretary of Commerce and the Secretary of Transportation, is authorized--
(1) to initiate a United States plan to secure Taiwan's meaningful
participation in ICAO, including in ICAO triennial assembly sessions,
conferences, technical working groups, meetings, activities, and
mechanisms; and
(2) to instruct the United States representative to the ICAO to--
(A) use the voice and vote of the United States to ensure
Taiwan's meaningful participation in ICAO, including in ICAO
triennial assembly sessions, conferences, technical working
groups, meetings, activities, and mechanisms; and
(B) seek to secure a vote at the next ICAO triennial
assembly session on the question of Taiwan's participation in
that session.
(c) Report Concerning Taiwan's Meaningful Participation in the International
Civil Aviation Organization.--Not later than 90 days after the date of the
enactment of this Act, and not later than April 1 of each year thereafter for
the following 6 years, the Secretary of State, in coordination with the
Secretary of Commerce, shall submit to the Committee on Foreign Relations and
the Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Foreign Affairs, the Committee on Transportation and
Infrastructure, and the Committee on Energy and Commerce of the House of
Representatives an unclassified report that--
(1) describes the United States plan to ensure Taiwan's meaningful
participation in ICAO, including in ICAO triennial assembly sessions,
conferences, technical working groups, meetings, activities, and
mechanisms;
(2) includes an account of the efforts made by the Secretary of
State and the Secretary of Commerce to ensure Taiwan's meaningful
participation in ICAO, including in ICAO triennial assembly sessions,
conferences, technical working groups, meetings, activities, and
mechanisms; and
(3) identifies the steps the Secretary of State and the Secretary of
Commerce will take in the next year to ensure Taiwan's meaningful
participation in ICAO, including in ICAO triennial assembly sessions,
conferences, technical working groups, meetings, activities, and
mechanisms.
PART 4--MISCELLANEOUS PROVISIONS
SEC. 5520. REPORT ON TAIWAN TRAVEL ACT.
(a) Appropriate Committees of Congress Defined.--In this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Armed Services of the House of Representatives;
and
(6) the Committee on Appropriations of the House of Representatives.
(b) List of High-level Visits.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for 5 years, the Secretary of
State, in accordance with the Taiwan Travel Act (Public Law 115-135), shall
submit to the appropriate committees of Congress--
(1) a list of high-level officials from the United States Government
who have traveled to Taiwan on or after the date of the enactment of the
Taiwan Travel Act; and
(2) a list of high-level officials of Taiwan who have entered the
United States on or after such date of enactment.
(c) Annual Report.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter for 5 years, the
Secretary of State shall submit to the appropriate committees of
Congress a report on the implementation of the Taiwan Travel Act (Public
Law 115-135; 132 Stat. 341), including a discussion of its positive
effects on United States interests in the region.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 5521. AMENDMENTS TO THE TAIWAN ALLIES INTERNATIONAL PROTECTION AND
ENHANCEMENT INITIATIVE (TAIPEI) ACT OF 2019.
The Taiwan Allies International Protection and Enhancement Initiative
(TAIPEI) Act of 2019 (Public Law 116-135) is amended--
(1) in section 2(5), by striking ``and Kiribati'' and inserting
``Kiribati, and Nicaragua,'';
(2) in section 4--
(A) in the matter preceding paragraph (1), by striking
``should be'' and inserting ``is'';
(B) in paragraph (2), by striking ``and'' at the end;
(C) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(4) to support Taiwan's diplomatic relations with governments and
countries''; and
(3) in section 5--
(A) in subsection (a)--
(i) in paragraph (2), by striking ``and'' at the
end;
(ii) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(4) identify why governments and countries have altered their
diplomatic status vis-a-vis Taiwan and make recommendations to mitigate
further deterioration in Taiwan's diplomatic relations with governments
and countries.'';
(B) in subsection (b), by striking ``1 year after the date
of the enactment of this Act, and annually thereafter for five
years, the Secretary of State shall report'' and inserting ``90
days after the date of the enactment of the Taiwan Enhanced
Resilience Act, and annually thereafter for the following 7
years, the Secretary of State shall submit an unclassified
report, with a classified annex,'';
(C) by redesignating subsection (c) as subsection (d); and
(D) by inserting after subsection (b) the following:
``(c) Briefings.--Not later than 90 days after the date of the enactment of
the Taiwan Enhanced Resilience Act, and annually thereafter for the following 7
years, the Secretary of State shall provide briefings to the appropriate
congressional committees on the steps taken in accordance with section (a). The
briefings required under this subsection shall take place in an unclassified
setting, but may be accompanied by an additional classified briefing.''.
SEC. 5522. REPORT ON ROLE OF PEOPLE'S REPUBLIC OF CHINA'S NUCLEAR THREAT IN
ESCALATION DYNAMICS.
(a) Appropriate Congressional Committees Defined.--In this section, the term
``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Select Committee on Intelligence of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Armed Services of the House of Representatives;
and
(6) the Permanent Select Committee on Intelligence of the House of
Representatives.
(b) In General.--Not later than 90 days after the date of the enactment of
this Act, the Secretary of State, in consultation with the Secretary of Defense
and the Director of National Intelligence, shall submit to the appropriate
congressional committees a report assessing the role of the increasing nuclear
threat of the People's Republic of China in escalation dynamics with respect to
Taiwan.
(c) Form.--The report required by subsection (b) shall be submitted in
classified form, but may include an unclassified summary.
SEC. 5523. REPORT ANALYZING THE IMPACT OF RUSSIA'S WAR AGAINST UKRAINE ON THE
OBJECTIVES OF THE PEOPLE'S REPUBLIC OF CHINA WITH RESPECT TO
TAIWAN.
(a) Appropriate Congressional Committees Defined.--In this section, the term
``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Select Committee on Intelligence of the Senate;
(5) the Committee on Banking, Housing, and Urban Affairs of the
Senate;
(6) the Committee on Commerce, Science, and Transportation of the
Senate;
(7) the Committee on Foreign Affairs of the House of
Representatives;
(8) the Committee on Armed Services of the House of Representatives;
(9) the Committee on Appropriations of the House of Representatives;
(10) the Permanent Select Committee on Intelligence of the House of
Representatives;
(11) the Committee on Financial Services of the House of
Representatives; and
(12) the Committee on Energy and Commerce of the House of
Representatives.
(b) In General.--Not later than 90 days after the date of the enactment of
this Act, the Secretary of State, in consultation with the Secretary of Defense
and the Director of National Intelligence, shall submit a report to the
appropriate congressional committees that analyzes the impact of Russia's war
against Ukraine on the PRC's diplomatic, military, economic, and propaganda
objectives with respect to Taiwan.
(c) Elements.--The report required by subsection (b) shall describe--
(1) adaptations or known changes to PRC strategies and military
doctrine that the United States assesses are a direct result of the
Russian invasion of Ukraine or that the United States assesses represent
lessons learned by the People's Republic of China in light of Russia's
invasion of Ukraine, including changes--
(A) to PRC behavior in international forums;
(B) within the People's Liberation Army, with respect to the
size of forces, the makeup of leadership, weapons procurement,
equipment upkeep, the doctrine on the use of specific weapons,
such as weapons banned under the international law of armed
conflict, efforts to move weapons supply chains onto mainland
PRC, or any other changes in its military strategy with respect
to Taiwan;
(C) in economic planning, such as sanctions evasion, efforts
to minimize exposure to sanctions, or moves in support of the
protection of currency or other strategic reserves;
(D) to propaganda, disinformation, and other information
operations originating in the PRC; and
(E) to the PRC's strategy for the use of force against
Taiwan, including any information on preferred scenarios or
operations to secure its objectives in Taiwan, adjustments based
on how the Russian military has performed in Ukraine, and other
relevant matters; and
(2) United States plans to adapt policies and military planning in
response to the changes referred to in paragraph (1).
(d) Form.--The report required by subsection (b) shall be submitted in
classified form.
(e) Coordination With Allies and Partners.--The Secretary of State shall
share information contained in the report required by subsection (b), as
appropriate, with appropriate officials of allied and partners, including Taiwan
and other partners in Europe and in the Indo-Pacific.
SEC. 5524. EXPANDING UNITED STATES-TAIWAN DEVELOPMENT COOPERATION.
(a) In General.--No later than 120 days following the date of enactment of
this Act, the Secretary of State, in consultation with the Administrator of the
United States Agency for International Development (USAID), the United States
International Development Finance Corporation (DFC), and the heads of other
relevant Federal departments and agencies that provide international economic
assistance and other support, shall submit to Congress a report on cooperation
with Taiwan on trilateral and multilateral development initiatives through the
American Institute in Taiwan as appropriate.
(b) Matters to Be Included.--The report required by subsection (a) shall
include the following elements:
(1) A comprehensive review of existing cooperation mechanisms and
initiatives among USAID, DFC, other relevant Federal agencies that
provide international economic assistance and other support, and
relevant departments and agencies in Taiwan, including Taiwan's
International Cooperation and Development Fund (ICDF).
(2) An assessment of how United States development cooperation with
relevant departments and agencies in Taiwan compares to comparable
cooperation with partners of similar economic size and foreign
assistance capacity to Taiwan.
(3) An analysis of the opportunities and challenges the cooperation
reviewed in paragraph (1) has offered to date. The analysis shall
include--
(A) opportunities that collaboration has offered to expand
the United States Government's ability to deliver support,
assistance, and other international financial products into a
wider range communities;
(B) sectors where USAID, DFC, ICDF, other relevant Federal
agencies that provide international economic assistance and
other support in both Taiwan and the United States, or the
organizations' implementing partners have a comparative
advantage in providing assistance;
(C) opportunities to transition capacity building events
with relevant departments and agencies in Taiwan, through the
Global Cooperation and Training Framework as well as other
forums, into enduring forms of development cooperation.
(4) An assessment of any legal, policy, logistical, financial, or
administrative barriers to expanding cooperation in trilateral or
multilateral development. The analysis shall include--
(A) availability of personnel at the American Institute in
Taiwan responsible for coordinating development assistance
cooperation;
(B) volume of current cooperation initiatives and barriers
to expanding them;
(C) diplomatic, policy, or legal barriers facing the United
States or other partners to including Taiwan in formal and
informal multilateral development cooperation mechanisms;
(D) resource or capacity barriers to expanding cooperation
facing the United States or Taiwan; and
(E) geopolitical barriers that complicate United States-
Taiwan cooperation in third countries.
(5) Recommendations to address the challenges identified in
paragraph (4).
(6) A description of any additional resources or authorities that
expanding cooperation might require.
(c) Form of Report.--The strategy required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 5525. SENSE OF CONGRESS ON EXPANDING UNITED STATES ECONOMIC RELATIONS WITH
TAIWAN.
It is the sense of the Congress that--
(1) expanding United States economic relations with Taiwan has
benefitted the people of both the United States and Taiwan, as Taiwan is
now the United States 10th largest goods trading partner, 13th largest
export market, 13th largest source of imports, and a key destination for
United States agricultural exports;
(2) further integration would benefit both peoples and is in the
strategic and diplomatic interests of the United States; and
(3) the United States should explore opportunities to expand
economic agreements between Taiwan and the United States, through
dialogue, and by developing the legal templates required to support
potential future agreements.
PART 5--SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE PROGRAMS WITH TAIWAN
SEC. 5526. SHORT TITLE.
This part may be cited as the ``Taiwan Fellowship Act''.
SEC. 5527. FINDINGS.
Congress makes the following findings:
(1) The Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et
seq.) affirmed United States policy ``to preserve and promote extensive,
close, and friendly commercial, cultural, and other relations between
the people of the United States and the people on Taiwan, as well as the
people on the China mainland and all other peoples of the Western
Pacific area''.
(2) Consistent with the Asia Reassurance Initiative Act of 2018
(Public Law 115-409), the United States has grown its strategic
partnership with Taiwan's vibrant democracy of 23,000,000 people.
(3) The creation of a United States fellowship program with Taiwan
would support--
(A) a key priority of expanding people-to-people exchanges,
which was outlined in President Donald J. Trump's 2017 National
Security Strategy;
(B) President Joseph R. Biden's commitment to Taiwan, ``a
leading democracy and a critical economic and security
partner'', as expressed in his March 2021 Interim National
Security Strategic Guidance; and
(C) April 2021 guidance from the Department of State based
on a review required under the Taiwan Assurance Act of 2020
(subtitle B of title III of division FF of Public Law 116-260)
to ``encourage U.S. government engagement with Taiwan that
reflects our deepening unofficial relationship''.
SEC. 5528. PURPOSES.
The purposes of this part are--
(1) to further strengthen the United States-Taiwan strategic
partnership and broaden understanding of the Indo-Pacific region by
temporarily assigning officials of any agencies of the United States
Government to Taiwan for intensive study in Mandarin and placement as
Fellows in a Taiwanese civic institution;
(2) to provide for eligible United States personnel--
(A) to learn or strengthen Mandarin Chinese language skills;
and
(B) to expand their understanding of the political economy
of Taiwan and the Indo-Pacific region; and
(3) to better position the United States to advance its economic,
security, and human rights interests and values in the Indo-Pacific
region.
SEC. 5529. DEFINITIONS.
In this part:
(1) Agency head.--The term ``agency head'' means, in the case of the
executive branch of United States Government or a legislative branch
agency described in paragraph (2), the head of the respective agency.
(2) Agency of the united states government.--The term ``agency of
the United States Government'' includes the Government Accountability
Office, the Congressional Budget Office, and the Congressional Research
Service of the legislative branch, as well as any agency of the
executive branch.
(3) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(4) Detailee.--The term ``detailee'' means--
(A) an employee of an agency of the United States Government
on loan to the American Institute in Taiwan, without a change of
position from the agency at which the employee is employed; and
(B) a legislative branch employee from the Government
Accountability Office, Congressional Budget Office, or the
Congressional Research Service.
(5) Implementing partner.--The term ``implementing partner'' means
any United States organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 that--
(A) performs logistical, administrative, and other
functions, as determined by the Department of State and the
American Institute of Taiwan in support of the Taiwan Fellowship
Program; and
(B) enters into a cooperative agreement with the American
Institute in Taiwan to administer the Taiwan Fellowship Program.
(6) Program.--The term ``Program'' means the Taiwan Fellowship
Program established pursuant to section 5530.
SEC. 5530. TAIWAN FELLOWSHIP PROGRAM.
(a) Establishment.--The Secretary of State shall establish the Taiwan
Fellowship Program (referred to in this section as the ``Program'') to provide a
fellowship opportunity in Taiwan of up to 2 years for eligible United States
citizens. The Department of State, in consultation with the American Institute
in Taiwan and the implementing partner, may modify the name of the Program.
(b) Cooperative Agreement.--
(1) In general.--The American Institute in Taiwan should use amounts
appropriated pursuant to section 5533(a) to enter into an annual or
multi-year cooperative agreement with an appropriate implementing
partner.
(2) Fellowships.--The Department of State or the American Institute
in Taiwan, in consultation with, as appropriate, the implementing
partner, should award to eligible United States citizens, subject to
available funding--
(A) approximately 5 fellowships during the first 2 years of
the Program; and
(B) approximately 10 fellowships during each of the
remaining years of the Program.
(c) American Institution in Taiwan Agreement; Implementing Partner.--Not
later than 30 days after the date of the enactment of this Act, the American
Institute in Taiwan, in consultation with the Department of State, should--
(1) begin negotiations with the Taipei Economic and Cultural
Representative Office, or with another appropriate entity, for the
purpose of entering into an agreement to facilitate the placement of
fellows in an agency of Taiwan; and
(2) begin the process of selecting an implementing partner, which--
(A) shall agree to meet all of the legal requirements
required to operate in Taiwan; and
(B) shall be composed of staff who demonstrate significant
experience managing exchange programs in the Indo-Pacific
region.
(d) Curriculum.--
(1) First year.--During the first year of each fellowship under this
section, each fellow should study--
(A) the Mandarin Chinese language;
(B) the people, history, and political climate on Taiwan;
and
(C) the issues affecting the relationship between the United
States and the Indo-Pacific region.
(2) Second year.--During the second year of each fellowship under
this section, each fellow, subject to the approval of the Department of
State, the American Institute in Taiwan, and the implementing partner,
and in accordance with the purposes of this subtitle, should work in--
(A) a parliamentary office, ministry, or other agency of
Taiwan; or
(B) an organization outside the public sector in Taiwan,
whose interests are associated with the interests of the fellow
and the agency of the United States Government from which the
fellow is or had been employed.
(e) Program Requirements.--
(1) Eligibility requirements.--A United States citizen is eligible
for a fellowship under this section if the citizen--
(A) is an employee of the United States Government;
(B) has received at least one exemplary performance review
in his or her current United States Government role within at
least the last three years prior to beginning the fellowship;
(C) has at least 2 years of experience in any branch of the
United States Government;
(D) has a demonstrated professional or educational
background in the relationship between the United States and
countries in the Indo-Pacific region; and
(E) has demonstrated his or her commitment to further
service in the United States Government.
(2) Responsibilities of fellows.--Each recipient of a fellowship
under this section shall agree, as a condition of such fellowship--
(A) to maintain satisfactory progress in language training
and appropriate behavior in Taiwan, consistent with United
States Government policy toward Taiwan, as determined by the
Department of State, the American Institute in Taiwan and, as
appropriate, its implementing partner;
(B) to refrain from engaging in any intelligence or
intelligence-related activity on behalf of the United States
Government; and
(C) to continue Federal Government employment for a period
of not less than 4 years after the conclusion of the fellowship
or for not less than 2 years for a fellowship that is 1 year or
shorter.
(3) Responsibilities of implementing partner.--
(A) Selection of fellows.--The implementing partner, with
the concurrence of the Department of State and the American
Institute in Taiwan, shall--
(i) make efforts to recruit fellowship candidates
who reflect the diversity of the United States;
(ii) select fellows for the Taiwan Fellowship
Program based solely on merit, with appropriate
supervision from the Department of State and the
American Institute in Taiwan; and
(iii) prioritize the selection of candidates willing
to serve in a fellowship lasting 1 year or longer.
(B) First year.--The implementing partner should provide
each fellow in the first year (or shorter duration, as jointly
determined by the Department of State and the American Institute
in Taiwan for those who are not serving a 2-year fellowship)
with--
(i) intensive Mandarin Chinese language training;
and
(ii) courses in the politics, culture, and history
of Taiwan, China, and the broader Indo-Pacific.
(C) Waiver of first-year training.--The Department of State,
in coordination with the American Institute in Taiwan and, as
appropriate, the implementing partner, may waive any of the
training required under paragraph (2) to the extent that a
fellow has Mandarin language skills, knowledge of the topic
described in subparagraph (B)(ii), or for other related reasons
approved by the Department of State and the American Institute
in Taiwan. If any of the training requirements are waived for a
fellow serving a 2-year fellowship, the training portion of his
or her fellowship may be shortened to the extent appropriate.
(D) Office; staffing.--The implementing partner, in
consultation with the Department of State and the American
Institute in Taiwan, may maintain an office and at least 1 full-
time staff member in Taiwan--
(i) to liaise with the American Institute in Taiwan
and institutions of Taiwan; and
(ii) to serve as the primary in-country point of
contact for the recipients of fellowships under this
part and their dependents.
(E) Other functions.--The implementing partner may perform
other functions in association with support of the Taiwan
Fellowship Program, including logistical and administrative
functions, as prescribed by the Department of State and the
American Institute in Taiwan.
(4) Noncompliance.--
(A) In general.--Any fellow who fails to comply with the
requirements under this section shall reimburse the American
Institute in Taiwan, or the appropriate United States Government
agency for--
(i) the Federal funds expended for the fellow's
participation in the fellowship, as set forth in
subparagraphs (B) and (C); and
(ii) interest accrued on such funds (calculated at
the prevailing rate).
(B) Full reimbursement.--Any fellow who violates
subparagraph (A) or (B) of paragraph (2) shall reimburse the
American Institute in Taiwan, or the appropriate United States
Government agency, in an amount equal to the sum of--
(i) all of the Federal funds expended for the
fellow's participation in the fellowship; and
(ii) interest on the amount specified in
subparagraph (A), which shall be calculated at the
prevailing rate.
(C) Pro rata reimbursement.--Any fellow who violates
subparagraph (C) of paragraph (2) shall reimburse the American
Institute in Taiwan, or the appropriate United States Government
agency, in an amount equal to the difference between--
(i) the amount specified in subparagraph (B); and
(ii) the product of--
(I) the amount the fellow received in
compensation during the final year of the
fellowship, including the value of any
allowances and benefits received by the fellow;
multiplied by
(II) the percentage of the period specified
in paragraph (2)(C) during which the fellow did
not remain employed by the Federal Government.
(f) Flexible Fellowship Duration.--Notwithstanding any requirement under
this section, the Secretary of State, in consultation with the American
Institute in Taiwan and, as appropriate, the implementing partner, may award
fellowships that have a duration of less than 2 years, and may alter the
curriculum requirements under subsection (d) for such purposes.
(g) Sunset.--The fellowship program under this part shall terminate 7 years
after the date of the enactment of this Act.
SEC. 5531. REPORTS AND AUDITS.
(a) Annual Report.--Not later than 90 days after the selection of the first
class of fellows under this part, and annually thereafter for 7 years, the
Department of State shall offer to brief the appropriate committees of Congress
regarding the following issues:
(1) An assessment of the performance of the implementing partner in
fulfilling the purposes of this part.
(2) The names and sponsoring agencies of the fellows selected by the
implementing partner and the extent to which such fellows represent the
diversity of the United States.
(3) The names of the parliamentary offices, ministries, other
agencies of Taiwan, and nongovernmental institutions to which each
fellow was assigned during the second year of the fellowship.
(4) Any recommendations, as appropriate, to improve the
implementation of the Taiwan Fellowship Program, including added
flexibilities in the administration of the program.
(5) An assessment of the Taiwan Fellowship Program's value upon the
relationship between the United States and Taiwan or the United States
and Asian countries.
(b) Annual Financial Audit.--
(1) In general.--The financial records of any implementing partner
shall be audited annually in accordance with generally accepted
government auditing standards by independent certified public
accountants or independent licensed public accountants who are certified
or licensed by a regulatory authority of a State or another political
subdivision of the United States.
(2) Location.--Each audit under paragraph (1) shall be conducted at
the place or places where the financial records of the implementing
partner are normally kept.
(3) Access to documents.--The implementing partner shall make
available to the accountants conducting an audit under paragraph (1)--
(A) all books, financial records, files, other papers,
things, and property belonging to, or in use by, the
implementing partner that are necessary to facilitate the audit;
and
(B) full facilities for verifying transactions with the
balances or securities held by depositories, fiscal agents, and
custodians.
(4) Report.--
(A) In general.--Not later than 270 days after the end of
each fiscal year, the implementing partner shall provide a
report of the audit conducted for such fiscal year under
paragraph (1) to the Department of State and the American
Institute in Taiwan.
(B) Contents.--Each audit report shall--
(i) set forth the scope of the audit;
(ii) include such statements, along with the
auditor's opinion of those statements, as may be
necessary to present fairly the implementing partner's
assets and liabilities, surplus or deficit, with
reasonable detail;
(iii) include a statement of the implementing
partner's income and expenses during the year; and
(iv) include a schedule of--
(I) all contracts and cooperative agreements
requiring payments greater than $5,000; and
(II) any payments of compensation, salaries,
or fees at a rate greater than $5,000 per year.
(C) Copies.--Each audit report shall be produced in
sufficient copies for distribution to the public.
SEC. 5532. TAIWAN FELLOWS ON DETAIL FROM GOVERNMENT SERVICE.
(a) In General.--
(1) Detail authorized.--With the approval of the Secretary of State,
an agency head may detail, for a period of not more than 2 years, an
employee of the agency of the United States Government who has been
awarded a fellowship under this part, to the American Institute in
Taiwan for the purpose of assignment to Taiwan or an organization
described in section 5530(d)(2)(B).
(2) Agreement.--Each detailee shall enter into a written agreement
with the Federal Government before receiving a fellowship, in which the
fellow shall agree--
(A) to continue in the service of the sponsoring agency at
the end of fellowship for a period of at least 4 years (or at
least 2 years if the fellowship duration is 1 year or shorter)
unless the detailee is involuntarily separated from the service
of such agency; and
(B) to pay to the American Institute in Taiwan, or the
United States Government agency, as appropriate, any additional
expenses incurred by the Federal Government in connection with
the fellowship if the detailee voluntarily separates from
service with the sponsoring agency before the end of the period
for which the detailee has agreed to continue in the service of
such agency.
(3) Exception.--The payment agreed to under paragraph (2)(B) may not
be required from a detailee who leaves the service of the sponsoring
agency to enter into the service of another agency of the United States
Government unless the head of the sponsoring agency notifies the
detailee before the effective date of entry into the service of the
other agency that payment will be required under this subsection.
(b) Status as Government Employee.--A detailee--
(1) is deemed, for the purpose of preserving allowances, privileges,
rights, seniority, and other benefits, to be an employee of the
sponsoring agency;
(2) is entitled to pay, allowances, and benefits from funds
available to such agency, which is deemed to comply with section 5536 of
title 5, United States Code; and
(3) may be assigned to a position with an entity described in
section 5530(d)(2)(A) if acceptance of such position does not involve--
(A) the taking of an oath of allegiance to another
government; or
(B) the acceptance of compensation or other benefits from
any foreign government by such detailee.
(c) Responsibilities of Sponsoring Agency.--
(1) In general.--The Federal agency from which a detailee is
detailed should provide the fellow allowances and benefits that are
consistent with Department of State Standardized Regulations or other
applicable rules and regulations, including--
(A) a living quarters allowance to cover the cost of housing
in Taiwan;
(B) a cost of living allowance to cover any possible higher
costs of living in Taiwan;
(C) a temporary quarters subsistence allowance for up to 7
days if the fellow is unable to find housing immediately upon
arriving in Taiwan;
(D) an education allowance to assist parents in providing
the fellow's minor children with educational services ordinarily
provided without charge by public schools in the United States;
(E) moving expenses to transport personal belongings of the
fellow and his or her family in their move to Taiwan, which is
comparable to the allowance given for American Institute in
Taiwan employees assigned to Taiwan; and
(F) an economy-class airline ticket to and from Taiwan for
each fellow and the fellow's immediate family.
(2) Modification of benefits.--The American Institute in Taiwan and
its implementing partner, with the approval of the Department of State,
may modify the benefits set forth in paragraph (1) if such modification
is warranted by fiscal circumstances.
(d) No Financial Liability.--The American Institute in Taiwan, the
implementing partner, and Taiwan or non-public sector entities in Taiwan at
which a fellow is detailed during the second year of the fellowship may not be
held responsible for the pay, allowances, or any other benefit normally provided
to the detailee.
(e) Reimbursement.--Fellows may be detailed under subsection (a)(1) without
reimbursement to the United States by the American Institute in Taiwan.
(f) Allowances and Benefits.--Detailees may be paid by the American
Institute in Taiwan for the allowances and benefits listed in subsection (c).
SEC. 5533. FUNDING.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the American Institute in Taiwan--
(1) for fiscal year 2023, $2,900,000, of which--
(A) $500,000 should be used to launch the Taiwan Fellowship
Program through a competitive cooperative agreement with an
appropriate implementing partner;
(B) $2,300,000 should be used to fund a cooperative
agreement with an appropriate implementing partner; and
(C) $100,000 should be used for management expenses of the
American Institute in Taiwan related to the management of the
Taiwan Fellowship Program; and
(2) for fiscal year 2024, and each succeeding fiscal year,
$2,400,000, of which--
(A) $2,300,000 should be used for a cooperative agreement to
the appropriate implementing partner; and
(B) $100,000 should be used for management expenses of the
American Institute in Taiwan related to the management of the
Taiwan Fellowship Program.
(b) Private Sources.--The implementing partner selected to implement the
Taiwan Fellowship Program may accept, use, and dispose of gifts or donations of
services or property in carrying out such program, subject to the review and
approval of the American Institute in Taiwan.
SEC. 5534. STUDY AND REPORT.
Not later than 1 year prior to the sunset of the fellowship program under
section 5530(g), the Comptroller General of the United States shall conduct a
study and submit to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House a report that includes--
(1) an analysis of the United States Government participants in this
program, including the number of applicants and the number of
fellowships undertaken, the place of employment, and an assessment of
the costs and benefits for participants and for the United States
Government of such fellowships;
(2) an analysis of the financial impact of the fellowship on United
States Government offices which have provided fellows to participate in
the program; and
(3) recommendations, if any, on how to improve the fellowship
program.
SEC. 5535. SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE PROGRAMS WITH
TAIWAN.
(a) Establishment of the United States-Taiwan Cultural Exchange
Foundation.--The Secretary of State should consider establishing an independent
nonprofit entity that--
(1) is dedicated to deepening ties between the future leaders of
Taiwan and the future leaders of the United States; and
(2) works with State and local school districts and educational
institutions to send high school and university students to Taiwan to
study the Chinese language, culture, history, politics, and other
relevant subjects.
(b) Partner.--State and local school districts and educational institutions,
including public universities, are encouraged to partner with the Taipei
Economic and Cultural Representative Office in the United States to establish
programs to promote more educational and cultural exchanges.
PART 6--UNITED STATES-TAIWAN PUBLIC HEALTH PROTECTION
SEC. 5536. SHORT TITLE.
This part may be cited as ``United States-Taiwan Public Health Protection
Act''.
SEC. 5537. DEFINITIONS.
In this part:
(1) Appropriate congressional committees.--For the purposes of this
part, the term ``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Foreign Affairs of the House of
Representatives;
(E) the Committee on Energy and Commerce of the House of
Representatives; and
(F) the Committee on Appropriations of the House of
Representatives.
(2) Center.--The term ``Center'' means the Infectious Disease
Monitoring Center described in section 5538(a)(2).
SEC. 5538. STUDY ON AN INFECTIOUS DISEASE MONITORING CENTER.
(a) Study.--Not later than one year after the date of the enactment of this
Act, the Secretary of State and the Secretary of Health and Human Services, in
consultation with the heads of other relevant Federal departments and agencies,
shall submit to appropriate congressional committees a study that includes the
following:
(1) A description of ongoing cooperation between the United States
Government and Taiwan related to public health, including public health
activities supported by the United States in Taiwan.
(2) A description how the United States and Taiwan can promote
further cooperation and expand public health activities, including the
feasibility and utility of establishing an Infectious Disease Monitoring
Center within the American Institute of Taiwan in Taipei, Taiwan to--
(A) regularly monitor, analyze, and disseminate open-source
material from countries in the region, including viral strains,
bacterial subtypes, and other pathogens;
(B) engage in people-to-people contacts with medical
specialists and public health officials in the region;
(C) provide expertise and information on infectious diseases
to the United States Government and Taiwanese officials; and
(D) carry out other appropriate activities, as determined by
the Director of the Center.
(b) Elements.--The study required by subsection (a) shall include--
(1) a plan on how such a Center would be established and
operationalized, including--
(A) the personnel, material, and funding requirements
necessary to establish and operate the Center; and
(B) the proposed structure and composition of Center
personnel, which may include--
(i) infectious disease experts from the Department
of Health and Human Services, who are recommended to
serve as detailees to the Center; and
(ii) additional qualified persons to serve as
detailees to or employees of the Center, including--
(I) from any other relevant Federal
department or agencies, to include the
Department of State and the United States Agency
for International Development;
(II) qualified foreign service nationals or
locally engaged staff who are considered
citizens of Taiwan; and
(III) employees of the Taiwan Centers for
Disease Control;
(2) an evaluation, based on the factors in paragraph (1), of whether
to establish the Center; and
(3) a description of any consultations or agreements between the
American Institute in Taiwan and the Taipei Economic and Cultural
Representative Office in the United States regarding the establishment
and operation of the Center, including--
(A) the role that employees of the Taiwan Centers for
Disease Control would play in supporting or coordinating with
the Center; and
(B) whether any employees of the Taiwan Centers for Disease
Control would be detailed to, or co-located with, the Center.
(c) Consultation.--The Secretary of State and the Secretary of Health and
Human Services shall consult with the appropriate congressional committees
before full completion of the study.
PART 7--RULES OF CONSTRUCTION
SEC. 5539. RULE OF CONSTRUCTION.
Nothing in this subtitle may be construed--
(1) to restore diplomatic relations with the Republic of China; or
(2) to alter the United States Government's position with respect to
the international status of the Republic of China.
SEC. 5540. RULE OF CONSTRUCTION REGARDING THE USE OF MILITARY FORCE.
Nothing in this title may be construed as authorizing the use of military
force or the introduction of United States forces into hostilities.
Subtitle B--United States-Ecuador Partnership Act of 2022
SEC. 5541. SHORT TITLE.
This subtitle may be cited as the ``United States-Ecuador Partnership Act of
2022''.
SEC. 5542. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should take additional steps to strengthen its
bilateral partnership with Ecuador, including by providing for robust
trade and investment, increasing law enforcement cooperation, renewing
the activities of the United States Agency for International Development
in Ecuador, and supporting Ecuador's response to and recovery from the
COVID-19 pandemic, as necessary and appropriate; and
(2) strengthening the United States-Ecuador partnership presents an
opportunity to advance core United States national security interests
and work with other democratic partners to maintain a prosperous,
politically stable, and democratic Western Hemisphere that is resilient
to malign foreign influence.
SEC. 5543. FACILITATING ECONOMIC AND COMMERCIAL TIES.
The Secretary of State, in coordination with the Secretary of Commerce, the
United States Trade Representative, the Secretary of the Treasury, and the heads
of other relevant Federal departments and agencies, as appropriate, shall
develop and implement a strategy to strengthen commercial and economic ties
between the United States and Ecuador by--
(1) promoting cooperation and information sharing to encourage
awareness of and increase trade and investment opportunities between the
United States and Ecuador;
(2) supporting efforts by the Government of Ecuador to promote a
more open, transparent, and competitive business environment, including
by lowering trade barriers, implementing policies to reduce trading
times, and improving efficiencies to expedite customs operations for
importers and exporters of all sizes, in all sectors, and at all ports
of entry in Ecuador;
(3) establishing frameworks or mechanisms to review the long term
financial sustainability and security implications of foreign
investments in Ecuador in strategic sectors or services;
(4) establishing competitive and transparent infrastructure project
selection and procurement processes in Ecuador that promote
transparency, open competition, financial sustainability, and robust
adherence to global standards and norms;
(5) developing programs to help the Government of Ecuador improve
efficiency and transparency in customs administration, including through
support for the Government of Ecuador's ongoing efforts to digitize its
customs process and accept electronic documents required for the import,
export, and transit of goods under specific international standards, as
well as related training to expedite customs, security, efficiency, and
competitiveness;
(6) spurring digital transformation that would advance--
(A) the provision of digitized government services with the
greatest potential to improve transparency, lower business
costs, and expand citizens' access to public services and public
information; and
(B) best practices to mitigate the risks to digital
infrastructure by doing business with communication networks and
communications supply chains with equipment and services from
companies with close ties to or susceptible to pressure from
governments or security services without reliable legal checks
on governmental powers; and
(7) identifying, as appropriate, a role for the United States
International Development Finance Corporation, the Millennium Challenge
Corporation, the United States Agency for International Development, and
the United States private sector in supporting efforts to increase
private sector investment and strengthen economic prosperity.
SEC. 5544. PROMOTING INCLUSIVE ECONOMIC DEVELOPMENT.
The Administrator of the United States Agency for International Development,
in coordination with the Secretary of State and the heads of other relevant
Federal departments and agencies, as appropriate, shall develop and implement a
strategy and related programs to support inclusive economic development across
Ecuador's national territory by--
(1) facilitating increased access to public and private financing,
equity investments, grants, and market analysis for small and medium-
sized businesses;
(2) providing technical assistance to local governments to formulate
and enact local development plans that invest in Indigenous and Afro-
Ecuadorian communities;
(3) connecting rural agricultural networks, including Indigenous and
Afro-Ecuadorian agricultural networks, to consumers in urban centers and
export markets, including through infrastructure construction and
maintenance programs that are subject to audits and carefully designed
to minimize potential environmental harm;
(4) partnering with local governments, the private sector, and local
civil society organizations, including organizations representing
marginalized communities and faith-based organizations, to provide
skills training and investment in support of initiatives that provide
economically viable, legal alternatives to participating in illegal
economies; and
(5) connecting small scale fishing enterprises to consumers and
export markets, in order to reduce vulnerability to organized criminal
networks.
SEC. 5545. COMBATING ILLICIT ECONOMIES, CORRUPTION, AND NEGATIVE FOREIGN
INFLUENCE.
The Secretary of State, in coordination with the Secretary of the Treasury,
shall develop and implement a strategy and related programs to increase the
capacity of Ecuador's justice system and law enforcement authorities to combat
illicit economies, corruption, transnational criminal organizations, and the
harmful influence of malign foreign and domestic actors by--
(1) providing technical assistance and material support (including,
as appropriate, radars, vessels, and communications equipment) to vetted
specialized units of Ecuador's national police and the armed services to
disrupt, degrade, and dismantle organizations involved in illicit
narcotics trafficking, transnational criminal activities, illicit
mining, and illegal, unregulated, and unreported fishing, among other
illicit activities;
(2) providing technical assistance to address challenges related to
Ecuador's penitentiary and corrections system;
(3) strengthening the regulatory framework of mining through
collaboration with key Ecuadorian institutions, such as the Interior
Ministry's Special Commission for the Control of Illegal Mining and the
National Police's Investigative Unit on Mining Crimes, and providing
technical assistance in support of their law enforcement activities;
(4) providing technical assistance to judges, prosecutors, and
ombudsmen to increase capacity to enforce laws against human smuggling
and trafficking, illicit mining, illegal logging, illegal, unregulated,
and unreported (IUU) fishing, and other illicit economic activities;
(5) providing support to the Government of Ecuador to prevent
illegal, unreported, and unregulated fishing, including through
expanding detection and response capabilities, and the use of dark
vessel tracing technology;
(6) supporting multilateral efforts to stem illegal, unreported, and
unregulated fishing with neighboring countries in South America and
within the South Pacific Regional Fisheries Management Organisation;
(7) assisting the Government of Ecuador's efforts to protect
defenders of internationally recognized human rights, including through
the work of the Office of the Ombudsman of Ecuador, and by encouraging
the inclusion of Indigenous and Afro-Ecuadorian communities and civil
society organizations in this process;
(8) supporting efforts to improve transparency, uphold
accountability, and build capacity within the Office of the Comptroller
General;
(9) enhancing the institutional capacity and technical capabilities
of defense and security institutions of Ecuador to conduct national or
regional security missions, including through regular bilateral and
multilateral cooperation, foreign military financing, international
military education, and training programs, consistent with applicable
Ecuadorian laws and regulations;
(10) enhancing port management and maritime security partnerships to
disrupt, degrade, and dismantle transnational criminal networks and
facilitate the legitimate flow of people, goods, and services; and
(11) strengthening cybersecurity cooperation--
(A) to effectively respond to cybersecurity threats,
including state-sponsored threats;
(B) to share best practices to combat such threats;
(C) to help develop and implement information architectures
that respect individual privacy rights and reduce the risk that
data collected through such systems will be exploited by malign
state and non-state actors;
(D) to strengthen resilience against cyberattacks; and
(E) to strengthen the resilience of critical infrastructure.
SEC. 5546. STRENGTHENING DEMOCRATIC GOVERNANCE.
(a) Strengthening Democratic Governance.--The Secretary of State, in
coordination with the Administrator of the United States Agency for
International Development, should develop and implement initiatives to
strengthen democratic governance in Ecuador by supporting--
(1) measures to improve the capacity of national and subnational
government institutions to govern through transparent, inclusive, and
democratic processes;
(2) efforts that measurably enhance the capacity of political actors
and parties to strengthen democratic institutions and the rule of law;
(3) initiatives to strengthen democratic governance, including
combating political, administrative, and judicial corruption and
improving transparency of the administration of public budgets; and
(4) the efforts of civil society organizations and independent
media--
(A) to conduct oversight of the Government of Ecuador and
the National Assembly of Ecuador;
(B) to promote initiatives that strengthen democratic
governance, anti-corruption standards, and public and private
sector transparency; and
(C) to foster political engagement between the Government of
Ecuador, including the National Assembly of Ecuador, and all
parts of Ecuadorian society, including women, indigenous
communities, and Afro-Ecuadorian communities.
(b) Legislative Strengthening.--The Administrator of the United States
Agency for International Development, working through the Consortium for
Elections and Political Process Strengthening or any equivalent or successor
mechanism, shall develop and implement programs to strengthen the National
Assembly of Ecuador by providing training and technical assistance to--
(1) members and committee offices of the National Assembly of
Ecuador, including the Ethics Committee and Audit Committee;
(2) assist in the creation of entities that can offer comprehensive
and independent research and analysis on legislative and oversight
matters pending before the National Assembly, including budgetary and
economic issues; and
(3) improve democratic governance and government transparency,
including through effective legislation.
(c) Bilateral Legislative Cooperation.--To the degree practicable, in
implementing the programs required under subsection (b), the Administrator of
the United States Agency for International Development should facilitate
meetings and collaboration between members of the United States Congress and the
National Assembly of Ecuador.
SEC. 5547. FOSTERING CONSERVATION AND STEWARDSHIP.
The Administrator of the United States Agency for International Development,
in coordination with the Secretary of State and the heads of other relevant
Federal departments and agencies, shall develop and implement programs and
enhance existing programs, as necessary and appropriate, to improve ecosystem
conservation and enhance the effective stewardship of Ecuador's natural
resources by--
(1) providing technical assistance to Ecuador's Ministry of the
Environment to safeguard national parks and protected forests and
protected species, while promoting the participation of Indigenous
communities in this process;
(2) strengthening the capacity of communities to access the right to
prior consultation, encoded in Article 57 of the Constitution of Ecuador
and related laws, executive decrees, administrative acts, and
ministerial regulations;
(3) supporting Indigenous and Afro-Ecuadorian communities as they
raise awareness of threats to biodiverse ancestral lands, including
through support for local media in such communities and technical
assistance to monitor illicit activities;
(4) partnering with the Government of Ecuador in support of
reforestation and improving river, lake, and coastal water quality;
(5) providing assistance to communities affected by illegal mining
and deforestation; and
(6) fostering mechanisms for cooperation on emergency preparedness
and rapid recovery from natural disasters, including by--
(A) establishing regional preparedness, recovery, and
emergency management centers to facilitate rapid response to
survey and help maintain planning on regional disaster
anticipated needs and possible resources; and
(B) training disaster recovery officials on latest
techniques and lessons learned from United States experiences.
SEC. 5548. AUTHORIZATION TO TRANSFER EXCESS COAST GUARD VESSELS.
(a) Sense of Congress.--It is the sense of Congress that the United States
should undertake efforts to expand cooperation with the Government of Ecuador
to--
(1) ensure protections for the Galapagos Marine Reserve;
(2) deter illegal, unreported, and unregulated fishing; and
(3) increase interdiction of narcotics trafficking and other forms
of illicit trafficking.
(b) Authority to Transfer Excess Coast Guard Vessels to the Government of
Ecuador.--The President shall conduct a joint assessment with the Government of
Ecuador to ensure sufficient capacity exists to maintain Island class cutters.
Upon completion of a favorable assessment, the President is authorized to
transfer up to two ISLAND class cutters to the Government of Ecuador as excess
defense articles pursuant to the authority of section 516 of the Foreign
Assistance Act (22 U.S.C. 2321j).
(c) Grants Not Counted in Annual Total of Transferred Excess Defense
Articles.--The value of a vessel transferred to another country on a grant basis
pursuant to authority provided by subsection (b) shall not be counted against
the aggregate value of excess defense articles transferred in any fiscal year
under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(d) Costs of Transfers.--Any expense incurred by the United States in
connection with a transfer authorized by this section shall be charged to the
recipient notwithstanding section 516(e) of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j(e)).
(e) Repair and Refurbishment in United States Shipyards.--To the maximum
extent practicable, the President shall require, as a condition of the transfer
of a vessel under this section, that the recipient to which the vessel is
transferred have such repair or refurbishment of the vessel as is needed, before
the vessel joins the naval forces of that recipient, performed at a shipyard
located in the United States.
(f) Expiration of Authority.--The authority to transfer a vessel under this
section shall expire at the end of the 3-year period beginning on the date of
the enactment of this Act.
SEC. 5549. REPORTING REQUIREMENTS.
(a) Secretary of State.--The Secretary of State, in coordination with the
heads of other relevant Federal departments and agencies as described in
sections 5543, 5545, and 5546(a), shall--
(1) not later than 180 days after the date of the enactment of this
Act, submit to the appropriate congressional committees a comprehensive
strategy to address the requirements described in sections 5543, 5545,
and 5546(a); and
(2) not later than 2 years and 4 years after submitting the
comprehensive strategy under paragraph (1), submit to the appropriate
congressional committees a report describing the implementation of the
strategy.
(b) Administrator of the United States Agency for International
Development.--The Administrator of the United States Agency for International
Development, in coordination with the heads of other relevant Federal
departments and agencies as described in sections 5544, 5546(b), and 5547,
shall--
(1) not later than 180 days after the date of the enactment of this
Act, submit to appropriate congressional committees a comprehensive
strategy to address the requirements described in sections 5544, 5546(b)
and 5547; and
(2) not later than 2 years and 4 years after submitting the
comprehensive strategy under paragraph (1), submit to the appropriate
congressional committees a report describing the implementation of the
strategy.
(c) Submission.--The strategies and reports required under subsections (a)
and (b) may be submitted to the appropriate congressional committees as joint
strategies and reports.
(d) Appropriate Congressional Committees.--In this subtitle, the term
``appropriate congressional committees'' means the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs and the Committee
on Energy and Commerce of the House of Representatives.
SEC. 5550. SUNSET.
This subtitle shall terminate on the date that is 5 years after the date of
the enactment of this Act.
Subtitle C--FENTANYL Results Act
SEC. 5551. SHORT TITLE.
This subtitle may be cited as the ``Fighting Emerging Narcotics Through
Additional Nations to Yield Lasting Results Act'' or the ``FENTANYL Results
Act''.
SEC. 5552. PRIORITIZATION OF EFFORTS OF THE DEPARTMENT OF STATE TO COMBAT
INTERNATIONAL TRAFFICKING IN COVERED SYNTHETIC DRUGS.
(a) In General.--The Secretary of State shall prioritize efforts of the
Department of State to combat international trafficking of covered synthetic
drugs by carrying out programs and activities to include the following:
(1) Supporting increased data collection by the United States and
foreign countries through increased drug use surveys among populations,
increased use of wastewater testing where appropriate, and multilateral
sharing of that data.
(2) Engaging in increased consultation and partnership with
international drug agencies, including the European Monitoring Centre
for Drugs and Drug Addiction, regulatory agencies in foreign countries,
and the United Nations Office on Drugs and Crime.
(3) Carrying out programs to provide technical assistance and
equipment, as appropriate, to strengthen the capacity of foreign law
enforcement agencies with respect to covered synthetic drugs, as
required by section 5553.
(4) Carrying out exchange programs for governmental and
nongovernmental personnel in the United States and in foreign countries
to provide educational and professional development on demand reduction
matters relating to the illicit use of covered synthetic drugs and other
drugs, as required by section 5554.
(b) Report.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report on the implementation of
this section.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Appropriations, and the Committee on the Judiciary of the
Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Appropriations, and the Committee on the Judiciary of the House
of Representatives.
SEC. 5553. PROGRAM TO PROVIDE ASSISTANCE TO BUILD THE CAPACITY OF FOREIGN LAW
ENFORCEMENT AGENCIES WITH RESPECT TO COVERED SYNTHETIC DRUGS.
(a) In General.--Notwithstanding section 660 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2420), the Secretary of State shall establish a program to
provide assistance to strengthen the capacity of law enforcement agencies of the
countries described in subsection (c) to help such agencies to identify, track,
and improve their forensics detection capabilities with respect to covered
synthetic drugs.
(b) Priority.--The Secretary of State shall prioritize technical assistance,
and the provision of equipment, as appropriate, under subsection (a) among those
countries described in subsection (c) in which such assistance and equipment
would have the most impact in reducing illicit use of covered synthetic drugs in
the United States.
(c) Countries Described.--The foreign countries described in this subsection
are--
(1) countries that are producers of covered synthetic drugs;
(2) countries whose pharmaceutical and chemical industries are known
to be exploited for development or procurement of precursors of covered
synthetic drugs; or
(3) major drug-transit countries for covered synthetic drugs as
defined by the Secretary of State.
(d) Exception.--No assistance may be provided to the People's Republic of
China or to any of its law enforcement agencies pursuant to the program
authorized by this section.
(e) Authorization of Appropriations.--There is authorized to be appropriated
to the Secretary of State to carry out this section $4,000,000 for each of
fiscal years 2023 through 2027.
SEC. 5554. EXCHANGE PROGRAM ON DEMAND REDUCTION MATTERS RELATING TO ILLICIT USE
OF COVERED SYNTHETIC DRUGS.
(a) In General.--The Secretary of State shall establish or continue and
strengthen, as appropriate, an exchange program for governmental and
nongovernmental personnel in the United States and in foreign countries to
provide educational and professional development on demand reduction matters
relating to the illicit use of covered synthetic drugs and other drugs.
(b) Program Requirements.--The program required by subsection (a)--
(1) shall be limited to individuals who have expertise and
experience in matters described in subsection (a);
(2) in the case of inbound exchanges, may be carried out as part of
exchange programs and international visitor programs administered by the
Bureau of Educational and Cultural Affairs of the Department of State,
including the International Visitor Leadership Program, in coordination
with the Bureau of International Narcotics and Law Enforcement Affairs;
and
(3) shall include outbound exchanges for governmental or
nongovernmental personnel in the United States.
(c) Authorization of Appropriations.--There is authorized to be appropriated
to the Secretary of State to carry out this section $1,000,000 for each of
fiscal years 2023 through 2027.
SEC. 5555. AMENDMENTS TO INTERNATIONAL NARCOTICS CONTROL PROGRAM.
(a) International Narcotics Control Strategy Report.--Section 489(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)) is amended--
(1) by redesignating the second paragraph (10) as paragraph (11);
and
(2) by adding at the end the following:
``(12) Covered synthetic drugs and new psychoactive substances.--
``(A) Covered synthetic drugs.--Information that contains an
assessment of the countries significantly involved in the
manufacture, production, transshipment, or trafficking of
covered synthetic drugs, to include the following:
``(i) The scale of legal domestic production and any
available information on the number of manufacturers and
producers of such drugs in such countries.
``(ii) Information on any law enforcement
assessments of the scale of illegal production of such
drugs, including a description of the capacity of
illegal laboratories to produce such drugs.
``(iii) The types of inputs used and a description
of the primary methods of synthesis employed by illegal
producers of such drugs.
``(iv) An assessment of the policies of such
countries to regulate licit manufacture and interdict
illicit manufacture, diversion, distribution, shipment,
and trafficking of such drugs and an assessment of the
effectiveness of the policies' implementation.
``(B) New psychoactive substances.--Information on, to the
extent practicable, any policies of responding to new
psychoactive substances, to include the following:
``(i) Which governments have articulated policies on
scheduling of such substances.
``(ii) Any data on impacts of such policies and
other responses to such substances.
``(iii) An assessment of any policies the United
States could adopt to improve its response to new
psychoactive substances.
``(C) Definitions.--In this paragraph, the terms `covered
synthetic drug' and `new psychoactive substance' have the
meaning given those terms in section 5558 of the FENTANYL
Results Act.''.
(b) Definition of Major Illicit Drug Producing Country.--Section 481(e) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (C), by striking ``; or'' and inserting
a semicolon;
(B) in subparagraph (D), by striking the semicolon at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(E) that is a significant direct source of covered
synthetic drugs or psychotropic drugs or other controlled
substances, including precursor chemicals when those chemicals
are used in the production of such drugs and substances,
significantly affecting the United States;'';
(2) by amending paragraph (5) to read as follows:
``(5) the term `major drug-transit country' means a country through
which are transported covered synthetic drugs or psychotropic drugs or
other controlled substances significantly affecting the United
States;'';
(3) in paragraph (7), by striking ``; and'' and inserting a
semicolon;
(4) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following:
``(9) the term `covered synthetic drug' has the meaning given that
term in section 5558 of the FENTANYL Results Act.''.
SEC. 5556. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the President should direct the United States Representative to
the United Nations to use the voice, vote, and influence of the United
States at the United Nations to advocate for more transparent
assessments of countries by the International Narcotics Control Board;
and
(2) bilateral, plurilateral, and multilateral international
cooperation is essential to combating the trafficking of covered
synthetic drugs.
SEC. 5557. RULE OF CONSTRUCTION.
Nothing in this subtitle or the amendments made by this subtitle shall be
construed to affect the prioritization of extradition requests.
SEC. 5558. DEFINITIONS.
In this subtitle:
(1) Controlled substance; controlled substance analogue.--The terms
``controlled substance'' and ``controlled substance analogue'' have the
meanings given those terms in section 102 of the Controlled Substances
Act (21 U.S.C. 802).
(2) Covered synthetic drug.--The term ``covered synthetic drug''
means--
(A) a synthetic controlled substance or synthetic controlled
substance analogue, including fentanyl or a fentanyl analogue;
or
(B) a new psychoactive substance.
(3) New psychoactive substance.--The term ``new psychoactive
substance'' means a substance of abuse, or any preparation thereof,
that--
(A) is not--
(i) included in any schedule as a controlled
substance under the Controlled Substances Act (21 U.S.C.
801 et seq.); or
(ii) controlled by the Single Convention on Narcotic
Drugs, done at New York March 30, 1961, or the
Convention on Psychotropic Substances, done at Vienna
February 21, 1971;
(B) is new or has reemerged on the illicit market; and
(C) poses a threat to the public health and safety.
Subtitle D--International Pandemic Preparedness
SEC. 5559. SHORT TITLE.
This subtitle may be cited as the ``Global Health Security and International
Pandemic Prevention, Preparedness and Response Act of 2022''.
SEC. 5560. DEFINITIONS.
In this subtitle:
(1) The term ``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) The terms ``Global Health Security Agenda'' and ``GHSA'' mean
the multi-sectoral initiative launched in 2014, and renewed in 2018,
that brings together countries, regions, international organizations,
nongovernmental organizations, and the private sector--
(A) to elevate global health security as a national-level
priority;
(B) to share best practices; and
(C) to facilitate national capacity to comply with and
adhere to--
(i) the International Health Regulations (2005);
(ii) the international standards and guidelines
established by the World Organisation for Animal Health;
(iii) United Nations Security Council Resolution
1540 (2004);
(iv) the Convention on the Prohibition of the
Development, Production and Stockpiling of
Bacteriological and Toxin Weapons and on their
Destruction, done at Washington, London, and Moscow,
April 10, 1972 (commonly referred to as the ``Biological
Weapons Convention'');
(v) the Global Health Security Agenda 2024
Framework; and
(vi) other relevant frameworks that contribute to
global health security.
(3) The term ``Global Health Security Index'' means the
comprehensive assessment and benchmarking of health security and related
capabilities across the countries that make up the States Parties to the
International Health Regulations (2005).
(4) The term ``Global Health Security Initiative'' means the
informal network of countries and organizations that came together in
2001, to undertake concerted global action to strengthen public health
preparedness and response to chemical, biological, radiological, and
nuclear threats, including pandemic influenza.
(5) The term ``IHR (2005) Monitoring and Evaluation Framework''
means the framework through which the World Health Organization and the
State Parties to the International Health Regulations, as amended in
2005, review, measure, and assess core country public health capacities
and ensure mutual accountability for global health security under the
International Health Regulations (2005), including through the Joint
External Evaluations, simulation exercises, and after-action reviews.
(6) The term ``Joint External Evaluation'' means the voluntary,
collaborative, multi-sectoral process facilitated by the World Health
Organization--
(A) to assess country capacity to prevent, detect, and
rapidly respond to public health risks occurring naturally or
due to deliberate or accidental events;
(B) to assess progress in achieving the targets under the
International Health Regulations (2005); and
(C) to recommend priority actions.
(7) The term ``key stakeholders'' means actors engaged in efforts to
advance global health security programs and objectives, including--
(A) national and local governments in partner countries;
(B) other bilateral donors;
(C) international, regional, and local organizations,
including private, voluntary, nongovernmental, and civil society
organizations, including faith-based and indigenous
organizations;
(D) international, regional, and local financial
institutions;
(E) representatives of historically marginalized groups,
including women, youth, and indigenous peoples;
(F) the private sector, including medical device,
technology, pharmaceutical, manufacturing, logistics, and other
relevant companies; and
(G) public and private research and academic institutions.
(8) The term ``One Health approach'' means the collaborative, multi-
sectoral, and transdisciplinary approach toward achieving optimal health
outcomes in a manner that recognizes the interconnection between people,
animals, plants, and their shared environment.
(9) The term ``pandemic preparedness'' refers to the actions taken
to establish and sustain the capacity and capabilities necessary to
rapidly identify, prevent, protect against, and respond to the
emergence, reemergence, and spread of pathogens of pandemic potential.
(10) The term ``partner country'' means a foreign country in which
the relevant Federal departments and agencies are implementing United
States foreign assistance for global health security and pandemic
prevention, preparedness, and response under this subtitle.
(11) The term ``relevant Federal departments and agencies'' means
any Federal department or agency implementing United States policies and
programs relevant to the advancement of United States global health
security and diplomacy overseas, which may include--
(A) the Department of State;
(B) the United States Agency for International Development;
(C) the Department of Health and Human Services;
(D) the Department of Defense;
(E) the Defense Threat Reduction Agency;
(F) the Millennium Challenge Corporation;
(G) the Development Finance Corporation;
(H) the Peace Corps; and
(I) any other department or agency that the President
determines to be relevant for these purposes.
(12) The term ``resilience'' means the ability of people,
households, communities, systems, institutions, countries, and regions
to reduce, mitigate, withstand, adapt to, and quickly recover from
shocks and stresses in a manner that reduces chronic vulnerability to
the emergence, reemergence, and spread of pathogens of pandemic
potential and facilitates inclusive growth.
(13) The terms ``respond'' and ``response'' mean the actions taken
to counter an infectious disease.
(14) The term ``USAID'' means the United States Agency for
International Development.
SEC. 5561. ENHANCING THE UNITED STATES' INTERNATIONAL RESPONSE TO PANDEMICS.
(a) Leveraging United States Bilateral Global Health Programs for
International Pandemic Response.--Subject to the notification requirements under
section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1), amounts
authorized to be appropriated or otherwise made available to carry out section
104 of the Foreign Assistance Act (22 U.S.C. 2151b) may be used in countries
receiving such United States foreign assistance for the purpose of--
(1) strengthening vaccine readiness;
(2) reducing vaccine hesitancy;
(3) delivering and administering vaccines;
(4) strengthening health systems and global supply chains as
necessary for global health security and pandemic preparedness,
prevention, and response;
(5) supporting global health workforce planning, training, and
management for pandemic preparedness, prevention, and response;
(6) enhancing transparency, quality, and reliability of public
health data;
(7) increasing bidirectional testing, including screening for
symptomatic and asymptomatic cases; and
(8) building laboratory capacity.
(b) Roles of the Department of State, USAID, and the Department of Health
and Human Services in International Pandemic Response.--
(1) Finding.--Congress finds that different outbreaks of infectious
disease threats may require flexibility and changes to the designated
roles and responsibilities of relevant Federal departments and agencies.
(2) Lead agencies for coordination of the united states'
international response to infectious disease outbreaks with severe or
pandemic potential.--The President shall identify the relevant Federal
departments and agencies, including the Department of State, USAID, and
the Department of Health and Human Services (including the Centers for
Disease Control and Prevention), leading specific aspects of the United
States international operational response to outbreaks of emerging high-
consequence infectious disease threats in accordance with federal law.
(3) Notification.--Not later than 120 days after the date of the
enactment of this Act, and regularly thereafter as appropriate, the
President shall notify the appropriate congressional committees, the
Committee on Health, Education, Labor, and Pensions of the Senate, and
the Committee on Energy and Commerce of the House of Representatives of
the roles and responsibilities of each relevant Federal department and
agency with respect to the international operational response to the
outbreak of an emerging high-consequence infectious disease threat.
(c) USAID Disaster Surge Capacity.--
(1) Disaster surge capacity.--The Administrator of the USAID is
authorized to expend funds made available to carry out part I and
chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 and 2346), including funds made available for ``Assistance for
Europe, Eurasia and Central Asia'', in addition to amounts otherwise
made available for such purposes, for the cost (including support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs to address global health
emergencies and natural or manmade disasters.
(2) Notification.--Not later than 15 days before making funds
available to address manmade disasters pursuant to paragraph (1), the
Secretary of State or the Administrator of the USAID shall notify the
appropriate congressional committees of such intended action.
SEC. 5562. INTERNATIONAL PANDEMIC PREVENTION AND PREPAREDNESS.
(a) United States International Activities To Advance Global Health Security
and Diplomacy Strategy and Report.--
(1) In general.--The President shall develop, update, maintain, and
advance a comprehensive strategy for improving United States global
health security and diplomacy for pandemic prevention, preparedness, and
response which, consistent with the purposes of this subtitle, shall--
(A) clearly articulate United States policy goals related to
pandemic prevention, preparedness, and response, including
through actions to strengthen diplomatic leadership and the
effectiveness of United States foreign policy and international
preparedness assistance for global health security through
advancement of a One Health approach, the Global Health Security
Agenda, the International Health Regulations (2005), and other
relevant frameworks that contribute to pandemic prevention and
preparedness;
(B) establish specific and measurable goals, benchmarks,
timetables, performance metrics, and monitoring and evaluation
plans for United States foreign policy and assistance for global
health security that promote learning and adaptation and reflect
international best practices relating to global health security,
transparency, and accountability;
(C) establish transparent mechanisms to improve coordination
and avoid duplication of effort between and among the relevant
Federal departments and agencies, partner countries, donor
countries, the private sector, multilateral organizations, and
other key stakeholders;
(D) prioritize working with partner countries with--
(i) demonstrated need, as identified through the
Joint External Evaluation process, the Global Health
Security Index classification of health systems,
national action plans for health security, Global Health
Security Agenda, other risk-based assessments, and
complementary or successor indicators of global health
security and pandemic preparedness; and
(ii) demonstrated commitment to transparency,
including budget and global health data transparency,
complying with the International Health Regulations
(2005), investing in domestic health systems, and
achieving measurable results;
(E) reduce long-term reliance upon United States foreign
assistance for global health security by--
(i) ensuring that United States global health
assistance authorized under this subtitle is
strategically planned and coordinated in a manner that
delivers immediate impact and contributes to enduring
results, including through efforts to enhance community
capacity and resilience to infectious disease threats
and emergencies; and
(ii) ensuring partner country ownership of global
health security strategies, data, programs, and outcomes
and improved domestic resource mobilization, co-
financing, and appropriate national budget allocations
for global health security and pandemic prevention,
preparedness, and response;
(F) assist partner countries in building the technical
capacity of relevant ministries, systems, and networks to
prepare, execute, monitor, and evaluate national action plans
for global health security and pandemic prevention,
preparedness, and response that are developed with input from
key stakeholders, including mechanism to enhance budget and
global health data transparency, as necessary and appropriate;
(G) support and align United States foreign assistance
authorized under this subtitle with such national action plans
for health security and pandemic prevention, preparedness, and
response, as appropriate;
(H) facilitate communication and collaboration, as
appropriate, among local stakeholders in support of country-led
strategies and initiatives to better identify and prevent health
impacts related to the emergence, reemergence, and spread of
zoonoses;
(I) support the long-term success of programs by building
the pandemic preparedness capacity of local organizations and
institutions in target countries and communities;
(J) develop community resilience to infectious disease
threats and emergencies;
(K) support global health budget and workforce planning in
partner countries, consistent with the purposes of this
subtitle, including training in financial management and budget
and global health data transparency;
(L) strengthen linkages between complementary bilateral and
multilateral foreign assistance programs, including efforts of
the World Bank, the World Health Organization, the Global Fund
to Fight AIDS, Tuberculosis, and Malaria, and Gavi, the Vaccine
Alliance, that contribute to the development of more resilient
health systems and global supply chains for global health
security and pandemic prevention, preparedness, and response in
partner countries with the capacity, resources, and personnel
required to prevent, detect, and respond to infectious disease
threats; and
(M) support innovation and partnerships with the private
sector, health organizations, civil society, nongovernmental,
faith-based and indigenous organizations, and health research
and academic institutions to improve pandemic prevention,
preparedness, and response, including for the development and
deployment of effective and accessible infectious disease
tracking tools, diagnostics, therapeutics, and vaccines.
(2) Submission of strategy.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the President, in consultation with
the heads of the relevant Federal departments and agencies,
shall submit the strategy required under paragraph (1) to--
(i) the appropriate congressional committees;
(ii) the Committee on Health, Education, Labor, and
Pensions of the Senate; and
(iii) the Committee on Energy and Commerce of the
House of Representatives.
(B) Agency-specific plans.--The strategy required under
paragraph (1) shall include specific implementation plans from
each relevant Federal department and agency that describe--
(i) the anticipated contributions of the Federal
department or agency, including technical, financial,
and in-kind contributions, to implement the strategy;
and
(ii) the efforts of the Federal department or agency
to ensure that the activities and programs carried out
pursuant to the strategy are designed to achieve maximum
impact and long-term sustainability.
(3) Annual report.--
(A) In general.--Not later than 1 year after the submission
of the strategy pursuant to paragraph (2)(A), and not later than
October 1 of each year thereafter, the President shall submit to
the committees listed in such paragraph a report that describes
the status of the implementation of such strategy.
(B) Contents.--Each report submitted pursuant to
subparagraph (A) shall--
(i) identify any substantial changes made to the
strategy during the preceding calendar year;
(ii) describe the progress made in implementing the
strategy, including specific information related to the
progress toward improving countries' ability to detect,
prevent, and respond to infectious disease threats;
(iii) identify--
(I) the indicators used to establish
benchmarks and measure results over time; and
(II) the mechanisms for reporting such
results in an open and transparent manner;
(iv) contain a transparent, open, and detailed
accounting of obligations by relevant Federal
departments and agencies to implement the strategy,
including, to the extent practicable, for each such
Federal department and agency, the statutory source of
obligated funds, the amounts obligated, implementing
partners and sub-partners, targeted beneficiaries, and
activities supported;
(v) the efforts of the relevant Federal department
or agency to ensure that the activities and programs
carried out pursuant to the strategy are designed to
achieve maximum impact and enduring results, including
through specific activities to strengthen health systems
for global health security and pandemic prevention,
preparedness, and response, as appropriate;
(vi) assess efforts to coordinate United States
global health security programs, activities, and
initiatives with key stakeholders;
(vii) incorporate a plan for regularly reviewing and
updating strategies, partnerships, and programs and
sharing lessons learned with a wide range of
stakeholders in an open, transparent manner; and
(viii) describe the progress achieved and challenges
concerning the United States Government's ability to
advance the Global Health Security Agenda and pandemic
preparedness, including data disaggregated by priority
country using indicators that are consistent on a year-
to-year basis and recommendations to resolve, mitigate,
or otherwise address the challenges identified through
such indicators.
(C) Form.--The strategy and reports required under this
subsection shall be submitted in unclassified form, but may
contain a classified annex.
(b) United States Coordinator for Global Health Security.--The President
shall designate an appropriate senior official to be the United States
Coordinator for Global Health Security, who shall be responsible for the
coordination of the Global Health Security Agenda Interagency Review Council and
who should--
(1) have significant background and expertise in public health,
health security, and emergency response management;
(2) coordinate, through a whole-of-government approach, the efforts
of relevant Federal departments and agencies to implement the strategy
under subsection (a); and
(3) seek to fully use the unique capabilities of each relevant
Federal department and agency and ensure effective and appropriate
United States representation at relevant international forums, while
collaborating with and leveraging the contributions of other key
stakeholders.
(c) Ambassador-At-Large for Global Health Security and Diplomacy.--
(1) Establishment.--There is established, within the Department of
State, the position of Ambassador-At-Large for Global Health Security
and Diplomacy (referred to in this section as the ``Ambassador-At-
Large'').
(2) Appointment; qualifications.--The Ambassador-At-Large--
(A) shall be appointed by the President, by and with the
advice and consent of the Senate;
(B) shall report to the Secretary of State; and
(C) shall have--
(i) demonstrated knowledge and experience in the
field of health security, development, public health,
epidemiology, or medicine; and
(ii) relevant diplomatic, policy, and political
expertise.
(3) Authorities.--The Ambassador-At-Large may--
(A) operate internationally to carry out the purposes of
this section;
(B) ensure effective coordination, management, and oversight
of United States foreign policy, diplomatic efforts, and foreign
assistance funded with amounts authorized to be appropriated
pursuant to section 5564(a) that are used by the Department of
State to advance the relevant elements of the United States
global health security and diplomacy strategy developed pursuant
to subsection (a) by--
(i) developing and updating, as appropriate, in
collaboration with the Administrator of the USAID and
the Secretary of Health and Human Services, related
policy guidance and unified auditing, monitoring, and
evaluation plans;
(ii) avoiding duplication of effort and
collaborating with other relevant Federal departments
and agencies;
(iii) leading, in collaboration with the Secretary
of Health and Human Services, the Administrator of the
USAID, and other relevant Federal departments and
agencies, diplomatic efforts to identify and address
current and emerging threats to global health security;
(iv) working to enhance coordination with, and
transparency among, the governments of partner countries
and key stakeholders, including the private sector;
(v) promoting greater donor and national investment
in partner countries to build health systems and supply
chains for global health security and pandemic
prevention and preparedness;
(vi) securing bilateral and multilateral financing
commitments to advance the Global Health Security
Agenda, in coordination with relevant Federal
departments and agencies, including through funding for
the Financial Intermediary Fund for Pandemic Prevention,
Preparedness, and Response; and
(vii) providing regular updates to the appropriate
congressional committees, the Committee on Health,
Education, Labor, and Pensions of the Senate, and the
Committee on Energy and Commerce of the House of
Representatives regarding the fulfillment of the
activities described in this paragraph;
(C) ensure, in collaboration with the Secretary of the
Treasury, the Secretary of Health and Human Services, and the
Administrator of the USAID, effective representation of the
United States in the Financial Intermediary Fund for Pandemic
Prevention, Preparedness, and Response;
(D) use detailees, on a reimbursable or nonreimbursable
basis, from relevant Federal departments and agencies and hire
personal service contractors, who may operate domestically and
internationally, to ensure that the Ambassador-At-Large has
access to the highest quality experts available to the United
States Government to carry out the functions under this
subtitle; and
(E) perform such other functions as the Secretary of State
may assign.
(d) Strengthening Health Systems for Global Health Security and Pandemic
Prevention and Preparedness.--
(1) Statement of policy.--It is the policy of the United States to
ensure that bilateral global health assistance programs are effectively
managed and coordinated, as necessary and appropriate to achieve the
purposes of this subtitle, to contribute to the strengthening of health
systems for global health security and pandemic prevention,
preparedness, and response in each country in which such programs are
carried out.
(2) Coordination.--The Administrator of the USAID shall work with
the Global Malaria Coordinator, the Coordinator of United States
Government Activities to Combat HIV/AIDS Globally, the Ambassador-at-
Large for Global Health Security and Diplomacy at the Department of
State, and the Secretary of Health and Human Services, to identify areas
of collaboration and coordination in countries with global health
programs and activities undertaken by the USAID pursuant to the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (Public Law 108-25) and other relevant provisions of law, to ensure
that such activities contribute to the strengthening of health systems
for global health security and pandemic prevention and preparedness.
(e) Coordination for International Pandemic Early Warning Network.--
(1) Sense of congress.--It is the sense of Congress that the
Secretary of Health and Human Services, in coordination with the
Secretary of State, the USAID Administrator, the Director of the Centers
for Disease Control and Prevention, and the heads of the other relevant
Federal departments and agencies, should work with the World Health
Organization and other key stakeholders to establish or strengthen
effective early warning systems, at the partner country, regional, and
international levels, that utilize innovative information and analytical
tools and robust review processes to track, document, analyze, and
forecast infectious disease threats with epidemic and pandemic
potential.
(2) Report.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter for the following 4 years, the
Secretary of Health and Human Services, in coordination with the
Secretary of State and the heads of the other relevant Federal
departments and agencies, shall submit a report to the appropriate
congressional committees, the Committee on Health, Education, Labor, and
Pensions of the Senate, and the Committee on Energy and Commerce of the
House of Representatives that describes United States Government efforts
and opportunities to establish or strengthen effective early warning
systems to detect infectious disease threats internationally.
(f) International Emergency Operations.--
(1) Sense of congress.--It is the sense of Congress that it is
essential to enhance the capacity of key stakeholders to effectively
operationalize early warning and execute multi-sectoral emergency
operations during an infectious disease outbreak, particularly in
countries and areas that deliberately withhold critical global health
data and delay access during an infectious disease outbreak, in advance
of the next infectious disease outbreak with pandemic potential.
(2) Public health emergencies of international concern.--The
Secretary of Health and Human Services, in coordination with the
Secretary of State, should work with the World Health Organization and
like-minded member states to adopt an approach toward assessing
infectious disease threats under the International Health Regulations
(2005) for the World Health Organization to identify and transparently
communicate, on an ongoing basis, varying levels of risk leading up to a
declaration by the Director General of the World Health Organization of
a Public Health Emergency of International Concern for the duration and
in the aftermath of such declaration.
(3) Emergency operations.--The Secretary of Health and Human
Services, in coordination with the Secretary of State, the Administrator
of the USAID, the Director of the Centers for Disease Control and
Prevention, and the heads of other relevant Federal departments and
agencies and consistent with the requirements under the International
Health Regulations (2005) and the objectives of the World Health
Organization's Health Emergencies Programme, the Global Health Security
Agenda, and national actions plans for health security, should work, in
cooperation with the World Health Organization, with partner countries,
and other key stakeholders, to support the establishment, strengthening,
and rapid response capacity of global health emergency operations
centers, at the partner country and international levels, including
efforts--
(A) to collect and share de-identified public health data,
assess risk, and operationalize early warning;
(B) to secure, including through utilization of stand-by
arrangements and emergency funding mechanisms, the staff,
systems, and resources necessary to execute cross-sectoral
emergency operations during the 48-hour period immediately
following an infectious disease outbreak with pandemic
potential; and
(C) to organize and conduct emergency simulations.
SEC. 5563. FINANCIAL INTERMEDIARY FUND FOR PANDEMIC PREVENTION, PREPAREDNESS,
AND RESPONSE.
(a) In General.--
(1) Finding.--Congress finds that the Financial Intermediary Fund
for Pandemic Prevention, Preparedness, and Response (referred to in this
section as the ``Fund'') was established in September 2022 by donor
countries, relevant United Nations agencies, including the World Health
Organization, and other key multilateral stakeholders as a multilateral,
catalytic financing mechanism for pandemic prevention and preparedness.
(2) Objectives.--The objectives of the Fund are--
(A) closing critical gaps in pandemic prevention and
preparedness; and
(B) working with, and building the capacity of, eligible
partner countries in the areas of global health security,
infectious disease control, and pandemic prevention and
preparedness in order to--
(i) prioritize capacity building and financing
availability in eligible partner countries;
(ii) incentivize countries to prioritize the use of
domestic resources for global health security and
pandemic prevention and preparedness;
(iii) leverage governmental, nongovernmental, and
private sector investments;
(iv) regularly respond to and evaluate progress
based on clear metrics and benchmarks, such as those
developed through the IHR (2005) Monitoring and
Evaluation Framework and the Global Health Security
Index;
(v) align with and complement ongoing bilateral and
multilateral efforts and financing, including through
the World Bank, the World Health Organization, the
Global Fund to Fight AIDS, Tuberculosis, and Malaria,
the Coalition for Epidemic Preparedness and Innovation,
and Gavi, the Vaccine Alliance; and
(vi) help countries accelerate and achieve
compliance with the International Health Regulations
(2005) and fulfill the Global Health Security Agenda
2024 Framework not later than 8 years after the date on
which the Fund is established, in coordination with the
ongoing Joint External Evaluation national action
planning process.
(3) Governing board.--
(A) In general.--The Fund should be governed by a
transparent, representative, and accountable body (referred to
in this section as the ``Governing Board''), which should--
(i) function as a partnership with, and through full
engagement by, donor governments, eligible partner
countries, and independent civil society; and
(ii) be composed of not more than 25 representatives
of governments, foundations, academic institutions,
independent civil society, indigenous people, vulnerable
communities, frontline health workers, and the private
sector with demonstrated commitment to carrying out the
purposes of the Fund and upholding transparency and
accountability requirements.
(B) Duties.--The Governing Board should--
(i) be charged with approving strategies,
operations, and grant making authorities such that it is
able to conduct effective fiduciary, monitoring, and
evaluation efforts, and other oversight functions;
(ii) determine operational procedures to enable the
Fund to effectively fulfill its mission;
(iii) provide oversight and accountability for the
Fund in collaboration with a qualified and independent
Inspector General;
(iv) develop and utilize a mechanism to obtain
formal input from eligible partner countries,
independent civil society, and implementing entities
relative to program design, review, and implementation
and associated lessons learned; and
(v) coordinate and align with other multilateral
financing and technical assistance activities, and with
the activities of the United States and other nations
leading pandemic prevention, preparedness, and response
activities in partner countries, as appropriate.
(C) Composition.--The Governing Board should include--
(i) representatives of the governments of founding
member countries who, in addition to meeting the
requirements under subparagraph (A), qualify based
upon--
(I) meeting an established initial
contribution threshold, which should be not less
than 10 percent of the country's total initial
contributions; and
(II) demonstrating a commitment to
supporting the International Health Regulations
(2005);
(ii) a geographically diverse group of members from
donor countries, academic institutions, independent
civil society, including faith-based and indigenous
organizations, and the private sector who are selected
on the basis of their experience and commitment to
innovation, best practices, and the advancement of
global health security objectives; and
(iii) representatives of the World Health
Organization, to serve in an observer status.
(D) Contributions.--Each government or private sector
foundation or for-profit entity represented on the Governing
Board should agree to make annual contributions to the Fund in
an amount that is not less than the minimum amount determined by
the Governing Board.
(E) Qualifications.--Individuals appointed to the Governing
Board should have demonstrated knowledge and experience across a
variety of sectors, including human and animal health,
agriculture, development, defense, finance, research, and
academia.
(F) Conflicts of interest.--All Governing Board members
should be required to recuse themselves from matters presenting
conflicts of interest, including financing decisions relating to
such countries, bodies, and institutions.
(G) Removal procedures.--The Fund should establish
procedures for the removal of members of the Governing Board
who--
(i) engage in a consistent pattern of human rights
abuses;
(ii) fail to uphold global health data transparency
requirements; or
(iii) otherwise violate the established standards of
the Fund, including in relation to corruption.
(b) Authority for United States Participation.--
(1) Founding member.--The United States is authorized to participate
in the Fund and shall be represented on the Governing Board by an
officer or employee of the United States Government who has been
appointed by the President (referred in this section as the ``FIF
Representative'').
(2) Effective date; termination date.--
(A) Effective date.--This subsection shall take effect on
the date on which the Secretary of State submits to Congress a
certified copy of the agreement establishing the Fund.
(B) Termination date.--The membership authorized under
paragraph (1) shall terminate on the date on which the Fund is
terminated.
(3) Enforceability.--Any agreement concluded under the authorities
provided under this subsection shall be legally effective and binding
upon the United States, in accordance with the terms of the agreement--
(A) upon the enactment of appropriate implementing
legislation that provides for the approval of the specific
agreement or agreements, including attachments, annexes, and
supporting documentation, as appropriate; or
(B) if concluded and submitted as a treaty, upon the
approval by the Senate of the resolution of ratification of such
treaty.
(c) Implementation of Program Objectives.--In carrying out the objectives
described in subsection (a)(2), the Fund should work to eliminate duplication
and waste by upholding strict transparency and accountability standards and
coordinating its programs and activities with key partners working to advance
pandemic prevention and preparedness.
(d) Priority Countries.--In providing assistance under this section, the
Fund should give priority to low- and lower middle-income countries with--
(1) low scores on the Global Health Security Index classification of
health systems;
(2) measurable gaps in global health security and pandemic
prevention and preparedness identified under the IHR (2005) Monitoring
and Evaluation Framework and national action plans for health security;
(3) demonstrated political and financial commitment to pandemic
prevention and preparedness; and
(4) demonstrated commitment to--
(A) upholding global health budget and data transparency and
accountability standards;
(B) complying with the International Health Regulations
(2005);
(C) investing in domestic health systems; and
(D) achieving measurable results.
(e) Accountability; Conflicts of Interest; Criteria for Programs.--The FIF
Representative shall--
(1) take such actions as may be necessary to ensure that the Fund
will have in effect adequate procedures and standards to account for and
monitor the use of funds contributed to the Fund, including the cost of
administering the Fund, by--
(A) engaging Fund stakeholders; and
(B) actively promoting transparency and accountability of
Fund governance and operations;
(2) seek to ensure there is agreement to put in place a conflict of
interest policy to ensure fairness and a high standard of ethical
conduct in the Fund's decision-making processes, including proactive
procedures to screen staff for conflicts of interest and measures to
address any conflicts, such as--
(A) potential divestments of interests;
(B) prohibition from engaging in certain activities;
(C) recusal from certain decision-making and administrative
processes; and
(D) representation by an alternate board member; and
(3) seek agreement on the criteria that should be used to determine
the programs and activities that should be assisted by the Fund.
(f) Selection of Partner Countries, Projects, and Recipients.--The Governing
Board should establish--
(1) eligible partner country selection criteria, including
transparent metrics to measure and assess global health security and
pandemic prevention and preparedness strengths and vulnerabilities in
countries seeking assistance;
(2) minimum standards for ensuring eligible partner country
ownership and commitment to long-term results, including requirements
for domestic budgeting, resource mobilization, and co-investment;
(3) criteria for the selection of projects to receive support from
the Fund;
(4) standards and criteria regarding qualifications of recipients of
such support; and
(5) such rules and procedures as may be necessary--
(A) for cost-effective management of the Fund; and
(B) to ensure transparency and accountability in the grant-
making process.
(g) Additional Transparency and Accountability Requirements.--
(1) Inspector general.--The FIF Representative shall seek to ensure
that the Fund maintains an independent Office of the Inspector General
that--
(A) is fully enabled to operate independently and
transparently;
(B) is supported by and with the requisite resources and
capacity to regularly conduct and publish, on a publicly
accessible website, rigorous financial, programmatic, and
reporting audits and investigations of the Fund and its
grantees, including subgrantees; and
(C) establishes an investigative unit that--
(i) develops an oversight mechanism to ensure that
grant funds are not diverted to illicit or corrupt
purposes or activities; and
(ii) submits an annual report to the Governing Board
describing its activities, investigations, and results.
(2) Sense of congress on corruption.--It is the sense of Congress
that--
(A) corruption within global health programs contribute
directly to the loss of human life and cannot be tolerated; and
(B) in making financial recoveries relating to a corrupt act
or criminal conduct committed by a grant recipient, as
determined by the Inspector General described in paragraph (1),
the responsible grant recipient should be assessed at a recovery
rate of up to 150 percent of such loss.
(3) Administrative expenses; financial tracking systems.--The FIF
Representative shall seek to ensure that the Fund establishes,
maintains, and makes publicly available a system to track--
(A) the administrative and management costs of the Fund on a
quarterly basis; and
(B) the amount of funds disbursed to each grant recipient
and subrecipient during each grant's fiscal cycle.
(4) Exemption from duties and taxes.--The FIF Representative should
seek to ensure that the Fund adopts rules that condition grants upon
agreement by the relevant national authorities in an eligible partner
country to exempt from duties and taxes all products financed by such
grants, including procurements by any principal or subrecipient for the
purpose of carrying out such grants.
(h) Reports to Congress.--
(1) Annual report.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the
duration of the Fund, the Secretary of State, in collaboration
with the Administrator of the USAID and the heads of other
relevant Federal departments and agencies, shall submit a report
on the activities of the Fund to the appropriate congressional
committees.
(B) Report elements.--Each report required under
subparagraph (A) shall describe--
(i) the goals of the Fund;
(ii) the programs, projects, and activities
supported by the Fund;
(iii) private and governmental contributions to the
Fund; and
(iv) the criteria utilized to determine the programs
and activities that should be assisted by the Fund,
including baselines, targets, desired outcomes,
measurable goals, and extent to which those goals are
being achieved.
(2) GAO report on effectiveness.--Not later than 2 years after the
date on which the Fund is established, the Comptroller General of the
United States shall submit a report to the appropriate congressional
committees that evaluates the effectiveness of the Fund, including--
(A) the effectiveness of the programs, projects, and
activities supported by the Fund; and
(B) an assessment of the merits of continued United States
participation in the Fund.
(i) United States Contributions.--
(1) In general.--Subject to paragraph (4)(C), the President may
provide contributions to the Fund.
(2) Notification.--The Secretary of State, the Administrator of the
USAID, or the head of any other relevant Federal department or agency
shall submit a notification to the appropriate congressional committees
not later than 15 days before making a contribution to the Fund that
identifies--
(A) the amount of the proposed contribution;
(B) the total of funds contributed by other donors; and
(C) the national interests served by United States
participation in the Fund.
(3) Limitation.--During the 5-year period beginning on the date of
the enactment of this Act, the cumulative total of United States
contributions to the Fund may not exceed 33 percent of the total
contributions to the Fund from all sources.
(4) Withholdings.--
(A) Support for acts of international terrorism.--If the
Secretary of State determines that the Fund has provided
assistance to a country, the government of which the Secretary
of State has determined, for purposes of section 620A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2371) has repeatedly
provided support for acts of international terrorism, the United
States shall withhold from its contribution to the Fund for the
next fiscal year an amount equal to the amount expended by the
Fund to the government of such country.
(B) Excessive salaries.--If the Secretary of State
determines that the salary during any of the first 5 fiscal
years beginning after the date of the enactment of this Act of
any individual employed by the Fund exceeds the salary of the
Vice President of the United States for such fiscal year, the
United States should withhold from its contribution for the
following fiscal year an amount equal to the aggregate
difference between the 2 salaries.
(C) Accountability certification requirement.--The Secretary
of State may withhold not more than 20 percent of planned United
States contributions to the Fund until the Secretary certifies
to the appropriate congressional committees that the Fund has
established procedures to provide access by the Office of
Inspector General of the Department of State, as cognizant
Inspector General, the Inspector General of the Department of
Health and Human Services, the USAID Inspector General, and the
Comptroller General of the United States to the Fund's financial
data and other information relevant to United States
contributions to the Fund (as determined by the Inspector
General of the Department of State, in consultation with the
Secretary of State).
SEC. 5564. GENERAL PROVISIONS.
(a) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$5,000,000,000 for the 5-year period beginning on October 1, 2022 to
carry out the purposes of sections 5562 and 5563, which may be in
addition to amounts otherwise made available for such purposes, in
consultation with the appropriate congressional committees and subject
to the requirements under chapters 1 and 10 of part I and section 634A
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).
(2) Exception.--Section 110 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7107) shall not apply with respect to assistance
made available under this subtitle.
(b) Compliance With the Foreign Aid Transparency and Accountability Act of
2016.--Section 2(3) of the Foreign Aid Transparency and Accountability Act of
2016 (Public Law 114-191; 22 U.S.C. 2394c note) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(F) the Global Health Security and International Pandemic
Prevention, Preparedness and Response Act of 2022.''.
SEC. 5565. SUNSET.
This subtitle shall cease to be effective on September 30, 2027.
SEC. 5566. RULE OF CONSTRUCTION.
Nothing in this subtitle may be construed to impair or otherwise affect the
authorities granted to the Administrator of the USAID, the Secretary of Health
and Human Services, or the head of any other Federal department or agency under
any applicable law.
Subtitle E--Burma Act of 2022
SEC. 5567. SHORT TITLE.
This subtitle may be cited as the ``Burma Unified through Rigorous Military
Accountability Act of 2022'' or the ``BURMA Act of 2022''.
SEC. 5568. DEFINITIONS.
In this subtitle:
(1) Burmese military.--The term ``Burmese military''--
(A) means the Armed Forces of Burma, including the army,
navy, and air force; and
(B) includes security services under the control of the
Armed Forces of Burma, such as the police and border guards.
(2) Executive order 14014.--The term ``Executive Order 14014'' means
Executive Order 14014 (86 Fed. Reg. 9429; relating to blocking property
with respect to the situation in Burma).
(3) Genocide.--The term ``genocide'' means any offense described in
section 1091(a) of title 18, United States Code.
(4) War crime.--The term ``war crime'' has the meaning given the
term in section 2441(c) of title 18, United States Code.
PART 1--MATTERS RELATING TO THE CONFLICT IN BURMA
SEC. 5569. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) continue to support the people of Burma in their struggle for
democracy, human rights, and justice;
(2) support the efforts of the National Unity Government (NUG), the
National Unity Consultative Council (NUCC), the Committee Representing
Pyidaungsu Hluttaw (CRPH), the Burmese Civil Disobedience Movement, and
other entities in Burma and in other countries to oppose the Burmese
military and bring about an end to the military junta's rule;
(3) support a credible process for the restoration of civilian
government in Burma, with a reformed Burmese military under civilian
control and the enactment of constitutional, political, and economic
reform that protects the rights of minority groups and furthers a
federalist form of government;
(4) hold accountable perpetrators of human rights violations
committed against ethnic groups in Burma and the people of Burma,
including through the February 2022 coup d'etat;
(5) hold accountable the Russian Federation and the People's
Republic of China for their support of the Burmese military;
(6) continue to provide humanitarian assistance to populations
impacted by violence perpetrated by the Burmese military wherever they
may reside, and coordinate efforts among like-minded governments and
other international donors to maximize the effectiveness of assistance
and support for the people of Burma;
(7) secure the unconditional release of all unlawfully detained
individuals in Burma, including those detained for the exercise of their
fundamental freedoms; and
(8) provide humanitarian assistance to the people of Burma in Burma,
Bangladesh, Thailand, and the surrounding region without going through
the Burmese military.
PART 2--SANCTIONS AND POLICY COORDINATION WITH RESPECT TO BURMA
SEC. 5570. DEFINITIONS.
In this part:
(1) Admitted; alien.--The terms ``admitted'' and ``alien'' have the
meanings given those terms in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(3) Correspondent account; payable-through account.--The terms
``correspondent account'' and ``payable-through account'' have the
meanings given those terms in section 5318A of title 31, United States
Code.
(4) Foreign financial institution.--The term ``foreign financial
institution'' has the meaning of that term as determined by the
Secretary of the Treasury by regulation.
(5) Foreign person.--The term ``foreign person'' means a person that
is not a United States person.
(6) Knowingly.--The term ``knowingly'', with respect to conduct, a
circumstance, or a result, means that a person has actual knowledge, or
should have known, of the conduct, the circumstance, or the result.
(7) Person.--The term ``person'' means an individual or entity.
(8) Support.--The term ``support'', with respect to the Burmese
military, means to knowingly have materially assisted, sponsored, or
provided financial, material, or technological support for, or goods or
services to or in support of the Burmese military.
(9) United states person.--The term ``United States person'' means--
(A) a United States citizen or an alien lawfully admitted to
the United States for permanent residence;
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person in the United States.
SEC. 5571. IMPOSITION OF SANCTIONS WITH RESPECT TO HUMAN RIGHTS ABUSES AND
PERPETRATION OF A COUP IN BURMA.
(a) Mandatory Sanctions.--Not later than 180 days after the date of the
enactment of this Act, the President shall impose the sanctions described in
subsection (d) with respect to any foreign person that the President
determines--
(1) is a senior official of--
(A) the Burmese military or security forces of Burma;
(B) the State Administration Council, the military-appointed
cabinet at the level of Deputy Minister or higher, or a
military-appointed minister of a Burmese state or region; or
(C) an entity that primarily operates in the defense sector
of the Burmese economy; or
(2) is a Burmese state-owned commercial enterprise (other than an
entity described in subsections (c)(1) and (c)(2)) that--
(A) is operating in the industrial or extractive sectors;
and
(B) significantly financially benefits the Burmese military.
(b) Additional Measure Relating to Facilitation of Transactions.--The
Secretary of the Treasury may, in consultation with the Secretary of State,
prohibit or impose strict conditions on the opening or maintaining in the United
States of a correspondent account or payable-through account by a foreign
financial institution that the President determines has, on or after the date of
the enactment of this Act, knowingly conducted or facilitated a significant
transaction or transactions on behalf of a foreign person subject to sanctions
under this section imposed pursuant to subsection (a).
(c) Additional Sanctions.--The President may impose the sanctions described
in subsection (d) with respect to--
(1) the Myanma Oil and Gas Enterprise;
(2) any Burmese state-owned enterprise that--
(A) is not operating in the industrial or extractive
sectors; and
(B) significantly financially benefits the Burmese military;
(3) a spouse or adult child of any person described in subsection
(a)(1);
(4) any foreign person that, leading up to, during, and since the
February 1, 2021, coup d'etat in Burma, is responsible for or has
directly and knowingly engaged in--
(A) actions or policies that significantly undermine
democratic processes or institutions in Burma;
(B) actions or policies that significantly threaten the
peace, security, or stability of Burma;
(C) actions or policies by a Burmese person that--
(i) significantly prohibit, limit, or penalize the
exercise of freedom of expression or assembly by people
in Burma; or
(ii) limit access to print, online, or broadcast
media in Burma; or
(D) the orchestration of arbitrary detention or torture in
Burma or other serious human rights abuses in Burma; or
(5) any Burmese entity that provides materiel to the Burmese
military.
(d) Sanctions Described.--The sanctions described in this subsection are the
following:
(1) Property blocking.--The President may exercise all powers
granted to the President by the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and
prohibit all transactions in all property and interests in property of
the foreign person if such property and interests in property are in the
United States, come within the United States, or are or come within the
possession or control of a United States person.
(2) Foreign exchange.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any transactions in
foreign exchange that are subject to the jurisdiction of the United
States and in which the foreign person has any interest.
(3) Visas, admission, or parole.--
(A) In general.--An alien who is described in subsection (a)
or (c) is--
(i) inadmissible to the United States;
(ii) ineligible for a visa or other documentation to
enter the United States; and
(iii) otherwise ineligible to be admitted or paroled
into the United States or to receive any other benefit
under the Immigration and Nationality Act (8 U.S.C. 1101
et seq.).
(B) Current visas revoked.--
(i) In general.--The issuing consular officer, the
Secretary of State, or the Secretary of Homeland
Security (or a designee of one of such Secretaries)
shall, in accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C. 1201(i)),
revoke any visa or other entry documentation issued to
an alien described in subparagraph (A) regardless of
when the visa or other entry documentation is issued.
(ii) Effect of revocation.--A revocation under
clause (i)--
(I) shall take effect immediately; and
(II) shall automatically cancel any other
valid visa or entry documentation that is in the
alien's possession.
(e) Assessment and Report on Sanctions With Respect to Burmese State-owned
Enterprise Operating in the Energy Sector.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the President shall conduct an assessment with
respect to the Burmese state-owned enterprise described in subsection
(c)(1), including relevant factors pertaining to the possible
application of sanctions on such enterprise.
(2) Report required.--Upon making the determination required by
paragraph (1), the President shall submit to the appropriate
congressional committees a report on the assessment.
(3) Form of report.--The report required by paragraph (2) shall be
submitted in unclassified form but may include a classified annex.
(f) Exceptions.--
(1) Exception for intelligence, law enforcement, and national
security activities.--Sanctions under this section shall not apply to
any authorized intelligence, law enforcement, or national security
activities of the United States.
(2) Exception to comply with international obligations.--Sanctions
under subsection (d)(3) shall not apply with respect to the admission of
an alien if admitting or paroling the alien into the United States is
necessary to permit the United States to comply with the Agreement
regarding the Headquarters of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November 21, 1947, between the
United Nations and the United States, or other applicable international
obligations.
(3) Exception relating to the provision of humanitarian
assistance.--Sanctions under this section may not be imposed with
respect to transactions or the facilitation of transactions for--
(A) the sale of agricultural commodities, food, medicine, or
medical devices to Burma;
(B) the provision of humanitarian assistance to the people
of Burma;
(C) financial transactions relating to humanitarian
assistance or for humanitarian purposes in Burma; or
(D) transporting goods or services that are necessary to
carry out operations relating to humanitarian assistance or
humanitarian purposes in Burma.
(4) Exception relating to wind-down of projects.--Sanctions under
this section shall not be imposed with respect to transactions or the
facilitation of transactions related to the disposition of investments
pursuant to--
(A) agreements entered into between United States persons
and the Government of Burma prior to May 21, 1997;
(B) the exercise of rights pursuant to such agreements; or
(C) transactions related to the subsequent operation of the
assets encompassed by such disposed investments.
(g) Waiver.--The President may, on a case-by-case basis waive the
application of sanctions or restrictions imposed with respect to a foreign
person under this section if the President certifies to the appropriate
congressional committees at the time such waiver is to take effect that the
waiver is in the national interest of the United States.
(h) Implementation; Penalties.--
(1) Implementation.--The President may exercise all authorities
provided to the President under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to
carry out this section.
(2) Penalties.--The penalties provided for in subsections (b) and
(c) of section 206 of the International Emergency Economic Powers Act
(50 U.S.C. 1705) shall apply to a person that violates, attempts to
violate, conspires to violate, or causes a violation of this section or
any regulations promulgated under this section to the same extent that
such penalties apply to a person that commits an unlawful act described
in section 206(a) of that Act.
(i) Report.--Not later than 90 days after the date of the enactment of this
Act and annually thereafter for 8 years, the Secretary of State, in consultation
with the Secretary of the Treasury, shall submit to the appropriate
congressional committees a classified report that--
(1) describes the primary sources of income to which the Burmese
military has access and that the United States has been unable to reach
using sanctions authorities; and
(2) assesses the impact of the sanctions imposed pursuant to the
authorities under this section on the Burmese people and the Burmese
military.
SEC. 5572. SANCTIONS AND POLICY COORDINATION FOR BURMA.
(a) In General.--The head of the Office of Sanctions Coordination in the
Department of State should develop a comprehensive strategy for the
implementation of the full range of United States diplomatic capabilities to
implement Burma-related sanctions in order to promote human rights and the
restoration of civilian government in Burma.
(b) Matters to Be Included.--The strategy described in subsection (a) should
include plans and steps to--
(1) coordinate the sanctions policies of the United States with
relevant bureaus and offices in the Department of State and other
relevant United States Government agencies;
(2) conduct relevant research and vetting of entities and
individuals that may be subject to sanctions and coordinate with other
United States Government agencies and international financial
intelligence units to assist in efforts to enforce anti-money laundering
and anti-corruption laws and regulations;
(3) promote a comprehensive international effort to impose and
enforce multilateral sanctions with respect to Burma;
(4) support interagency United States Government efforts, including
efforts of the United States Chief of Mission to Burma, the United
States Ambassador to ASEAN, and the United States Permanent
Representative to the United Nations, relating to--
(A) identifying opportunities to exert pressure on the
governments of the People's Republic of China and the Russian
Federation to support multilateral action against the Burmese
military; and
(B) working with like-minded partners to impose a
coordinated arms embargo on the Burmese military and targeted
sanctions on the economic interests of the Burmese military,
including through the introduction and adoption of a United
Nations Security Council resolution; and
(5) provide timely input for reporting on the impacts of the
implementation of sanctions on the Burmese military and the people of
Burma.
SEC. 5573. SUPPORT FOR GREATER UNITED NATIONS ACTION WITH RESPECT TO BURMA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United Nations Security Council has not taken adequate steps
to condemn the February 1, 2021, coup in Burma, pressure the Burmese
military to cease its violence against civilians, or secure the release
of those unjustly detained;
(2) countries, such as the People's Republic of China and the
Russian Federation, that are directly or indirectly shielding the
Burmese military from international scrutiny and action, should be
obliged to endure the reputational damage of doing so by taking public
votes on resolutions related to Burma that apply greater pressure on the
Burmese military to restore Burma to its democratic path; and
(3) the United Nations Secretariat and the United Nations Security
Council should take concrete steps to address the coup and ongoing
crisis in Burma consistent with United Nations General Assembly
resolution 75/287, ``The situation in Myanmar,'' which was adopted on
June 18, 2021.
(b) Support for Greater Action.--The President shall direct the United
States Permanent Representative to the United Nations to use the voice, vote,
and influence of the United States to spur greater action by the United Nations
and the United Nations Security Council with respect to Burma by--
(1) pushing the United Nations Security Council to consider a
resolution condemning the February 1, 2021, coup and calling on the
Burmese military to cease its violence against the people of Burma and
release without preconditions the journalists, pro-democracy activists,
and political officials that it has unjustly detained;
(2) pushing the United Nations Security Council to consider a
resolution that immediately imposes a global arms embargo against Burma
to ensure that the Burmese military is not able to obtain weapons and
munitions from other nations to further harm, murder, and oppress the
people of Burma;
(3) pushing the United Nations and other United Nations authorities
to cut off assistance to the Government of Burma while providing
humanitarian assistance directly to the people of Burma through United
Nations bodies and civil society organizations, particularly such
organizations working with ethnic minorities that have been adversely
affected by the coup and the Burmese military's violent crackdown; and
(4) spurring the United Nations Security Council to consider
multilateral sanctions against the Burmese military for its atrocities
against Rohingya and individuals of other ethnic and religious
minorities, its coup, and the atrocities it has and continues to commit
in the coup's aftermath.
(c) Sense of Congress.--It is the sense of Congress that the United States
Permanent Representative to the United Nations should use the voice, vote, and
influence of the United States to--
(1) object to the appointment of representatives to the United
Nations and United Nations bodies such as the Human Rights Council that
are sanctioned by the Burmese military; and
(2) work to ensure the Burmese military is not recognized as the
legitimate government of Burma in any United Nations body.
SEC. 5574. SUNSET.
(a) In General.--The authority to impose sanctions and the sanctions imposed
under this part shall terminate on the date that is 8 years after the date of
the enactment of this Act.
(b) Certification for Early Sunset of Sanctions.--Sanctions imposed under
this part may be removed before the date specified in subsection (a), if the
President submits to the appropriate congressional committees a certification
that--
(1) the Burmese military has released all political prisoners taken
into custody on or after February 1, 2021, or is providing legal
recourse to those that remain in custody;
(2) the elected government of Burma has been reinstated or new free
and fair elections have been held;
(3) all legal charges against those winning election in November
2020 are dropped; and
(4) the 2008 constitution of Burma has been amended or replaced to
place the Burmese military under civilian oversight and ensure that the
Burmese military no longer automatically receives 25 percent of seats in
Burma's state, regional, and national Hluttaws.
(c) Notification for Early Sunset of Sanctions on Individuals.--
(1) In general.--The President may terminate the application of
sanctions under this part with respect to specific individuals if the
President submits to the appropriate congressional committees--
(A) a notice of and justification for the termination; and
(B) a notice that the individual is not engaging in the
activity or is no longer occupying the position that was the
basis for the sanctions or has taken significant verifiable
steps toward stopping the activity.
(2) Form.--The notice required by paragraph (1) shall be submitted
in unclassified form but may include a classified annex.
PART 3--AUTHORIZATIONS OF APPROPRIATIONS FOR ASSISTANCE FOR BURMA
SEC. 5575. GENERAL AUTHORIZATION OF APPROPRIATIONS.
During each of the fiscal years 2023 through 2027, following consultation
with the appropriate congressional committees and subject to the limitations
described in section 5576, funds authorized to be made available to carry out
chapter 4 of part II of the Foreign Assistance Act of 1961 may be made
available, notwithstanding any other provision of law, for--
(1) programs to strengthen federalism in and among ethnic states in
Burma, including for non-lethal assistance for Ethnic Armed
Organizations in Burma;
(2) the administrative operations and programs of entities in Burma,
including the political entities and affiliates of Ethnic Armed
Organizations and pro-democracy movement organizations, that support
efforts to establish an inclusive and representative democracy in Burma;
(3) technical support and non-lethal assistance for Burma's Ethnic
Armed Organizations, People's Defense Forces, and pro-democracy movement
organizations to strengthen communications and command and control, and
coordination of international relief and other operations between and
among such entities;
(4) programs and activities relating to former members of the
Burmese military that have condemned the February 1, 2022, coup d'etat
and voiced support for the restoration of civilian rule;
(5) programs to assist civil society organizations to investigate
and document atrocities in Burma for the purposes of truth, justice, and
accountability;
(6) programs to assist civil society organizations in Burma that
support individuals that who are unlawfully detained in Burma for
exercising their fundamental freedoms; and
(7) programs to assist civil society organizations and ethnic groups
with reconciliation activities related to Burma.
SEC. 5576. LIMITATIONS.
Except as provided for by this part, none of the funds authorized to be
appropriated for assistance for Burma by this part may be made available to--
(1) the State Administrative Council or any organization or entity
controlled by, or an affiliate of, the Burmese military, or to any
individual or organization that has committed a gross violation of human
rights or advocates violence against ethnic or religious groups or
individuals in Burma, as determined by the Secretary of State for
programs administered by the Department of State and the United States
Agency for International Development, or President of the National
Endowment for Democracy (NED) for programs administered by NED; and
(2) the Burmese military.
SEC. 5577. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this part, the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on Armed
Services, and the Committee on Appropriations of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on Armed
Services, and the Committee on Appropriations of the House of
Representatives.
PART 4--EFFORTS AGAINST HUMAN RIGHTS ABUSES
SEC. 5578. AUTHORIZATION TO PROVIDE TECHNICAL ASSISTANCE FOR EFFORTS AGAINST
HUMAN RIGHTS ABUSES.
(a) In General.--The Secretary of State is authorized to provide assistance
to support appropriate civilian or international entities that--
(1) identify suspected perpetrators of war crimes, crimes against
humanity, and genocide in Burma;
(2) collect, document, and protect evidence of crimes in Burma and
preserving the chain of custody for such evidence;
(3) conduct criminal investigations of such crimes; and
(4) support investigations related to Burma conducted by other
countries, and by entities mandated by the United Nations, such as the
Independent Investigative Mechanism for Myanmar.
(b) Authorization for Transitional Justice Mechanisms.--The Secretary of
State, taking into account any relevant findings in the report submitted under
section 5941, is authorized to provide support for the establishment and
operation of transitional justice mechanisms, including a hybrid tribunal, to
prosecute individuals suspected of committing war crimes, crimes against
humanity, or genocide in Burma.
PART 5--SANCTIONS EXCEPTION RELATING TO IMPORTATION OF GOODS
SEC. 5579. SANCTIONS EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose sanctions under
this subtitle shall not include the authority or requirement to impose sanctions
on the importation of goods.
(b) Good Defined.--In this section, the term ``good'' means any article,
natural or man-made substance, material, supply, or manufactured product,
including inspection and test equipment, and excluding technical data.
Subtitle F--Promotion of Freedom of Information and Countering of Censorship and
Surveillance in North Korea
SEC. 5580. SHORT TITLE.
This subtitle may be cited as the ``Otto Warmbier Countering North Korean
Censorship and Surveillance Act of 2022''.
SEC. 5581. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The information landscape in North Korea is the most repressive
in the world, consistently ranking last or near-last in the annual World
Press Freedom Index.
(2) Under the brutal rule of Kim Jung Un, the country's leader since
2012, the North Korean regime has tightened controls on access to
information, as well as enacted harsh punishments for consumers of
outside media, including sentencing to time in a concentration camp and
a maximum penalty of death.
(3) Such repressive and unjust laws surrounding information in North
Korea resulted in the death of 22-year-old United States citizen and
university student Otto Warmbier, who had traveled to North Korea in
December 2015 as part of a guided tour.
(4) Otto Warmbier was unjustly arrested, sentenced to 15 years of
hard labor, and severely mistreated at the hands of North Korean
officials. While in captivity, Otto Warmbier suffered a serious medical
emergency that placed him into a comatose state. Otto Warmbier was
comatose upon his release in June 2017 and died 6 days later.
(5) Despite increased penalties for possession and viewership of
foreign media, the people of North Korean have increased their desire
for foreign media content, according to a survey of 200 defectors
concluding that 90 percent had watched South Korean or other foreign
media before defecting.
(6) On March 23, 2021, in an annual resolution, the United Nations
General Assembly condemned ``the long-standing and ongoing systematic,
widespread and gross violations of human rights in the Democratic
People's Republic of Korea'' and expressed grave concern at, among other
things, ``the denial of the right to freedom of thought, conscience, and
religion . . . and of the rights to freedom of opinion, expression, and
association, both online and offline, which is enforced through an
absolute monopoly on information and total control over organized social
life, and arbitrary and unlawful state surveillance that permeates the
private lives of all citizens''.
(7) In 2018, Typhoon Yutu caused extensive damage to 15 broadcast
antennas used by the United States Agency for Global Media in Asia,
resulting in reduced programming to North Korea. The United States
Agency for Global Media has rebuilt 5 of the 15 antenna systems as of
June 2021.
(b) Sense of Congress.--It is the sense of Congress that--
(1) in the event of a crisis situation, particularly where
information pertaining to the crisis is being actively censored or a
false narrative is being put forward, the United States should be able
to quickly increase its broadcasting capability to deliver fact-based
information to audiences, including those in North Korea; and
(2) the United States International Broadcasting Surge Capacity Fund
is already authorized under section 316 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6216), and expanded
authority to transfer unobligated balances from expired accounts of the
United States Agency for Global Media would enable the Agency to more
nimbly respond to crises.
SEC. 5582. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to provide the people of North Korea with access to a diverse
range of fact-based information;
(2) to develop and implement novel means of communication and
information sharing that increase opportunities for audiences in North
Korea to safely create, access, and share digital and non-digital news
without fear of repressive censorship, surveillance, or penalties under
law; and
(3) to foster and innovate new technologies to counter North Korea's
state-sponsored repressive surveillance and censorship by advancing
internet freedom tools, technologies, and new approaches.
SEC. 5583. UNITED STATES STRATEGY TO COMBAT NORTH KOREA'S REPRESSIVE INFORMATION
ENVIRONMENT.
(a) In General.--Not later than 180 days after the date of the enactment of
this Act, the President shall develop and submit to Congress a strategy on
combating North Korea's repressive information environment.
(b) Elements.--The strategy required by subsection (a) shall include the
following:
(1) An assessment of the challenges to the free flow of information
into North Korea created by the censorship and surveillance technology
apparatus of the Government of North Korea.
(2) A detailed description of the agencies and other government
entities, key officials, and security services responsible for the
implementation of North Korea's repressive laws regarding foreign media
consumption.
(3) A detailed description of the agencies and other government
entities and key officials of foreign governments that assist,
facilitate, or aid North Korea's repressive censorship and surveillance
state.
(4) A review of existing public-private partnerships that provide
circumvention technology and an assessment of the feasibility and
utility of new tools to increase free expression, circumvent censorship,
and obstruct repressive surveillance in North Korea.
(5) A description of and funding levels required for current United
States Government programs and activities to provide access for the
people of North Korea to a diverse range of fact-based information.
(6) An update of the plan required by section 104(a)(7)(A) of the
North Korean Human Rights Act of 2004 (22 U.S.C. 7814(a)(7)(A)).
(7) A description of Department of State programs and funding levels
for programs that promote internet freedom in North Korea, including
monitoring and evaluation efforts.
(8) A description of grantee programs of the United States Agency
for Global Media in North Korea that facilitate circumvention tools and
broadcasting, including monitoring and evaluation efforts.
(9) A detailed assessment of how the United States International
Broadcasting Surge Capacity Fund authorized under section 316 of the
United States International Broadcasting Act of 1994 (22 U.S.C. 6216)
has operated to respond to crisis situations in the past, and how
authority to transfer unobligated balances from expired accounts would
help the United States Agency for Global Media in crisis situations in
the future.
(10) A detailed plan for how the authorization of appropriations
under section 5584 will operate alongside and augment existing
programming from the relevant Federal agencies and facilitate the
development of new tools to assist that programming.
(11) A detailed plan for engagement and coordination with the
Republic of Korea, as appropriate, necessary for implementing the
objectives of the strategy required by subsection (a), including--
(A) with regard to any new or expanded activities
contemplated under paragraphs (9) and (10); and
(B) any cooperation with or approval from the Government of
the Republic of Korea required to carry out such activities.
(c) Form of Strategy.--The strategy required by subsection (a) shall be
submitted in unclassified form, but may include the matters required by
paragraphs (2) and (3) of subsection (b) in a classified annex.
SEC. 5584. PROMOTING FREEDOM OF INFORMATION AND COUNTERING CENSORSHIP AND
SURVEILLANCE IN NORTH KOREA.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the United States Agency for Global Media an additional
$10,000,000 for each of fiscal years 2024 through 2027 to provide increased
broadcasting and grants for the following purposes:
(1) To promote the development of internet freedom tools,
technologies, and new approaches, including both digital and non-digital
means of information sharing related to North Korea.
(2) To explore public-private partnerships to counter North Korea's
repressive censorship and surveillance state.
(3) To develop new means to protect the privacy and identity of
individuals receiving media from the United States Agency for Global
Media and other outside media outlets from within North Korea.
(4) To bolster existing programming from the United States Agency
for Global Media by restoring the broadcasting capacity of damaged
antennas caused by Typhoon Yutu in 2018.
(b) Annual Reports.--Section 104(a)(7)(B) of the North Korean Human Rights
Act of 2004 (22 U.S.C. 7814(a)(7)(B)) is amended--
(1) in the matter preceding clause (i)--
(A) by striking ``1 year after the date of the enactment of
this paragraph'' and inserting ``September 30, 2022''; and
(B) by striking ``Broadcasting Board of Governors'' and
inserting ``Chief Executive Officer of the United States Agency
for Global Media''; and
(2) in clause (i), by inserting after ``this section'' the
following: ``and sections 5583 and 5584 of the Otto Warmbier Countering
North Korean Censorship and Surveillance Act of 2022''.
Subtitle G--Other Matters
SEC. 5585. CONGRESSIONAL NOTIFICATION FOR REWARDS PAID USING CRYPTOCURRENCIES.
(a) In General.--Section 36(e)(6) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2708(e)(6)) is amended by adding at the end the following
new sentence: ``Not later than 15 days before making a reward in a form that
includes cryptocurrency, the Secretary of State shall notify the Committee on
Foreign Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate of such form for the reward.''.
(b) Report.--Not later than 180 days after the date of the enactment of this
Act, the Secretary of State shall submit to the Committee on Foreign Affairs of
the House of Representatives and the Committee on Foreign Relations of the
Senate a report on the use of cryptocurrency as a part of the Department of
State Rewards program established under section 36(a) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2708(a)) that--
(1) justifies any determination of the Secretary to make rewards
under such program in a form that includes cryptocurrency;
(2) lists each cryptocurrency payment made under such program as of
the date of the submission of the report;
(3) provides evidence of the manner and extent to which
cryptocurrency payments would be more likely to induce whistleblowers to
come forward with information than rewards paid out in United States
dollars or other forms of money or nonmonetary items; and
(4) examines whether the Department's use of cryptocurrency could
provide bad actors with additional hard-to-trace funds that could be
used for criminal or illicit purposes.
SEC. 5586. SECURE ACCESS TO SANITATION FACILITIES FOR WOMEN AND GIRLS.
Subsection (a) of section 501 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 2601 note) is amended--
(1) by redesignating paragraphs (6) through (11) as paragraphs (7)
through (12), respectively; and
(2) by inserting after paragraph (5) the following:
``(6) the provision of safe and secure access to sanitation
facilities, with a special emphasis on women and children;''.
SEC. 5587. REAUTHORIZATION OF THE TROPICAL FOREST AND CORAL REEF CONSERVATION
ACT OF 1998.
Section 806(d) of the Tropical Forest and Coral Reef Conservation Act of
1998 (22 U.S.C. 2431d(d)) is amended by adding at the end the following new
paragraphs:
``(9) $20,000,000 for fiscal year 2023.
``(10) $20,000,000 for fiscal year 2024.
``(11) $20,000,000 for fiscal year 2025.
``(12) $20,000,000 for fiscal year 2026.
``(13) $20,000,000 for fiscal year 2027.''.
SEC. 5588. GLOBAL FOOD SECURITY REAUTHORIZATION ACT OF 2022.
(a) Findings.--Section 2 of the Global Food Security Act of 2016 (22 U.S.C.
9301) is amended by striking ``Congress makes'' and all that follows through
``(3) A comprehensive'' and inserting ``Congress finds that a comprehensive''.
(b) Statement of Policy Objectives; Sense of Congress.--Section 3(a) of such
Act (22 U.S.C. 9302(a)) is amended--
(1) in the matter preceding paragraph (1), by striking ``programs,
activities, and initiatives that'' and inserting ``comprehensive, multi-
sectoral programs, activities, and initiatives that consider agriculture
and food systems in their totality and that''.
(2) in paragraph (1), by striking ``and economic freedom through the
coordination'' and inserting ``, economic freedom, and security through
the phasing, sequencing, and coordination'';
(3) by striking paragraphs (3) and (4) and inserting the following:
``(3) increase the productivity, incomes, and livelihoods of small-
scale producers and artisanal fishing communities, especially women in
these communities, by working across terrestrial and aquatic food
systems and agricultural value chains, including by--
``(A) enhancing local capacity to manage agricultural
resources and food systems effectively and expanding producer
access to, and participation in, local, regional, and
international markets;
``(B) increasing the availability and affordability of high
quality nutritious and safe foods and clean water;
``(C) creating entrepreneurship opportunities and improving
access to business development related to agriculture and food
systems, including among youth populations, linked to local,
regional, and international markets; and
``(D) enabling partnerships to facilitate the development of
and investment in new agricultural technologies to support more
resilient and productive agricultural practices;
``(4) build resilience to agriculture and food systems shocks and
stresses, including global food catastrophes in which conventional
methods of agriculture are unable to provide sufficient food and
nutrition to sustain the global population, among vulnerable populations
and households through inclusive growth, while reducing reliance upon
emergency food and economic assistance;'';
(4) by amending paragraph (6) to read as follows:
``(6) improve the nutritional status of women, adolescent girls, and
children, with a focus on reducing child stunting and incidence of
wasting, including through the promotion of highly nutritious foods,
diet diversification, large-scale food fortification, and nutritional
behaviors that improve maternal and child health and nutrition,
especially during the first 1,000-day window until a child reaches 2
years of age;''; and
(5) in paragraph (7)--
(A) by striking ``science and technology,'' and inserting
``combating fragility, resilience, science and technology,
natural resource management''; and
(B) by inserting ``, including deworming,'' after
``nutrition,''.
(c) Definitions.--Section 4 of the Global Food Security Act of 2016 (22
U.S.C. 9303) is amended--
(1) in paragraph (2), by inserting ``, including in response to
shocks and stresses to food and nutrition security'' before the period
at the end;
(2) by redesignating paragraphs (4) through (12) as paragraphs (5)
through (13), respectively;
(3) by inserting after paragraph (3) the following:
``(4) Food system.--The term `food system' means the intact or whole
unit made up of interrelated components of people, behaviors,
relationships, and material goods that interact in the production,
processing, packaging, transporting, trade, marketing, consumption, and
use of food, feed, and fiber through aquaculture, farming, wild
fisheries, forestry, and pastoralism that operates within and is
influenced by social, political, economic, and environmental
contexts.'';
(4) in paragraph (6), as redesignated, by amending subparagraph (H)
to read as follows:
``(H) local agricultural producers, including farmer and
fisher organizations, cooperatives, small-scale producers,
youth, and women; and'';
(5) in paragraph (7), as redesignated, by inserting ``the Inter-
American Foundation,'' after ``United States African Development
Foundation,'';
(6) in paragraph (9), as redesignated--
(A) by inserting ``agriculture and food'' before
``systems''; and
(B) by inserting ``, including global food catastrophes,''
after ``food security'';
(7) in paragraph (10), as redesignated, by striking ``fishers'' and
inserting ``artisanal fishing communities'';
(8) in paragraph (11), as redesignated, by amending subparagraphs
(D) and (E) to read as follows:
``(D) is a marker of an environment deficient in the various
needs that allow for a child's healthy growth, including
nutrition; and
``(E) is associated with long-term poor health, delayed
motor development, impaired cognitive function, and decreased
immunity.'';
(9) in paragraph (13), as redesignated, by striking ``agriculture
and nutrition security'' and inserting ``food and nutrition security and
agriculture-led economic growth''; and
(10) by adding at the end the following:
``(14) Wasting.--The term `wasting' means--
``(A) a life-threatening condition attributable to poor
nutrient intake or disease that is characterized by a rapid
deterioration in nutritional status over a short period of time;
and
``(B) in the case of children, is characterized by low
weight for height and weakened immunity, increasing their risk
of death due to greater frequency and severity of common
infection, particularly when severe.''.
(d) Comprehensive Global Food Security Strategy.--Section 5(a) of the Global
Food Security Act of 2016 (22 U.S.C. 9304) is amended--
(1) in paragraph (4), by striking ``country-owned agriculture,
nutrition, and food security policy and investment plans'' and inserting
``partner country-led agriculture, nutrition, regulatory, food security,
and water resources management policy and investment plans and
governance systems'';
(2) by amending paragraph (5) to read as follows:
``(5) support the locally-led and inclusive development of
agriculture and food systems, including by enhancing the extent to which
small-scale food producers, especially women, have access to and control
over the inputs, skills, resource management capacity, networking,
bargaining power, financing, market linkages, technology, and
information needed to sustainably increase productivity and incomes,
reduce poverty and malnutrition, and promote long-term economic
prosperity;'';
(3) in paragraph (6)--
(A) by inserting ``, adolescent girls,'' after ``women'';
and
(B) by inserting ``and preventing incidence of wasting''
after ``reducing child stunting'';
(4) in paragraph (7), by inserting ``poor water resource management
and'' after ``including'';
(5) in paragraph (8)--
(A) by striking ``the long-term success of programs'' and
inserting ``long-term impact''; and
(B) by inserting ``, including agricultural research
capacity,'' after ``institutions'';
(6) in paragraph (9), by striking ``integrate resilience and
nutrition strategies into food security programs, such that chronically
vulnerable populations are better able to'' and inserting ``coordinate
with and complement relevant strategies to ensure that chronically
vulnerable populations are better able to adapt,'';
(7) by redesignating paragraph (17) as paragraph (22);
(8) by redesignating paragraphs (12) through (16) as paragraphs (14)
through (18), respectively;
(9) by striking paragraphs (10) and (11) and inserting the
following:
``(10) develop community and producer resilience and adaptation
strategies to disasters, emergencies, and other shocks and stresses to
food and nutrition security, including conflicts, droughts, flooding,
pests, and diseases, that adversely impact agricultural yield and
livelihoods;
``(11) harness science, technology, and innovation, including the
research and extension activities supported by the private sector,
relevant Federal departments and agencies, Feed the Future Innovation
Labs or any successor entities, and international and local researchers
and innovators, recognizing that significant investments in research and
technological advances will be necessary to reduce global poverty,
hunger, and malnutrition;
``(12) use evidenced-based best practices, including scientific and
forecasting data, and improved planning and coordination by, with, and
among key partners and relevant Federal departments and agencies to
identify, analyze, measure, and mitigate risks, and strengthen
resilience capacities;
``(13) ensure scientific and forecasting data is accessible and
usable by affected communities and facilitate communication and
collaboration among local stakeholders in support of adaptation planning
and implementation, including scenario planning and preparedness using
seasonal forecasting and scientific and local knowledge;'';
(10) in paragraph (15), as redesignated, by inserting
``nongovernmental organizations, including'' after ``civil society,'';
(11) in paragraph (16), as redesignated, by inserting ``and
coordination, as appropriate,'' after ``collaboration'';
(12) in paragraph (18), as redesignated, by striking ``section
8(b)(4); and'' and inserting ``section 8(a)(4);''; and
(13) by inserting after paragraph (18), as redesignated, the
following:
``(19) improve the efficiency and resilience of agricultural
production, including management of crops, rangelands, pastures,
livestock, fisheries, and aquacultures;
``(20) ensure investments in food and nutrition security consider
and integrate best practices in the management and governance of natural
resources and conservation, especially among food insecure populations
living in or near biodiverse ecosystems;
``(21) be periodically updated in a manner that reflects learning
and best practices; and''.
(e) Periodic Updates.--Section 5 of the Global Food Security Act of 2016 (22
U.S.C. 9304), as amended by subsection (d), is further amended by adding at the
end the following:
``(d) Periodic Updates.--Not less frequently than quinquennially through
fiscal year 2030, the President, in consultation with the head of each relevant
Federal department and agency, shall submit to the appropriate congressional
committees updates to the Global Food Security Strategy required under
subsection (a) and the agency-specific plans described in subsection (c)(2).''.
(f) Authorization of Appropriations to Implement the Global Food Security
Strategy.--Section 6(b) of such Act (22 U.S.C. 9305(b)) is amended--
(1) by striking ``$1,000,600,000 for each of fiscal years 2017
through 2023'' and inserting ``$1,200,000,000 for each of the fiscal
years 2024 through 2028''; and
(2) by adding at the end the following: ``Amounts authorized to
appropriated under this subsection should be prioritized to carry out
programs and activities in target countries.''.
(g) Emergency Food Security Program.--
(1) In general.--Section 7 of the Global Food Security Act of 2016
(22 U.S.C. 9306) is amended by striking ``(a) Sense of Congress.--'' and
all that follows through ``It shall be'' and inserting ``It shall be''.
(2) Authorization of appropriations.--Section 492(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2292a(a)) is amended by striking
``$2,794,184,000 for each of fiscal years 2017 through 2023, of which up
to $1,257,382,000'' and inserting ``$3,905,460,000 for each of the
fiscal years 2024 through 2028, of which up to $1,757,457,000''.
(h) Reports.--Section 8(a) of the Global Food Security Act of 2016 (22
U.S.C. 9307) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``During each of the first 7 years after the
date of the submission of the strategy required under section
5(c),'' and inserting ``For each of the fiscal years through
2028,'';
(B) by striking ``reports that describe'' and inserting ``a
report that describes''; and
(C) by striking ``at the end of the reporting period'' and
inserting ``during the preceding year'';
(2) in paragraph (2), by inserting ``, including any changes to the
target countries selected pursuant to the selection criteria described
in section 5(a)(2) and justifications for any such changes'' before the
semicolon at the end;
(3) in paragraph (3), by inserting ``identify and'' before
``describe'';
(4) by redesignating paragraphs (12) through (14) as paragraphs (15)
through (17), respectively;
(5) by redesignating paragraphs (5) through (11) as paragraphs (7)
through (13), respectively;
(6) by striking paragraph (4) and inserting the following:
``(4) identify and describe the priority quantitative metrics used
to establish baselines and performance targets at the initiative,
country, and zone of influence levels;
``(5) identify such established baselines and performance targets at
the country and zone of influence levels;
``(6) identify the output and outcome benchmarks and indicators used
to measure results annually, and report the annual measurement of
results for each of the priority metrics identified pursuant to
paragraph (4), disaggregated by age, gender, and disability, to the
extent practicable and appropriate, in an open and transparent manner
that is accessible to the people of the United States;'';
(7) in paragraph (7), as redesignated, by striking ``agriculture''
and inserting ``food'';
(8) in paragraph (8), as redesignated--
(A) by inserting ``quantitative and qualitative'' after
``how''; and
(B) by inserting ``at the initiative, country, and zone of
influence levels, including longitudinal data and key
uncertainties'' before the semicolon at the end;
(9) in paragraph (9), as redesignated, by inserting ``within target
countries, amounts and justification for any spending outside of target
countries'' after ``amounts spent'';
(10) in paragraph (13), as redesignated, by striking ``and the
impact of private sector investment'' and inserting ``and efforts to
encourage financial donor burden sharing and the impact of such
investment and efforts'';
(11) by inserting after paragraph (13), as redesignated, the
following:
``(14) describe how agriculture research is prioritized within the
Global Food Security Strategy to support agriculture-led growth and
eventual self-sufficiency and assess efforts to coordinate research
programs within the Global Food Security Strategy with key
stakeholders;'';
(12) in paragraph (16), as redesignated, by striking ``and'' at the
end;
(13) in paragraph (17), as redesignated--
(A) by inserting ``, including key challenges or missteps,''
after ``lessons learned''; and
(B) by striking the period at the end and inserting ``;
and''; and
(14) by adding at the end the following:
``(18) during the final year of each strategy required under section
5, complete country graduation reports to determine whether a country
should remain a target country based on quantitative and qualitative
analysis.''.
SEC. 5589. EXTENSION AND MODIFICATION OF CERTAIN EXPORT CONTROLS.
(a) Extension of Export Prohibition on Munitions Items to the Hong Kong
Police Force.--Section 3 of the Act entitled ``An Act to prohibit the commercial
export of covered munitions items to the Hong Kong Police Force'', approved
November 27, 2019 (Public Law 116-77; 133 Stat. 1173), is amended by striking
``shall expire'' and all that follows and inserting ``shall expire on December
31, 2024.''.
(b) Modification of Authority of President Under Export Control Reform Act
of 2018.--Section 1753(a)(2)(F) of the Export Control Reform Act of 2018 (50
U.S.C. 4812(a)(2)(F)) is amended by inserting ``, security, or'' before
``intelligence''.
SEC. 5590. IMPOSITION OF SANCTIONS WITH RESPECT TO THE SALE, SUPPLY, OR TRANSFER
OF GOLD TO OR FROM RUSSIA.
(a) Identification.--Not later than 90 days after the date of the enactment
of this Act, and periodically as necessary thereafter, the President--
(1) shall submit to Congress a report identifying foreign persons
that knowingly participated in a significant transaction--
(A) for the sale, supply, or transfer (including
transportation) of gold, directly or indirectly, to or from the
Russian Federation or the Government of the Russian Federation,
including from reserves of the Central Bank of the Russian
Federation held outside the Russian Federation; or
(B) that otherwise involved gold in which the Government of
the Russian Federation had any interest; and
(2) shall impose the sanctions described in subsection (b)(1) with
respect to each such person; and
(3) may impose the sanctions described in subsection (b)(2) with
respect to any such person that is an alien.
(b) Sanctions Described.--The sanctions described in this subsection are the
following:
(1) Blocking of property.--The exercise of all powers granted to the
President by the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) to the extent necessary to block and prohibit all
transactions in all property and interests in property of a foreign
person identified in the report required by subsection (a)(1) if such
property and interests in property are in the United States, come within
the United States, or are or come within the possession or control of a
United States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described in
subsection (a)(1) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted or paroled
into the United States or to receive any other benefit
under the Immigration and Nationality Act (8 U.S.C. 1101
et seq.).
(B) Current visas revoked.--
(i) In general.--The issuing consular officer, the
Secretary of State, or the Secretary of Homeland
Security (or a designee of one of such Secretaries)
shall, in accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C. 1201(i)),
revoke any visa or other entry documentation issued to
an alien described in subsection (a)(1).
(ii) Immediate effect.--The revocation under clause
(i) of a visa or other entry documentation issued to an
alien shall--
(I) take effect immediately; and
(II) automatically cancel any other valid
visa or entry documentation that is in the
alien's possession.
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this section or any
regulation, license, or order issued to carry out this section shall be
subject to the penalties set forth in subsections (b) and (c) of section
206 of the International Emergency Economic Powers Act (50 U.S.C. 1705)
to the same extent as a person that commits an unlawful act described in
subsection (a) of that section.
(d) National Interest Waiver.--The President may waive the imposition of
sanctions under this section with respect to a person if the President--
(1) determines that such a waiver is in the national interests of
the United States; and
(2) submits to Congress a notification of the waiver and the reasons
for the waiver.
(e) Termination.--
(1) In general.--Except as provided in paragraph (2), the
requirement to impose sanctions under this section, and any sanctions
imposed under this section, shall terminate on the earlier of--
(A) the date that is 3 years after the date of the enactment
of this Act; or
(B) the date that is 30 days after the date on which the
President certifies to Congress that--
(i) the Government of the Russian Federation has
ceased its destabilizing activities with respect to the
sovereignty and territorial integrity of Ukraine; and
(ii) such termination in the national interests of
the United States.
(2) Transition rules.--
(A) Continuation of certain authorities.--Any authorities
exercised before the termination date under paragraph (1) to
impose sanctions with respect to a foreign person under this
section may continue to be exercised on and after that date if
the President determines that the continuation of those
authorities is in the national interests of the United States.
(B) Application to ongoing investigations.--The termination
date under paragraph (1) shall not apply to any investigation of
a civil or criminal violation of this section or any regulation,
license, or order issued to carry out this section, or the
imposition of a civil or criminal penalty for such a violation,
if--
(i) the violation occurred before the termination
date; or
(ii) the person involved in the violation continues
to be subject to sanctions pursuant to subparagraph (A).
(f) Exceptions.--
(1) Exceptions for authorized intelligence and law enforcement and
national security activities.--This section shall not apply with respect
to activities subject to the reporting requirements under title V of the
National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence, law enforcement, or national security activities of the
United States.
(2) Exception to comply with international agreements.--Sanctions
under subsection (b)(2) may not apply with respect to the admission of
an alien to the United States if such admission is necessary to comply
with the obligations of the United States under the Agreement regarding
the Headquarters of the United Nations, signed at Lake Success June 26,
1947, and entered into force November 21, 1947, between the United
Nations and the United States, or the Convention on Consular Relations,
done at Vienna April 24, 1963, and entered into force March 19, 1967, or
other international obligations.
(3) Humanitarian exemption.--The President shall not impose
sanctions under this section with respect to any person for conducting
or facilitating a transaction for the sale of agricultural commodities,
food, medicine, or medical devices or for the provision of humanitarian
assistance.
(4) Exception relating to importation of goods.--
(A) In general.--The requirement or authority to impose
sanctions under this section shall not include the authority or
a requirement to impose sanctions on the importation of goods.
(B) Good defined.--In this paragraph, the term ``good''
means any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and test
equipment, and excluding technical data.
(g) Definitions.--In this section:
(1) The terms ``admission'', ``admitted'', ``alien'', and ``lawfully
admitted for permanent residence'' have the meanings given those terms
in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
(2) The term ``foreign person'' means an individual or entity that
is not a United States person.
(3) The term ``knowingly'', with respect to conduct, a circumstance,
or a result, means that a person has actual knowledge, or should have
known, of the conduct, the circumstance, or the result.
(4) The term ``United States person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person in the United States.
SEC. 5591. RENEGOTIATION OF COMPACTS OF FREE ASSOCIATION.
(a) Sense of Congress.--It is the sense of Congress as follows:
(1) The United States shares deep ties, history and interests with
the Freely Associated States of the Republic of the Marshall Islands,
Federated States of Micronesia, and Palau and continues a special,
unique and mutually beneficial relationship with them under the decades-
old Compacts of Free Association.
(2) Under the Compacts, the United States has undertaken the
responsibility and obligation to provide and ensure the security and
defense of the Freely Associated States.
(3) The Compacts are critical to the national security of the United
States and its allies and partners and are the bedrock of the United
States role in the Pacific.
(4) Renewal of key provisions of the Compacts, now being
renegotiated with each nation, is critical for regional security.
(5) Maintaining and strengthening the Compacts supports both United
States national security and the United States responsibility for the
security and defense of the Freely Associated States.
(b) Briefing on Renegotiations.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in coordination with the
Secretary of Defense and the Secretary of the Interior, shall brief the
following committees on the status of the renegotiations of the Compacts of Free
Association described in subsection (a) and opportunities to expand its support
for the renegotiations:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs and the Committee on Natural
Resources of the House of Representatives.
(3) The Committee on Foreign Relations and the Committee on Energy
and Natural Resources of the Senate.
SEC. 5592. SECRETARY OF STATE ASSISTANCE FOR PRISONERS IN ISLAMIC REPUBLIC OF
IRAN.
(a) Statement of Policy.--It is the policy of the United States that--
(1) the Islamic Republic of Iran should allow the United Nations
Special Rapporteur on the Situation of Human Rights in the Islamic
Republic of Iran unimpeded access to facilitate the full implementation
of the mandate of the United Nations Special Rapporteur, including--
(A) investigating alleged violations of human rights that
are occurring or have occurred both within prisons and
elsewhere;
(B) transmitting urgent appeals and letters to the Islamic
Republic of Iran regarding alleged violations of human rights;
and
(C) engaging with relevant stakeholders in the Islamic
Republic of Iran and the surrounding region;
(2) the Islamic Republic of Iran should immediately end violations
of the human rights of political prisoners or persons imprisoned for
exercising the right to freedom of speech, including--
(A) torture;
(B) denial of access to health care; and
(C) denial of a fair trial;
(3) all prisoners of conscience and political prisoners in the
Islamic Republic of Iran should be unconditionally and immediately
released;
(4) all diplomatic tools of the United States should be invoked to
ensure that all prisoners of conscience and political prisoners in the
Islamic Republic of Iran are released, including raising individual
cases of particular concern; and
(5) all officials of the government of the Islamic Republic of Iran
who are responsible for human rights abuses in the form of politically
motivated imprisonment should be held to account, including through the
imposition of sanctions pursuant to the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 10101 et seq.) and other applicable
statutory authorities of the United States.
(b) Assistance for Prisoners.--The Secretary of State is authorized to
continue to provide assistance to civil society organizations that support
prisoners of conscience and political prisoners in the Islamic Republic of Iran,
including organizations that--
(1) work to secure the release of such prisoners;
(2) document violations of human rights with respect to such
prisoners;
(3) support international advocacy to raise awareness of issues
relating to such prisoners;
(4) support the health, including mental health, of such prisoners;
and
(5) provide post-incarceration assistance to enable such prisoners
to resume normal lives, including access to education, employment, or
other forms of reparation.
(c) Definitions.--In this section:
(1) The term ``political prisoner'' means a person who has been
detained or imprisoned on politically motivated grounds.
(2) The term ``prisoner of conscience'' means a person who--
(A) is imprisoned or otherwise physically restricted solely
in response to the peaceful exercise of the human rights of such
person; and
(B) has not used violence or advocated violence or hatred.
SEC. 5593. IRAN NUCLEAR WEAPONS CAPABILITY AND TERRORISM MONITORING ACT OF 2022.
(a) Short Title.--This section may be cited as the ``Iran Nuclear Weapons
Capability and Terrorism Monitoring Act of 2022''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) an Islamic Republic of Iran that possesses a nuclear weapons
capability would be a serious threat to the national security of the
United States, Israel, and other allies and partners;
(2) the Islamic Republic of Iran has been less than cooperative with
international inspectors from the International Atomic Energy Agency and
has obstructed their ability to inspect facilities as well as data and
recordings collected by surveillance equipment across Iran;
(3) the Islamic Republic of Iran continues to advance missile and
drone programs, which are a threat to the national security of the
United States, Israel, and other allies and partners;
(4) the Islamic Republic of Iran continues to support proxies in the
Middle East in a manner that--
(A) undermines the sovereignty of regional governments;
(B) threatens the safety of United States citizens;
(C) threatens United States allies and partners; and
(D) directly undermines the national security interests of
the United States;
(5) the Islamic Republic of Iran has engaged in assassination plots
against former United States officials and has been implicated in plots
to kidnap United States citizens within the United States;
(6) the Islamic Republic of Iran is engaged in unsafe and
unprofessional maritime activity that threatens the movement of naval
vessels of the United States and the free flow of commerce through
strategic maritime chokepoints in the Middle East and North Africa;
(7) the Islamic Republic of Iran has delivered hundreds of armed
drones to the Russian Federation, which will enable Vladimir Putin to
continue the assault against Ukraine in direct opposition of the
national security interests of the United States; and
(8) the United States must--
(A) ensure that the Islamic Republic of Iran does not
acquire a nuclear weapons capability;
(B) protect against aggression from the Islamic Republic of
Iran manifested through its missiles and drone programs; and
(C) counter regional and global terrorism of the Islamic
Republic of Iran in a manner that minimizes the threat posed by
state and non-state actors to the interests of the United
States.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Appropriations, the Committee on Armed Services, the Committee
on Energy and Natural Resources, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Appropriations, the Committee on Armed Services, the Committee
on Energy and Commerce, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Comprehensive safeguards agreement.--The term ``Comprehensive
Safeguards Agreement'' means the Agreement between the Islamic Republic
of Iran and the International Atomic Energy Agency for the Application
of Safeguards in Connection with the Treaty on the Non-Proliferation of
Nuclear Weapons, done at Vienna June 19, 1973.
(3) Intelligence community.--The term ``intelligence community'' has
the meaning given the term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(4) Task force.--The term ``task force'' means the task force
established under subsection (d).
(5) Unmanned aircraft system.--The term ``unmanned aircraft system''
has the meaning given the term in section 44801 of title 49, United
States Code.
(d) Establishment of Interagency Task Force on Nuclear Activity and Global
Regional Terrorism of the Islamic Republic of Iran.--
(1) Establishment.--The Secretary of State shall establish a task
force to coordinate and synthesize efforts by the United States
Government regarding--
(A) nuclear activity of the Islamic Republic of Iran or its
proxies; and
(B) regional and global terrorism activity by the Islamic
Republic of Iran or its proxies.
(2) Composition.--
(A) Chairperson.--The Secretary of State shall be the
Chairperson of the task force.
(B) Membership.--
(i) In general.--The task force shall be composed of
individuals, each of whom shall be an employee of and
appointed to the task force by the head of one of the
following agencies:
(I) The Department of State.
(II) The Department of Defense.
(III) The Department of Energy.
(ii) Additional members.--The Chairperson may
appoint to the task force additional individuals from
other Federal agencies, as the Chairperson considers
necessary.
(iii) Intelligence community support.--The Director
of National Intelligence shall ensure that the task
force receives all appropriate support from the
intelligence community.
(3) Sunset.--The task force shall terminate on December 31, 2028.
(e) Assessments.--
(1) Intelligence assessment on nuclear activity.--
(A) In general.--Not later than 120 days after the date of
the enactment of this Act, and every 180 days thereafter until
December 31, 2028, the Director of National Intelligence shall
submit to the appropriate congressional committees an assessment
regarding any uranium enrichment, nuclear weapons development,
delivery vehicle development, and associated engineering and
research activities of the Islamic Republic of Iran.
(B) Contents.--The assessment required by subparagraph (A)
shall include--
(i) a description and location of current fuel cycle
activities for the production of fissile material being
undertaken by the Islamic Republic of Iran, including--
(I) research and development activities to
procure or construct additional advanced IR-2,
IR-6 and other model centrifuges and enrichment
cascades, including for stable isotopes;
(II) research and development of
reprocessing capabilities, including--
(aa) reprocessing of spent fuel; and
(bb) extraction of medical isotopes
from irradiated uranium targets;
(III) activities with respect to designing
or constructing reactors, including--
(aa) the construction of heavy water
reactors;
(bb) the manufacture or procurement
of reactor components, including the
intended application of such components;
and
(cc) efforts to rebuild the original
reactor at Arak;
(IV) uranium mining, concentration,
conversion, and fuel fabrication, including--
(aa) estimated uranium ore
production capacity and annual recovery;
(bb) recovery processes and ore
concentrate production capacity and
annual recovery;
(cc) research and development with
respect to, and the annual rate of,
conversion of uranium; and
(dd) research and development with
respect to the fabrication of reactor
fuels, including the use of depleted,
natural, and enriched uranium; and
(V) activities with respect to--
(aa) producing or acquiring
plutonium or uranium (or their alloys);
(bb) conducting research and
development on plutonium or uranium (or
their alloys);
(cc) uranium metal; or
(dd) casting, forming, or machining
plutonium or uranium;
(ii) with respect to any activity described in
clause (i), a description, as applicable, of--
(I) the number and type of centrifuges used
to enrich uranium and the operating status of
such centrifuges;
(II) the number and location of any
enrichment or associated research and
development facility used to engage in such
activity;
(III) the amount of heavy water, in metric
tons, produced by such activity and the
acquisition or manufacture of major reactor
components, including, for the second and
subsequent assessments, the amount produced
since the last assessment;
(IV) the number and type of fuel assemblies
produced by the Islamic Republic of Iran,
including failed or rejected assemblies; and
(V) the total amount of--
(aa) uranium-235 enriched to not
greater than 5 percent purity;
(bb) uranium-235 enriched to greater
than 5 percent purity and not greater
than 20 percent purity;
(cc) uranium-235 enriched to greater
than 20 percent purity and not greater
than 60 percent purity;
(dd) uranium-235 enriched to greater
than 60 percent purity and not greater
than 90 percent purity; and
(ee) uranium-235 enriched greater
than 90 percent purity;
(iii) a description of any weaponization plans and
weapons development capabilities of the Islamic Republic
of Iran, including--
(I) plans and capabilities with respect to--
(aa) weapon design, including
fission, warhead miniaturization, and
boosted and early thermonuclear weapon
design;
(bb) high yield fission development;
(cc) design, development,
acquisition, or use of computer models
to simulate nuclear explosive devices;
(dd) design, development,
fabricating, acquisition, or use of
explosively driven neutron sources or
specialized materials for explosively
driven neutron sources; and
(ee) design, development,
fabrication, acquisition, or use of
precision machining and tooling that
could enable the production of nuclear
explosive device components;
(II) the ability of the Islamic Republic of
Iran to deploy a working or reliable delivery
vehicle capable of carrying a nuclear warhead;
(III) the estimated breakout time for the
Islamic Republic of Iran to develop and deploy a
nuclear weapon, including a crude nuclear
weapon; and
(IV) the status and location of any research
and development work site related to the
preparation of an underground nuclear test;
(iv) an identification of any clandestine nuclear
facilities;
(v) an assessment of whether the Islamic Republic of
Iran maintains locations to store equipment, research
archives, or other material previously used for a
weapons program or that would be of use to a weapons
program that the Islamic Republic of Iran has not
declared to the International Atomic Energy Agency;
(vi) any diversion by the Islamic Republic of Iran
of uranium, carbon-fiber, or other materials for use in
an undeclared or clandestine facility;
(vii) an assessment of activities related to
developing or acquiring the capabilities for the
production of nuclear weapons, conducted at facilities
controlled by the Ministry of Defense and Armed Forces
Logistics of Iran, the Islamic Revolutionary Guard
Corps, and the Organization of Defensive Innovation and
Research, including an analysis of gaps in knowledge;
(viii) a description of activities between the
Islamic Republic of Iran and other countries or persons
with respect to sharing information on, or providing
other forms of support for, the acquisition of a nuclear
weapons capability or activities related to
weaponization;
(ix) with respect to any new ballistic, cruise, or
hypersonic missiles being designed and tested by the
Islamic Republic of Iran or any of its proxies, a
description of--
(I) the type of missile;
(II) the range of such missiles;
(III) the capability of such missiles to
deliver a nuclear warhead;
(IV) the number of such missiles; and
(V) any testing of such missiles;
(x) an assessment of whether the Islamic Republic of
Iran or any of its proxies possesses an unmanned
aircraft system or other military equipment capable of
delivering a nuclear weapon; and
(xi) an assessment of the extent to which the
Islamic Republic of Iran is providing drones, missiles,
or related technology from other countries to its
proxies or partners.
(2) Assessment on support for regional and global terrorism of the
islamic republic of iran.--
(A) In general.--Not later than 120 days after the date of
the enactment of this Act, and annually thereafter until
December 31, 2028, the Director of National Intelligence shall
submit to the appropriate congressional committees an assessment
regarding the regional and global terrorism of the Islamic
Republic of Iran.
(B) Contents.--The assessment required by subparagraph (A)
shall include--
(i) a description of the lethal support of the
Islamic Republic of Iran, including training, equipment,
and associated intelligence support, to regional and
global non-state terrorist groups and proxies;
(ii) a description of the lethal support of the
Islamic Republic of Iran, including training and
equipment, to state actors;
(iii) an assessment of financial support of the
Islamic Republic of Iran to non-state terrorist groups
and proxies and associated Iranian revenue streams
funding such support;
(iv) an assessment of the threat posed by the
Islamic Republic of Iran and Iranian-supported groups to
members of the Armed Forces, diplomats, and military and
diplomatic facilities of the United States;
(v) a description of attacks by, or sponsored by,
the Islamic Republic of Iran against members of the
Armed Forces, diplomats, and military and diplomatic
facilities of the United States and the associated
response by the United States Government in the previous
year;
(vi) a description of attacks by, or sponsored by,
the Islamic Republic of Iran against United States
partners or allies and the associated response by the
United States Government in the previous year;
(vii) an assessment of interference by the Islamic
Republic of Iran into the elections and political
processes of sovereign countries in the Middle East and
North Africa in an effort to create conditions for or
shape agendas more favorable to the policies of the
Government of the Islamic Republic of Iran;
(viii) a description of any plots by the Islamic
Republic of Iran against former and current United
States officials;
(ix) a description of any plots by the Islamic
Republic of Iran against United States citizens both
abroad and within the United States; and
(x) a description of maritime activity of the
Islamic Republic of Iran and associated impacts on the
free flow of commerce and the national security
interests of the United States.
(3) Form; public availability; duplication.--
(A) Form.--Each assessment required by this subsection shall
be submitted in unclassified form but may include a classified
annex for information that, if released, would be detrimental to
the national security of the United States. In addition, any
classified portion may contain an additional annex provided to
the congressional intelligence committees that details
information and analysis that would otherwise disclose sensitive
sources and methods.
(B) Public availability.--The unclassified portion of an
assessment required by this subsection shall be made available
to the public on an internet website of the Office of the
Director of National Intelligence.
(C) Duplication.--For any assessment required by this
subsection, the Director of National Intelligence may rely upon
existing products that reflect the current analytic judgment of
the intelligence community, including reports or products
produced in response to congressional mandate or requests from
executive branch officials.
(f) Diplomatic Strategy to Address Identified Nuclear, Ballistic Missile,
and Terrorism Threats to the United States.--
(1) In general.--Not later than 30 days after the submission of the
initial assessment under subsection (e)(1), and annually thereafter
until December 31, 2028, the Secretary of State, in consultation with
the task force, shall submit to the appropriate congressional committees
a diplomatic strategy that outlines a comprehensive plan for engaging
with partners and allies of the United States regarding uranium
enrichment, nuclear weaponization, missile development, and drone-
related activities and regional and global terrorism of the Islamic
Republic of Iran.
(2) Contents.--The diplomatic strategy required by paragraph (1)
shall include--
(A) an assessment of whether the Islamic Republic of Iran--
(i) is in compliance with the Comprehensive
Safeguards Agreement and modified Code 3.1 of the
Subsidiary Arrangements to the Comprehensive Safeguards
Agreement as well as the nuclear related commitments
endorsed in United Nations Security Council Resolution
2231 (2015); and
(ii) has denied access to sites that the
International Atomic Energy Agency has sought to inspect
during previous 1-year period;
(B) a description of any dual-use item (as defined under
section 730.3 of title 15, Code of Federal Regulations or listed
on the List of Nuclear-Related Dual-Use Equipment, Materials,
Software, and Related Technology issued by the Nuclear Suppliers
Group or any successor list) the Islamic Republic of Iran is
using to further the nuclear weapon, missile, or drone program;
(C) a description of efforts of the United States to counter
efforts of the Islamic Republic of Iran to project political and
military influence into the Middle East;
(D) a description of efforts to address the increased threat
that new or evolving uranium enrichment, nuclear weaponization,
missile, or drone development activities by the Islamic Republic
of Iran pose to United States citizens, the diplomatic presence
of the United States in the Middle East, and the national
security interests of the United States;
(E) a description of efforts to address the threat that
terrorism by, or sponsored by, the Islamic Republic of Iran
poses to United States citizens, the diplomatic presence of the
United States in the Middle East, and the national security
interests of the United States;
(F) a description of efforts to address the impact of the
influence of the Islamic Republic of Iran on sovereign
governments on the safety and security of United States
citizens, the diplomatic presence of the United States in the
Middle East, and the national security interests of the United
States;
(G) a description of a coordinated whole-of-government
approach to use political, economic, and security related tools
to address such activities; and
(H) a comprehensive plan for engaging with allies and
regional partners in all relevant multilateral fora to address
such activities.
(3) Updated strategy related to notification.--Not later than 45
days after the Chairperson determines that there has been a significant
development in the nuclear weapons capability or nuclear weapons
delivery systems capability of the Islamic Republic of Iran, the
Secretary of State shall submit to the appropriate congressional
committees an update to the most recent diplomatic strategy submitted
under paragraph (1).
Subtitle H--Reports
SEC. 5594. MODIFICATION TO PEACEKEEPING OPERATIONS REPORT.
Section 6502 of the National Defense Authorization Act for Fiscal Year 2022
(22 U.S.C. 2348 note) is amended--
(1) in subsection (a)--
(A) by amending paragraph (4) to read as follows:
``(4) As applicable, a description of specific training on
monitoring and adhering to international human rights and humanitarian
law provided to the foreign country or entity receiving the
assistance.''; and
(B) by striking paragraphs (7) and (8);
(2) in subsection (b)--
(A) in the subsection heading, by striking ``on Programs
Under Peacekeeping Operations Account''; and
(B) in paragraph (1), in the matter preceding subparagraph
(A)--
(i) by inserting ``authorized under section 551 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2348)
and'' after ``security assistance''; and
(ii) by striking ``foreign countries'' and all that
follows through the colon and inserting ``foreign
countries for any of the following purposes:'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b), as amended, the following:
``(c) Coordination of Submission.--The Secretary of State is authorized to
integrate the elements of the report required by subsection (b) into other
reports required to be submitted annually to the appropriate congressional
committees.''.
SEC. 5595. REPORT ON INDO-PACIFIC REGION.
(a) In General.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Assistant Secretary of State for the Bureau
of East Asian and Pacific Affairs, in coordination with the Assistant
Secretary of State for the Bureau of South and Central Asian Affairs and
Assistant Administrator for the Bureau for Asia of the United States
Agency for International Development (USAID), shall submit to the
congressional foreign affairs committees a report that contains a 2-year
strategy assessing the resources and activities required to achieve the
policy objectives described in subsection (c).
(2) Submission and update.--The report and strategy required by this
subsection shall--
(A) be submitted at the same time as the submission of the
budget of the President (submitted to Congress pursuant to
section 1105 of title 31, United States Code) for fiscal year
2024; and
(B) be updated and submitted at the same time as the
submission of the budget of the President (submitted to Congress
pursuant to section 1105 of title 31, United States Code) for
fiscal years 2026, 2028, and 2030.
(b) Criteria.--The report and strategy required in subsection (a) shall be
developed in accordance with the following criteria:
(1) It shall reflect the objective, autonomous, and independent
assessment of the activities, resources, and costs required to achieve
objectives detailed in subsection (c) by the principals, the subordinate
and parallel offices providing input into the assessment.
(2) It shall cover a period of five fiscal years, beginning with the
fiscal year following the fiscal year in which the report is submitted.
(3) It shall incorporate input from United States Ambassadors in the
Indo-Pacific region provided explicitly for the required report.
(4) It may include information gathered through consultation with
program offices and subject matter experts in relevant functional
bureaus, as deemed necessary by the principals.
(5) It shall not be subject to fiscal guidance or global strategic
tradeoffs associated with the annual President's budget request.
(c) Policy Objectives.--The report and strategy required in subsection (a)
shall assess the activities and resources required to achieve the following
policy objectives:
(1) Implementing the Interim National Security Strategic Guidance,
or the most recent National Security Strategy, with respect to the Indo-
Pacific region.
(2) Implementing the 2022 Indo-Pacific Strategy, or successor
documents, that set forth the United States Government strategy toward
the Indo-Pacific region.
(3) Implementing the State-USAID Joint Strategic Plan with respect
to the Indo-Pacific region.
(4) Enhancing meaningful diplomatic and economic relations with
allies and partners in the Indo-Pacific and demonstrate an enduring
United States commitment to the region.
(5) Securing and advancing United States national interests in the
Indo-Pacific, including through countering the malign influence of the
Government of the People's Republic of China.
(d) Matters to Be Included.--The report and strategy required under
subsection (a) shall include the following:
(1) A description of the Bureaus' bilateral and multilateral goals
for the period covered in the report that the principals deem necessary
to accomplish the objectives outlined in subsection (c), disaggregated
by country and forum.
(2) A timeline with annual benchmarks for achieving the objectives
described in subsection (c).
(3) An assessment of the sufficiency of United States diplomatic
personnel and facilities currently available in the Indo-Pacific region
to achieve the objectives outlined in subsection (c), through
consultation with United States embassies in the region. The assessment
shall include:
(A) A list, in priority order, of locations in the Indo-
Pacific region that require additional diplomatic personnel or
facilities.
(B) A description of locations where the United States may
be able to collocate diplomatic personnel at allied or partner
embassies and consulates.
(C) A discussion of embassies or consulates where diplomatic
staff could be reduced within the Indo-Pacific region, where
appropriate.
(D) A detailed description of the fiscal and personnel
resources required to fill gaps identified.
(4) A detailed plan to expand United States diplomatic engagement
and foreign assistance presence in the Pacific Island nations within the
next five years, including a description of ``quick impact'' programs
that can be developed and implemented within the first fiscal year of
the period covered in the report.
(5) A discussion of the resources needed to enhance United States
strategic messaging and spotlight coercive behavior by the People's
Republic of China.
(6) A detailed description of the resources and policy tools needed
to expand the United States ability to offer high-quality infrastructure
projects in strategically significant parts of the Indo-Pacific region,
with a particular focus on expanding investments in Southeast Asia and
the Pacific Islands.
(7) A gap assessment of security assistance by country, and of the
resources needed to fill those gaps.
(8) A description of the resources and policy tools needed to
facilitate continued private sector investment in partner countries in
the Indo-Pacific.
(9) A discussion of any additional bilateral or regional assistance
resources needed to achieve the objectives outlined in subsection (c),
as deemed necessary by the principals.
(e) Form.--The report required under subsection (a) shall be submitted in an
unclassified form, but may include a classified annex.
(f) Availability.--Not later than February 1 each year, the Assistant
Secretary for East Asian and Pacific Affairs shall make the report and strategy
available to the Secretary of State, the Administrator of the USAID, the Deputy
Secretary of State, the Deputy Secretary of State for Management and Resources,
the Deputy Administrator for Policy and Programming, the Deputy Administrator
for Management and Resources, the Under Secretary of State for Political
Affairs, the Director of the Office of Foreign Assistance at the Department of
State, the Director of the Bureau of Foreign Assistance at the USAID, and the
Director of Policy Planning.
(g) Definitions.--In this section:
(1) Indo-pacific region.--The term ``Indo-Pacific region'' means the
countries under the jurisdiction of the Bureau for East Asian and
Pacific Affairs, as well as the countries of Bangladesh, Bhutan, India,
Maldives, Nepal, Pakistan, and Sri Lanka.
(2) Foreign affairs committees.--The term ``foreign affairs
committees'' means--
(A) the Committee on Foreign Relations and the Subcommittee
on State, Foreign Operations, and Related Programs of the
Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the Subcommittee on
State, Foreign Operations, Related Programs of the Committee on
Appropriations of the House of Representatives.
(3) Principals.--The term ``principals'' means the Assistant
Secretary of State for the Bureau of East Asian and Pacific Affairs, the
Assistant Secretary of State for the Bureau of South and Central Asian
Affairs, and the Assistant Administrator for the Bureau for Asia of the
United States Agency for International Development.
SEC. 5596. REPORT ON HUMANITARIAN SITUATION AND FOOD SECURITY IN LEBANON.
(a) Report Required.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of State, in consultation with the Secretary of
Defense and in coordination with the Administrator of the United States Agency
for International Development, shall submit to the appropriate congressional
committees a report that contains an evaluation of the humanitarian situation in
Lebanon, as well as the impact of the deficit of wheat imports due to Russia's
further invasion of Ukraine, initiated on February 24, 2022.
(b) Elements.--The report required by subsection (a) shall include the
following elements:
(1) The projected increase in malnutrition in Lebanon.
(2) The estimated increase in the number of food insecure
individuals in Lebanon.
(3) The estimated number of individuals who will be faced with acute
malnutrition due to food price inflation in Lebanon.
(4) Actions United States Government allies and partners are taking
to address the matters described in paragraphs (1), (2), and (3).
(5) The potential impact of food insecurity in Lebanon on Department
of Defense goals and objectives in Lebanon.
(c) Form of Report.--The report required by subsection (a) shall be
submitted in an unclassified form, but may contain a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section, the term
``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on Foreign
Relations, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House of
Representatives.
SEC. 5597. STATEMENT OF POLICY AND REPORT ON ENGAGING WITH NIGER.
(a) Statement of Policy.--It is the policy of the United States to--
(1) continue to support Niger's efforts to advance democracy, good
governance, human rights, and regional security within its borders
through bilateral assistance and multilateral initiatives;
(2) enhance engagement and cooperation with the Nigerien Government
at all levels as a key component of stabilizing the Sahel, where
frequent coups and other anti-democratic movements, food insecurity,
violent extremism, and armed conflict threaten to further weaken
governments throughout the region; and
(3) work closely with partners and allies throughout the
international community to elevate Niger, which experienced its first
democratic transition of power in 2021, as an example of transitioning
from longstanding military governance and a cycle of coups to a
democratic, civilian-led form of government.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the heads of
relevant departments and agencies, shall submit to the appropriate congressional
committees a report on interagency efforts to enhance United States engagement
with Niger as a key component of the United States Strategy toward the Sahel.
Such report shall also include the following information with respect to the 2
fiscal years preceding the date of the submission of the report:
(1) A description of United States efforts to promote democracy,
political pluralism, fiscal transparency and other good governance
initiatives, human rights and the rule of law, and a robust and engaged
civil society.
(2) A full, detailed breakdown of United States assistance provided
to help the Nigerien Government develop a comprehensive national
security strategy, including to counter terrorism, regional and
transnational organized crime, intercommunal violence, and other forms
of armed conflict, criminal activity, and other threats to United States
and Nigerien national security.
(3) An analysis of relevant resources at the United States Embassy
in Niamey, including whether staff in place by the end of the current
fiscal year will be sufficient to meet various country and regional
strategic objectives.
(4) An overview of foreign partner support for Niger's intelligence
and security sector.
(5) A detailed description of United States and international
efforts to address food insecurity in Niger, including that which is
caused by deforestation, desertification, and other climate change-
related issues.
(6) A breakdown of United States funds obligated for humanitarian
assistance in Niger, and an analysis of how the security situation in
Niger has affected humanitarian operations and diplomatic engagement
throughout the country.
(7) An assessment of foreign malign influence in Niger, with a
specific focus on the People's Republic of China, the Russian
Federation, and their proxies.
(c) Form.--The report required by subsection (b) shall be submitted in
unclassified form, and may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section, the term
``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on Financial
Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
SEC. 5598. REPORT ON BILATERAL SECURITY AND LAW ENFORCEMENT COOPERATION WITH
MEXICO.
(a) In General.--Not later than 180 days after the date of the enactment of
this Act, the President shall submit to the appropriate congressional committees
a report that includes the following:
(1) A description of past and current bilateral security and law
enforcement cooperation with Mexico, including through United States
Northern Command, the Department of Homeland Security, the Department of
Justice (including the Drug Enforcement Administration), and the
Department of State (including the Bureau of International Narcotics and
Law Enforcement Affairs), including over the preceding 10 years.
(2) A summary of efforts of the Government of Mexico to reduce
impunity and strengthen judicial processes for violent crimes and
cartels across Mexico and along the United States-Mexico border.
(3) A description and mapping of increasing cartel control over
Mexican territory and its impacts on United States national security.
(4) An assessment of any changes in Mexico's electoral and
democratic institutions, including their ability to ensure
accountability for human rights violations, and its impacts on national
security.
(b) Form.--The report required by subsection (a) shall be submitted in
unclassified form, but may include a classified annex. The unclassified portion
of such report shall be published on a publicly available website of the Federal
government.
(c) Appropriate Congressional Committees Defined.--In this section, the term
``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations, the Select Committee on
Intelligence, the Committee on Homeland Security and Governmental
Affairs, and the Committee on the Judiciary of the Senate; and
(3) the Committee on Foreign Affairs, the Permanent Select Committee
on Intelligence, the Committee on Homeland Security, and the Committee
on the Judiciary of the House of Representatives.
SEC. 5599. REPORT ON CHINESE SUPPORT TO RUSSIA WITH RESPECT TO ITS UNPROVOKED
INVASION OF AND FULL-SCALE WAR AGAINST UKRAINE.
(a) In General.--Not later than 30 days after the date of the enactment of
this Act, and every 90 days thereafter until the sunset specified in subsection
(d), the Secretary of State, in consultation with the Secretary of Commerce and
the Director of National Intelligence as appropriate, shall submit to the
appropriate congressional committees a report on whether and how the People's
Republic of China (PRC), including the Government of the PRC, the Chinese
Communist Party, any PRC state-owned enterprise, and any other PRC entity, has
provided support to the Russian Federation with respect to its unprovoked
invasion of and full-scale war against Ukraine.
(b) Matters to Be Included.--The report required by subsection (a) shall
include a discussion of the support provided by the PRC to the Russian
Federation with respect to--
(1) helping the Government of Russia or Russian entities evade or
circumvent United States sanctions or multilateral sanctions and export
controls;
(2) deliberately inhibiting on-site United States Government export
control end-use checks, including interviews and investigations, in the
PRC;
(3) providing Russia with any technology, including semiconductors
classified as EAR99, that supports Russian intelligence or military
capabilities;
(4) establishing economic or financial arrangements that will have
the effect of alleviating the impact of United States sanctions or
multilateral sanctions;
(5) furthering Russia's disinformation and propaganda efforts;
(6) coordinating to hinder the response of multilateral
organizations, including the United Nations, to provide assistance to
the people or Government of Ukraine, to condemn Russia's war, to hold
Russia accountable for the invasion and its prosecution of the war, or
to hold those complicit accountable; and
(7) providing any material, technical, or logistical support,
including to Russian military or intelligence agencies and state-owned
or state-linked enterprises.
(c) Form.--
(1) In general.--The report required by subsection (a) shall be
submitted in unclassified form and published on a publicly available
website of the Department of State.
(2) Exception.--If the Secretary, in consultation with the Director
of National Intelligence, certifies to the appropriate congressional
committees that the Secretary is unable to include an element required
under any of paragraphs (1) through (7) of subsection (b) in an
unclassified manner, the Secretary shall provide in unclassified form an
affirmative or negative determination with respect to whether the
People's Republic of China is supporting the Russian Federation in the
manner described in each applicable such paragraph and concurrently
provide the discussion of that element to the appropriate congressional
committees at the lowest possible classification level, consistent with
the protection of sources and methods.
(d) Sunset.--The requirement to submit the report under subsection (a) shall
terminate on the earlier of--
(1) the date on which the Secretary of State determines the conflict
in Ukraine has ended; or
(2) the date that is 2 years after the date of the enactment of this
Act.
(e) Appropriate Congressional Committees Defined.--In this section, the term
``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations, the Committee on Banking,
Housing, and Urban Affairs, and the Select Committee on Intelligence of
the Senate; and
(3) the Committee on Foreign Affairs, the Committee on Ways and
Means, and the Permanent Select Committee on Intelligence of the House
of Representatives.
SEC. 5599A. FEASIBILITY STUDY ON UNITED STATES SUPPORT FOR AND PARTICIPATION IN
THE INTERNATIONAL COUNTERTERRORISM ACADEMY IN COTE D'IVOIRE.
(a) Statement of Policy.--It is the policy of the United States to partner
with West African governments where possible to mitigate and counter growing
regional insecurity resulting from the spread of armed conflict and terrorism,
including by providing assistance to train, equip, and mentor West African
security services to counter threats to regional and national security through a
whole-of-government approach.
(b) Feasibility Study.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense, shall conduct a feasibility study regarding the provision
of United States assistance for infrastructure, training, equipment, and other
forms of support to institutionalize the International Counterterrorism Academy
(Academie Internationale de Lutte Contre le Terrorisme or AILCT) in Jacqueville,
Cote d'Ivoire that--
(1) provides a legal analysis of existing authorities to provide
United States foreign assistance dedicated to the development and
establishment of AILCT programs, initiatives, and infrastructure for the
purposes of training, equipping, and mentoring eligible West African
security services bilaterally or in coordination with partners and
allies;
(2) identifies opportunities for the United States to leverage and
support the AILCT facility to pursue national security interests in West
Africa, the Sahel, sub-Saharan Africa, and the strategic Atlantic Ocean
coastal and maritime environments, including through training and
research activities, infrastructure development, combatting
transnational terrorist and organized crime threats, and countering
foreign malign influence throughout the region; and
(3) assesses any planned and pledged contributions from other
countries to ensure appropriate sustainment of the facilities and burden
sharing.
(c) Forms.--The feasibility study required by subsection (b) shall be
submitted in unclassified form, but may contain a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section, the term
``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on Armed
Services, and the Committee on Appropriations of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on Armed
Services, and the Committee on Appropriations of the House of
Representatives.
SEC. 5599B. CONSULTATIONS ON REUNITING KOREAN AMERICANS WITH FAMILY MEMBERS IN
NORTH KOREA.
(a) Consultations.--
(1) Consultations with south korea.--The Secretary of State, or a
designee of the Secretary, should consult with officials of South Korea,
as appropriate, on potential opportunities to reunite Korean American
families with family members in North Korea from which such Korean
American families were divided after the signing of the Korean War
Armistice Agreement, including potential opportunities for video
reunions for Korean Americans with such family members.
(2) Consultations with korean americans.--The Special Envoy on North
Korean Human Rights Issues of the Department of State should regularly
consult with representatives of Korean Americans who have family members
in North Korea with respect to efforts to reunite families divided after
the signing of the Korean War Armistice Agreement, including potential
opportunities for video reunions for Korean Americans with such family
members.
(b) Report.--Not later than 120 days after the date of the enactment of this
Act, and annually thereafter for three years, the Secretary of State, acting
through the Special Envoy on North Korean Human Rights Issues or other
appropriate designee, shall submit to the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations of the Senate a
report on the consultations conducted pursuant to this section during the
preceding year.
Subtitle I--Sense of Congress Provisions
SEC. 5599C. SENSE OF CONGRESS REGARDING THE STATUS OF CHINA.
It is the sense of Congress that--
(1) the People's Republic of China is a fully industrialized nation
and no longer a developing nation; and
(2) any international agreement that provides or accords China a
favorable status or treatment as a ``developing nation'' should be
updated to reflect the status of China.
SEC. 5599D. SENSE OF CONGRESS REGARDING ISRAEL.
It is the sense of Congress that--
(1) since 1948, Israel has been one of the strongest friends and
allies of the United States;
(2) Israel is a stable, democratic country in a region often marred
by turmoil;
(3) it is essential to the strategic interest of the United States
to continue to offer security assistance and related support to Israel;
and
(4) such assistance and support is especially vital as Israel
confronts a number of potential challenges at the present time,
including continuing threats from Iran.
SEC. 5599E. SENSE OF CONGRESS RELATING TO THE NATO PARLIAMENTARY ASSEMBLY.
It is the sense of Congress that the United States should--
(1) proactively engage with the North Atlantic Treaty Organization
(NATO) Parliamentary Assembly (PA) and its member delegations;
(2) communicate with and educate the public on the benefits and
importance of NATO and NATO PA; and
(3) support increased inter-democracy and inter-parliamentary
cooperation on countering misinformation and disinformation.
SEC. 5599F. CONDEMNING DETENTION AND INDICTMENT OF RUSSIAN OPPOSITION LEADER
VLADIMIR VLADIMIROVICH KARA-MURZA.
(a) Findings.--Congress finds the following:
(1) Vladimir Vladimirovich Kara-Murza (referred to in this section
as ``Mr. Kara-Murza'') has tirelessly worked for decades to advance the
cause of freedom, democracy, and human rights for the people of the
Russian Federation.
(2) In retaliation for his advocacy, two attempts have been made on
Mr. Kara-Murza's life, as--
(A) on May 26, 2015, Mr. Kara-Murza fell ill with symptoms
indicative of poisoning and was hospitalized; and
(B) on February 2, 2017, he fell ill with similar symptoms
and was placed in a medically induced coma.
(3) Independent investigations conducted by Bellingcat, the Insider,
and Der Spiegel found that the same unit of the Federal Security Service
of the Russian Federation responsible for poisoning Mr. Kara-Murza was
responsible for poisoning Russian opposition leader Alexei Navalny and
activists Timur Kuashev, Ruslan Magomedragimov, and Nikita Isayev.
(4) On February 24, 2022, Vladimir Putin launched another
unprovoked, unjustified, and illegal invasion into Ukraine in
contravention of the obligations freely undertaken by the Russian
Federation to respect the territorial integrity of Ukraine under the
Budapest Memorandum of 1994, the Minsk protocols of 2014 and 2015, and
international law.
(5) On March 5, 2022, Vladimir Putin signed a law criminalizing the
distribution of truthful statements about the invasion of Ukraine by the
Russian Federation and mandating up to 15 years in prison for such
offenses.
(6) Since February 24, 2022, Mr. Kara-Murza has used his voice and
platform to join more than 15,000 citizens of the Russian Federation in
peacefully protesting the war against Ukraine and millions more who
silently oppose the war.
(7) On April 11, 2022, five police officers arrested Mr. Kara-Murza
in front of his home and denied his right to an attorney, and the next
day Mr. Kara-Murza was sentenced to 15 days in prison for disobeying a
police order.
(8) On April 22, 2022, the Investigative Committee of the Russian
Federation charged Mr. Kara-Murza with violations under the law signed
on March 5, 2022, for his fact-based statements condemning the invasion
of Ukraine by the Russian Federation.
(9) Mr. Kara-Murza was then placed into pretrial detention and
ordered to be held until at least June 12, 2022.
(10) If convicted of those charges, Mr. Kara-Murza faces detention
in a penitentiary system that human rights nongovernmental organizations
have criticized for widespread torture, ill-treatment, and suspicious
deaths of prisoners.
(b) Sense of Congress.--It is the sense of Congress that Congress--
(1) condemns the unjust detention and indicting of Russian
opposition leader Vladimir Vladimirovich Kara-Murza, who has
courageously stood up to oppression in the Russian Federation;
(2) expresses solidarity with Vladimir Vladimirovich Kara-Murza, his
family, and all individuals in the Russian Federation imprisoned for
exercising their fundamental freedoms of speech, assembly, and belief;
(3) urges the United States Government and other allied governments
to work to secure the immediate release of Vladimir Vladimirovich Kara-
Murza, Alexei Navalny, and other citizens of the Russian Federation
imprisoned for opposing the regime of Vladimir Putin and the war against
Ukraine; and
(4) calls on the President to increase support provided by the
United States Government for those advocating for democracy and
independent media in the Russian Federation, which Vladimir
Vladimirovich Kara-Murza has worked to advance.
SEC. 5599G. SENSE OF CONGRESS REGARDING DEVELOPMENT OF NUCLEAR WEAPONS BY IRAN.
Congress--
(1) reiterates its commitment to ensuring Iran will never acquire a
nuclear weapon;
(2) supports the important work of the International Atomic Energy
Agency (IAEA) in safeguarding nuclear material around the globe;
(3) condemns Iran for its lack of transparency and meaningful
cooperation with the IAEA on the unresolved matter of uranium particles
discovered at undeclared sites in Iran and additional escalatory actions
related to its nuclear program; and
(4) applauds the IAEA Board of Governors' resolution urging Iran's
full cooperation with the IAEA on outstanding safeguards issues on an
urgent basis.
TITLE LVI--TRANSPORTATION AND INFRASTRUCTURE
Sec. 5601. Designation of small State and rural advocate.
Sec. 5602. Flexibility.
Sec. 5603. Preliminary damage assessment.
Sec. 5604. Letter of deviation authority.
Sec. 5605. Recognizing FEMA support.
SEC. 5601. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.
(a) In General.--Section 326(c) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5165d) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) assist States in the collection and presentation of material
in the disaster or emergency declaration request relevant to demonstrate
severe localized impacts within the State for a specific incident,
including--
``(A) the per capita personal income by local area, as
calculated by the Bureau of Economic Analysis;
``(B) the disaster impacted population profile, as reported
by the Bureau of the Census, including--
``(i) the percentage of the population for whom
poverty status is determined;
``(ii) the percentage of the population already
receiving Government assistance such as Supplemental
Security Income and Supplemental Nutrition Assistance
Program benefits;
``(iii) the pre-disaster unemployment rate;
``(iv) the percentage of the population that is 65
years old and older;
``(v) the percentage of the population 18 years old
and younger;
``(vi) the percentage of the population with a
disability;
``(vii) the percentage of the population who speak a
language other than English and speak English less than
`very well'; and
``(viii) any unique considerations regarding
American Indian and Alaskan Native Tribal populations
raised in the State's request for a major disaster
declaration that may not be reflected in the data points
referenced in this subparagraph;
``(C) the impact to community infrastructure, including--
``(i) disruptions to community life-saving and life-
sustaining services;
``(ii) disruptions or increased demand for essential
community services; and
``(iii) disruptions to transportation,
infrastructure, and utilities; and
``(D) any other information relevant to demonstrate severe
local impacts; and''.
(b) GAO Review of a Final Rule.--
(1) In general.--The Comptroller General of the United States shall
conduct a review of the Federal Emergency Management Agency's
implementation of its final rule, published on March 21, 2019, amending
section 206.48(b) of title 44, Code of Federal Regulations (regarding
factors considered when evaluating a Governor's request for a major
disaster declaration), which revised the factors that the Agency
considers when evaluating a Governor's request for a major disaster
declaration authorizing individual assistance under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq).
(2) Scope.--The review required under paragraph (1) shall include
the following:
(A) An assessment of the criteria used by the Agency to
assess individual assistance requests following a major disaster
declaration authorizing individual assistance.
(B) An assessment of the consistency with which the Agency
uses the updated Individual Assistance Declaration Factors when
assessing the impact of individual communities after a major
disaster declaration.
(C) An assessment of the impact, if any, of using the
updated Individual Assistance Declaration Factors has had on
equity in disaster recovery outcomes.
(D) Recommendations to improve the use of the Individual
Assistance Declaration Factors to increase equity in disaster
recovery outcomes.
(3) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report on the review required under this section.
SEC. 5602. FLEXIBILITY.
(a) In General.--Section 1216(a) of the Disaster Recovery Reform Act of 2018
(42 U.S.C. 5174a(a)) is amended--
(1) by amending paragraph (2)(A) to read as follows:
``(A) except as provided in subparagraph (B), shall--
``(i) waive a debt owed to the United States related
to covered assistance provided to an individual or
household if the covered assistance was distributed
based on an error by the Agency and such debt shall be
construed as a hardship; and
``(ii) waive a debt owed to the United States
related to covered assistance provided to an individual
or household if such assistance is subject to a claim or
legal action, including in accordance with section of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5160); and''; and
(2) in paragraph (3)(B)--
(A) by striking ``Removal of'' and inserting ``Report on'';
and
(B) in clause (ii) by striking ``the authority of the
Administrator to waive debt under paragraph (2) shall no longer
be effective'' and inserting ``the Administrator shall report to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate actions that the
Administrator will take to reduce the error rate''.
(b) Report to Congress.--The Administrator of the Federal Emergency
Management Agency shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report containing a
description of the internal processes used to make decisions regarding the
distribution of covered assistance under section 1216 of the Disaster Recovery
and Reform Act of 2018 (42 U.S.C. a) and any changes made to such processes.
SEC. 5603. PRELIMINARY DAMAGE ASSESSMENT.
(a) Findings.--Congress finds the following:
(1) Preliminary damage assessments play a critical role in assessing
and validating the impact and magnitude of a disaster.
(2) Through the preliminary damage assessment process,
representatives from the Federal Emergency Management Agency validate
information gathered by State and local officials that serves as the
basis for disaster assistance requests.
(3) Various factors can impact the duration of a preliminary damage
assessment and the corresponding submission of a major disaster request,
however, the average time between when a disaster occurs, and the
submission of a corresponding disaster request has been found to be
approximately twenty days longer for flooding disasters.
(4) With communities across the country facing increased instances
of catastrophic flooding and other extreme weather events, accurate and
efficient preliminary damage assessments have become critically
important to the relief process for impacted States and municipalities.
(b) Report to Congress.--
(1) In general.--Not later than 90 days after the date of enactment
of this Act, the Administrator of the Federal Emergency Management
Agency shall submit to Congress a report describing the preliminary
damage assessment process, as supported by the Federal Emergency
Management Agency in the 5 years before the date of enactment of this
Act.
(2) Contents.--The report described in paragraph (1) shall contain
the following:
(A) The process of the Federal Emergency Management Agency
for deploying personnel to support preliminary damage
assessments.
(B) The number of Agency staff participating on disaster
assessment teams.
(C) The training and experience of such staff described in
subparagraph (B).
(D) A calculation of the average amount of time disaster
assessment teams described in subparagraph (A) are deployed to a
disaster area.
(E) The efforts of the Agency to maintain a consistent
liaison between the Agency and State, local, tribal, and
territorial officials within a disaster area.
(c) Preliminary Damage Assessment.--
(1) In general.--Not later than 6 months after the date of enactment
of this Act, the Administrator of the Federal Emergency Management
Agency shall convene an advisory panel consisting of emergency
management personnel employed by State, local, territorial, or tribal
authorities, and the representative organizations of such personnel to
assist the Agency in improving critical components of the preliminary
damage assessment process.
(2) Membership.--
(A) In general.--This advisory panel shall consist of at
least 2 representatives from national emergency management
organizations and at least 1 representative from each of the 10
regions of the Federal Emergency Management Agency, selected
from emergency management personnel employed by State, local,
territorial, or tribal authorities within each region.
(B) Inclusion on panel.--To the furthest extent practicable,
representation on the advisory panel shall include emergency
management personnel from both rural and urban jurisdictions.
(3) Considerations.--The advisory panel convened under paragraph (1)
shall--
(A) consider--
(i) establishing a training regime to ensure
preliminary damage assessments are conducted and
reviewed under consistent guidelines;
(ii) utilizing a common technological platform to
integrate data collected by State and local governments
with data collected by the Agency; and
(iii) assessing instruction materials provided by
the Agency for omissions of pertinent information or
language that conflicts with other statutory
requirements; and
(B) identify opportunities for streamlining the
consideration of preliminary damage assessments by the Agency,
including eliminating duplicative paperwork requirements and
ensuring consistent communication and decision making among
Agency staff.
(4) Interim report.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit to Congress a
report regarding the findings of the advisory panel, steps that will be
undertaken by the Agency to implement the findings of the advisory
panel, and additional legislation that may be necessary to implement the
findings of the advisory panel.
(5) Rulemaking and final report.--Not later than 2 years after the
date of enactment of this Act, the Administrator shall issue such
regulations as are necessary to implement the recommendations of the
advisory panel and submit to Congress a report discussing--
(A) the implementation of recommendations from the advisory
panel;
(B) the identification of any additional challenges to the
preliminary damage assessment process, including whether
specific disasters result in longer preliminary damage
assessments; and
(C) any additional legislative recommendations necessary to
improve the preliminary damage assessment process.
SEC. 5604. LETTER OF DEVIATION AUTHORITY.
A flight instructor, registered owner, lessor, or lessee of an aircraft
shall not be required to obtain a letter of deviation authority from the
Administrator of the Federal Aviation Administration to allow, conduct or
receive flight training, checking, and testing in an experimental aircraft if--
(1) the flight instructor is not providing both the training and the
aircraft;
(2) no person advertises or broadly offers the aircraft as available
for flight training, checking, or testing; and
(3) no person receives compensation for use of the aircraft for a
specific flight during which flight training, checking, or testing was
received, other than expenses for owning, operating, and maintaining the
aircraft.
SEC. 5605. RECOGNIZING FEMA SUPPORT.
Congress finds the following:
(1) The Federal Emergency Management Agency provides vital support
to communities and disaster survivors in the aftermath of major
disasters, including housing assistance for individuals and families
displaced from their homes.
(2) The Federal Emergency Management Agency should be encouraged to
study the idea integrating collapsible shelters for appropriate non-
congregate sheltering needs into the disaster preparedness stockpile.
TITLE LVII--FINANCIAL SERVICES MATTERS
TITLE LVII--FINANCIAL SERVICES MATTERS
Sec. 5701. United States policy on World Bank Group and Asian
Development Bank assistance to the People's
Republic of China.
Sec. 5702. Support for international initiatives to provide debt
restructuring or relief to developing
countries with unsustainable levels of
debt.
Sec. 5703. Ukraine debt payment relief.
Sec. 5704. Isolate Russian Government Officials Act of 2022.
Sec. 5705. Fair hiring in banking.
Sec. 5706. Banking Transparency for Sanctioned Persons Act of 2022.
Sec. 5707. Flexibility in addressing rural homelessness.
Sec. 5708. Master account and services database.
SEC. 5701. UNITED STATES POLICY ON WORLD BANK GROUP AND ASIAN DEVELOPMENT BANK
ASSISTANCE TO THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Title XVI of the International Financial Institutions Act
(22 U.S.C. 262p et seq.) is amended by adding at the end the following:
``SEC. 1632. UNITED STATES POLICY ON WORLD BANK GROUP AND ASIAN DEVELOPMENT BANK
ASSISTANCE TO THE PEOPLE'S REPUBLIC OF CHINA.
``(a) In General.--The Secretary of the Treasury shall instruct the United
States Executive Director at each international financial institution of the
World Bank Group and at the Asian Development Bank to use the voice and vote of
the United States at the respective institution to vote against the provision of
any loan, extension of financial assistance, or technical assistance to the
People's Republic of China unless the Secretary of the Treasury has certified to
the appropriate congressional committees that--
``(1) the Government of the People's Republic of China and any
lender owned or controlled by the Government of the People's Republic of
China have demonstrated a commitment--
``(A) to the rules and principles of the Paris Club, or of
other similar coordinated multilateral initiatives on debt
relief and debt restructuring in which the United States
participates, including with respect to debt transparency and
appropriate burden-sharing among all creditors;
``(B) to the practice of presumptive public disclosure of
the terms and conditions on which they extend credit to other
governments (without regard to the form of any such extension of
credit);
``(C) not to enforce any agreement terms that may impair
their own or the borrowers' capacity fully to implement any
commitment described in subparagraph (A) or (B); and
``(D) not to enter into any agreement containing terms that
may impair their own or the borrowers' capacity fully to
implement any commitment described in subparagraph (A) or (B);
or
``(2) the loan or assistance is important to the national interest
of the United States, as described in a detailed explanation by the
Secretary to accompany the certification.
``(b) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term `appropriate
congressional committees' means the Committee on Financial Services of
the House of Representatives and the Committee on Foreign Relations of
the Senate.
``(2) World bank group.--The term `World Bank Group' means the
International Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation, and the
Multilateral Investment Guarantee Agency.''.
(b) Sunset.--The amendment made by subsection (a) is repealed effective on
the date that is 7 years after the effective date of this section.
SEC. 5702. SUPPORT FOR INTERNATIONAL INITIATIVES TO PROVIDE DEBT RESTRUCTURING
OR RELIEF TO DEVELOPING COUNTRIES WITH UNSUSTAINABLE LEVELS OF
DEBT.
(a) In General.--Title XVI of the International Financial Institutions Act
(22 U.S.C. 262p et seq.), as amended by section 5701, is further amended by
adding at the end the following:
``SEC. 1633. SUPPORT FOR INTERNATIONAL INITIATIVES TO PROVIDE DEBT RESTRUCTURING
OR RELIEF TO DEVELOPING COUNTRIES WITH UNSUSTAINABLE LEVELS OF
DEBT.
``(a) Debt Relief.--The Secretary of the Treasury, in consultation with the
Secretary of State, shall--
``(1) engage with international financial institutions, the G20, and
official and commercial creditors to advance support for prompt and
effective implementation and improvement of the Common Framework for
Debt Treatments beyond the DSSI (in this section referred to as the
`Common Framework'), or any successor framework or similar coordinated
international debt treatment process in which the United States
participates through the establishment and publication of clear and
accountable--
``(A) debt treatment benchmarks designed to achieve debt
sustainability for each participating debtor;
``(B) standards for appropriate burden-sharing among all
creditors with material claims on each participating debtor,
without regard for their official, private, or hybrid status;
``(C) robust debt disclosure by creditors, including the
People's Republic of China, and debtor countries, including
inter-creditor data-sharing and, to the maximum extent
practicable, public disclosure of material terms and conditions
of claims on participating debtors;
``(D) expansion of Common Framework country eligibility to
lower middle-income countries who otherwise meet the existing
criteria;
``(E) improvements to the Common Framework process with the
aim of ensuring access to debt relief in a timely manner for
those countries eligible and who request treatment; and
``(F) consistent enforcement and improvement of the policies
of multilateral institutions relating to asset-based and
revenue-based borrowing by participating debtors, and
coordinated standards on restructuring collateralized debt;
``(2) engage with international financial institutions and official
and commercial creditors to advance support, as the Secretary finds
appropriate, for debt restructuring or debt relief for each
participating debtor, including, on a case-by- case basis, a debt
standstill, if requested by the debtor country through the Common
Framework process from the time of conclusion of a staff-level agreement
with the International Monetary Fund, and until the conclusion of a
memorandum of understanding with its creditor committee pursuant to the
Common Framework, or any successor framework or similar coordinated
international debt treatment process in which the United States
participates; and
``(3) instruct the United States Executive Director at the
International Monetary Fund and the United States Executive Director at
the World Bank to use the voice and vote of the United States to advance
the efforts described in paragraphs (1) and (2).
``(b) Reporting Requirement.--Not later than 120 days after the date of the
enactment of this section, and annually thereafter, the Secretary of the
Treasury, in coordination with the Secretary of State, shall submit to the
Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the
Senate and the Committees on Financial Services and Foreign Affairs of the House
of Representatives a report that describes--
``(1) any actions that have been taken, in coordination with
international financial institutions, by official creditors, including
the government of, and state-owned enterprises in, the People's Republic
of China, and relevant commercial creditor groups to advance debt
restructuring or relief for countries with unsustainable debt that have
sought restructuring or relief under the Common Framework, any successor
framework or mechanism, or under any other coordinated international
arrangement for sovereign debt restructuring in which the United States
participates;
``(2) any implementation challenges that hinder the ability of the
Common Framework to provide timely debt restructuring for any country
with unsustainable debt that seeks debt restructuring or debt payment
relief, including any refusal of a creditor to participate in
appropriate burden-sharing, including failure to share (or publish, as
appropriate) all material information needed to assess debt
sustainability; and
``(3) recommendations on how to address any challenges identified in
paragraph (2).''.
(b) Sunset.--The amendment made by subsection (a) is repealed effective on
the date that is 5 years after the effective date of this section.
SEC. 5703. UKRAINE DEBT PAYMENT RELIEF.
(a) Suspension of Multilateral Debt Payments of Ukraine.--
(1) United states position in the international financial
institutions.--The Secretary of the Treasury shall instruct the United
States Executive Director at each international financial institution
(as defined in section 1701(c)(2) of the International Financial
Institutions Act) to use the voice, vote, and influence of the United
States to advocate that the respective institution immediately provide
appropriate debt service relief to Ukraine.
(2) Official bilateral and commercial debt service payment relief.--
The Secretary of the Treasury, working in coordination with the
Secretary of State, shall commence immediate efforts with other
governments and commercial creditor groups, through the Paris Club of
Official Creditors and other bilateral and multilateral frameworks, both
formal and informal, to pursue comprehensive debt payment relief for
Ukraine.
(3) Multilateral financial support for ukraine.--The Secretary of
the Treasury shall direct the United States Executive Director at each
international financial institution (as defined in section 1701(c)(2) of
the International Financial Institutions Act) to use the voice and vote
of the United States to support, to the extent practicable, the
provision of concessional financial assistance for Ukraine.
(4) Multilateral financial support for refugees.--The Secretary of
the Treasury shall direct the United States Executive Director at each
international financial institution (as defined in section 1701(c)(2) of
the International Financial Institutions Act) to use the voice and vote
of the United States to seek to provide economic support for refugees
from Ukraine, including refugees of African and Asian descent, and for
countries receiving refugees from Ukraine that are eligible for
assistance from the multilateral development banks.
(b) Report to the Congress.--Not later than December 31 of each year, the
President shall--
(1) submit to the Committees on Financial Services, on
Appropriations, and on Foreign Affairs of the House of Representatives
and the Committees on Foreign Relations and on Appropriations of the
Senate, a report on the activities undertaken under this section; and
(2) make public a copy of the report.
(c) Waiver and Termination.--
(1) Waiver.--The President may waive the application of this section
if the President determines that a waiver is in the national interest of
the United States and reports to the Congress an explanation of the
reasons therefor.
(2) Termination.--This section shall have no force or effect on the
earlier of--
(A) the date that is 7 years after the date of the enactment
of this Act; or
(B) the date that is 30 days after the date on which the
President reports to Congress that the Government of the Russian
Federation has ceased its destabilizing activities with respect
to the sovereignty and territorial integrity of Ukraine.
SEC. 5704. ISOLATE RUSSIAN GOVERNMENT OFFICIALS ACT OF 2022.
(a) Statement of Policy.--It is the policy of the United States to seek to
exclude government officials of the Russian Federation, to the maximum extent
practicable, from participation in meetings, proceedings, and other activities
of the following organizations:
(1) Group of 20.
(2) Bank for International Settlements.
(3) Basel Committee for Banking Standards.
(4) Financial Stability Board.
(5) International Association of Insurance Supervisors.
(6) International Organization of Securities Commissions.
(b) Implementation.--The Secretary of the Treasury, the Board of Governors
of the Federal Reserve System, and the Securities and Exchange Commission, as
the case may be, shall take all necessary steps to advance the policy set forth
in subsection (a).
(c) Termination.--This section shall have no force or effect on the earlier
of--
(1) the date that is 5 years after the date of the enactment of this
Act; or
(2) the date that is 30 days after the date on which the President
reports to Congress that the Government of the Russian Federation has
ceased its destabilizing activities with respect to the sovereignty and
territorial integrity of Ukraine.
(d) Waiver.--The President may waive the application of this section if the
President reports to the Congress that the waiver is in the national interest of
the United States and includes an explanation of the reasons therefor.
SEC. 5705. FAIR HIRING IN BANKING.
(a) Federal Deposit Insurance Act.--Section 19 of the Federal Deposit
Insurance Act (12 U.S.C. 1829) is amended--
(1) by inserting after subsection (b) the following:
``(c) Exceptions.--
``(1) Certain older offenses.--
``(A) In general.--With respect to an individual, subsection
(a) shall not apply to an offense if--
``(i) it has been 7 years or more since the offense
occurred; or
``(ii) the individual was incarcerated with respect
to the offense and it has been 5 years or more since the
individual was released from incarceration.
``(B) Offenses committed by individuals 21 or younger.--For
individuals who committed an offense when they were 21 years of
age or younger, subsection (a) shall not apply to the offense if
it has been more than 30 months since the sentencing occurred.
``(C) Limitation.--This paragraph shall not apply to an
offense described under subsection (a)(2).
``(2) Expungement and sealing.--With respect to an individual,
subsection (a) shall not apply to an offense if--
``(A) there is an order of expungement, sealing, or
dismissal that has been issued in regard to the conviction in
connection with such offense; and
``(B) it is intended by the language in the order itself, or
in the legislative provisions under which the order was issued,
that the conviction shall be destroyed or sealed from the
individual's State, Tribal, or Federal record, even if
exceptions allow the record to be considered for certain
character and fitness evaluation purposes.
``(3) De minimis exemption.--
``(A) In general.--Subsection (a) shall not apply to such de
minimis offenses as the Corporation determines, by rule.
``(B) Confinement criteria.--In issuing rules under
subparagraph (A), the Corporation shall include a requirement
that the offense was punishable by a term of three years or less
confined in a correctional facility, where such confinement--
``(i) is calculated based on the time an individual
spent incarcerated as a punishment or a sanction, not as
pretrial detention; and
``(ii) does not include probation or parole where an
individual was restricted to a particular jurisdiction
or was required to report occasionally to an individual
or a specific location.
``(C) Bad check criteria.--In setting the criteria for de
minimis offenses under subparagraph (A), if the Corporation
establishes criteria with respect to insufficient funds checks,
the Corporation shall require that the aggregate total face
value of all insufficient funds checks across all convictions or
program entries related to insufficient funds checks is $2,000
or less.
``(D) Designated lesser offenses.--Subsection (a) shall not
apply to certain lesser offenses (including the use of a fake
ID, shoplifting, trespass, fare evasion, driving with an expired
license or tag, and such other low-risk offenses as the
Corporation may designate) if 1 year or more has passed since
the applicable conviction or program entry.''; and
(2) by adding at the end the following:
``(f) Consent Applications.--
``(1) In general.--The Corporation shall accept consent applications
from an individual and from an insured depository institution or
depository institution holding company on behalf of an individual that
are filed separately or contemporaneously with a regional office of the
Corporation.
``(2) Sponsored applications filed with regional offices.--Consent
applications filed at a regional office of the Corporation by an insured
depository institution or depository institution holding company on
behalf of an individual--
``(A) shall be reviewed by such office;
``(B) may be approved or denied by such office, if such
authority has been delegated to such office by the Corporation;
and
``(C) may only be denied by such office if the general
counsel of the Corporation (or a designee) certifies that the
denial is consistent with this section.
``(3) Individual applications filed with regional offices.--Consent
applications filed at a regional office by an individual--
``(A) shall be reviewed by such office; and
``(B) may be approved or denied by such office, if such
authority has been delegated to such office by the Corporation,
except with respect to--
``(i) cases involving an offense described under
subsection (a)(2); and
``(ii) such other high-level security cases as may
be designated by the Corporation.
``(4) National office review.--The national office of the
Corporation shall--
``(A) review any consent application with respect to which a
regional office is not authorized to approve or deny the
application; and
``(B) review any consent application that is denied by a
regional office, if the individual requests a review by the
national office.
``(5) Forms and instructions.--
``(A) Availability.--The Corporation shall make all forms
and instructions related to consent applications available to
the public, including on the website of the Corporation.
``(B) Contents.--The forms and instructions described under
subparagraph (A) shall provide a sample cover letter and a
comprehensive list of items that may accompany the application,
including clear guidance on evidence that may support a finding
of rehabilitation.
``(6) Consideration of criminal history.--
``(A) Regional office consideration.--In reviewing a consent
application, a regional office shall--
``(i) primarily rely on the criminal history record
of the Federal Bureau of Investigation; and
``(ii) provide such record to the applicant to
review for accuracy.
``(B) Certified copies.--The Corporation may not require an
applicant to provide certified copies of criminal history
records unless the Corporation determines that there is a clear
and compelling justification to require additional information
to verify the accuracy of the criminal history record of the
Federal Bureau of Investigation.
``(7) Consideration of rehabilitation.--Consistent with title VII of
the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), the Corporation
shall--
``(A) conduct an individualized assessment when evaluating
consent applications that takes into account evidence of
rehabilitation, the applicant's age at the time of the
conviction or program entry, the time that has elapsed since
conviction or program entry, and the relationship of
individual's offense to the responsibilities of the applicable
position;
``(B) consider the individual's employment history, letters
of recommendation, certificates documenting participation in
substance abuse programs, successful participating in job
preparation and educational programs, and other relevant
mitigating evidence; and
``(C) consider any additional information the Corporation
determines necessary for safety and soundness.
``(8) Scope of employment.--With respect to an approved consent
application filed by an insured depository institution or depository
institution holding company on behalf of an individual, if the
Corporation determines it appropriate, such approved consent application
shall allow the individual to work for the same employer (without
restrictions on the location) and across positions, except that the
prior consent of the Corporation (which may require a new application)
shall be required for any proposed significant changes in the
individual's security-related duties or responsibilities, such as
promotion to an officer or other positions that the employer determines
will require higher security screening credentials.
``(9) Coordination with the ncua.--In carrying out this section, the
Corporation shall consult and coordinate with the National Credit Union
Administration as needed to promote consistent implementation where
appropriate.
``(g) Definitions.--In this section:
``(1) Consent application.--The term `consent application' means an
application filed with Corporation by an individual (or by an insured
depository institution or depository institution holding company on
behalf of an individual) seeking the written consent of the Corporation
under subsection (a)(1).
``(2) Criminal offense involving dishonesty.--The term `criminal
offense involving dishonesty'--
``(A) means an offense under which an individual, directly
or indirectly--
``(i) cheats or defrauds; or
``(ii) wrongfully takes property belonging to
another in violation of a criminal statute;
``(B) includes an offense that Federal, State, or local law
defines as dishonest, or for which dishonesty is an element of
the offense; and
``(C) does not include--
``(i) a misdemeanor criminal offense committed more
than one year before the date on which an individual
files a consent application, excluding any period of
incarceration; or
``(ii) an offense involving the possession of
controlled substances.
``(3) Pretrial diversion or similar program.--The term `pretrial
diversion or similar program' means a program characterized by a
suspension or eventual dismissal or reversal of charges or criminal
prosecution upon agreement by the accused to restitution, drug or
alcohol rehabilitation, anger management, or community service.''.
(b) Federal Credit Union Act.--Section 205(d) of the Federal Credit Union
Act (12 U.S.C. 1785(d)) is amended by adding at the end the following:
``(4) Exceptions.--
``(A) Certain older offenses.--
``(i) In general.--With respect to an individual,
paragraph (1) shall not apply to an offense if--
``(I) it has been 7 years or more since the
offense occurred; or
``(II) the individual was incarcerated with
respect to the offense and it has been 5 years
or more since the individual was released from
incarceration.
``(ii) Offenses committed by individuals 21 or
younger.--For individuals who committed an offense when
they were 21 years of age or younger, paragraph (1)
shall not apply to the offense if it has been more than
30 months since the sentencing occurred.
``(iii) Limitation.--This subparagraph shall not
apply to an offense described under paragraph (1)(B).
``(B) Expungement and sealing.--With respect to an
individual, paragraph (1) shall not apply to an offense if--
``(i) there is an order of expungement, sealing, or
dismissal that has been issued in regard to the
conviction in connection with such offense; and
``(ii) it is intended by the language in the order
itself, or in the legislative provisions under which the
order was issued, that the conviction shall be destroyed
or sealed from the individual's State, Tribal, or
Federal record, even if exceptions allow the record to
be considered for certain character and fitness
evaluation purposes.
``(C) De minimis exemption.--
``(i) In general.--Paragraph (1) shall not apply to
such de minimis offenses as the Board determines, by
rule.
``(ii) Confinement criteria.--In issuing rules under
clause (i), the Board shall include a requirement that
the offense was punishable by a term of three years or
less confined in a correctional facility, where such
confinement--
``(I) is calculated based on the time an
individual spent incarcerated as a punishment or
a sanction, not as pretrial detention; and
``(II) does not include probation or parole
where an individual was restricted to a
particular jurisdiction or was required to
report occasionally to an individual or a
specific location.
``(iii) Bad check criteria.--In setting the criteria
for de minimis offenses under clause (i), if the Board
establishes criteria with respect to insufficient funds
checks, the Board shall require that the aggregate total
face value of all insufficient funds checks across all
convictions or program entries related to insufficient
funds checks is $2,000 or less.
``(iv) Designated lesser offenses.--Paragraph (1)
shall not apply to certain lesser offenses (including
the use of a fake ID, shoplifting, trespass, fare
evasion, driving with an expired license or tag, and
such other low-risk offenses as the Board may designate)
if 1 year or more has passed since the applicable
conviction or program entry.
``(5) Consent applications.--
``(A) In general.--The Board shall accept consent
applications from an individual and from an insured credit union
on behalf of an individual that are filed separately or
contemporaneously with a regional office of the Board.
``(B) Sponsored applications filed with regional offices.--
Consent applications filed at a regional office of the Board by
an insured credit union on behalf of an individual--
``(i) shall be reviewed by such office;
``(ii) may be approved or denied by such office, if
such authority has been delegated to such office by the
Board; and
``(iii) may only be denied by such office if the
general counsel of the Board (or a designee) certifies
that the denial is consistent with this section.
``(C) Individual applications filed with regional offices.--
Consent applications filed at a regional office by an
individual--
``(i) shall be reviewed by such office; and
``(ii) may be approved or denied by such office, if
such authority has been delegated to such office by the
Board, except with respect to--
``(I) cases involving an offense described
under paragraph (1)(B); and
``(II) such other high-level security cases
as may be designated by the Board.
``(D) National office review.--The national office of the
Board shall--
``(i) review any consent application with respect to
which a regional office is not authorized to approve or
deny the application; and
``(ii) review any consent application that is denied
by a regional office, if the individual requests a
review by the national office.
``(E) Forms and instructions.--
``(i) Availability.--The Board shall make all forms
and instructions related to consent applications
available to the public, including on the website of the
Board.
``(ii) Contents.--The forms and instructions
described under clause (i) shall provide a sample cover
letter and a comprehensive list of items that may
accompany the application, including clear guidance on
evidence that may support a finding of rehabilitation.
``(F) Consideration of criminal history.--
``(i) Regional office consideration.--In reviewing a
consent application, a regional office shall--
``(I) primarily rely on the criminal history
record of the Federal Bureau of Investigation;
and
``(II) provide such record to the applicant
to review for accuracy.
``(ii) Certified copies.--The Board may not require
an applicant to provide certified copies of criminal
history records unless the Board determines that there
is a clear and compelling justification to require
additional information to verify the accuracy of the
criminal history record of the Federal Bureau of
Investigation.
``(G) Consideration of rehabilitation.--Consistent with
title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et
seq.), the Board shall--
``(i) conduct an individualized assessment when
evaluating consent applications that takes into account
evidence of rehabilitation, the applicant's age at the
time of the conviction or program entry, the time that
has elapsed since conviction or program entry, and the
relationship of individual's offense to the
responsibilities of the applicable position;
``(ii) consider the individual's employment history,
letters of recommendation, certificates documenting
participation in substance abuse programs, successful
participating in job preparation and educational
programs, and other relevant mitigating evidence; and
``(iii) consider any additional information the
Board determines necessary for safety and soundness.
``(H) Scope of employment.--With respect to an approved
consent application filed by an insured credit union on behalf
of an individual, if the Board determines it appropriate, such
approved consent application shall allow the individual to work
for the same employer (without restrictions on the location) and
across positions, except that the prior consent of the Board
(which may require a new application) shall be required for any
proposed significant changes in the individual's security-
related duties or responsibilities, such as promotion to an
officer or other positions that the employer determines will
require higher security screening credentials.
``(I) Coordination with fdic.--In carrying out this
subsection, the Board shall consult and coordinate with the
Federal Deposit Insurance Corporation as needed to promote
consistent implementation where appropriate.
``(6) Definitions.--In this subsection:
``(A) Consent application.--The term `consent application'
means an application filed with Board by an individual (or by an
insured credit union on behalf of an individual) seeking the
written consent of the Board under paragraph (1)(A).
``(B) Criminal offense involving dishonesty.--The term
`criminal offense involving dishonesty'--
``(i) means an offense under which an individual,
directly or indirectly--
``(I) cheats or defrauds; or
``(II) wrongfully takes property belonging
to another in violation of a criminal statute;
``(ii) includes an offense that Federal, State, or
local law defines as dishonest, or for which dishonesty
is an element of the offense; and
``(iii) does not include--
``(I) a misdemeanor criminal offense
committed more than one year before the date on
which an individual files a consent application,
excluding any period of incarceration; or
``(II) an offense involving the possession
of controlled substances.
``(C) Pretrial diversion or similar program.--The term
`pretrial diversion or similar program' means a program
characterized by a suspension or eventual dismissal or reversal
of charges or criminal prosecution upon agreement by the accused
to restitution, drug or alcohol rehabilitation, anger
management, or community service.''.
(c) Review and Report to Congress.--Not later than the end of the 2-year
period beginning on the date of enactment of this Act, the Federal Deposit
Insurance Corporation and the National Credit Union Administration shall--
(1) review the rules issued to carry out this Act and the amendments
made by this Act on--
(A) the application of section 19 of the Federal Deposit
Insurance Act (12 U.S.C. 1829) and section 205(d) of the Federal
Credit Union Act (12 U.S.C. 1785(d));
(B) the number of applications for consent applications
under such sections; and
(C) the rates of approval and denial for consent
applications under such sections;
(2) make the results of the review required under paragraph (1)
available to the public; and
(3) issue a report to Congress containing any legislative or
regulatory recommendations for expanding employment opportunities for
those with a previous minor criminal offense.
SEC. 5706. BANKING TRANSPARENCY FOR SANCTIONED PERSONS ACT OF 2022.
(a) In General.--Not later than 1 year after the date of the enactment of
this Act, and annually thereafter, the Secretary of the Treasury shall issue a
report to the Committees on Financial Services and Foreign Affairs of the House
of Representatives and the Committees on Banking, Housing, and Urban Affairs and
Foreign Relations of the Senate that includes a list of specific licenses issued
by the Secretary in the preceding 365 days that authorizes a U.S. financial
institution (as defined under section 561.309 of title 31, Code of Federal
Regulations) to provide financial services to any of the following:
(1) The government of a state sponsor of terrorism.
(2) A person sanctioned pursuant to any of the following:
(A) Section 404 of the Russia and Moldova Jackson-Vanik
Repeal and Sergei Magnitsky Rule of Law Accountability Act of
2012 (Public Law 112-208).
(B) Subtitle F of title XII of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328, the
Global Magnitsky Human Rights Accountability Act).
(C) Executive Order No. 13818.
(b) Submission of Copies of Licenses on Request.--The Secretary of the
Treasury shall expeditiously provide a copy of any license identified in a
report required by subsection (a) to the Committee on Financial Services of the
House of Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate if an appropriate Member of Congress requests a copy of
that license not later than 60 days after submission of the report.
(c) Business Confidential Information.--
(1) In general.--The Secretary of the Treasury shall, in the report
under subsection (a) and any submissions under subsection (b), identify
any proprietary information submitted by any private sector
representative and mark such information as ``business confidential
information''.
(2) Treatment as trade secrets.--Business confidential information
described under paragraph (1) shall be considered to be a matter falling
within the meaning of trade secrets and commercial or financial
information exemption under section 552(b)(4) of title 5, United States
Code, and shall be exempt from disclosure under such section 552 of such
title without the express approval of the private party.
(d) Authorization of Appropriations.--For the purpose of carrying out the
activities authorized under this section, there is authorized to be appropriated
to the Secretary of the Treasury $1,000,000.
(e) Sunset.--The section shall cease to have any force or effect after the
end of the 5-year period beginning on the date of enactment of this Act.
(f) Form of Report and Submissions.--A report or submission required under
this section shall be submitted in unclassified form but may contain a
classified annex.
(g) Appropriate Member of Congress Defined.--In this section, the term
``appropriate Member of Congress'' has the meaning given that term under section
7132(d) of the National Defense Authorization Act for Fiscal Year 2020.
SEC. 5707. FLEXIBILITY IN ADDRESSING RURAL HOMELESSNESS.
Subsection (a) of section 423 of subtitle C of title IV of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11383(a)) is amended by adding at the
end the following:
``(13) Projects in rural areas that consist of one or more of the
following activities:
``(A) Payment of short-term emergency lodging, including in
motels or shelters, directly or through vouchers.
``(B) Repairs to units--
``(i) in which homeless individuals and families
will be housed; or
``(ii) which are currently not fit for human
habitation.
``(C) Staff training, professional development, skill
development, and staff retention activities.''.
SEC. 5708. MASTER ACCOUNT AND SERVICES DATABASE.
The Federal Reserve Act is amended by inserting after section 11B (12 U.S.C.
248b et seq.) the following:
``SEC. 11C. MASTER ACCOUNT AND SERVICES DATABASE.
``(a) Definitions.--In this section:
``(1) Access request.--The term `access request' means a request to
a Federal reserve bank for access to a reserve bank master account and
services, including any written documentation or formal indication that
an entity intends to seek access to a reserve bank master account and
services.
``(2) Official accountholder.--The term `official accountholder'
means--
``(A) a foreign state, as defined in section 25B;
``(B) a central bank, as defined in section 25B, other than
a commercial bank;
``(C) a public international organization entitled to enjoy
privileges, exemptions, and immunities as an international
organization under the International Organizations Immunities
Act (22 U.S.C. 288 et seq.); and
``(D) any governmental entity for which the Secretary of the
Treasury has directed a Federal reserve bank to receive deposits
as fiscal agent of the United States under section 15.
``(3) Reserve bank master account and services.--The term `reserve
bank master account and services' means an account in which a Federal
reserve bank--
``(A) receives deposits for an entity other than an official
accountholder; or
``(B) provides any service under section 11A(b) to an entity
other than an official accountholder.
``(b) Publishing Master Account and Access Information.--
``(1) Online database.--The Board shall create and maintain a
public, online, and searchable database that contains--
``(A) a list of every entity that currently has access to a
reserve bank master account and services, including the date on
which the access was granted to the extent the date is knowable;
``(B) a list of every entity that submits an access request
for a reserve bank master account and services after enactment
of this section (or that has submitted an access request that is
pending on the date of enactment of this section), including
whether, and the dates on which, a request--
``(i) was submitted; and
``(ii) was approved, rejected, pending, or
withdrawn; and
``(C) for each list described in subparagraph (A) or (B),
the type of entity that holds or submitted an access request for
a reserve bank master account and services, including whether
such entity is--
``(i) an insured depository institution, as defined
in section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813);
``(ii) an insured credit union, as defined in
section 101 of the Federal Credit Union Act (12 U.S.C.
1752); or
``(iii) a depository institution that is not an
insured depository institution or an insured credit
union.
``(2) Updates.--Not less frequently than once every quarter, the
Board shall update the database to add any new information required
under paragraph (1).
``(3) Deadline.--Not later than 180 days after the date of enactment
of this section, the Board shall publish the database with the
information required under paragraph (1).''.
TITLE LVIII--FINANCIAL DATA TRANSPARENCY
Sec. 5801. Short title.
Subtitle A--Data Standards for Covered Agencies; Department of the
Treasury Rulemaking
Sec. 5811. Data standards.
Sec. 5812. Open data publication by the Department of the Treasury.
Sec. 5813. No new disclosure requirements.
Subtitle B--Securities and Exchange Commission
Sec. 5821. Data standards requirements for the Securities and Exchange
Commission.
Sec. 5822. Open data publication by the Securities and Exchange
Commission.
Sec. 5823. Data transparency relating to municipal securities.
Sec. 5824. Data transparency at national securities associations.
Sec. 5825. Shorter-term burden reduction and disclosure simplification
at the Securities and Exchange Commission;
sunset.
Sec. 5826. No new disclosure requirements.
Subtitle C--Federal Deposit Insurance Corporation
Sec. 5831. Data standards requirements for the Federal Deposit
Insurance Corporation.
Sec. 5832. Open data publication by the Federal Deposit Insurance
Corporation.
Sec. 5833. Rulemaking.
Sec. 5834. No new disclosure requirements.
Subtitle D--Office of the Comptroller of the Currency
Sec. 5841. Data standards and open data publication requirements for
the Office of the Comptroller of the
Currency.
Sec. 5842. Rulemaking.
Sec. 5843. No new disclosure requirements.
Subtitle E--Bureau of Consumer Financial Protection
Sec. 5851. Data standards and open data publication requirements for
the Bureau of Consumer Financial
Protection.
Sec. 5852. Rulemaking.
Sec. 5853. No new disclosure requirements.
Subtitle F--Federal Reserve System
Sec. 5861. Data standards requirements for the Board of Governors of
the Federal Reserve System.
Sec. 5862. Open data publication by the Board of Governors of the
Federal Reserve System.
Sec. 5863. Rulemaking.
Sec. 5864. No new disclosure requirements.
Subtitle G--National Credit Union Administration
Sec. 5871. Data standards.
Sec. 5872. Open data publication by the National Credit Union
Administration.
Sec. 5873. Rulemaking.
Sec. 5874. No new disclosure requirements.
Subtitle H--Federal Housing Finance Agency
Sec. 5881. Data standards requirements for the Federal Housing Finance
Agency.
Sec. 5882. Open data publication by the Federal Housing Finance Agency.
Sec. 5883. Rulemaking.
Sec. 5884. No new disclosure requirements.
Subtitle I--Miscellaneous
Sec. 5891. Rules of construction.
Sec. 5892. Classified and protected information.
Sec. 5893. Report.
SEC. 5801. SHORT TITLE.
This title may be cited as the ``Financial Data Transparency Act of 2022''.
Subtitle A--Data Standards for Covered Agencies; Department of the Treasury
Rulemaking
SEC. 5811. DATA STANDARDS.
(a) In General.--Subtitle A of the Financial Stability Act of 2010 (12
U.S.C. 5321 et seq.) is amended by adding at the end the following:
``SEC. 124. DATA STANDARDS.
``(a) Definitions.--In this section--
``(1) the term `covered agencies' means--
``(A) the Department of the Treasury;
``(B) the Board of Governors;
``(C) the Office of the Comptroller of the Currency;
``(D) the Bureau;
``(E) the Commission;
``(F) the Corporation;
``(G) the Federal Housing Finance Agency;
``(H) the National Credit Union Administration Board; and
``(I) any other primary financial regulatory agency
designated by the Secretary;
``(2) the terms `data asset', `machine-readable', `metadata', and
`open license' have the meanings given the terms in section 3502 of
title 44, United States Code; and
``(3) the term `data standard' means a standard that specifies rules
by which data is described and recorded.
``(b) Rules.--
``(1) Proposed rules.--Not later than 18 months after the date of
enactment of this section, the heads of the covered agencies shall
jointly issue proposed rules for public comment that establish data
standards for--
``(A) the collections of information reported to each
covered agency by financial entities under the jurisdiction of
the covered agency; and
``(B) the data collected from covered agencies on behalf of
the Council.
``(2) Final rules.--Not later than 2 years after the date of
enactment of this section, the heads of the covered agencies shall
jointly promulgate final rules that establish the data standards
described in paragraph (1).
``(c) Data Standards.--
``(1) Common identifiers; quality.--The data standards established
in the final rules promulgated under subsection (b)(2) shall--
``(A) include common identifiers for collections of
information reported to covered agencies or collected on behalf
of the Council, which shall include a common nonproprietary
legal entity identifier that is available under an open license
for all entities required to report to covered agencies; and
``(B) to the extent practicable--
``(i) render data fully searchable and machine-
readable;
``(ii) enable high quality data through schemas,
with accompanying metadata documented in machine-
readable taxonomy or ontology models, which clearly
define the semantic meaning of the data, as defined by
the underlying regulatory information collection
requirements;
``(iii) ensure that a data element or data asset
that exists to satisfy an underlying regulatory
information collection requirement be consistently
identified as such in associated machine-readable
metadata;
``(iv) be nonproprietary or made available under an
open license;
``(v) incorporate standards developed and maintained
by voluntary consensus standards bodies; and
``(vi) use, be consistent with, and implement
applicable accounting and reporting principles.
``(2) Consultation; interoperability.--In establishing data
standards in the final rules promulgated under subsection (b)(2), the
heads of the covered agencies shall--
``(A) consult with other Federal departments and agencies
and multi-agency initiatives responsible for Federal data
standards; and
``(B) seek to promote interoperability of financial
regulatory data across members of the Council.
``(d) Effective Date.--The data standards established in the final rules
promulgated under subsection (b)(2) shall take effect not later than 2 years
after the date on which those final rules are promulgated under that
subsection.''.
(b) Clerical Amendment.--The table of contents under section 1(b) of the
Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by
inserting after the item relating to section 123 the following:
``Sec. 124. Data standards.''.
SEC. 5812. OPEN DATA PUBLICATION BY THE DEPARTMENT OF THE TREASURY.
(a) In General.--Subtitle A of the Financial Stability Act of 2010 (12
U.S.C. 5321 et seq.), as amended by section 5811(a), is further amended by
adding at the end the following:
``SEC. 125. OPEN DATA PUBLICATION.
``All public data assets published by the Secretary under this subtitle
shall be--
``(1) made available as an open Government data asset (as defined in
section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface where
appropriate.''.
(b) Clerical Amendment.--The table of contents under section 1(b) of the
Dodd-Frank Wall Street Reform and Consumer Protection Act, as amended by section
5811(b), is further amended by inserting after the item relating to section 124
the following:
``Sec. 125. Open data publication.''.
(c) Rulemaking.--
(1) In general.--The Secretary of the Treasury shall issue rules to
carry out the amendments made by this section, which shall take effect
not later than 2 years after the date on which final rules are
promulgated under section 124(b)(2) of the Financial Stability Act of
2010, as added by section 5811(a) of this title.
(2) Delegation.--Notwithstanding any other provision of law, the
Secretary of the Treasury may delegate the functions required under the
amendments made by this subtitle to an appropriate office within the
Department of the Treasury.
SEC. 5813. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle, shall be
construed to require the Secretary of the Treasury to collect or make publicly
available additional information under the Financial Stability Act of 2010 (12
U.S.C. 5311 et seq.), beyond information that was collected or made publicly
available under that Act, as of the day before the date of enactment of this
Act.
Subtitle B--Securities and Exchange Commission
SEC. 5821. DATA STANDARDS REQUIREMENTS FOR THE SECURITIES AND EXCHANGE
COMMISSION.
(a) Data Standards for Investment Advisers' Reports Under the Investment
Advisers Act of 1940.--Section 204 of the Investment Advisers Act of 1940 (15
U.S.C. 80b-4) is amended--
(1) by redesignating the second subsection (d) (relating to
``Records of Persons With Custody of Use'') as subsection (e); and
(2) by adding at the end the following:
``(f) Data Standards for Reports Filed Under This Section.--
``(1) Requirement.--The Commission shall, by rule, adopt data
standards for all reports filed by investment advisers with the
Commission under this section.
``(2) Consistency.--The data standards required under paragraph (1)
shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.''.
(b) Data Standards for Registration Statements and Reports Under the
Investment Company Act of 1940.--The Investment Company Act of 1940 (15 U.S.C.
80a-1 et seq.) is amended--
(1) in section 8 (15 U.S.C. 80a-8), by adding at the end the
following:
``(g) Data Standards for Registration Statements.--
``(1) Requirement.--The Commission shall, by rule, adopt data
standards for all registration statements required to be filed with the
Commission under this section, except that the Commission may exempt
exhibits, signatures, and certifications from those data standards.
``(2) Consistency.--The data standards required under paragraph (1)
shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.''; and
(2) in section 30 (15 U.S.C. 80a-29), by adding at the end the
following:
``(k) Data Standards for Reports.--
``(1) Requirement.--The Commission shall, by rule, adopt data
standards for all reports required to be filed with the Commission under
this section, except that the Commission may exempt exhibits,
signatures, and certifications from those data standards.
``(2) Consistency.--The data standards required under paragraph (1)
shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.''.
(c) Data Standards for Information Required To Be Submitted or Published by
Nationally Recognized Statistical Rating Organizations.--Section 15E of the
Securities Exchange Act of 1934 (15 U.S.C. 78o-7) is amended by adding at the
end the following:
``(w) Data Standards for Information Required To Be Submitted or Published
Under This Section.--
``(1) Requirement.--The Commission shall, by rule, adopt data
standards for all collections of information required to be submitted or
published by a nationally recognized statistical rating organization
under this section.
``(2) Consistency.--The data standards required under paragraph (1)
shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.''.
(d) Data Standards for Asset-Backed Securities Disclosures.--Section 7(c) of
the Securities Act of 1933 (15 U.S.C. 77g(c)) is amended by adding at the end
the following:
``(3) Data standards for asset-backed securities disclosures.--
``(A) Requirement.--The Commission shall, by rule, adopt
data standards for all disclosures required under this
subsection.
``(B) Consistency.--The data standards required under
subparagraph (A) shall incorporate, and ensure compatibility
with (to the extent feasible), all applicable data standards
established in the rules promulgated under section 124 of the
Financial Stability Act of 2010, including, to the extent
practicable, by having the characteristics described in clauses
(i) through (vi) of subsection (c)(1)(B) of such section 124.''.
(e) Data Standards for Corporate Disclosures Under the Securities Act of
1933.--Title I of the Securities Act of 1933 (15 U.S.C. 77a et seq.) is amended
by adding at the end the following:
``SEC. 29. DATA STANDARDS.
``(a) Requirement.--The Commission shall, by rule, adopt data standards for
all registration statements, and for all prospectuses included in registration
statements, required to be filed with the Commission under this title, except
that the Commission may exempt exhibits, signatures, and certifications from
those data standards.
``(b) Consistency.--The data standards required under subsection (a) shall
incorporate, and ensure compatibility with (to the extent feasible), all
applicable data standards established in the rules promulgated under section 124
of the Financial Stability Act of 2010, including, to the extent practicable, by
having the characteristics described in clauses (i) through (vi) of subsection
(c)(1)(B) of such section 124.''.
(f) Data Standards for Periodic and Current Corporate Disclosures Under the
Securities Exchange Act of 1934.--Section 13 of the Securities Exchange Act of
1934 (15 U.S.C. 78m) is amended by adding at the end the following:
``(s) Data Standards.--
``(1) Requirement.--The Commission shall, by rule, adopt data
standards for all collections of information with respect to periodic
and current reports required to be filed or furnished under this section
or under section 15(d), except that the Commission may exempt exhibits,
signatures, and certifications from those data standards.
``(2) Consistency.--The data standards required under paragraph (1)
shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.''.
(g) Data Standards for Corporate Proxy and Consent Solicitation Materials
Under the Securities Exchange Act of 1934.--Section 14 of the Securities
Exchange Act of 1934 (15 U.S.C. 78n) is amended by adding at the end the
following:
``(k) Data Standards for Proxy and Consent Solicitation Materials.--
``(1) Requirement.--The Commission shall, by rule, adopt data
standards for all information contained in any proxy or consent
solicitation material prepared by an issuer for an annual meeting of the
shareholders of the issuer, except that the Commission may exempt
exhibits, signatures, and certifications from those data standards.
``(2) Consistency.--The data standards required under paragraph (1)
shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.''.
(h) Data Standards for Security-based Swap Reporting.--The Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by adding at the end the
following:
``SEC. 41. DATA STANDARDS FOR SECURITY-BASED SWAP REPORTING.
``(a) Requirement.--The Commission shall, by rule, adopt data standards for
all reports related to security-based swaps that are required under this Act.
``(b) Consistency.--The data standards required under subsection (a) shall
incorporate, and ensure compatibility with (to the extent feasible), all
applicable data standards established in the rules promulgated under section 124
of the Financial Stability Act of 2010, including, to the extent practicable, by
having the characteristics described in clauses (i) through (vi) of subsection
(c)(1)(B) of such section 124.''.
(i) Rulemaking.--
(1) In general.--The rules that the Securities and Exchange
Commission are required to issue under the amendments made by this
section shall take effect not later than 2 years after the date on which
final rules are promulgated under section 124(b)(2) of the Financial
Stability Act of 2010, as added by section 5811(a) of this title.
(2) Scaling of regulatory requirements; minimizing disruption.--In
issuing the rules required under the amendments made by this section, as
described in paragraph (1), the Securities and Exchange Commission--
(A) may scale data reporting requirements in order to reduce
any unjustified burden on emerging growth companies, lending
institutions, accelerated filers, smaller reporting companies,
and other smaller issuers, as determined by any study required
under section 5825(b), while still providing searchable
information to investors; and
(B) shall seek to minimize disruptive changes to the persons
affected by those rules.
SEC. 5822. OPEN DATA PUBLICATION BY THE SECURITIES AND EXCHANGE COMMISSION.
Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is amended
by adding at the end the following:
``(k) Open Data Publication.--All public data assets published by the
Commission under the securities laws and the Dodd-Frank Wall Street Reform and
Consumer Protection Act (Public Law 111-203; 124 Stat. 1376) shall be--
``(1) made available as an open Government data asset (as defined in
section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface where
appropriate.''.
SEC. 5823. DATA TRANSPARENCY RELATING TO MUNICIPAL SECURITIES.
(a) In General.--Section 15B(b) of the Securities Exchange Act of 1934 (15
U.S.C. 78o-4(b)) is amended by adding at the end the following:
``(8)(A) The Commission shall adopt data standards for information submitted
to the Board.
``(B) Any data standards adopted under subparagraph (A) shall incorporate,
and ensure compatibility with (to the extent feasible), all applicable data
standards established in the rules promulgated under section 124 of the
Financial Stability Act of 2010, including, to the extent practicable, by having
the characteristics described in clauses (i) through (vi) of subsection
(c)(1)(B) of such section 124.
``(C) The Commission shall consult market participants in establishing data
standards under subparagraph (A).
``(D) Nothing in this paragraph may be construed to affect the operation of
paragraph (1) or (2) of subsection (d).''.
(b) Rulemaking.--
(1) In general.--Not later than 2 years after the date on which
final rules are promulgated under section 124(b)(2) of the Financial
Stability Act of 2010, as added by section 5811(a) of this title, the
Securities and Exchange Commission shall issue rules to adopt the data
standards required under paragraph (8) of section 15B(b) of the
Securities Exchange Act of 1934 (15 U.S.C. 78o-4(b)), as added by
subsection (a) of this section.
(2) Scaling of regulatory requirements; minimizing disruption.--In
issuing the rules described in paragraph (1) that adopt the data
standards described in that paragraph, the Securities and Exchange
Commission--
(A) may scale those data standards in order to reduce any
unjustified burden on smaller regulated entities; and
(B) shall seek to minimize disruptive changes to the persons
affected by those rules.
SEC. 5824. DATA TRANSPARENCY AT NATIONAL SECURITIES ASSOCIATIONS.
(a) In General.--Section 15A of the Securities Exchange Act of 1934 (15
U.S.C. 78o-3) is amended by adding at the end the following:
``(n) Data Standards.--
``(1) Requirement.--A national securities association registered
pursuant to subsection (a) shall adopt data standards for all
information that is regularly filed with or submitted to the
association.
``(2) Consistency.--The data standards required under paragraph (1)
shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.''.
(b) Rulemaking.--
(1) In general.--Not later than 2 years after the date on which
final rules are promulgated under section 124(b)(2) of the Financial
Stability Act of 2010, as added by section 5811(a) of this title, each
national securities association registered pursuant to section 15A(a) of
the Securities Exchange Act of 1934 (15 U.S.C. 78o-3(a)) shall issue
rules to adopt the standards required under subsection (n) of section
15A of the Securities Exchange Act of 1934 (15 U.S.C. 78o-3), as added
by subsection (a) of this section.
(2) Scaling of regulatory requirements; minimizing disruption.--In
issuing the rules required under paragraph (1), a national securities
association described in that paragraph--
(A) may scale data reporting requirements in order to reduce
any unjustified burden on smaller regulated entities; and
(B) shall seek to minimize disruptive changes to the persons
affected by those standards.
SEC. 5825. SHORTER-TERM BURDEN REDUCTION AND DISCLOSURE SIMPLIFICATION AT THE
SECURITIES AND EXCHANGE COMMISSION; SUNSET.
(a) Better Enforcement of the Quality of Corporate Financial Data Submitted
to the Securities and Exchange Commission.--
(1) Data quality improvement program.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Securities and Exchange Commission
shall establish a program to improve the quality of corporate
financial data filed or furnished by issuers under the
Securities Act of 1933 (15 U.S.C. 77a et seq.), the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.), and the Investment
Company Act of 1940 (15 U.S.C. 80a-1 et seq.).
(B) Contents.--The program established under subparagraph
(A) shall include the following:
(i) The designation of an official in the Office of
the Chairman of the Securities and Exchange Commission
responsible for the improvement of the quality of data
filed with or furnished to the Commission by issuers.
(ii) The issuance by the Division of Corporation
Finance of the Securities and Exchange Commission of
comment letters requiring correction of errors in data
filings and submissions, where necessary.
(2) Goals.--In establishing the program required under this
subsection, the Securities and Exchange Commission shall seek to--
(A) improve the quality of data filed with or furnished to
the Commission to a commercially acceptable level; and
(B) make data filed with or furnished to the Commission
useful to investors.
(b) Report on the Use of Machine-Readable Data for Corporate Disclosures.--
(1) In general.--Not later than 180 days after the date of enactment
of this Act, and once every 180 days thereafter, the Securities and
Exchange Commission shall submit to the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on Financial Services
of the House of Representatives a report regarding the public and
internal use of machine-readable data for corporate disclosures.
(2) Content.--Each report required under paragraph (1) shall
include--
(A) an identification of which corporate disclosures
required under section 7 of the Securities Act of 1933 (15
U.S.C. 77g), section 13 of the Securities Exchange Act of 1934
(15 U.S.C. 78m), and section 14 of the Securities Exchange Act
of 1934 (15 U.S.C. 78n) are expressed as machine-readable data
and which are not;
(B) an analysis of the costs and benefits of the use of
machine-readable data in corporate disclosure to investors,
markets, the Securities and Exchange Commission, and issuers;
(C) a summary of enforcement actions that result from the
use or analysis of machine-readable data collected under the
provisions of law described in subparagraph (A); and
(D) an analysis of how the Securities and Exchange
Commission uses the machine-readable data collected by the
Commission.
(c) Sunset.--Beginning on the date that is 7 years after the date of
enactment of this Act, this section shall have no force or effect.
SEC. 5826. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle, shall be
construed to require the Securities and Exchange Commission, the Municipal
Securities Rulemaking Board, or any national securities association to collect
or make publicly available additional information under the provisions of law
amended by this subtitle (or under any provision of law referenced in an
amendment made by this subtitle), beyond information that was collected or made
publicly available under any such provision, as of the day before the date of
enactment of this Act.
Subtitle C--Federal Deposit Insurance Corporation
SEC. 5831. DATA STANDARDS REQUIREMENTS FOR THE FEDERAL DEPOSIT INSURANCE
CORPORATION.
The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by
adding at the end the following:
``SEC. 52. DATA STANDARDS.
``(a) Definition.--In this section, the term `financial company' has the
meaning given the term in section 201(a) of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (12 U.S.C. 5381(a)).
``(b) Requirement.--The Corporation shall, by rule, adopt data standards for
all collections of information with respect to information received by the
Corporation from any depository institution or financial company under this Act
or under title II of the Dodd-Frank Wall Street Reform and Consumer Protection
Act (12 U.S.C. 5381 et seq.).
``(c) Consistency.--The data standards required under subsection (b) shall
incorporate, and ensure compatibility with (to the extent feasible), all
applicable data standards established in the rules promulgated under section 124
of the Financial Stability Act of 2010, including, to the extent practicable, by
having the characteristics described in clauses (i) through (vi) of subsection
(c)(1)(B) of such section 124.''.
SEC. 5832. OPEN DATA PUBLICATION BY THE FEDERAL DEPOSIT INSURANCE CORPORATION.
The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.), as amended by
section 5831, is further amended by adding at the end the following:
``SEC. 53. OPEN DATA PUBLICATION.
``All public data assets published by the Corporation under this Act or
under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law
111-203; 124 Stat. 1376) shall be--
``(1) made available as an open Government data asset (as defined in
section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface where
appropriate.''.
SEC. 5833. RULEMAKING.
(a) In General.--The Federal Deposit Insurance Corporation shall issue rules
to carry out the amendments made by this subtitle, which shall take effect not
later than 2 years after the date on which final rules are promulgated under
section 124(b)(2) of the Financial Stability Act of 2010, as added by section
5811(a) of this title.
(b) Scaling of Regulatory Requirements; Minimizing Disruption.--In issuing
the rules required under subsection (a), the Federal Deposit Insurance
Corporation--
(1) may scale data reporting requirements in order to reduce any
unjustified burden on smaller regulated entities; and
(2) shall seek to minimize disruptive changes to the persons
affected by those regulations.
SEC. 5834. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title, or the amendments made by this title, shall be
construed to require the Federal Deposit Insurance Corporation to collect or
make publicly available additional information under the Acts amended by this
title (or under any provision of law referenced in an amendment made by this
title), beyond information that was collected or made publicly available under
any such provision, as of the day before the date of enactment of this Act.
Subtitle D--Office of the Comptroller of the Currency
SEC. 5841. DATA STANDARDS AND OPEN DATA PUBLICATION REQUIREMENTS FOR THE OFFICE
OF THE COMPTROLLER OF THE CURRENCY.
The Revised Statutes of the United States is amended by inserting after
section 332 (12 U.S.C. 14) the following:
``SEC. 333. DATA STANDARDS; OPEN DATA PUBLICATION.
``(a) Data Standards.--
``(1) Requirement.--The Comptroller of the Currency shall, by rule,
adopt data standards for all collections of information that are
regularly filed with or submitted to the Comptroller of the Currency by
any entity with respect to which the Office of the Comptroller of the
Currency is the appropriate Federal banking agency (as defined in
section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)).
``(2) Consistency.--The data standards required under paragraph (1)
shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.
``(b) Open Data Publication.--All public data assets published by the
Comptroller of the Currency under title LXII or the Dodd-Frank Wall Street
Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 1376) shall
be--
``(1) made available as an open Government data asset (as defined in
section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface where
appropriate.''.
SEC. 5842. RULEMAKING.
(a) In General.--The Comptroller of the Currency shall issue rules to carry
out the amendments made by section 5841, which shall take effect not later than
2 years after the date on which final rules are promulgated under section
124(b)(2) of the Financial Stability Act of 2010, as added by section 5811(a) of
this title.
(b) Scaling of Regulatory Requirements; Minimizing Disruption.--In issuing
the rules required under subsection (a), the Comptroller of the Currency--
(1) may scale data reporting requirements in order to reduce any
unjustified burden on smaller regulated entities; and
(2) shall seek to minimize disruptive changes to the persons
affected by those regulations.
SEC. 5843. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle, shall be
construed to require the Comptroller of the Currency to collect or make publicly
available additional information under the Revised Statutes of the United States
(or under any other provision of law referenced in an amendment made by this
subtitle), beyond information that was collected or made publicly available
under any such provision of law, as of the day before the date of enactment of
this Act.
Subtitle E--Bureau of Consumer Financial Protection
SEC. 5851. DATA STANDARDS AND OPEN DATA PUBLICATION REQUIREMENTS FOR THE BUREAU
OF CONSUMER FINANCIAL PROTECTION.
(a) In General.--Subtitle A of the Consumer Financial Protection Act of 2010
(12 U.S.C. 5491 et seq.) is amended by--
(1) redesignating section 1018 (12 U.S.C. 5491 note) as section
1020; and
(2) by inserting after section 1017 (12 U.S.C. 5497) the following:
``SEC. 1018. DATA STANDARDS.
``(a) Requirement.--The Bureau shall, by rule, adopt data standards for all
collections of information that are regularly filed with or submitted to the
Bureau.
``(b) Consistency.--The data standards required under subsection (a) shall
incorporate, and ensure compatibility with (to the extent feasible), all
applicable data standards established in the rules promulgated under section 124
of the Financial Stability Act of 2010, including, to the extent practicable, by
having the characteristics described in clauses (i) through (vi) of subsection
(c)(1)(B) of such section 124.
``SEC. 1019. OPEN DATA PUBLICATION.
``All public data assets published by the Bureau shall be--
``(1) made available as an open Government data asset (as defined in
section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface where
appropriate.''.
(b) Clerical Amendment.--The table of contents under section 1(b) of the
Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by striking
the item relating to section 1018 and inserting the following:
``Sec. 1018. Data standards.
``Sec. 1019. Open data publication.
``Sec. 1020. Effective date.''.
SEC. 5852. RULEMAKING.
(a) In General.--The Director of the Bureau of Consumer Financial Protection
shall issue rules to carry out the amendments made by section 5851, which shall
take effect not later than 2 years after the date on which final rules are
promulgated under section 124(b)(2) of the Financial Stability Act of 2010, as
added by section 5811(a) of this title.
(b) Scaling of Regulatory Requirements; Minimizing Disruption.--In issuing
the rules required under subsection (a), the Director of the Bureau of Consumer
Financial Protection--
(1) may scale data reporting requirements in order to reduce any
unjustified burden on smaller regulated entities; and
(2) shall seek to minimize disruptive changes to the persons
affected by those regulations.
SEC. 5853. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle, shall be
construed to require the Bureau of Consumer Financial Protection to collect or
make publicly available additional information under the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5481 et seq.), beyond information that was
collected or made publicly available under that Act, as of the day before the
date of enactment of this Act.
Subtitle F--Federal Reserve System
SEC. 5861. DATA STANDARDS REQUIREMENTS FOR THE BOARD OF GOVERNORS OF THE FEDERAL
RESERVE SYSTEM.
(a) Data Standards for Information Filed or Submitted by Nonbank Financial
Companies.--Section 161(a) of the Financial Stability Act of 2010 (12 U.S.C.
5361(a)) is amended by adding at the end the following:
``(4) Data standards for reports under this subsection.--
``(A) In general.--The Board of Governors shall adopt data
standards for all information that, through a collection of
information, is regularly filed with or submitted to the Board
of Governors under this subsection by any nonbank financial
company supervised by the Board of Governors or any subsidiary
thereof.
``(B) Consistency.--The data standards required under
subparagraph (A) shall incorporate, and ensure compatibility
with (to the extent feasible), all applicable data standards
established in the rules promulgated under section 124,
including, to the extent practicable, by having the
characteristics described in clauses (i) through (vi) of
subsection (c)(1)(B) of section 124.''.
(b) Data Standards for Information Filed or Submitted by Savings and Loan
Holding Companies.--Section 10 of the Home Owners' Loan Act (12 U.S.C. 1467a) is
amended by adding at the end the following:
``(u) Data Standards.--
``(1) Requirement.--The Board shall adopt data standards for all
information that, through a collection of information, is regularly
filed with or submitted to the Board by any savings and loan holding
company, or subsidiary of a savings and loan holding company, other than
a depository institution, under this section.
``(2) Consistency.--The data standards required under paragraph (1)
shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.''.
(c) Data Standards for Information Filed or Submitted by Bank Holding
Companies.--Section 5 of the Bank Holding Company Act of 1956 (12 U.S.C. 1844)
is amended by adding at the end the following:
``(h) Data Standards.--
``(1) Requirement.--The Board shall adopt data standards for all
information that, through a collection of information, is regularly
filed with or submitted to the Board by any bank holding company in a
report under subsection (c).
``(2) Consistency.--The data standards required under paragraph (1)
shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.''.
(d) Data Standards for Information Submitted by Financial Market Utilities
or Institutions Under the Payment, Clearing, and Settlement Supervision Act of
2010.--Section 809 of the Payment, Clearing, and Settlement Supervision Act of
2010 (12 U.S.C. 5468) is amended by adding at the end the following:
``(h) Data Standards.--
``(1) Requirement.--The Board of Governors shall adopt data
standards for all information that, through a collection of information,
is regularly filed with or submitted to the Board or the Council by any
financial market utility or financial institution under subsection (a)
or (b).
``(2) Consistency.--The data standards required under paragraph (1)
shall incorporate, and ensure compatibility with (to the extent
feasible), all applicable data standards established in the rules
promulgated under section 124 of the Financial Stability Act of 2010,
including, to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B) of such
section 124.''.
SEC. 5862. OPEN DATA PUBLICATION BY THE BOARD OF GOVERNORS OF THE FEDERAL
RESERVE SYSTEM.
The Federal Reserve Act (12 U.S.C. 226 et seq.) is amended by adding at the
end the following:
``SEC. 32. OPEN DATA PUBLICATION BY THE BOARD OF GOVERNORS.
``All public data assets published by the Board of Governors under this Act,
the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.), the Financial
Stability Act of 2010 (12 U.S.C. 5311 et seq.), the Home Owners' Loan Act (12
U.S.C. 1461 et seq.), the Payment, Clearing, and Settlement Supervision Act of
2010 (12 U.S.C. 5461 et seq.), or the Enhancing Financial Institution Safety and
Soundness Act of 2010 (title III of Public Law 111-203) (or any provision of law
amended by that Act) shall be--
``(1) made available as an open Government data asset (as defined in
section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface where
appropriate.''.
SEC. 5863. RULEMAKING.
(a) In General.--The Board of Governors of the Federal Reserve System shall
issue rules to carry out the amendments made by this subtitle, which shall take
effect not later than 2 years after the date on which final rules are
promulgated under section 124(b)(2) of the Financial Stability Act of 2010, as
added by section 5811(a) of this title.
(b) Scaling of Regulatory Requirements; Minimizing Disruption.--In issuing
the rules required under subsection (a), the Board of Governors of the Federal
Reserve System--
(1) may scale data reporting requirements in order to reduce any
unjustified burden on smaller regulated entities; and
(2) shall seek to minimize disruptive changes to the persons
affected by those regulations.
SEC. 5864. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle, shall be
construed to require the Board of Governors of the Federal Reserve System to
collect or make publicly available additional information under any Act amended
by this subtitle, any Act referenced in an amendment made by this subtitle, or
any Act amended by an Act referenced in an amendment made by this subtitle,
beyond information that was collected or made publicly available under any such
provision of law, as of the day before the date of enactment of this Act.
Subtitle G--National Credit Union Administration
SEC. 5871. DATA STANDARDS.
Title I of the Federal Credit Union Act (12 U.S.C. 1752 et seq.) is amended
by adding at the end the following:
``SEC. 132. DATA STANDARDS.
``(a) Requirement.--The Board shall, by rule, adopt data standards for all
collections of information and reports regularly filed with or submitted to the
Administration under this Act.
``(b) Consistency.--The data standards required under subsection (a) shall
incorporate, and ensure compatibility with (to the extent feasible), all
applicable data standards established in the rules promulgated under section 124
of the Financial Stability Act of 2010, including, to the extent practicable, by
having the characteristics described in clauses (i) through (vi) of subsection
(c)(1)(B) of such section 124.''.
SEC. 5872. OPEN DATA PUBLICATION BY THE NATIONAL CREDIT UNION ADMINISTRATION.
Title I of the Federal Credit Union Act (12 U.S.C. 1752 et seq.), as amended
by section 5701, is further amended by adding at the end the following:
``SEC. 133. OPEN DATA PUBLICATION.
``All public data assets published by the Administration under this title
shall be--
``(1) made available as an open Government data asset (as defined in
section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface where
appropriate.''.
SEC. 5873. RULEMAKING.
(a) In General.--The National Credit Union Administration Board shall issue
rules to carry out the amendments made by this subtitle, which shall take effect
not later than 2 years after the date on which final rules are promulgated under
section 124(b)(2) of the Financial Stability Act of 2010, as added by section
5811(a) of this title.
(b) Scaling of Regulatory Requirements; Minimizing Disruption.--In issuing
the rules required under subsection (a), the National Credit Union
Administration Board--
(1) may scale data reporting requirements in order to reduce any
unjustified burden on smaller regulated entities; and
(2) shall seek to minimize disruptive changes to the persons
affected by those regulations.
SEC. 5874. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle, shall be
construed to require the National Credit Union Administration Board to collect
or make publicly available additional information under the Federal Credit Union
Act (12 U.S.C. 1751 et seq.), beyond information that was collected or made
publicly available under that Act, as of the day before the date of enactment of
this Act.
Subtitle H--Federal Housing Finance Agency
SEC. 5881. DATA STANDARDS REQUIREMENTS FOR THE FEDERAL HOUSING FINANCE AGENCY.
Part 1 of subtitle A of the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4511 et seq.) is amended by adding at the end
the following:
``SEC. 1319H. DATA STANDARDS.
``(a) Requirement.--The Agency shall, by rule, adopt data standards for all
collections of information that are regularly filed with or submitted to the
Agency.
``(b) Consistency.--The data standards required under subsection (a) shall
incorporate, and ensure compatibility with (to the extent feasible), all
applicable data standards established in the rules promulgated under section 124
of the Financial Stability Act of 2010, including, to the extent practicable, by
having the characteristics described in clauses (i) through (vi) of subsection
(c)(1)(B) of such section 124.''.
SEC. 5882. OPEN DATA PUBLICATION BY THE FEDERAL HOUSING FINANCE AGENCY.
Part 1 of subtitle A of the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4511 et seq.), as amended by section 5801, is
further amended by adding at the end the following:
``SEC. 1319I. OPEN DATA PUBLICATION.
``All public data assets published by the Agency shall be--
``(1) made available as an open Government data asset (as defined in
section 3502 of title 44, United States Code);
``(2) freely available for download;
``(3) rendered in a human-readable format; and
``(4) accessible via application programming interface where
appropriate.''.
SEC. 5883. RULEMAKING.
(a) In General.--The Director of the Federal Housing Finance Agency shall
issue rules to carry out the amendments made by this subtitle, which shall take
effect not later than 2 years after the date on which final rules are
promulgated under section 124(b)(2) of the Financial Stability Act of 2010, as
added by section 5811(a) of this title.
(b) Minimizing Disruption.--In issuing the regulations required under
subsection (a), the Director of the Federal Housing Finance Agency shall seek to
minimize disruptive changes to the persons affected by those rules.
SEC. 5884. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this subtitle, or the amendments made by this subtitle, shall be
construed to require the Federal Housing Finance Agency to collect or make
publicly available additional information under the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 (12 U.S.C. 4501 et seq.), beyond
information that was collected or made publicly available under that Act, as of
the day before the date of enactment of this Act.
Subtitle I--Miscellaneous
SEC. 5891. RULES OF CONSTRUCTION.
(a) No Effect on Intellectual Property.--Nothing in this title, or the
amendments made by this title, may be construed to alter the legal protections,
as in effect on the day before the date of enactment of this Act, of copyrighted
material or other intellectual property rights of any non-Federal person.
(b) No Effect on Monetary Policy.--Nothing in this title, or the amendments
made by this title, may be construed to apply to activities conducted, or data
standards used, in connection with monetary policy proposed or implemented by
the Board of Governors of the Federal Reserve System or the Federal Open Market
Committee.
(c) Preservation of Agency Authority To Tailor Requirements.--Nothing in
this title, or the amendments made by this title, may be construed to prohibit
the head of a covered agency, as defined in section 124(a) of the Financial
Stability Act of 2010, as added by section 5811(a) of this title, from tailoring
those standards when those standards are adopted under this title and the
amendments made by this title.
SEC. 5892. CLASSIFIED AND PROTECTED INFORMATION.
(a) In General.--Nothing in this title, or the amendments made by this
title, shall require the disclosure to the public of--
(1) information that would be exempt from disclosure under section
552 of title 5, United States Code (commonly known as the ``Freedom of
Information Act''); or
(2) information protected under--
(A) section 552a of title 5, United States Code (commonly
known as the ``Privacy Act of 1974'');
(B) section 6103 of the Internal Revenue Code of 1986; or
(C) any law administered, or regulation promulgated, by the
Financial Crimes Enforcement Network of the Department of the
Treasury.
(b) Existing Agency Regulations.--Nothing in this title, or the amendments
made by this title, shall be construed to require the Secretary of the Treasury,
the Securities and Exchange Commission, the Federal Deposit Insurance
Corporation, the Comptroller of the Currency, the Director of the Bureau of
Consumer Financial Protection, the Board of Governors of the Federal Reserve
System, the National Credit Union Administration Board, the Director of the
Federal Housing Finance Agency, or the head of any other primary financial
regulatory agency (as defined in section 2 of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (12 U.S.C. 5301)) designated by the Secretary of the
Treasury to amend regulations and procedures, as in effect on the day before the
date of enactment of this Act, regarding the sharing and disclosure of nonpublic
information, including confidential supervisory information.
(c) Data Privacy and Personally Identifiable Information.--Nothing in this
title, or the amendments made by this title, shall be construed to require the
Secretary of the Treasury, the Securities and Exchange Commission, the Federal
Deposit Insurance Corporation, the Comptroller of the Currency, the Director of
the Bureau of Consumer Financial Protection, the Board of Governors of the
Federal Reserve System, the National Credit Union Administration Board, the
Director of the Federal Housing Finance Agency, or the head of any other primary
financial regulatory agency (as defined in section 2 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (12 U.S.C. 5301)) designated by the
Secretary of the Treasury to disclose to the public any information that can be
used to distinguish or trace the identity of an individual, either alone or when
combined with other personal or identifying information that is linked or
linkable to a specific individual.
SEC. 5893. REPORT.
Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a report on
the feasibility, costs, and potential benefits of building upon the taxonomy
established by this title, and the amendments made by this title, to arrive at a
Federal Governmentwide regulatory compliance standardization mechanism similar
to Standard Business Reporting.
TITLE LIX--OTHER MATTERS
Subtitle A--Judiciary Matters
Sec. 5901. Extension of admission to Guam or the Commonwealth of the
Northern Mariana Islands for certain
nonimmigrant H-2B workers.
Sec. 5902. Eligibility of Portuguese traders and investors for E-1 and
E-2 nonimmigrant visas.
Sec. 5903. Incentives for States to create sexual assault survivors'
bill of rights.
Sec. 5904. Extending the statute of limitations for certain money
laundering offenses.
Subtitle B--Science, Space, and Technology Matters
Sec. 5911. Financial assistance for construction of test beds and
specialized facilities.
Sec. 5912. Reports on arctic research, budget, and spending.
Sec. 5913. National research and development strategy for distributed
ledger technology.
Sec. 5914. Technical corrections.
Subtitle C--FedRamp Authorization Act
Sec. 5921. FedRAMP Authorization Act.
Subtitle D--Judicial Security and Privacy
Sec. 5931. Short title.
Sec. 5932. Findings and purpose.
Sec. 5933. Definitions.
Sec. 5934. Protecting covered information in public records.
Sec. 5935. Training and education.
Sec. 5936. Vulnerability management capability.
Sec. 5937. Rules of construction.
Sec. 5938. Severability.
Sec. 5939. Effective date.
Subtitle E--Other Matters
Sec. 5941. Secretary of Agriculture report on improving supply chain
shortfalls and infrastructure needs at
wholesale produce markets.
Sec. 5942. Extension of deadline for transfer of parcels of land in New
Mexico.
Sec. 5943. Ending global wildlife poaching and trafficking.
Sec. 5944. Cost-sharing requirements applicable to certain Bureau of
Reclamation dams and dikes.
Sec. 5945. Transfer of National Oceanic and Atmospheric Administration
property in Norfolk, Virginia.
Sec. 5946. Other matters.
Sec. 5947. Enhancing transparency on international agreements and non-
binding instruments.
Subtitle A--Judiciary Matters
SEC. 5901. EXTENSION OF ADMISSION TO GUAM OR THE COMMONWEALTH OF THE NORTHERN
MARIANA ISLANDS FOR CERTAIN NONIMMIGRANT H-2B WORKERS.
Section 6(b)(1)(B) of the Joint Resolution entitled ``A Joint Resolution to
approve the `Covenant to Establish a Commonwealth of the Northern Mariana
Islands in Political Union with the United States of America', and for other
purposes'', approved March 24, 1976 (48 U.S.C. 1806(b)(1)(B)), is amended, in
the matter preceding clause (i), by striking ``December 31, 2023'' and inserting
``December 31, 2024''.
SEC. 5902. ELIGIBILITY OF PORTUGUESE TRADERS AND INVESTORS FOR E-1 AND E-2
NONIMMIGRANT VISAS.
(a) Nonimmigrant Traders and Investors.--For purposes of clauses (i) and
(ii) of section 101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(E)), Portugal shall be considered to be a foreign state described in
such section if the Government of Portugal provides similar nonimmigrant status
to nationals of the United States.
(b) Modification of Eligibility Criteria for E Visas.--Section 101(a)(15)(E)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)) is amended--
(1) in the matter preceding clause (i)--
(A) by inserting ``(or, in the case of an alien who acquired
the relevant nationality through a financial investment and who
has not previously been granted status under this subparagraph,
the foreign state of which the alien is a national and in which
the alien has been domiciled for a continuous period of not less
than 3 years at any point before applying for a nonimmigrant
visa under this subparagraph)'' before ``, and the spouse''; and
(B) by striking ``him'' and inserting ``such alien''; and
(2) by striking ``he'' each place such term appears and inserting
``the alien''.
SEC. 5903. INCENTIVES FOR STATES TO CREATE SEXUAL ASSAULT SURVIVORS' BILL OF
RIGHTS.
(a) Incentives for States to Create Sexual Assault Survivors' Bill of
Rights.--
(1) Definition of covered formula grant.--In this subsection, the
term ``covered formula grant'' means a grant under part T of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10441
et seq.) (commonly referred to as the ``STOP Violence Against Women
Formula Grant Program'').
(2) Grant increase.--The Attorney General shall increase the amount
of the covered formula grant provided to a State in accordance with this
subsection if the State has in effect a law that provides to sexual
assault survivors the rights, at a minimum, under section 3772 of title
18, United States Code.
(3) Application.--A State seeking an increase to a covered formula
grant under this subsection shall submit an application to the Attorney
General at such time, in such manner, and containing such information as
the Attorney General may reasonably require, including information about
the law described in paragraph (2).
(4) Period of increase.--The Attorney General may not provide an
increase in the amount of the covered formula grant provided to a State
under this subsection more than 4 times.
(5) Authorization of appropriations.--There are authorized to be
appropriated $20,000,000 for each of fiscal years 2023 through 2027 to
carry out this subsection.
(b) Reauthorization of the Missing Americans Alert Program.--Section
240001(d) of the Violent Crime Control and Law Enforcement Act of 1994 (34
U.S.C. 12621(d)) is amended by striking ``2018 through 2022'' and inserting
``2023 through 2027''.
SEC. 5904. EXTENDING THE STATUTE OF LIMITATIONS FOR CERTAIN MONEY LAUNDERING
OFFENSES.
(a) In General.--Section 1956 of title 18, United States Code, is amended by
adding at the end the following:
``(j) Seven-year Limitation.--Notwithstanding section 3282, no person shall
be prosecuted, tried, or punished for a violation of this section or section
1957 if the specified unlawful activity constituting the violation is the
activity defined in subsection (c)(7)(B) of this section, unless the indictment
is found or the information is instituted not later than 7 years after the date
on which the offense was committed.''.
(b) Effective Date.--The amendments made by this section shall apply to--
(1) conduct that occurred before the date of enactment of this Act
for which the applicable statute of limitations has not expired; and
(2) conduct that occurred on or after the date of enactment of this
Act.
Subtitle B--Science, Space, and Technology Matters
SEC. 5911. FINANCIAL ASSISTANCE FOR CONSTRUCTION OF TEST BEDS AND SPECIALIZED
FACILITIES.
Section 34 of the National Institute of Standards and Technology Act (15
U.S.C. 278s) is amended--
(1) by redesignating subsections (f) through (l) as subsections (g)
through (m), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Authority to Award Financial Assistance for Construction of Test Beds
and Specialized Facilities.--
``(1) In general.--The Secretary may, acting through the Director,
award financial assistance for the construction of test beds and
specialized facilities by Manufacturing USA institutes established or
supported under subsection (e) as the Secretary considers appropriate to
carry out the purposes of the Program.
``(2) Requirements.--The Secretary shall exercise authority under
paragraph (1) in a manner and with requirements consistent with
paragraphs (3) through (8) of subsection (e).
``(3) Priority.--The Secretary shall establish preferences in
selection criteria for proposals for financial assistance under this
subsection from Manufacturing USA institutes that integrate as active
members one or more covered entities as described in section 10262 of
the Research and Development, Competition, and Innovation Act (Public
Law 117-167).''.
SEC. 5912. REPORTS ON ARCTIC RESEARCH, BUDGET, AND SPENDING.
(a) Crosscut Report on Arctic Research Programs.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Office of Science and
Technology Policy, in coordination with the Director of the Office of
Management and Budget, shall submit a detailed report to Congress
regarding all existing Federal programs relating to Arctic research and
research-related activities, including observation, modeling,
monitoring, and prediction, and research infrastructure. The report
shall include--
(A) the goals of each such program;
(B) the funding levels for each such program for each of the
5 immediately preceding fiscal years;
(C) the anticipated funding levels for each such program for
each of the 5 following fiscal years; and
(D) the total funding appropriated for the current fiscal
year for such programs.
(2) Distribution.--Not later than 30 days after submitting the
report to Congress pursuant to subsection (a), the Director of the
Office of Science and Technology Policy shall make a report available on
a public website.
(b) Annual Agency Budget and Spending Report.--
(1) Annual agency budgets.--Each agency represented on the
Interagency Arctic Research Policy Committee shall each include in their
agency's annual budget request to Congress a description of their
agency's projected Arctic research activities and associated budget for
the fiscal year covered by the budget request.
(2) Report to congress.--Beginning with fiscal year 2025 and
annually thereafter until fiscal year 2034, not later than 60 days after
the President's budget request for such fiscal year is submitted to
Congress, the Office of Science and Technology Policy shall submit an
annual report to Congress summarizing each agency's budget request
related to Arctic research activities per the information submitted in
accordance with paragraph (1).
SEC. 5913. NATIONAL RESEARCH AND DEVELOPMENT STRATEGY FOR DISTRIBUTED LEDGER
TECHNOLOGY.
(a) Definitions.--In this section:
(1) Director.--Except as otherwise expressly provided, the term
``Director'' means the Director of the Office of Science and Technology
Policy.
(2) Distributed ledger.--The term ``distributed ledger'' means a
ledger that--
(A) is shared across a set of distributed nodes, which are
devices or processes, that participate in a network and store a
complete or partial replica of the ledger;
(B) is synchronized between the nodes;
(C) has data appended to it by following the ledger's
specified consensus mechanism;
(D) may be accessible to anyone (public) or restricted to a
subset of participants (private); and
(E) may require participants to have authorization to
perform certain actions (engaging) or require no authorization
(permissionless).
(3) Distributed ledger technology.--The term ``distributed ledger
technology'' means technology that enables the operation and use of
distributed ledgers.
(4) Institution of higher education.--The term ``institution of
higher education'' has the meaning given the term in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001).
(5) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Science, Space, and Technology of the
House of Representatives.
(6) Smart contract.--The term ``smart contract'' means a computer
program stored in a distributed ledger system that is executed when
certain predefined conditions are satisfied and wherein the outcome of
any execution of the program may be recorded on the distributed ledger.
(b) National Distributed Ledger Technology Research and Development
Strategy.--
(1) In general.--The Director, or a designee of the Director, shall,
in coordination with the National Science and Technology Council, and
the heads of such other relevant Federal agencies and entities as the
Director considers appropriate, which may include the National
Academies, and in consultation with such nongovernmental entities as the
Director considers appropriate, develop a national strategy for the
research and development of distributed ledger technologies and their
applications, including applications of public and permissionless
distributed ledgers. In developing the national strategy, the Director
shall consider the following:
(A) Current efforts and coordination by Federal agencies to
invest in the research and development of distributed ledger
technologies and their applications, including through programs
like the Small Business Innovation Research program, the Small
Business Technology Transfer program, and the National Science
Foundation's Innovation Corps programs.
(B)(i) The potential benefits and risks of applications of
distributed ledger technologies across different industry
sectors, including their potential to--
(I) lower transactions costs and facilitate new
types of commercial transactions;
(II) protect privacy and increase individuals' data
sovereignty;
(III) reduce friction to the interoperability of
digital systems;
(IV) increase the accessibility, auditability,
security, efficiency, and transparency of digital
services;
(V) increase market competition in the provision of
digital services;
(VI) enable dynamic contracting and contract
execution through smart contracts;
(VII) enable participants to collaborate in
trustless and disintermediated environments;
(VIII) enable the operations and governance of
distributed organizations;
(IX) create new ownership models for digital items;
and
(X) increase participation of populations
historically underrepresented in the technology,
business, and financial sectors.
(ii) In consideration of the potential risks of applications
of distributed ledger technologies under clause (i), the
Director shall take into account, where applicable--
(I) additional risks that may emerge from
distributed ledger technologies, as identified in
reports submitted to the President pursuant to Executive
Order 14067, that may be addressed by research and
development;
(II) software vulnerabilities in distributed ledger
technologies and smart contracts;
(III) limited consumer literacy on engaging with
applications of distributed ledger technologies in a
secure way;
(IV) the use of distributed ledger technologies in
illicit finance and their use in combating illicit
finance;
(V) manipulative, deceptive, and fraudulent
practices that harm consumers engaging with applications
of distributed ledger technologies;
(VI) the implications of different consensus
mechanisms for digital ledgers and governance and
accountability mechanisms for applications of
distributed ledger technologies, which may include
decentralized networks;
(VII) foreign activities in the development and
deployment of distributed ledger technologies and their
associated tools and infrastructure; and
(VIII) environmental, sustainability, and economic
impacts of the computational resources required for
distributed ledger technologies.
(C) Potential uses for distributed ledger technologies that
could improve the operations and delivery of services by Federal
agencies, taking into account the potential of digital ledger
technologies to--
(i) improve the efficiency and effectiveness of
privacy-preserving data sharing among Federal agencies
and with State, local, territorial, and Tribal
governments;
(ii) promote government transparency by improving
data sharing with the public;
(iii) introduce or mitigate risks that may threaten
individuals' rights or broad access to Federal services;
(iv) automate and modernize processes for assessing
and ensuring regulatory compliance; and
(v) facilitate broad access to financial services
for underserved and underbanked populations.
(D) Ways to support public and private sector dialogue on
areas of research that could enhance the efficiency,
scalability, interoperability, security, and privacy of
applications using distributed ledger technologies.
(E) The need for increased coordination of the public and
private sectors on the development of voluntary standards in
order to promote research and development, including standards
regarding security, smart contracts, cryptographic protocols,
virtual routing and forwarding, interoperability, zero-knowledge
proofs, and privacy, for distributed ledger technologies and
their applications.
(F) Applications of distributed ledger technologies that
could positively benefit society but that receive relatively
little private sector investment.
(G) The United States position in global leadership and
competitiveness across research, development, and deployment of
distributed ledger technologies.
(2) Consultation.--
(A) In general.--In carrying out the Director's duties under
this subsection, the Director shall consult with the following:
(i) Private industry.
(ii) Institutions of higher education, including
minority-serving institutions.
(iii) Nonprofit organizations, including foundations
dedicated to supporting distributed ledger technologies
and their applications.
(iv) State governments.
(v) Such other persons as the Director considers
appropriate.
(B) Representation.--The Director shall ensure consultations
with the following:
(i) Rural and urban stakeholders from across the
Nation.
(ii) Small, medium, and large businesses.
(iii) Subject matter experts representing multiple
industrial sectors.
(iv) A demographically diverse set of stakeholders.
(3) Coordination.--In carrying out this subsection, the Director
shall, for purposes of avoiding duplication of activities, consult,
cooperate, and coordinate with the programs and policies of other
relevant Federal agencies, including the interagency process outlined in
section 3 of Executive Order 14067 (87 Fed. Reg. 14143; relating
ensuring responsible development of digital assets).
(4) National strategy.--Not later than 1 year after the date of
enactment of this Act, the Director shall submit to the relevant
congressional committees and the President a national strategy that
includes the following:
(A) Priorities for the research and development of
distributed ledger technologies and their applications.
(B) Plans to support public and private sector investment
and partnerships in research and technology development for
societally beneficial applications of distributed ledger
technologies.
(C) Plans to mitigate the risks of distributed ledger
technologies and their applications.
(D) An identification of additional resources,
administrative action, or legislative action recommended to
assist with the implementation of such strategy.
(5) Research and development funding.--The Director shall, as the
Director considers necessary, consult with the Director of the Office of
Management and Budget and with the heads of such other elements of the
Executive Office of the President as the Director considers appropriate,
to ensure that the recommendations and priorities with respect to
research and development funding, as expressed in the national strategy
developed under this subsection, are incorporated in the development of
annual budget requests for Federal research agencies.
(c) Distributed Ledger Technology Research.--
(1) In general.--Subject to the availability of appropriations, the
Director of the National Science Foundation shall make awards, on a
competitive basis, to institutions of higher education, including
minority-serving institutions, or nonprofit organizations (or consortia
of such institutions or organizations) to support research, including
interdisciplinary research, on distributed ledger technologies, their
applications, and other issues that impact or are caused by distributed
ledger technologies, which may include research on--
(A) the implications on trust, transparency, privacy,
accessibility, accountability, and energy consumption of
different consensus mechanisms and hardware choices, and
approaches for addressing these implications;
(B) approaches for improving the security, privacy,
resiliency, interoperability, performance, and scalability of
distributed ledger technologies and their applications, which
may include decentralized networks;
(C) approaches for identifying and addressing
vulnerabilities and improving the performance and expressive
power of smart contracts;
(D) the implications of quantum computing on applications of
distributed ledger technologies, including long-term protection
of sensitive information (such as medical or digital property),
and techniques to address them;
(E) game theory, mechanism design, and economics
underpinning and facilitating the operations and governance of
decentralized networks enabled by distributed ledger
technologies;
(F) the social behaviors of participants in decentralized
networks enabled by distributed ledger technologies;
(G) human-centric design approaches to make distributed
ledger technologies and their applications more usable and
accessible;
(H) use cases for distributed ledger technologies across
various industry sectors and government, including applications
pertaining to--
(i) digital identity, including trusted identity and
identity management;
(ii) digital property rights;
(iii) delivery of public services;
(iv) supply chain transparency;
(v) medical information management;
(vi) inclusive financial services;
(vii) community governance;
(viii) charitable giving;
(ix) public goods funding;
(x) digital credentials;
(xi) regulatory compliance;
(xii) infrastructure resilience, including against
natural disasters; and
(xiii) peer-to-peer transactions; and
(I) the social, behavioral, and economic implications
associated with the growth of applications of distributed ledger
technologies, including decentralization in business, financial,
and economic systems.
(2) Accelerating innovation.--The Director of the National Science
Foundation shall consider continuing to support startups that are in
need of funding, would develop in and contribute to the economy of the
United States, leverage distributed ledger technologies, have the
potential to positively benefit society, and have the potential for
commercial viability, through programs like the Small Business
Innovation Research program, the Small Business Technology Transfer
program, and, as appropriate, other programs that promote broad and
diverse participation.
(3) Consideration of national distributed ledger technology research
and development strategy.--In making awards under paragraph (1), the
Director of the National Science Foundation shall take into account the
national strategy, as described in subsection (b)(4).
(4) Fundamental research.--The Director of the National Science
Foundation shall consider continuing to make awards supporting
fundamental research in areas related to distributed ledger technologies
and their applications, such as applied cryptography and distributed
systems.
(d) Distributed Ledger Technology Applied Research Project.--
(1) Applied research project.--Subject to the availability of
appropriations, the Director of the National Institute of Standards and
Technology, may carry out an applied research project to study and
demonstrate the potential benefits and unique capabilities of
distributed ledger technologies.
(2) Activities.--In carrying out the applied research project, the
Director of the National Institute of Standards and Technology shall--
(A) identify potential applications of distributed ledger
technologies, including those that could benefit activities at
the Department of Commerce or at other Federal agencies,
considering applications that could--
(i) improve the privacy and interoperability of
digital identity and access management solutions;
(ii) increase the integrity and transparency of
supply chains through the secure and limited sharing of
relevant supplier information;
(iii) facilitate broader participation in
distributed ledger technologies of populations
historically underrepresented in technology, business,
and financial sectors; or
(iv) be of benefit to the public or private sectors,
as determined by the Director in consultation with
relevant stakeholders;
(B) solicit and provide the opportunity for public comment
relevant to potential projects;
(C) consider, in the selection of a project, whether the
project addresses a pressing need not already addressed by
another organization or Federal agency;
(D) establish plans to mitigate potential risks, including
those outlined in subsection (b)(1)(B)(ii), if applicable, of
potential projects;
(E) produce an example solution leveraging distributed
ledger technologies for 1 of the applications identified in
subparagraph (A);
(F) hold a competitive process to select private sector
partners, if they are engaged, to support the implementation of
the example solution;
(G) consider hosting the project at the National
Cybersecurity Center of Excellence; and
(H) ensure that cybersecurity best practices consistent with
the Cybersecurity Frame work of the National Institute of
Standards and Technology are demonstrated in the project.
(3) Briefings to congress.--Not later than 1 year after the date of
enactment of this Act, the Director of the National Institute of
Standards and Technology shall offer a briefing to the relevant
congressional committees on the progress and current findings from the
project under this subsection.
(4) Public report.--Not later than 12 months after the completion of
the project under this subsection, the Director of the National
Institute of Standards and Technology shall make public a report on the
results and findings from the project.
SEC. 5914. TECHNICAL CORRECTIONS.
The Energy Policy Act of 2005 is amended--
(1) in section 952(a)(2)(A) (42 U.S.C. 16272(a)(2)(A)), by striking
``shall evaluate the technical and economic feasibility of the
establishment of'' and inserting ``shall evaluate the technical and
economic feasibility of establishing and, if feasible, is authorized to
establish''; and
(2) in section 954(a)(5) (42 U.S.C. 16274(a)(5)), by--
(A) redesignating subparagraph (E) as subparagraph (F); and
(B) by inserting after subparagraph (D) the following:
``(E) Fuel services.--The Research Reactor Infrastructure
subprogram within the Radiological Facilities Management program
of the Department, as authorized by paragraph (6), shall be
expanded to provide fuel services to research reactors
established by this paragraph.''.
Subtitle C--FedRamp Authorization Act
SEC. 5921. FEDRAMP AUTHORIZATION ACT.
(a) Short Title.--This section may be cited as the ``FedRAMP Authorization
Act''.
(b) Amendment.--Chapter 36 of title 44, United States Code, is amended by
adding at the end the following:
``Sec. 3607. Definitions
``(a) In General.--Except as provided under subsection (b), the definitions
under sections 3502 and 3552 apply to this section through section 3616.
``(b) Additional Definitions.--In this section through section 3616:
``(1) Administrator.--The term `Administrator' means the
Administrator of General Services.
``(2) Appropriate congressional committees.--The term `appropriate
congressional committees' means the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Oversight and
Reform of the House of Representatives.
``(3) Authorization to operate; federal information.--The terms
`authorization to operate' and `Federal information' have the meaning
given those term in Circular A-130 of the Office of Management and
Budget entitled `Managing Information as a Strategic Resource', or any
successor document.
``(4) Cloud computing.--The term `cloud computing' has the meaning
given the term in Special Publication 800-145 of the National Institute
of Standards and Technology, or any successor document.
``(5) Cloud service provider.--The term `cloud service provider'
means an entity offering cloud computing products or services to
agencies.
``(6) FedRAMP.--The term `FedRAMP' means the Federal Risk and
Authorization Management Program established under section 3608.
``(7) FedRAMP authorization.--The term `FedRAMP authorization' means
a certification that a cloud computing product or service has--
``(A) completed a FedRAMP authorization process, as
determined by the Administrator; or
``(B) received a FedRAMP provisional authorization to
operate, as determined by the FedRAMP Board.
``(8) Fedramp authorization package.--The term `FedRAMP
authorization package' means the essential information that can be used
by an agency to determine whether to authorize the operation of an
information system or the use of a designated set of common controls for
all cloud computing products and services authorized by FedRAMP.
``(9) FedRAMP board.--The term `FedRAMP Board' means the board
established under section 3610.
``(10) Independent assessment service.--The term `independent
assessment service' means a third-party organization accredited by the
Administrator to undertake conformity assessments of cloud service
providers and the products or services of cloud service providers.
``(11) Secretary.--The term `Secretary' means the Secretary of
Homeland Security.
``Sec. 3608. Federal Risk and Authorization Management Program
``There is established within the General Services Administration the
Federal Risk and Authorization Management Program. The Administrator, subject to
section 3614, shall establish a Government-wide program that provides a
standardized, reusable approach to security assessment and authorization for
cloud computing products and services that process unclassified information used
by agencies.
``Sec. 3609. Roles and responsibilities of the General Services Administration
``(a) Roles and Responsibilities.--The Administrator shall--
``(1) in consultation with the Secretary, develop, coordinate, and
implement a process to support agency review, reuse, and
standardization, where appropriate, of security assessments of cloud
computing products and services, including, as appropriate, oversight of
continuous monitoring of cloud computing products and services, pursuant
to guidance issued by the Director pursuant to section 3614;
``(2) establish processes and identify criteria consistent with
guidance issued by the Director under section 3614 to make a cloud
computing product or service eligible for a FedRAMP authorization and
validate whether a cloud computing product or service has a FedRAMP
authorization;
``(3) develop and publish templates, best practices, technical
assistance, and other materials to support the authorization of cloud
computing products and services and increase the speed, effectiveness,
and transparency of the authorization process, consistent with standards
and guidelines established by the Director of the National Institute of
Standards and Technology and relevant statutes;
``(4) establish and update guidance on the boundaries of FedRAMP
authorization packages to enhance the security and protection of Federal
information and promote transparency for agencies and users as to which
services are included in the scope of a FedRAMP authorization;
``(5) grant FedRAMP authorizations to cloud computing products and
services consistent with the guidance and direction of the FedRAMP
Board;
``(6) establish and maintain a public comment process for proposed
guidance and other FedRAMP directives that may have a direct impact on
cloud service providers and agencies before the issuance of such
guidance or other FedRAMP directives;
``(7) coordinate with the FedRAMP Board, the Director of the
Cybersecurity and Infrastructure Security Agency, and other entities
identified by the Administrator, with the concurrence of the Director
and the Secretary, to establish and regularly update a framework for
continuous monitoring under section 3553;
``(8) provide a secure mechanism for storing and sharing necessary
data, including FedRAMP authorization packages, to enable better reuse
of such packages across agencies, including making available any
information and data necessary for agencies to fulfill the requirements
of section 3613;
``(9) provide regular updates to applicant cloud service providers
on the status of any cloud computing product or service during an
assessment process;
``(10) regularly review, in consultation with the FedRAMP Board--
``(A) the costs associated with the independent assessment
services described in section 3611; and
``(B) the information relating to foreign interests
submitted pursuant to section 3612;
``(11) in coordination with the Director, the Secretary, and other
stakeholders, as appropriate, determine the sufficiency of underlying
requirements to identify and assess the provenance of the software in
cloud services and products;
``(12) support the Federal Secure Cloud Advisory Committee
established pursuant to section 3616; and
``(13) take such other actions as the Administrator may determine
necessary to carry out FedRAMP.
``(b) Website.--
``(1) In general.--The Administrator shall maintain a public website
to serve as the authoritative repository for FedRAMP, including the
timely publication and updates for all relevant information, guidance,
determinations, and other materials required under subsection (a).
``(2) Criteria and process for fedramp authorization priorities.--
The Administrator shall develop and make publicly available on the
website described in paragraph (1) the criteria and process for
prioritizing and selecting cloud computing products and services that
will receive a FedRAMP authorization, in consultation with the FedRAMP
Board and the Chief Information Officers Council.
``(c) Evaluation of Automation Procedures.--
``(1) In general.--The Administrator, in coordination with the
Secretary, shall assess and evaluate available automation capabilities
and procedures to improve the efficiency and effectiveness of the
issuance of FedRAMP authorizations, including continuous monitoring of
cloud computing products and services.
``(2) Means for automation.--Not later than 1 year after the date of
enactment of this section, and updated regularly thereafter, the
Administrator shall establish a means for the automation of security
assessments and reviews.
``(d) Metrics for Authorization.--The Administrator shall establish annual
metrics regarding the time and quality of the assessments necessary for
completion of a FedRAMP authorization process in a manner that can be
consistently tracked over time in conjunction with the periodic testing and
evaluation process pursuant to section 3554 in a manner that minimizes the
agency reporting burden.
``Sec. 3610. FedRAMP Board
``(a) Establishment.--There is established a FedRAMP Board to provide input
and recommendations to the Administrator regarding the requirements and
guidelines for, and the prioritization of, security assessments of cloud
computing products and services.
``(b) Membership.--The FedRAMP Board shall consist of not more than 7 senior
officials or experts from agencies appointed by the Director, in consultation
with the Administrator, from each of the following:
``(1) The Department of Defense.
``(2) The Department of Homeland Security.
``(3) The General Services Administration.
``(4) Such other agencies as determined by the Director, in
consultation with the Administrator.
``(c) Qualifications.--Members of the FedRAMP Board appointed under
subsection (b) shall have technical expertise in domains relevant to FedRAMP,
such as--
``(1) cloud computing;
``(2) cybersecurity;
``(3) privacy;
``(4) risk management; and
``(5) other competencies identified by the Director to support the
secure authorization of cloud services and products.
``(d) Duties.--The FedRAMP Board shall--
``(1) in consultation with the Administrator, serve as a resource
for best practices to accelerate the process for obtaining a FedRAMP
authorization;
``(2) establish and regularly update requirements and guidelines for
security authorizations of cloud computing products and services,
consistent with standards and guidelines established by the Director of
the National Institute of Standards and Technology, to be used in the
determination of FedRAMP authorizations;
``(3) monitor and oversee, to the greatest extent practicable, the
processes and procedures by which agencies determine and validate
requirements for a FedRAMP authorization, including periodic review of
the agency determinations described in section 3613(b);
``(4) ensure consistency and transparency between agencies and cloud
service providers in a manner that minimizes confusion and engenders
trust; and
``(5) perform such other roles and responsibilities as the Director
may assign, with concurrence from the Administrator.
``(e) Determinations of Demand for Cloud Computing Products and Services.--
The FedRAMP Board may consult with the Chief Information Officers Council to
establish a process, which may be made available on the website maintained under
section 3609(b), for prioritizing and accepting the cloud computing products and
services to be granted a FedRAMP authorization.
``Sec. 3611. Independent assessment
``The Administrator may determine whether FedRAMP may use an independent
assessment service to analyze, validate, and attest to the quality and
compliance of security assessment materials provided by cloud service providers
during the course of a determination of whether to use a cloud computing product
or service.
``Sec. 3612. Declaration of foreign interests
``(a) In General.--An independent assessment service that performs services
described in section 3611 shall annually submit to the Administrator information
relating to any foreign interest, foreign influence, or foreign control of the
independent assessment service.
``(b) Updates.--Not later than 48 hours after there is a change in foreign
ownership or control of an independent assessment service that performs services
described in section 3611, the independent assessment service shall submit to
the Administrator an update to the information submitted under subsection (a).
``(c) Certification.--The Administrator may require a representative of an
independent assessment service to certify the accuracy and completeness of any
information submitted under this section.
``Sec. 3613. Roles and responsibilities of agencies
``(a) In General.--In implementing the requirements of FedRAMP, the head of
each agency shall, consistent with guidance issued by the Director pursuant to
section 3614--
``(1) promote the use of cloud computing products and services that
meet FedRAMP security requirements and other risk-based performance
requirements as determined by the Director, in consultation with the
Secretary;
``(2) confirm whether there is a FedRAMP authorization in the secure
mechanism provided under section 3609(a)(8) before beginning the process
of granting a FedRAMP authorization for a cloud computing product or
service;
``(3) to the extent practicable, for any cloud computing product or
service the agency seeks to authorize that has received a FedRAMP
authorization, use the existing assessments of security controls and
materials within any FedRAMP authorization package for that cloud
computing product or service; and
``(4) provide to the Director data and information required by the
Director pursuant to section 3614 to determine how agencies are meeting
metrics established by the Administrator.
``(b) Attestation.--Upon completing an assessment or authorization activity
with respect to a particular cloud computing product or service, if an agency
determines that the information and data the agency has reviewed under paragraph
(2) or (3) of subsection (a) is wholly or substantially deficient for the
purposes of performing an authorization of the cloud computing product or
service, the head of the agency shall document as part of the resulting FedRAMP
authorization package the reasons for this determination.
``(c) Submission of Authorizations to Operate Required.--Upon issuance of an
agency authorization to operate based on a FedRAMP authorization, the head of
the agency shall provide a copy of its authorization to operate letter and any
supplementary information required pursuant to section 3609(a) to the
Administrator.
``(d) Submission of Policies Required.--Not later than 180 days after the
date on which the Director issues guidance in accordance with section 3614(1),
the head of each agency, acting through the chief information officer of the
agency, shall submit to the Director all agency policies relating to the
authorization of cloud computing products and services.
``(e) Presumption of Adequacy.--
``(1) In general.--The assessment of security controls and materials
within the authorization package for a FedRAMP authorization shall be
presumed adequate for use in an agency authorization to operate cloud
computing products and services.
``(2) Information security requirements.--The presumption under
paragraph (1) does not modify or alter--
``(A) the responsibility of any agency to ensure compliance
with subchapter II of chapter 35 for any cloud computing product
or service used by the agency; or
``(B) the authority of the head of any agency to make a
determination that there is a demonstrable need for additional
security requirements beyond the security requirements included
in a FedRAMP authorization for a particular control
implementation.
``Sec. 3614. Roles and responsibilities of the Office of Management and Budget
``The Director shall--
``(1) in consultation with the Administrator and the Secretary,
issue guidance that--
``(A) specifies the categories or characteristics of cloud
computing products and services that are within the scope of
FedRAMP;
``(B) includes requirements for agencies to obtain a FedRAMP
authorization when operating a cloud computing product or
service described in subparagraph (A) as a Federal information
system; and
``(C) encompasses, to the greatest extent practicable, all
necessary and appropriate cloud computing products and services;
``(2) issue guidance describing additional responsibilities of
FedRAMP and the FedRAMP Board to accelerate the adoption of secure cloud
computing products and services by the Federal Government;
``(3) in consultation with the Administrator, establish a process to
periodically review FedRAMP authorization packages to support the secure
authorization and reuse of secure cloud products and services;
``(4) oversee the effectiveness of FedRAMP and the FedRAMP Board,
including the compliance by the FedRAMP Board with the duties described
in section 3610(d); and
``(5) to the greatest extent practicable, encourage and promote
consistency of the assessment, authorization, adoption, and use of
secure cloud computing products and services within and across agencies.
``Sec. 3615. Reports to Congress; GAO report
``(a) Reports to Congress.--Not later than 1 year after the date of
enactment of this section, and annually thereafter, the Director shall submit to
the appropriate congressional committees a report that includes the following:
``(1) During the preceding year, the status, efficiency, and
effectiveness of the General Services Administration under section 3609
and agencies under section 3613 and in supporting the speed,
effectiveness, sharing, reuse, and security of authorizations to operate
for secure cloud computing products and services.
``(2) Progress towards meeting the metrics required under section
3609(d).
``(3) Data on FedRAMP authorizations.
``(4) The average length of time to issue FedRAMP authorizations.
``(5) The number of FedRAMP authorizations submitted, issued, and
denied for the preceding year.
``(6) A review of progress made during the preceding year in
advancing automation techniques to securely automate FedRAMP processes
and to accelerate reporting under this section.
``(7) The number and characteristics of authorized cloud computing
products and services in use at each agency consistent with guidance
provided by the Director under section 3614.
``(8) A review of FedRAMP measures to ensure the security of data
stored or processed by cloud service providers, which may include--
``(A) geolocation restrictions for provided products or
services;
``(B) disclosures of foreign elements of supply chains of
acquired products or services;
``(C) continued disclosures of ownership of cloud service
providers by foreign entities; and
``(D) encryption for data processed, stored, or transmitted
by cloud service providers.
``(b) GAO Report.--Not later than 180 days after the date of enactment of
this section, the Comptroller General of the United States shall report to the
appropriate congressional committees an assessment of the following:
``(1) The costs incurred by agencies and cloud service providers
relating to the issuance of FedRAMP authorizations.
``(2) The extent to which agencies have processes in place to
continuously monitor the implementation of cloud computing products and
services operating as Federal information systems.
``(3) How often and for which categories of products and services
agencies use FedRAMP authorizations.
``(4) The unique costs and potential burdens incurred by cloud
computing companies that are small business concerns (as defined in
section 3(a) of the Small Business Act (15 U.S.C. 632(a)) as a part of
the FedRAMP authorization process.
``Sec. 3616. Federal Secure Cloud Advisory Committee
``(a) Establishment, Purposes, and Duties.--
``(1) Establishment.--There is established a Federal Secure Cloud
Advisory Committee (referred to in this section as the `Committee') to
ensure effective and ongoing coordination of agency adoption, use,
authorization, monitoring, acquisition, and security of cloud computing
products and services to enable agency mission and administrative
priorities.
``(2) Purposes.--The purposes of the Committee are the following:
``(A) To examine the operations of FedRAMP and determine
ways that authorization processes can continuously be improved,
including the following:
``(i) Measures to increase agency reuse of FedRAMP
authorizations.
``(ii) Proposed actions that can be adopted to
reduce the burden, confusion, and cost associated with
FedRAMP authorizations for cloud service providers.
``(iii) Measures to increase the number of FedRAMP
authorizations for cloud computing products and services
offered by small businesses concerns (as defined by
section 3(a) of the Small Business Act (15 U.S.C.
632(a)).
``(iv) Proposed actions that can be adopted to
reduce the burden and cost of FedRAMP authorizations for
agencies.
``(B) Collect information and feedback on agency compliance
with and implementation of FedRAMP requirements.
``(C) Serve as a forum that facilitates communication and
collaboration among the FedRAMP stakeholder community.
``(3) Duties.--The duties of the Committee include providing advice
and recommendations to the Administrator, the FedRAMP Board, and
agencies on technical, financial, programmatic, and operational matters
regarding secure adoption of cloud computing products and services.
``(b) Members.--
``(1) Composition.--The Committee shall be comprised of not more
than 15 members who are qualified representatives from the public and
private sectors, appointed by the Administrator, in consultation with
the Director, as follows:
``(A) The Administrator or the Administrator's designee, who
shall be the Chair of the Committee.
``(B) At least 1 representative each from the Cybersecurity
and Infrastructure Security Agency and the National Institute of
Standards and Technology.
``(C) At least 2 officials who serve as the Chief
Information Security Officer within an agency, who shall be
required to maintain such a position throughout the duration of
their service on the Committee.
``(D) At least 1 official serving as Chief Procurement
Officer (or equivalent) in an agency, who shall be required to
maintain such a position throughout the duration of their
service on the Committee.
``(E) At least 1 individual representing an independent
assessment service.
``(F) At least 5 representatives from unique businesses that
primarily provide cloud computing services or products,
including at least 2 representatives from a small business
concern (as defined by section 3(a) of the Small Business Act
(15 U.S.C. 632(a))).
``(G) At least 2 other representatives of the Federal
Government as the Administrator determines necessary to provide
sufficient balance, insights, or expertise to the Committee.
``(2) Deadline for appointment.--Each member of the Committee shall
be appointed not later than 90 days after the date of enactment of this
section.
``(3) Period of appointment; vacancies.--
``(A) In general.--Each non-Federal member of the Committee
shall be appointed for a term of 3 years, except that the
initial terms for members may be staggered 1-, 2-, or 3-year
terms to establish a rotation in which one-third of the members
are selected each year. Any such member may be appointed for not
more than 2 consecutive terms.
``(B) Vacancies.--Any vacancy in the Committee shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made. Any member appointed to
fill a vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be appointed
only for the remainder of that term. A member may serve after
the expiration of that member's term until a successor has taken
office.
``(c) Meetings and Rules of Procedures.--
``(1) Meetings.--The Committee shall hold not fewer than 3 meetings
in a calendar year, at such time and place as determined by the Chair.
``(2) Initial meeting.--Not later than 120 days after the date of
enactment of this section, the Committee shall meet and begin the
operations of the Committee.
``(3) Rules of procedure.--The Committee may establish rules for the
conduct of the business of the Committee if such rules are not
inconsistent with this section or other applicable law.
``(d) Employee Status.--
``(1) In general.--A member of the Committee (other than a member
who is appointed to the Committee in connection with another Federal
appointment) shall not be considered an employee of the Federal
Government by reason of any service as such a member, except for the
purposes of section 5703 of title 5, relating to travel expenses.
``(2) Pay not permitted.--A member of the Committee covered by
paragraph (1) may not receive pay by reason of service on the Committee.
``(e) Applicability to the Federal Advisory Committee Act.--Section 14 of
the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Committee.
``(f) Detail of Employees.--Any Federal Government employee may be detailed
to the Committee without reimbursement from the Committee, and such detailee
shall retain the rights, status, and privileges of his or her regular employment
without interruption.
``(g) Postal Services.--The Committee may use the United States mails in the
same manner and under the same conditions as agencies.
``(h) Reports.--
``(1) Interim reports.--The Committee may submit to the
Administrator and Congress interim reports containing such findings,
conclusions, and recommendations as have been agreed to by the
Committee.
``(2) Annual reports.--Not later than 540 days after the date of
enactment of this section, and annually thereafter, the Committee shall
submit to the Administrator and Congress a report containing such
findings, conclusions, and recommendations as have been agreed to by the
Committee.''.
(c) Technical and Conforming Amendment.--The table of sections for chapter
36 of title 44, United States Code, is amended by adding at the end the
following new items:
``3607. Definitions.
``3608. Federal Risk and Authorization Management Program.
``3609. Roles and responsibilities of the General Services
Administration.
``3610. FedRAMP Board.
``3611. Independent assessment.
``3612. Declaration of foreign interests.
``3613. Roles and responsibilities of agencies.
``3614. Roles and responsibilities of the Office of Management and
Budget.
``3615. Reports to Congress; GAO report.
``3616. Federal Secure Cloud Advisory Committee.''.
(d) Sunset.--
(1) In general.--Effective on the date that is 5 years after the
date of enactment of this Act, chapter 36 of title 44, United States
Code, is amended by striking sections 3607 through 3616.
(2) Conforming amendment.--Effective on the date that is 5 years
after the date of enactment of this Act, the table of sections for
chapter 36 of title 44, United States Code, is amended by striking the
items relating to sections 3607 through 3616.
(e) Rule of Construction.--Nothing in this section or any amendment made by
this section shall be construed as altering or impairing the authorities of the
Director of the Office of Management and Budget or the Secretary of Homeland
Security under subchapter II of chapter 35 of title 44, United States Code.
Subtitle D--Judicial Security and Privacy
SEC. 5931. SHORT TITLE.
This subtitle may be cited as the ``Daniel Anderl Judicial Security and
Privacy Act of 2022''.
SEC. 5932. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Members of the Federal judiciary perform the important function
of interpreting the Constitution of the United States and administering
justice in a fair and impartial manner.
(2) In recent years, partially as a result of the rise in the use of
social media and online access to information, members of the Federal
judiciary have been exposed to an increased number of personal threats
in connection to their role. The ease of access to free or inexpensive
sources of covered information has considerably lowered the effort
required for malicious actors to discover where individuals live and
where they spend leisure hours and to find information about their
family members. Such threats have included calling a judge a traitor
with references to mass shootings and serial killings, a murder attempt
on a justice of the Supreme Court of the United States, calling for an
``angry mob'' to gather outside a home of a judge and, in reference to a
judge on the court of appeals of the United States, stating how easy it
would be to ``get them''.
(3) Between 2015 and 2019, threats and other inappropriate
communications against Federal judges and other judiciary personnel
increased from 926 in 2015 to approximately 4,449 in 2019.
(4) Over the past decade, several members of the Federal judiciary
have experienced acts of violence against themselves or a family member
in connection to their Federal judiciary role, including the murder in
2005 of the family of Joan Lefkow, a judge for the United States
District Court for the Northern District of Illinois.
(5) On Sunday July 19, 2020, an assailant went to the home of Esther
Salas, a judge for the United States District Court for the District of
New Jersey, impersonating a package delivery driver, opening fire upon
arrival, and killing Daniel Anderl, the 20-year-old only son of Judge
Salas, and seriously wounding Mark Anderl, her husband.
(6) In the aftermath of the recent tragedy that occurred to Judge
Salas and in response to the continuous rise of threats against members
of the Federal judiciary, there is an immediate need for enhanced
security procedures and increased availability of tools to protect
Federal judges and their families.
(b) Purpose.--The purpose of this subtitle is to improve the safety and
security of Federal judges, including senior, recalled, or retired Federal
judges, and their immediate family members to ensure Federal judges are able to
administer justice fairly without fear of personal reprisal from individuals
affected by the decisions they make in the course of carrying out their public
duties.
SEC. 5933. DEFINITIONS.
In this subtitle:
(1) At-risk individual.--The term ``at-risk individual'' means--
(A) a Federal judge;
(B) a senior, recalled, or retired Federal judge;
(C) any individual who is the spouse, parent, sibling, or
child of an individual described in subparagraph (A) or (B);
(D) any individual to whom an individual described in
subparagraph (A) or (B) stands in loco parentis; or
(E) any other individual living in the household of an
individual described in subparagraph (A) or (B).
(2) Covered information.--The term ``covered information''--
(A) means--
(i) a home address, including primary residence or
secondary residences;
(ii) a home or personal mobile telephone number;
(iii) a personal email address;
(iv) a social security number or driver's license
number;
(v) a bank account or credit or debit card
information;
(vi) a license plate number or other unique
identifiers of a vehicle owned, leased, or regularly
used by an at-risk individual;
(vii) the identification of children of an at-risk
individual under the age of 18;
(viii) the full date of birth;
(ix) information regarding current or future school
or day care attendance, including the name or address of
the school or day care, schedules of attendance, or
routes taken to or from the school or day care by an at-
risk individual; or
(x) information regarding the employment location of
an at-risk individual, including the name or address of
the employer, employment schedules, or routes taken to
or from the employer by an at-risk individual; and
(B) does not include information regarding employment with a
Government agency.
(3) Data broker.--
(A) In general.--The term ``data broker'' means an entity
that collects and sells or licenses to third parties the
personal information of an individual with whom the entity does
not have a direct relationship..
(B) Exclusion.--The term ``data broker'' does not include a
commercial entity engaged in the following activities:
(i) Engaging in reporting, news-gathering, speaking,
or other activities intended to inform the public on
matters of public interest or public concern.
(ii) Providing 411 directory assistance or directory
information services, including name, address, and
telephone number, on behalf of or as a function of a
telecommunications carrier.
(iii) Using personal information internally,
providing access to businesses under common ownership or
affiliated by corporate control, or selling or providing
data for a transaction or service requested by or
concerning the individual whose personal information is
being transferred.
(iv) Providing publicly available information via
real-time or near-real-time alert services for health or
safety purposes.
(v) A consumer reporting agency subject to the Fair
Credit Reporting Act (15 U.S.C. 1681 et seq.).
(vi) A financial institution subject to the Gramm-
Leach-Bliley Act (Public Law 106-102) and regulations
implementing that title.
(vii) A covered entity for purposes of the privacy
regulations promulgated under section 264(c) of the
Health Insurance Portability and Accountability Act of
1996 (42 U.S.C. 1320d-2 note).
(viii) The collection and sale or licensing of
covered information incidental to conducting the
activities described in clauses (i) through (vii).
(4) Federal judge.--The term ``Federal judge'' means--
(A) a justice of the United States or a judge of the United
States, as those terms are defined in section 451 of title 28,
United States Code;
(B) a bankruptcy judge appointed under section 152 of title
28, United States Code;
(C) a United States magistrate judge appointed under section
631 of title 28, United States Code;
(D) a judge confirmed by the United States Senate and
empowered by statute in any commonwealth, territory, or
possession to perform the duties of a Federal judge;
(E) a judge of the United States Court of Federal Claims
appointed under section 171 of title 28, United States Code;
(F) a judge of the United States Court of Appeals for
Veterans Claims appointed under section 7253 of title 38, United
States Code;
(G) a judge of the United States Court of Appeals for the
Armed Forces appointed under section 942 of title 10, United
States Code;
(H) a judge of the United States Tax Court appointed under
section 7443 of the Internal Revenue Code of 1986; and
(I) a special trial judge of the United States Tax Court
appointed under section 7443A of the Internal Revenue Code of
1986.
(5) Government agency.--The term ``Government agency'' includes--
(A) an Executive agency, as defined in section 105 of title
5, United States Code; and
(B) any agency in the judicial branch or legislative branch.
(6) Immediate family member.--The term ``immediate family member''
means--
(A) any individual who is the spouse, parent, sibling, or
child of an at-risk individual;
(B) any individual to whom an at-risk individual stands in
loco parentis; or
(C) any other individual living in the household of an at-
risk individual.
(7) Interactive computer service.--The term ``interactive computer
service'' has the meaning given the term in section 230 of the
Communications Act of 1934 (47 U.S.C. 230).
(8) Transfer.--The term ``transfer'' means to sell, license, trade,
or exchange for consideration the covered information of an at-risk
individual or immediate family member.
SEC. 5934. PROTECTING COVERED INFORMATION IN PUBLIC RECORDS.
(a) Government Agencies.--
(1) In general.--Each at-risk individual may--
(A) file written notice of the status of the individual as
an at-risk individual, for themselves and immediate family
members, with each Government agency that includes information
necessary to ensure compliance with this section; and
(B) request that each Government agency described in
subparagraph (A) mark as private their covered information and
that of their immediate family members.
(2) No public posting.--Government agencies shall not publicly post
or display publicly available content that includes covered information
of an at-risk individual or immediate family member. Government
agencies, upon receipt of a written request under paragraph (1)(A),
shall remove the covered information of the at-risk individual or
immediate family member from publicly available content not later than
72 hours after such receipt.
(3) Exceptions.--Nothing in this section shall prohibit a Government
agency from providing access to records containing the covered
information of a Federal judge to a third party if the third party--
(A) possesses a signed release from the Federal judge or a
court order;
(B) is subject to the requirements of title V of the Gramm-
Leach-Bliley Act (15 U.S.C. 6801 et seq.); or
(C) executes a confidentiality agreement with the Government
agency.
(b) Delegation of Authority.--
(1) In general.--An at-risk individual may directly, or through an
agent designated by the at-risk individual, make any notice or request
required or authorized by this section on behalf of the at-risk
individual. The notice or request shall be in writing and contain
information necessary to ensure compliance with this section, including
information expressly referencing the prohibition on the posting or
transfer of covered information, information regarding redress and
penalties for violations provided in subsection (f), and contact
information to allow the recipient to verify the accuracy of any notice
or request and answer questions by the recipient of the notice or
request.
(2) Authorization of government agencies to make requests.--
(A) Administrative office of the united states courts.--Upon
written request of an at-risk individual described in
subparagraphs (A) through (E) of section 5933(4), the Director
of the Administrative Office of the United States Courts is
authorized to make any notice or request required or authorized
by this section on behalf of the at-risk individual. The notice
or request shall include information necessary to ensure
compliance with this section, as determined by the
Administrative Office of the United States Courts. The Director
may delegate this authority under section 602(d) of title 28,
United States Code. Any notice or request made under this
subsection shall be deemed to have been made by the at-risk
individual and comply with the notice and request requirements
of this section.
(B) United states court of appeals for veterans claims.--
Upon written request of an at-risk individual described in
section 5933(4)(F), the chief judge of the United States Court
of Appeals for Veterans Claims is authorized to make any notice
or request required or authorized by this section on behalf of
the at-risk individual. Any notice or request made under this
subsection shall be deemed to have been made by the at-risk
individual and comply with the notice and request requirements
of this section.
(C) United states court of appeals for the armed forces.--
Upon written request of an at-risk individual described in
section 5933(4)(G), the chief judge of the United States Court
of Appeals for the Armed Forces is authorized to make any notice
or request required or authorized by this section on behalf of
the at-risk individual. Any notice or request made under this
subsection shall be deemed to have been made by the at-risk
individual and comply with the notice and request requirements
of this section.
(D) United states tax court.--Upon written request of an at-
risk individual described in subparagraph (H) or (I) of section
5933(4), the chief judge of the United States Tax Court is
authorized to make any notice or request required or authorized
by this section on behalf of the at-risk individual. Any notice
or request made under this subsection shall be deemed to have
been made by the at-risk individual and comply with the notice
and request requirements of this section.
(c) State and Local Governments.--
(1) Grant program to prevent disclosure of personal information of
at-risk individuals or immediate family members.--
(A) Authorization.--The Attorney General may make grants to
prevent the release of covered information of at-risk
individuals and immediate family members (in this subsection
referred to as ``judges' covered information'') to the detriment
of such individuals or their immediate family members to an
entity that--
(i) is--
(I) a State or unit of local government, as
defined in section 901 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10251); or
(II) an agency of a State or unit of local
government; and
(ii) operates a State or local database or registry
that contains covered information.
(B) Application.--An entity seeking a grant under this
subsection shall submit to the Attorney General an application
at such time, in such manner, and containing such information as
the Attorney General may reasonably require.
(2) Scope of grants.--Grants made under this subsection may be used
to create or expand programs designed to protect judges' covered
information, including through--
(A) the creation of programs to redact or remove judges'
covered information, upon the request of an at-risk individual,
from public records in State agencies, including hiring a third
party to redact or remove judges' covered information from
public records;
(B) the expansion of existing programs that the State may
have enacted in an effort to protect judges' covered
information;
(C) the development or improvement of protocols, procedures,
and policies to prevent the release of judges' covered
information;
(D) the defrayment of costs of modifying or improving
existing databases and registries to ensure that judges' covered
information is covered from release; and
(E) the development of confidential opt out systems that
will enable at-risk individuals to make a single request to keep
judges' covered information out of multiple databases or
registries.
(3) Report.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, and biennially thereafter, the
Comptroller General of the United States, shall submit to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives an annual report
that includes--
(i) a detailed amount spent by States and local
governments on protecting judges' covered information;
(ii) where the judges' covered information was
found; and
(iii) the collection of any new types of personal
data found to be used to identify judges who have
received threats, including prior home addresses,
employers, and institutional affiliations such as
nonprofit boards.
(B) States and local governments.--States and local
governments that receive funds under this subsection shall
submit to the Comptroller General of the United States a report
on data described in clauses (i) and (ii) of subparagraph (A) to
be included in the report required under that subparagraph.
(d) Data Brokers and Other Businesses.--
(1) Prohibitions.--
(A) Data brokers.--It shall be unlawful for a data broker to
knowingly sell, license, trade for consideration, transfer, or
purchase covered information of an at-risk individual or
immediate family members.
(B) Other persons and businesses.--
(i) In general.--Except as provided in clause (ii),
no person, business, or association shall publicly post
or publicly display on the internet covered information
of an at-risk individual or immediate family member if
the at-risk individual has made a written request to
that person, business, or association not to disclose or
acquire the covered information of the at-risk
individual or immediate family member.
(ii) Exceptions.--Clause (i) shall not apply to--
(I) the display on the internet of the
covered information of an at-risk individual or
immediate family member if the information is
relevant to and displayed as part of a news
story, commentary, editorial, or other speech on
a matter of public concern;
(II) covered information that the at-risk
individual voluntarily publishes on the internet
after the date of enactment of this Act; or
(III) covered information lawfully received
from a Federal Government source (or from an
employee or agent of the Federal Government).
(2) Required conduct.--
(A) In general.--After receiving a written request under
paragraph (1)(B), the person, business, or association shall--
(i) remove within 72 hours the covered information
identified in the written request from the internet and
ensure that the information is not made available on any
website or subsidiary website controlled by that person,
business, or association and identify any other
instances of the identified information that should also
be removed; and
(ii) assist the sender to locate the covered
information of the at-risk individual or immediate
family member posted on any website or subsidiary
website controlled by that person, business, or
association.
(B) Transfer.--
(i) In general.--Except as provided in clause (ii),
after receiving a written request under paragraph
(1)(B), the person, business, or association shall not
transfer the covered information of the at-risk
individual or immediate family member to any other
person, business, or association through any medium.
(ii) Exceptions.--Clause (i) shall not apply to--
(I) the transfer of the covered information
of the at-risk individual or immediate family
member if the information is relevant to and
displayed as part of a news story, commentary,
editorial, or other speech on a matter of public
concern;
(II) covered information that the at-risk
individual or immediate family member
voluntarily publishes on the internet after the
date of enactment of this Act; or
(III) a transfer made at the request of the
at-risk individual or that is necessary to
effectuate a request to the person, business, or
association from the at-risk individual.
(e) Data Security.--
(1) Recipients.--Any interactive computer service shall implement
and maintain reasonable security procedures and practices to protect any
information collected or received to comply with the requirements of
this subtitle from unauthorized use, disclosure, access, destruction, or
modification.
(2) Government custodians.--The Administrative Office of the United
States Courts and the administrators of the courts described in this
subtitle shall implement and maintain reasonable security procedures and
practices to protect any information they collect, receive, or transmit
pursuant to the provisions of this subtitle.
(f) Redress and Penalties.--
(1) In general.--If the covered information of an at-risk individual
described in subparagraphs (A) through (E) of section 5933(4) or their
immediate family is made public as a result of a violation of this
subtitle, the Director of the Administrative Office of the United States
Courts, or the designee of the Director, may file an action seeking
injunctive or declaratory relief in any court of competent jurisdiction,
through the Department of Justice.
(2) Authority.--The respective chief judge for judges described in
subparagraphs (B), (C), and (D) of section 5934(b)(2) shall have the
same authority as the Director under this paragraph for at-risk
individuals in their courts or their immediate family members.
(3) Penalties and damages.--If a person, business, or association
knowingly violates an order granting injunctive or declarative relief
under paragraph (1), the court issuing such order may--
(A) if the person, business, or association is a government
agency--
(i) impose a fine not greater than $4,000; and
(ii) award to the at-risk individual or their
immediate family, as applicable, court costs and
reasonable attorney's fees; and
(B) if the person, business, or association is not a
government agency, award to the at-risk individual or their
immediate family, as applicable--
(i) an amount equal to the actual damages sustained
by the at-risk individual or their immediate family; and
(ii) court costs and reasonable attorney's fees.
SEC. 5935. TRAINING AND EDUCATION.
Amounts appropriated to the Federal judiciary for fiscal year 2022, and each
fiscal year thereafter, may be used for biannual judicial security training for
active, senior, or recalled Federal judges described in subparagraph (A), (B),
(C), (D), or (E) of section 5933(4) and their immediate family members,
including--
(1) best practices for using social media and other forms of online
engagement and for maintaining online privacy;
(2) home security program and maintenance;
(3) understanding removal programs and requirements for covered
information; and
(4) any other judicial security training that the United States
Marshals Services and the Administrative Office of the United States
Courts determines is relevant.
SEC. 5936. VULNERABILITY MANAGEMENT CAPABILITY.
(a) Authorization.--
(1) Vulnerability management capability.--The Federal judiciary is
authorized to perform all necessary functions consistent with the
provisions of this subtitle and to support existing threat management
capabilities within the United States Marshals Service and other
relevant Federal law enforcement and security agencies for active,
senior, recalled, and retired Federal judges described in subparagraphs
(A), (B), (C), (D), and (E) of section 5933(4), including--
(A) monitoring the protection of at-risk individuals and
judiciary assets;
(B) managing the monitoring of websites for covered
information of at-risk individuals and immediate family members
and remove or limit the publication of such information;
(C) receiving, reviewing, and analyzing complaints by at-
risk individuals of threats, whether direct or indirect, and
report such threats to law enforcement partners; and
(D) providing training described in section 5935.
(2) Vulnerability management for certain article i courts.--The
functions and support authorized in paragraph (1) shall be authorized as
follows:
(A) The chief judge of the United States Court of Appeals
for Veterans Claims is authorized to perform such functions and
support for the Federal judges described in section 5933(4)(F).
(B) The United States Court of Appeals for the Armed Forces
is authorized to perform such functions and support for the
Federal judges described in section 5933(4)(G).
(C) The United States Tax Court is authorized to perform
such functions and support for the Federal judges described in
subparagraphs (H) and (I) of section 5933(4).
(3) Technical and conforming amendment.--Section 604(a) of title 28,
United States Code is amended--
(A) in paragraph (23), by striking ``and'' at the end;
(B) in paragraph (24) by striking ``him'' and inserting
``the Director'';
(C) by redesignating paragraph (24) as paragraph (25); and
(D) by inserting after paragraph (23) the following:
``(24) Establish and administer a vulnerability management program
in the judicial branch; and''.
(b) Expansion of Capabilities of Office of Protective Intelligence.--
(1) In general.--The United States Marshals Service is authorized to
expand the current capabilities of the Office of Protective Intelligence
of the Judicial Security Division to increase the workforce of the
Office of Protective Intelligence to include additional intelligence
analysts, United States deputy marshals, and any other relevant
personnel to ensure that the Office of Protective Intelligence is ready
and able to perform all necessary functions, consistent with the
provisions of this subtitle, in order to anticipate and deter threats to
the Federal judiciary, including--
(A) assigning personnel to State and major urban area fusion
and intelligence centers for the specific purpose of identifying
potential threats against the Federal judiciary and coordinating
responses to such potential threats;
(B) expanding the use of investigative analysts, physical
security specialists, and intelligence analysts at the 94
judicial districts and territories to enhance the management of
local and distant threats and investigations; and
(C) increasing the number of United States Marshal Service
personnel for the protection of the Federal judicial function
and assigned to protective operations and details for the
Federal judiciary.
(2) Information sharing.--If any of the activities of the United
States Marshals Service uncover information related to threats to
individuals other than Federal judges, the United States Marshals
Service shall, to the maximum extent practicable, share such information
with the appropriate Federal, State, and local law enforcement agencies.
(c) Report.--
(1) In general.--Not later than 1 year after the date of enactment
of this Act, the Department of Justice, in consultation with the
Administrative Office of the United States Courts, the United States
Court of Appeals for Veterans Claims, the United States Court of Appeals
for the Armed Forces, and the United States Tax Court, shall submit to
the Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report on the security of
Federal judges arising from Federal prosecutions and civil litigation.
(2) Description.--The report required under paragraph (1) shall
describe--
(A) the number and nature of threats and assaults against
at-risk individuals handling prosecutions and other matters
described in paragraph (1) and the reporting requirements and
methods;
(B) the security measures that are in place to protect at-
risk individuals handling prosecutions described in paragraph
(1), including threat assessments, response procedures, the
availability of security systems and other devices, firearms
licensing such as deputations, and other measures designed to
protect the at-risk individuals and their immediate family
members; and
(C) for each requirement, measure, or policy described in
subparagraphs (A) and (B), when the requirement, measure, or
policy was developed and who was responsible for developing and
implementing the requirement, measure, or policy.
(3) Public posting.--The report described in paragraph (1) shall, in
whole or in part, be exempt from public disclosure if the Attorney
General determines that such public disclosure could endanger an at-risk
individual.
SEC. 5937. RULES OF CONSTRUCTION.
(a) In General.--Nothing in this subtitle shall be construed--
(1) to prohibit, restrain, or limit--
(A) the lawful investigation or reporting by the press of
any unlawful activity or misconduct alleged to have been
committed by an at-risk individual or their immediate family
member; or
(B) the reporting on an at-risk individual or their
immediate family member regarding matters of public concern;
(2) to impair access to decisions and opinions from a Federal judge
in the course of carrying out their public functions;
(3) to limit the publication or transfer of covered information with
the written consent of the at-risk individual or their immediate family
member; or
(4) to prohibit information sharing by a data broker to a Federal,
State, Tribal, or local government, or any unit thereof.
(b) Protection of Covered Information.--This subtitle shall be broadly
construed to favor the protection of the covered information of at-risk
individuals and their immediate family members.
SEC. 5938. SEVERABILITY.
If any provision of this subtitle, an amendment made by this subtitle, or
the application of such provision or amendment to any person or circumstance is
held to be unconstitutional, the remainder of this subtitle and the amendments
made by this subtitle, and the application of the remaining provisions of this
subtitle and amendments to any person or circumstance shall not be affected.
SEC. 5939. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this subtitle shall
take effect on the date of enactment of this Act.
(b) Exception.--Subsections (c)(1), (d), and (e) of section 5934 shall take
effect on the date that is 120 days after the date of enactment of this Act.
Subtitle E--Other Matters
SEC. 5941. SECRETARY OF AGRICULTURE REPORT ON IMPROVING SUPPLY CHAIN SHORTFALLS
AND INFRASTRUCTURE NEEDS AT WHOLESALE PRODUCE MARKETS.
(a) In General.--Not later than one year after the date of the enactment of
this Act, the Secretary of Agriculture shall submit to the appropriate
congressional committees a report on--
(1) the 5 largest wholesale produce markets by annual sales and
volume over the preceding 4 calendar years; and
(2) a representative sample of 8 wholesale produce markets that are
not among the largest wholesale produce markets.
(b) Contents.--The report under subsection (a) shall contain the following:
(1) An analysis of the supply chain shortfalls in each wholesale
produce market identified under subsection (a), which shall include an
analysis of the following:
(A) State of repair of infrastructure, including roads, food
storage units, and refueling stations.
(B) Disaster preparedness, including with respect to cyber
attacks, weather events, and terrorist attacks.
(C) Disaster recovery systems, including coordination with
State and Federal agencies.
(2) A description of any actions the Secretary recommends be taken
as a result of the analysis under paragraph (1).
(3) Recommendations, as appropriate, for wholesale produce market
owners and operators, and State and local entities to improve the supply
chain shortfalls identified under paragraph (1).
(4) Proposals, as appropriate, for legislative actions and funding
needed to improve the supply chain shortfalls.
(c) Consultation.--In completing the report under subsection (a), the
Secretary of Agriculture shall consult with the Secretary of Transportation, the
Secretary of Homeland Security, wholesale produce market owners and operators,
State and local entities, and other agencies or stakeholders, as determined
appropriate by the Secretary.
(d) Appropriate Congressional Committees.--For the purposes of this section,
the term ``appropriate congressional committees'' means the Committee on
Agriculture, the Committee on Homeland Security, and the Committee on
Transportation and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Technology, the Committee on Homeland
Security and Governmental Affairs, and the Committee on Agriculture, Nutrition,
and Forestry of the Senate.
SEC. 5942. EXTENSION OF DEADLINE FOR TRANSFER OF PARCELS OF LAND IN NEW MEXICO.
Section 3120 of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (42 U.S.C. 2391 note) is amended by striking ``2022'' each
place that it appears and inserting ``2032''.
SEC. 5943. ENDING GLOBAL WILDLIFE POACHING AND TRAFFICKING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should continue to work with
international partners, including nations, nongovernmental
organizations, and the private sector, to identify long-standing and
emerging areas of concern in wildlife poaching and trafficking related
to global supply and demand; and
(2) the activities and required reporting of the Presidential Task
Force on Wildlife Trafficking, as established by Executive Order 13648
(78 Fed. Reg. 40621) and modified by sections 201 and 301 of the
Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16
U.S.C. 7621 and 7631), should be reauthorized to minimize the disruption
of the work of such Task Force.
(b) Definitions.--Section 2 of the Eliminate, Neutralize, and Disrupt
Wildlife Trafficking Act of 2016 (16 U.S.C. 7601) is amended--
(1) in paragraph (3), by inserting ``involving local communities''
after ``approach to conservation'';
(2) by amending paragraph (4) to read as follows:
``(4) Country of concern.--The term `country of concern' means a
foreign country specially designated by the Secretary of State pursuant
to section 201(b) as a major source of wildlife trafficking products or
their derivatives, a major transit point of wildlife trafficking
products or their derivatives, or a major consumer of wildlife
trafficking products, in which--
``(A) the government has actively engaged in, or knowingly
profited from, the trafficking of protected species; or
``(B) the government facilitates such trafficking through
conduct that may include a persistent failure to make serious
and sustained efforts to prevent and prosecute such
trafficking.''; and
(3) in paragraph (11), by striking ``section 201'' and inserting
``section 301''.
(c) Framework for Interagency Response and Reporting.--
(1) Reauthorization of report on major wildlife trafficking
countries.--Section 201 of the Eliminate, Neutralize, and Disrupt
Wildlife Trafficking Act of 2016 (16 U.S.C. 7621) is amended--
(A) in subsection (a), by striking ``annually thereafter''
and inserting ``biennially thereafter by June 1 of each year in
which a report is required'';
(B) in subsection (b), by striking ``shall identify'' and
all that follows through the end of the subsection and inserting
``shall also list each country determined by the Secretary of
State to be a country of concern within the meaning of this
Act''; and
(C) by striking subsection (c) and inserting the following:
``(c) Procedure for Removing Countries From List.--Concurrently with the
first report required under this section and submitted after the date of the
enactment of this subsection, the Secretary of State, in consultation with the
Secretary of the Interior and the Secretary of Commerce, shall publish in the
Federal Register a procedure for removing from the list described in subsection
(b) any country that no longer meets the definition of country of concern under
section 2(4).
``(d) Sunset.--This section shall cease to have force or effect on September
30, 2028.''.
(2) Presidential task force on wildlife trafficking
responsibilities.--Section 301(a) of the Eliminate, Neutralize, and
Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7631(a)) is
amended--
(A) in paragraph (4), by striking ``and'' at the end;
(B) by redesignating paragraph (5) as paragraph (9); and
(C) by inserting after paragraph (4) the following:
``(5) pursue programs and develop a strategy--
``(A) to expand the role of technology for anti-poaching and
anti-trafficking efforts, in partnership with the private
sector, foreign governments, academia, and nongovernmental
organizations (including technology companies and the
transportation and logistics sectors); and
``(B) to enable local governments to develop and use such
technologies;
``(6) consider programs and initiatives that address the expansion
of the illegal wildlife trade to digital platforms, including the use of
digital currency and payment platforms for transactions by collaborating
with the private sector, academia, and nongovernmental organizations,
including social media, e-commerce, and search engine companies, as
appropriate;
``(7)(A) implement interventions to address the drivers of poaching,
trafficking, and demand for illegal wildlife and wildlife products in
focus countries and countries of concern;
``(B) set benchmarks for measuring the effectiveness of such
interventions; and
``(C) consider alignment and coordination with indicators developed
by the Task Force;
``(8) consider additional opportunities to increase coordination
between law enforcement and financial institutions to identify
trafficking activity; and''.
(3) Presidential task force on wildlife trafficking strategic
review.--Section 301 of the Eliminate, Neutralize, and Disrupt Wildlife
Trafficking Act of 2016 (16 U.S.C. 7631), as amended by paragraph (2),
is further amended--
(A) in subsection (d)--
(i) in the matter preceding paragraph (1), by
striking ``annually'' and inserting ``biennially'';
(ii) in paragraph (4), by striking ``and'' at the
end;
(iii) in paragraph (5), by striking the period at
the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(6) an analysis of the indicators developed by the Task Force, and
recommended by the Government Accountability Office, to track and
measure inputs, outputs, law enforcement outcomes, and the market for
wildlife products for each focus country listed in the report, including
baseline measures, as appropriate, for each indicator in each focus
country to determine the effectiveness and appropriateness of such
indicators to assess progress and whether additional or separate
indicators, or adjustments to indicators, may be necessary for focus
countries.''; and
(B) in subsection (e), by striking ``5 years after'' and all
that follows and inserting ``on September 30, 2028''.
SEC. 5944. COST-SHARING REQUIREMENTS APPLICABLE TO CERTAIN BUREAU OF RECLAMATION
DAMS AND DIKES.
Section 4309 of the America's Water Infrastructure Act of 2018 (43 U.S.C.
377b note; Public Law 115-270) is amended--
(1) in the section heading, by inserting ``dams and'' before
``dikes'';
(2) in subsection (a), by striking ``effective beginning on the date
of enactment of this section, the Federal share of the operations and
maintenance costs of a dike described in subsection (b)'' and inserting
``effective during the one-year period beginning on the date of the
enactment of the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023, the Federal share of the dam safety modifications
costs of a dam or dike described in subsection (b), including repairing
or replacing a gate or ancillary gate components,''; and
(3) in subsection (b)--
(A) in the subsection heading, by inserting ``Dams and ''
before ``Dikes'';
(B) in the matter preceding paragraph (1), by inserting
``dam or'' before ``dike'' each place it appears; and
(C) in paragraph (2), by striking ``December 31, 1945'' and
inserting ``December 31, 1948''.
SEC. 5945. TRANSFER OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION PROPERTY
IN NORFOLK, VIRGINIA.
Section 1 of Public Law 110-393 is amended to read as follows:
``SECTION 1. TRANSFER OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
PROPERTY IN NORFOLK, VIRGINIA.
``(a) In General.--The Secretary shall convey all right, title, and interest
of the United States in and to the Norfolk Property to the City, to be used by
the City for the purposes of flood management and control, such that--
``(1) the property described in subsection (k)(3)(A) shall be
conveyed to the City not later than 90 days after the date of the
enactment of this section; and
``(2) the property described in subsection (k)(3)(B) shall be
conveyed to the City not later than the earlier of--
``(A) the date on which the Secretary has transferred all of
the employees of the Administration from the facilities at the
Norfolk Property; or
``(B) 8 years after the date of the enactment of this
section.
``(b) Consideration.--
``(1) In general.--As consideration for the conveyance of the
Norfolk Property, the City shall pay to the United States an amount
equal to not less than the fair market value of the Norfolk Property, as
determined by the Secretary, based on the appraisal described in
subsection (g), which may consist of cash payment, in-kind consideration
as described in paragraph (3), or a combination thereof.
``(2) Sufficiency of consideration.--
``(A) In general.--Consideration paid to the Secretary under
paragraph (1) must be sufficient, as determined by the
Secretary, to provide replacement space for and relocation of
any personnel, furniture, fixtures, equipment, and personal
property of any kind belonging to the Administration and located
upon the Norfolk Property.
``(B) Completion prior to conveyance.--Any cash
consideration must be paid in full and any in-kind consideration
must be complete, useable, and delivered to the satisfaction of
the Secretary at or prior to the time of the conveyance of the
Norfolk Property.
``(3) In-kind consideration.--In-kind consideration paid by the City
under paragraph (1) may include the acquisition, construction,
provision, improvement, maintenance, repair, or restoration (including
environmental restoration), or combination thereof, of any facilities or
infrastructure with proximity to the Norfolk Property that the Secretary
considers acceptable.
``(4) Treatment of cash consideration received.--Any cash
consideration received by the United States under paragraph (1) shall be
deposited in the special account in the Treasury under subparagraph (A)
of section 572(b)(5) of title 40, United States Code, and shall be
available in accordance with subparagraph (B)(ii) of such section.
``(c) Costs of Conveyance.--All reasonable and necessary costs, including
real estate transaction and environmental documentation costs, associated with
the conveyance of the Norfolk Property to the City under this section may be
shared equitably by the Secretary and the City, as determined by the Secretary,
including by the City providing in-kind contributions for any or all of such
costs.
``(d) Proceeds.--Any proceeds from a conveyance of the Norfolk Property
under this section shall--
``(1) be credited as discretionary offsetting collections to the
currently applicable appropriations accounts, or funds of the
Administration; or
``(2) cover costs associated with the conveyance of the Norfolk
Property and related relocation efforts, and shall be made available for
such purposes only to the extent and in the amounts provided in advance
in appropriations Acts.
``(e) Survey.--The exact acreage and legal description of the Norfolk
Property shall be determined by a survey or surveys satisfactory to the
Secretary.
``(f) Condition; Quitclaim Deed.--The Norfolk Property shall be conveyed--
``(1) in an `as is, where is' condition; and
``(2) via a quitclaim deed.
``(g) Fair Market Value.--
``(1) In general.--The fair market value of the Norfolk Property
shall be--
``(A) determined by an appraisal that--
``(i) is conducted by an independent appraiser
selected by the Secretary; and
``(ii) meets the requirements of paragraph (2); and
``(B) adjusted, at the discretion of the Secretary, based on
the factors described in paragraph (3).
``(2) Appraisal requirements.--An appraisal conducted under
paragraph (1)(A) shall be conducted in accordance with nationally
recognized appraisal standards, including the Uniform Standards of
Professional Appraisal Practice.
``(3) Factors.--The factors described in this paragraph are--
``(A) matters of equity and fairness;
``(B) actions taken by the City regarding the Norfolk
Property, including--
``(i) comprehensive waterfront planning, site
development, and other redevelopment activities
supported by the City in proximity to the Norfolk
Property in furtherance of the flood management and
control efforts of the City;
``(ii) in-kind contributions made to facilitate and
support use of the Norfolk Property by governmental
agencies; and
``(iii) maintenance expenses, capital improvements,
or emergency expenditures necessary to ensure public
safety and access to and from the Norfolk Property; and
``(C) such other factors as the Secretary determines
appropriate.
``(h) Compliance With Comprehensive Environmental Response, Compensation,
and Liability Act of 1980.--In carrying out this section, the Secretary shall
comply with section 120(h) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
``(i) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance of the Norfolk
Property as the Secretary determines appropriate to protect the interests of the
United States.
``(j) Termination.--Notwithstanding any other provision of law, the
Secretary, acting through the Under Secretary and Administrator of the
Administration, is authorized to enter into a land lease with Mobile County,
Alabama for a period of not less than 40 years, on such terms and conditions as
the Administration deems appropriate, for purposes of construction of a Gulf of
Mexico Disaster Response Center facility, provided that the lease is at no cost
to the government. The Administration may enter into agreements with State,
local, or county governments for purposes of joint use, operations, and
occupancy of such facility.
``(k) Definitions.--In this section:
``(1) Administration.--The term `Administration' means the National
Oceanic and Atmospheric Administration.
``(2) City.--The term `City' means the City of Norfolk, Virginia.
``(3) Norfolk property.--The term `Norfolk Property' means--
``(A) the real property under the administrative
jurisdiction of the Administration, including land and
improvements thereon, located at 538 Front Street, Norfolk,
Virginia, consisting of approximately 3.78 acres; and
``(B) the real property under the administrative
jurisdiction of the Administration, including land and
improvements thereon, located at 439 W. York Street, Norfolk,
Virginia, consisting of approximately 2.5231 acres.
``(4) Secretary.--The term `Secretary' means the Secretary of
Commerce.''.
SEC. 5946. OTHER MATTERS.
(a) Brennan Reef.--
(1) Designation.--The reef described in paragraph (2) shall be known
and designated as ``Brennan Reef'' in honor of the late Rear Admiral
Richard T. Brennan of the National Oceanic and Atmospheric
Administration.
(2) Reef described.--The reef referred to in paragraph (1) is--
(A) between the San Miguel and Santa Rosa Islands on the
north side of the San Miguel Passage in the Channel Island
National Marine Sanctuary; and
(B) centered at 34 degrees, 03.12 minutes North and 120
degrees, 15.95 minutes West.
(3) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the reef described in
paragraph (2) shall be deemed to be a reference to Brennan Reef.
(b) Prohibition on Sale of Shark Fins.--
(1) Prohibition.--Except as provided in paragraph (3), no person
shall possess, acquire, receive, transport, offer for sale, sell, or
purchase a shark fin or a product containing a shark fin.
(2) Penalty.--A violation of paragraph (1) shall be treated as an
act prohibited by section 307 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857) and shall be penalized
pursuant to section 308 of that Act (16 U.S.C. 1858).
(3) Exceptions.--A person may possess a shark fin that was taken
lawfully pursuant to a Federal, State, or territorial license or permit
to take or land sharks if the shark fin was separated after the first
point of landing in a manner consistent with the license or permit and
is--
(A) destroyed or disposed of immediately upon separation
from the carcass;
(B) used for noncommercial subsistence purposes in
accordance with Federal, State, or territorial law; or
(C) used solely for display or research purposes by a
museum, college, or university pursuant to a Federal, State, or
territorial permit to conduct noncommercial scientific research.
(4) Dogfish exemption.--
(A) In general.--It shall not be a violation of paragraph
(1) for a person to possess, acquire, receive, transport, offer
for sale, sell, or purchase a shark fin of a smooth dogfish
(Mustelus canis) or a spiny dogfish (Squalus acanthias).
(B) Report.--
(i) In general.--Not later than January 1, 2027, the
Secretary of Commerce shall review the exemption
provided by subparagraph (A) and submit to Congress a
report regarding such exemption that includes a
recommendation to continue or terminate the exemption.
(ii) Factors.--In carrying out clause (i), the
Secretary of Commerce shall analyze factors including--
(I) the impact of continuation and
termination of the exemption on the economic
viability of dogfish fisheries;
(II) the impact of continuation and
termination of the exemption on ocean
ecosystems;
(III) the impact of the exemption on the
enforcement of the prohibition described in
paragraph (1); and
(IV) the impact of the exemption on shark
conservation.
(5) Enforcement.--This subsection, and any regulations issued
pursuant thereto, shall be enforced by the Secretary of Commerce, who
may use by agreement, with or without reimbursement, the personnel,
services, equipment, and facilities of another Federal agency or of a
State agency or Indian Tribe for the purpose of enforcing this
subsection.
(6) Rule of construction.--Nothing in this subsection may be
construed to preclude, deny, or limit any right of a State or territory
to adopt or enforce any regulation or standard that is more stringent
than a regulation or standard in effect under this subsection.
(7) Severability.--If any provision of this subsection, or the
application thereof to any person or circumstance, is held invalid, the
validity of the remainder of the subsection and of the application of
any such provision to other persons and circumstances shall not be
affected thereby.
(8) Shark fin defined.--In this subsection, the term ``shark fin''
means the unprocessed, dried, or otherwise processed detached fin or
tail of a shark.
SEC. 5947. ENHANCING TRANSPARENCY ON INTERNATIONAL AGREEMENTS AND NON-BINDING
INSTRUMENTS.
(a) Section 112b of Title 1, United States Code.--
(1) In general.--Section 112b of title 1, United States Code, is
amended to read as follows:
``Sec. 112b. United States international agreements and non-binding instruments;
transparency provisions
``(a)(1) Not less frequently than once each month, the Secretary shall
provide in writing to the Majority Leader of the Senate, the Minority Leader of
the Senate, the Speaker of the House of Representatives, the Minority Leader of
the House of Representatives, and the appropriate congressional committees the
following:
``(A)(i) A list of all international agreements and qualifying non-
binding instruments signed, concluded, or otherwise finalized during the
prior month.
``(ii) The text of all international agreements and qualifying non-
binding instruments described in clause (i).
``(iii) A detailed description of the legal authority that, in the
view of the Secretary, provides authorization for each international
agreement and that, in the view of the appropriate department or agency,
provides authorization for each qualifying non-binding instrument
provided under clause (ii) to become operative. If multiple authorities
are relied upon in relation to an international agreement, the Secretary
shall cite all such authorities, and if multiple authorities are relied
upon in relation to a qualifying non-binding instrument, the appropriate
department or agency shall cite all such authorities. All citations to
the Constitution of the United States, a treaty, or a statute shall
include the specific article or section and subsection reference
whenever available and, if not available, shall be as specific as
possible. If the authority relied upon is or includes article II of the
Constitution of the United States, the Secretary or appropriate
department or agency shall explain the basis for that reliance.
``(B)(i) A list of all international agreements that entered into
force and qualifying non-binding instruments that became operative for
the United States or an agency of the United States during the prior
month.
``(ii) The text of all international agreements and qualifying non-
binding instruments described in clause (i) if such text differs from
the text of the agreement or instrument previously provided pursuant to
subparagraph (A)(ii).
``(iii) A statement describing any new or amended statutory or
regulatory authority anticipated to be required to fully implement each
proposed international agreement and qualifying non-binding instrument
included in the list described in clause (i).
``(2) The information and text required by paragraph (1) shall be submitted
in unclassified form, but may include a classified annex.
``(b)(1) Not later than 120 days after the date on which an international
agreement enters into force, the Secretary shall make the text of the agreement,
and the information described in subparagraphs (A)(iii) and (B)(iii) of
subsection (a)(1) relating to the agreement, available to the public on the
website of the Department of State.
``(2) Not less frequently than once every 120 days, the Secretary shall make
the text of each qualifying non-binding instrument that became operative during
the preceding 120 days, and the information described in subparagraphs (A)(iii)
and (B)(iii) of subsection (a)(1) relating to each such instrument, available to
the public on the website of the Department of State.
``(3) The requirements under paragraphs (1) and (2) shall not apply to the
following categories of international agreements or qualifying non-binding
instruments, or to information described in subparagraphs (A)(iii) and (B)(iii)
of subsection (a)(1) relating to such agreements or qualifying non-binding
instruments:
``(A) International agreements and qualifying non-binding
instruments that contain information that has been given a national
security classification pursuant to Executive Order 13526 (50 U.S.C.
3161 note; relating to classified national security information) or any
predecessor or successor order, or that contain any information that is
otherwise exempt from public disclosure pursuant to United States law.
``(B) International agreements and qualifying non-binding
instruments that address military operations, military exercises,
acquisition and cross servicing, logistics support, military personnel
exchange or education programs, or the provision of health care to
military personnel on a reciprocal basis.
``(C) International agreements and qualifying non-binding
instruments that establish the terms of grant or other similar
assistance, including in-kind assistance, financed with foreign
assistance funds pursuant to the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) or the Food for Peace Act (7 U.S.C. 1691 et seq.).
``(D) International agreements and qualifying non-binding
instruments, such as project annexes and other similar instruments, for
which the principal function is to establish technical details for the
implementation of a specific project undertaken pursuant to another
agreement or qualifying non-binding instrument that has been published
in accordance with paragraph (1) or (2).
``(E) International agreements and qualifying non-binding
instruments that have been separately published by a depositary or other
similar administrative body, except that the Secretary shall make the
information described in subparagraphs (A)(iii) and (B)(iii) of
subsection (a)(1), relating to such agreements or qualifying non-binding
instruments, available to the public on the website of the Department of
State within the timeframes required by paragraph (1) or (2).
``(c) For any international agreement or qualifying non-binding instrument
for which an implementing agreement or arrangement, or any document of similar
purpose or function to the aforementioned regardless of the title of the
document, is not otherwise required to be submitted to the Majority Leader of
the Senate, the Minority Leader of the Senate, the Speaker of the House of
Representatives, the Minority Leader of the House of Representatives, and the
appropriate congressional committees under subparagraphs (A)(ii) or (B)(ii) of
subsection (a)(1), not later than 30 days after the date on which the Secretary
receives a written communication from the Chair or Ranking Member of either of
the appropriate congressional committees requesting the text of any such
implementing agreements or arrangements, whether binding or non-binding, the
Secretary shall submit such implementing agreements or arrangements to the
Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of
the House of Representatives, the Minority Leader of the House of
Representatives, and the appropriate congressional committees.
``(d) Any department or agency of the United States Government that enters
into any international agreement or qualifying non-binding instrument on behalf
of itself or the United States shall--
``(1) provide to the Secretary the text of each international
agreement not later than 15 days after the date on which such agreement
is signed or otherwise concluded;
``(2) provide to the Secretary the text of each qualifying non-
binding instrument not later than 15 days after the date on which such
instrument is concluded or otherwise becomes finalized;
``(3) provide to the Secretary a detailed description of the legal
authority that provides authorization for each qualifying non-binding
instrument to become operative not later than 15 days after such
instrument is signed or otherwise becomes finalized; and
``(4) on an ongoing basis, provide any implementing material to the
Secretary for transmittal to the Majority Leader of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
Representatives, the Minority Leader of the House of Representatives,
and the appropriate congressional committees as needed to satisfy the
requirements described in subsection (c).
``(e)(1) Each department or agency of the United States Government that
enters into any international agreement or qualifying non-binding instrument on
behalf of itself or the United States shall designate a Chief International
Agreements Officer, who shall--
``(A) be selected from among employees of such department or agency;
``(B) serve concurrently as the Chief International Agreements
Officer; and
``(C) subject to the authority of the head of such department or
agency, have department- or agency-wide responsibility for efficient and
appropriate compliance with this section.
``(2) There shall be a Chief International Agreements Officer who serves at
the Department of State with the title of International Agreements Compliance
Officer.
``(f) The substance of oral international agreements shall be reduced to
writing for the purpose of meeting the requirements of subsections (a) and (b).
``(g) Notwithstanding any other provision of law, an international agreement
may not be signed or otherwise concluded on behalf of the United States without
prior consultation with the Secretary. Such consultation may encompass a class
of agreements rather than a particular agreement.
``(h)(1) Not later than 3 years after the date of the enactment of this
section, and not less frequently than once every 3 years thereafter during the
9-year period beginning on the date of the enactment of this section, the
Comptroller General of the United States shall conduct an audit of the
compliance of the Secretary with the requirements of this section.
``(2) In any instance in which a failure by the Secretary to comply with
such requirements is determined by the Comptroller General to have been due to
the failure or refusal of another agency to provide information or material to
the Department of State, or the failure to do so in a timely manner, the
Comptroller General shall engage such other agency to determine--
``(A) the cause and scope of such failure or refusal;
``(B) the specific office or offices responsible for such failure or
refusal; and
``(C) recommendations for measures to ensure compliance with
statutory requirements.
``(3) The Comptroller General shall submit to the Majority Leader of the
Senate, the Minority Leader of the Senate, the Speaker of the House of
Representatives, the Minority Leader of the House of Representatives, and the
appropriate congressional committees in writing the results of each audit
required by paragraph (1).
``(4) The Comptroller General and the Secretary shall make the results of
each audit required by paragraph (1) publicly available on the websites of the
Government Accountability Office and the Department of State, respectively.
``(i) The President shall, through the Secretary, promulgate such rules and
regulations as may be necessary to carry out this section.
``(j) It is the sense of Congress that the executive branch should not
prescribe or otherwise commit to or include specific legislative text in a
treaty, executive agreement, or non-binding instrument unless Congress has
authorized such action.
``(k) In this section:
``(1) The term `appropriate congressional committees' means--
``(A) the Committee on Foreign Relations of the Senate; and
``(B) the Committee on Foreign Affairs of the House of
Representatives.
``(2) The term `appropriate department or agency' means the
department or agency of the United States Government that negotiates and
enters into a qualifying non-binding instrument on behalf of itself or
the United States.
``(3) The term `intelligence community' has the meaning given that
term in section 3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4)).
``(4) The term `international agreement' includes--
``(A) any treaty that requires the advice and consent of the
Senate, pursuant to article II of the Constitution of the United
States; and
``(B) any other international agreement to which the United
States is a party and that is not subject to the advice and
consent of the Senate.
``(5) The term `qualifying non-binding instrument'--
``(A) except as provided in subparagraph (B), means a non-
binding instrument that--
``(i) is or will be under negotiation, is signed or
otherwise becomes operative, or is implemented with one
or more foreign governments, international
organizations, or foreign entities, including non-state
actors; and
``(ii)(I) could reasonably be expected to have a
significant impact on the foreign policy of the United
States; or
``(II) is the subject of a written communication
from the Chair or Ranking Member of either of the
appropriate congressional committees to the Secretary;
and
``(B) does not include any non-binding instrument that is
signed or otherwise becomes operative or is implemented pursuant
to the authorities relied upon by the Department of Defense, the
Armed Forces of the United States, or any element of the
intelligence community.
``(6) The term `Secretary' means the Secretary of State.
``(7)(A) The term `text' with respect to an international agreement
or qualifying non-binding instrument includes--
``(i) any annex, appendix, codicil, side agreement, side
letter, or any document of similar purpose or function to the
aforementioned, regardless of the title of the document, that is
entered into contemporaneously and in conjunction with the
international agreement or qualifying non-binding instrument;
and
``(ii) any implementing agreement or arrangement, or any
document of similar purpose or function to the aforementioned
regardless of the title of the document, that is entered into
contemporaneously and in conjunction with the international
agreement or qualifying non-binding instrument.
``(B) As used in subparagraph (A), the term `contemporaneously and
in conjunction with'--
``(i) shall be construed liberally; and
``(ii) may not be interpreted to require any action to have
occurred simultaneously or on the same day.
``(l) Nothing in this section may be construed--
``(1) to authorize the withholding from disclosure to the public of
any record if such disclosure is required by law; or
``(2) to require the provision of any implementing agreement or
arrangement, or any document of similar purpose or function regardless
of its title, which was entered into by the Department of Defense, the
Armed Forces of the United States, or any element of the intelligence
community or any implementing material originating with the
aforementioned agencies, if such implementing agreement, arrangement,
document, or material was not required to be provided to the Majority
Leader of the Senate, the Minority Leader of the Senate, the Speaker of
the House of Representatives, the Minority Leader of the House of
Representatives, or the appropriate congressional committees prior to
the date of the enactment of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023.''.
(2) Clerical amendment.--The table of sections at the beginning of
chapter 2 of title 1, United States Code, is amended by striking the
item relating to section 112b and inserting the following:
``112b. United States international agreements and non-binding
instruments; transparency provisions.''.
(3) Technical and conforming amendment relating to authorities of
the secretary of state.--Section 317(h)(2) of the Homeland Security Act
of 2002 (6 U.S.C. 195c(h)(2)) is amended by striking ``Section 112b(c)''
and inserting ``Section 112b(g)''.
(4) Mechanism for reporting.--Not later than 270 days after the date
of the enactment of this Act, the Secretary of State shall establish a
mechanism for personnel of the Department of State who become aware or
who have reason to believe that the requirements under section 112b of
title 1, United States Code, as amended by paragraph (1), have not been
fulfilled with respect to an international agreement or qualifying non-
binding instrument (as such terms are defined in such section) to report
such instances to the Secretary.
(5) Rules and regulations.--Not later than 180 days after the date
of the enactment of this Act, the President, through the Secretary of
State, shall promulgate such rules and regulations as may be necessary
to carry out section 112b of title 1, United States Code, as amended by
paragraph (1).
(6) Consultation and briefing requirement.--
(A) Consultation.--The Secretary of State shall consult with
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives on
matters related to the implementation of this section and the
amendments made by this section before and after the effective
date described in subsection (c).
(B) Briefing.--Not later than 90 days after the date of the
enactment of this Act, and once every 90 days thereafter for 1
year, the Secretary shall brief the Committee on Foreign
Relations of the Senate, the Committee on Appropriations of the
Senate, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Appropriations of the
House of Representatives regarding the status of efforts to
implement this section and the amendments made by this section.
(7) Authorization of appropriations.--There is authorized to be
appropriated to the Department of State $1,000,000 for each of the
fiscal years 2023 through 2027 for purposes of implementing the
requirements of section 112b of title 1, United States Code, as amended
by paragraph (1).
(b) Section 112a of Title 1, United States Code.--Section 112a of title 1,
United States Code, is amended--
(1) by striking subsections (b), (c), and (d); and
(2) by inserting after subsection (a) the following:
``(b) Copies of international agreements and qualifying non-binding
instruments in the possession of the Department of State, but not published,
other than the agreements described in section 112b(b)(3)(A), shall be made
available by the Department of State upon request.''.
(c) Effective Date of Amendments.--The amendments made by this section shall
take effect on the date that is 270 days after the date of the enactment of this
Act.
SEC. 5948. UKRAINE INVASION WAR CRIMES DETERRENCE AND ACCOUNTABILITY ACT.
(a) Short Title.--This section may be cited as the ``Ukraine Invasion War
Crimes Deterrence and Accountability Act''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) in its premeditated, unprovoked, unjustified, and unlawful full-
scale invasion of Ukraine that commenced on February 24, 2022, the
military of the Government of the Russian Federation under the direction
of President Vladimir Putin has committed war crimes that include but
are not limited to--
(A) the deliberate targeting of civilians and injuring or
killing of noncombatants;
(B) the deliberate targeting and attacking of hospitals,
schools, and other non-military buildings dedicated to religion,
art, science, or charitable purposes, such as the bombing of a
theater in Mariupol that served as a shelter for noncombatants
and had the word ``children'' written clearly in the Russian
language outside;
(C) the indiscriminate bombardment of undefended dwellings
and buildings;
(D) the wanton destruction of property not justified by
military necessity;
(E) unlawful civilian deportations;
(F) the taking of hostages; and
(G) rape, or sexual assault or abuse;
(2) the use of chemical weapons by the Government of the Russian
Federation in Ukraine would constitute a war crime, and engaging in any
military preparations to use chemical weapons or to develop, produce,
stockpile, or retain chemical weapons is prohibited by the Chemical
Weapons Convention, to which the Russian Federation is a signatory;
(3) Vladimir Putin has a long record of committing acts of
aggression, systematic abuses of human rights, and acts that constitute
war crimes or other atrocities both at home and abroad, and the
brutality and scale of these actions, including in the Russian
Federation republic of Chechnya, Georgia, Syria, and Ukraine,
demonstrate the extent to which his regime is willing to flout
international norms and values in the pursuit of its objectives;
(4) Vladimir Putin has previously sanctioned the use of chemical
weapons at home and abroad, including in the poisonings of Russian spy
turned double agent Sergei Skripal and his daughter Yulia and leading
Russian opposition figure Aleksey Navalny, and aided and abetted the use
of chemical weapons by President Bashar al-Assad in Syria; and
(5) in 2014, the Government of the Russian Federation initiated its
unprovoked war of aggression against Ukraine which resulted in its
illegal occupation of Crimea, the unrecognized declaration of
independence by the so-called ``Donetsk People's Republic'' and
``Luhansk People's Republic'' by Russia-backed proxies, and numerous
human rights violations and deaths of civilians in Ukraine.
(c) Statement of Policy.--It is the policy of the United States--
(1) to collect, analyze, and preserve evidence and information
related to war crimes and other atrocities committed during the full-
scale Russian invasion of Ukraine that began on February 24, 2022, for
use in appropriate domestic, foreign, and international courts and
tribunals prosecuting those responsible for such crimes consistent with
applicable law, including with the American Service Members' Protection
Act of 2002 (22 U.S.C. 7421 et seq.);
(2) to help deter the commission of war crimes and other atrocities
in Ukraine by publicizing to the maximum possible extent, including
among Russian and other foreign military commanders and troops in
Ukraine, efforts to identify and prosecute those responsible for the
commission of war crimes during the full-scale Russian invasion of
Ukraine that began on February 24, 2022; and
(3) to continue efforts to identify, deter, and pursue
accountability for war crimes and other atrocities committed around the
world and by other perpetrators, and to leverage international
cooperation and best practices in this regard with respect to the
current situation in Ukraine.
(d) Report on United States Efforts.--Not later than 90 days after the date
of the enactment of this Act, and consistent with the protection of intelligence
sources and methods, the President shall submit to the appropriate congressional
committees a report, which may include a classified annex, describing in detail
the following:
(1) United States Government efforts to collect, analyze, and
preserve evidence and information related to war crimes and other
atrocities committed during the full-scale Russian invasion of Ukraine
since February 24, 2022, including a description of--
(A) the respective roles of various agencies, departments,
and offices, and the interagency mechanism established for the
coordination of such efforts;
(B) the types of information and evidence that are being
collected, analyzed, and preserved to help identify those
responsible for the commission of war crimes or other atrocities
during the full-scale Russian invasion of Ukraine in 2022; and
(C) steps taken to coordinate with, and support the work of,
allies, partners, international institutions and organizations,
and nongovernmental organizations in such efforts.
(2) Media, public diplomacy, and information operations to make
Russian military commanders, troops, political leaders and the Russian
people aware of efforts to identify and prosecute those responsible for
the commission of war crimes or other atrocities during the full-scale
Russian invasion of Ukraine in 2022, and of the types of acts that may
be prosecutable.
(3) The process for a domestic, foreign, or international court or
tribunal to request and obtain from the United States Government
information related to war crimes or other atrocities committed during
the full-scale Russian invasion of Ukraine in 2022.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee on the
Judiciary, the Committee on Armed Services, and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(B) the Committee on Foreign Relations, the Committee on the
Judiciary, the Committee on Armed Services, and the Select
Committee on Intelligence of the Senate.
(2) Atrocities.--The term ``atrocities'' has the meaning given that
term in section 6(2) of the Elie Wiesel Genocide and Atrocities
Prevention Act of 2018 (Public Law 115-441; 22 U.S.C. 2656 note).
(3) War crime.--The term ``war crime'' has the meaning given that
term in section 2441(c) of title 18, United States Code.
SEC. 5949. PROHIBITION ON CERTAIN SEMICONDUCTOR PRODUCTS AND SERVICES.
(a) Prohibition on Use or Procurement.--
(1) In general.--The head of an executive agency may not--
(A) procure or obtain, or extend or renew a contract to
procure or obtain, any electronic parts, products, or services
that include covered semiconductor products or services; or
(B) enter into a contract (or extend or renew a contract)
with an entity to procure or obtain electronic parts or products
that use any electronic parts or products that include covered
semiconductor products or services.
(2) Rule of construction.--
(A) In general.--Nothing in paragraph (1) shall be
construed--
(i) to require any covered semiconductor products or
services resident in equipment, systems, or services as
of the day before the applicable effective date
specified in subsection (c) to be removed or replaced;
(ii) to prohibit or limit the utilization of such
covered semiconductor products or services throughout
the lifecycle of such existing equipment;
(iii) to require the recipient of a Federal
contract, grant, loan, or loan guarantee to replace
covered semiconductor products or services resident in
equipment, systems, or services before the effective
date specified in subsection (c); or
(iv) to require the Federal Communications
Commission to designate covered semiconductor products
or services to its Covered Communications Equipment or
Services List maintained under section 2 of the Secured
and Trusted Communications Networks Act of 2019 (47
U.S.C. 1603).
(B) Contracting prohibition.--Nothing in paragraph (1)(B)
shall be construed to cover products or services that include
covered semiconductor products or services in a system that is
not a critical system.
(b) Waiver Authority.--
(1) Secretary of defense.--The Secretary of Defense may provide a
waiver on a date later than the effective date described in subsection
(c) if the Secretary determines the waiver is in the critical national
security interests of the United States.
(2) Director of national intelligence.--The Director of National
Intelligence may provide a waiver on a date later than the effective
date described in subsection (c) if the Director determines the waiver
is in the critical national security interests of the United States.
(3) Secretary of commerce.--The Secretary of Commerce, in
consultation with the Director of National Intelligence or the Secretary
of Defense, may provide a waiver on a date later than the effective date
described in subsection (c) if the Secretary determines the waiver is in
the critical national security interests of the United States.
(4) Secretary of homeland security.--The Secretary of Homeland
Security, in consultation with the Director of National Intelligence or
the Secretary of Defense, may provide a waiver on a date later than the
effective date described in subsection (c) if the Secretary determines
the waiver is in the critical national security interests of the United
States.
(5) Secretary of energy.--The Secretary of Energy, in consultation
with the Director of National Intelligence or the Secretary of Defense,
may provide a waiver on a date later than the effective date described
in subsection (c) if the Secretary determines the waiver is in the
critical national security interests of the United States.
(6) Executive agencies.--The head of an executive agency may waive,
for a renewable period of not more than two years per waiver, the
prohibitions under subsection (a) if--
(A) the head of the agency, in consultation with the
Secretary of Commerce, determines that no compliant product or
service is available to be procured as, and when, needed at
United States market prices or a price that is not considered
prohibitively expensive; and
(B) the head of the agency, in consultation with the
Secretary of Defense or the Director of National Intelligence,
determines that such waiver could not reasonably be expected to
compromise the critical national security interests of the
United States.
(7) Report to congress.--Not later than 30 days after granting a
waiver under this subsection, the head of the executive agency granting
such waiver shall submit to the appropriate committees of Congress and
leadership a report with a notification of such waiver, including a
justification for the waiver.
(c) Effective Dates and Regulations.--
(1) Effective date.--The prohibitions under subsection (a) shall
take effect five years after the date of the enactment of this Act.
(2) Regulations.--Not later than three years after the date of the
enactment of this Act, the Federal Acquisition Regulatory Council shall
prescribe regulations implementing the prohibitions under subsection
(a), including a requirement for prime contractors to incorporate the
substance of such prohibitions and applicable implementing contract
clauses into contracts for the supply of electronic parts or products.
(d) Office of Management and Budget Report and Briefing.--Not later than 270
days after the effective date described in subsection (c)(1), the Director of
the Office of Management and Budget, in coordination with the Director of
National Intelligence and the National Cyber Director, shall provide to the
appropriate committees of Congress and leadership a report and briefing on--
(1) the implementation of the prohibitions under subsection (a),
including any challenges in the implementation; and
(2) the effectiveness and utility of the waiver authority under
subsection (b).
(e) Analysis, Assessment, and Strategy.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Commerce, in coordination
with the Secretary of Defense, the Secretary of Homeland Security, the Director
of National Intelligence, and the Secretary of Energy and, to the greatest
extent practicable, leveraging relevant previous analyses and assessments,
shall--
(1) conduct an analysis of semiconductor design and production
capacity domestically and by allied or partner countries required to
meet the needs of the Federal Government, including analyses regarding--
(A) semiconductors critical to national security, as
determined by the Secretary of Commerce, in consultation with
the Secretary of Defense and the Director of National
Intelligence, in accordance with section 9902(a)(6)(A)(i) of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283); and
(B) semiconductors classified as legacy semiconductors
pursuant to section 9902(a)(6)(A)(i) of William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283);
(2) assess the risk posed by the presence of covered semiconductor
products or services in Federal systems;
(3) assess the risk posed by the presence of covered semiconductor
products or services in the supply chains of Federal contractors and
subcontractors, including for non-Federal systems;
(4) develop a strategy to--
(A) improve the availability of domestic semiconductor
design and production capacity required to meet the requirements
of the Federal Government;
(B) support semiconductor product and service suppliers
seeking to contract with domestic, allied, or partner
semiconductor producers and to improve supply chain
traceability, including to meet the prohibitions under
subsection (a); and
(C) either certify the feasibility of implementing such
prohibitions or exercising waiver authorities under subsection
(b), to ensure uninterrupted Federal Government access to
required semiconductor products and services; and
(5) provide the results of the analysis, assessment, and strategy
developed under paragraphs (1) through (4) to the Federal Acquisition
Security Council.
(f) Governmentwide Traceability and Diversification Initiative.--
(1) In general.--Not later than two years after the date of the
enactment of this Act, the Secretary of Commerce, in coordination with
the Secretary of Homeland Security, the Secretary of Defense, the
Director of National Intelligence, the Director of the Office of
Management and Budget, and the Director of the Office of Science and
Technology Policy, and in consultation with industry, shall establish a
microelectronics traceability and diversification initiative to
coordinate analysis of and response to the Federal Government
microelectronics supply chain vulnerabilities.
(2) Elements.--The initiative established under paragraph (1) shall
include the following elements:
(A) Sharing best practices, refining microelectronics
standards, such as those established pursuant to section 224 of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92), and developing recommendations to identify
and mitigate, through diversification efforts, microelectronics
supply chain concerns.
(B) Developing an assessment framework to inform Federal
decisions on sourcing microelectronics, considering--
(i) chain of custody and traceability, including
origin and location of design, manufacturing,
distribution, shipping, and quantities;
(ii) confidentiality, including protection,
verification, and validation of intellectual property
included in microelectronics;
(iii) integrity, including--
(I) security weaknesses and vulnerabilities
that include potential supply chain attacks;
(II) risk analysis and consequence to
system;
(III) risk of intentional or unintentional
modification or tampering; and
(IV) risk of insider threats, including
integrity of people and processes involved in
the design and manufacturing of
microelectronics; and
(iv) availability, including--
(I) potential supply chain disruptions,
including due to natural disasters or
geopolitical events;
(II) prioritization of parts designed and
manufactured in the United States and in allied
or partner countries to support and sustain the
defense and technology industrial base;
(III) risk associated with sourcing parts
from suppliers outside of the United States and
allied and partner countries, including long-
term impacts on availability of microelectronics
produced domestically or in allied or partner
countries; and
(IV) obsolescence management and counterfeit
avoidance and detection.
(C) Developing a process for provenance and traceability
from design to disposal of microelectronics components and
intellectual property contained therein implementable across the
Federal acquisition system to improve reporting, data analysis,
and tracking.
(D) Developing and implementing policies and plans to
support the following:
(i) Development of domestic design and manufacturing
capabilities to replace covered semiconductor products
or services.
(ii) Utilization of the assessment framework
developed under subparagraph (B).
(iii) Implementation of the strategy required under
subsection (e)(4) as applicable.
(iv) Identification of and integration with existing
information reporting and data visualization systems in
the Federal Government, including modification to such
systems to track the information.
(v) A requirement to document microelectronics used
in systems and subsystems, including origin and location
of design and manufacturing, technologies used, and
quantities procured.
(vi) Elimination from Federal Government supply
chains of microelectronics from entities included on the
Consolidated Screening List maintained by the
International Trade Administration of the Department of
Commerce.
(3) Coordination required.--In carrying out this subsection, the
Secretary of Commerce shall coordinate, as necessary, with the following
entities:
(A) The National Science and Technology Council Subcommittee
on Microelectronics Leadership.
(B) The Department of Commerce semiconductor industrial
advisory committee established under subsection 9906(b) of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283).
(C) The White House Coordinator for CHIPS Implementation.
(D) The Federal Acquisition Security Council (FASC).
(E) The Government-Industry Working Group on
Microelectronics.
(F) The Joint Defense Manufacturing Technology Panel
(JDMTP).
(G) Standards development organizations.
(g) Federal Acquisition Security Council.--Not later than two years after
the date of the enactment of this Act, the Federal Acquisition Security Council,
in consultation with the Secretary of Commerce, the Secretary of Defense, the
Secretary of Homeland Security, the Director of National Intelligence, and the
Secretary of Energy, and after engagement with the private sector and other
nongovernmental stakeholders in accordance with section 1323 of title 41, United
States Code, shall--
(1) issue recommendations to mitigate supply chain risks relevant to
Federal Government acquisition of semiconductor products and services,
considering--
(A) the analysis, assessment, and strategy developed under
subsection (e) and any related updates;
(B) the standards provided under section 224 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92), including any tiers of trust, levels of security, or risk-
based approaches established under such section;
(C) the extent to which such recommendations would enhance
the security of critical systems;
(D) the extent to which such recommendations would impact
Federal access to commercial technologies; and
(E) any risks to the Federal Government from contracting
with microelectronics suppliers that include covered
semiconductor products or services in non-Federal supply chains;
and
(2) make recommendations to the Federal Acquisition Regulatory
Council and the heads of executive agencies for any needed regulations
to mitigate supply chain risks.
(h) Applicability and Responsibilities of Covered Entities and
Contractors.--The regulations prescribed pursuant to subsection (c)(2) shall--
(1) provide that contractors who supply a Federal agency with
electronic parts or products are responsible for--
(A) certifying to the non-use of covered semiconductor
products or services in such parts or products;
(B) detecting and avoiding the use or inclusion of such
covered semiconductor products or services in such parts or
products; and
(C) any rework or corrective action that may be required to
remedy the use or inclusion of such covered semiconductor
products or services in such parts or products;
(2) require covered entities to disclose to direct customers the
inclusion of a covered semiconductor product or service in electronic
parts, products, or services included in electronic parts, products, or
services subject to the contracting prohibition under subsection (a) as
to whether such supplied parts, products, or services include covered
semiconductors products or services;
(3) provide that a covered entity that fails to disclose the
inclusion to direct customers of a covered semiconductor product or
service in electronic parts, products, or services procured or obtained
by an executive agency in contravention of subsection (a) shall be
responsible for any rework or corrective action that may be required to
remedy the use or inclusion of such covered semiconductor product or
service;
(4) provide that the costs of covered semiconductor products or
services, suspect semiconductor products, and any rework or corrective
action that may be required to remedy the use or inclusion of such
products are not allowable costs for Federal contracts;
(5) provide that--
(A) any covered entity or Federal contractor or
subcontractor who becomes aware, or has reason to suspect, that
any end item, component, or part of a critical system purchased
by the Federal Government, or purchased by a Federal contractor
or subcontractor for delivery to the Federal Government for any
critical system, that contains covered semiconductor products or
services shall notify appropriate Federal authorities in writing
within 60 days; and
(B) the Federal authorities shall report such information to
the appropriate committees of Congress and leadership within 120
days;
(6) provide that Federal bidders and contractors--
(A) may reasonably rely on the certifications of compliance
from covered entities and subcontractors who supply electronic
parts, products, or services when providing proposals to the
Federal Government; and
(B) are not required to conduct independent third party
audits or other formal reviews related to such certifications;
(7) provide that a Federal contractor or subcontractor that provides
a notification under paragraph (5) that does not regard electronic parts
or products manufactured or assembled by such Federal contractor or
subcontractor shall not be subject to civil liability nor determined to
not be a presently responsible contractor on the basis of such
notification; and
(8) provide that a Federal contractor or subcontractor that provides
a notification under paragraph (5) that regards electronic parts or
products manufactured or assembled by such Federal contractor or
subcontractor shall not be subject to civil liability nor determined to
not be a presently responsible contractor on the basis of such
notification if the Federal contractor or subcontractor makes a
comprehensive and documentable effort to identify and remove covered
semiconductor products or services from the Federal supply.
(i) Reports.--
(1) Secretary of commerce.--Not later than 60 days after completing
the assessment required under subsection (e), the Secretary of Commerce
shall submit to the appropriate committees of Congress and leadership--
(A) a report of the findings and recommendations of the
analyses, assessment, and strategy developed under such
subsection; and
(B) a report on development of the microelectronics
traceability and diversification initiative under subsection
(f)(1).
(2) Federal acquisition security council.--Not later than one year
after the date of the enactment of this Act, and annually thereafter for
ten years, the Federal Acquisition Security Council shall include in the
annual report submitted under section 1325 of title 41, United States
Code, a description of--
(A) the development of recommendations under subsection (g),
including the considerations described in paragraph (1) of such
subsection; and
(B) as applicable, the impact of any recommendations or
regulations implemented.
(j) Definitions.--In this section:
(1) Appropriate committees of congress and leadership.--The term
``appropriate committees of Congress and leadership'' means--
(A) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, the Committee on Homeland
Security and Governmental Affairs, the Committee on Energy and
Natural Resources, the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, the Select
Committee on Intelligence, and the majority and minority leaders
of the Senate; and
(B) the Committee on Armed Services, the Committee on Energy
and Commerce, the Committee on Science, Space, and Technology,
the Committee on Oversight and Reform, the Committee on Foreign
Affairs, the Committee on Homeland Security, the Permanent
Select Committee on Intelligence, and the Speaker, the majority
leader, and the minority leader of the of the House of
Representatives.
(2) Covered entity.--The term ``covered entity'' means an entity
that--
(A) develops, domestically or abroad, a design of a
semiconductor that is the direct product of United States origin
technology or software; and
(B) purchases covered semiconductor products or services
from an entity described in subparagraph (A) or (C) of paragraph
(3).
(3) Covered semiconductor product or services.--The term ``covered
semiconductor product or services'' means any of the following:
(A) A semiconductor, a semiconductor product, a product that
incorporates a semiconductor product, or a service that utilizes
such a product, that is designed, produced or provided by,
Semiconductor Manufacturing International Corporation (SMIC) (or
any subsidiary, affiliate, or successor of such entity).
(B) A semiconductor, a semiconductor product, a product that
incorporates a semiconductor product, or a service that utilizes
such a product, that is designed, produced, or provided by
ChangXin Memory Technologies (CXMT) or Yangtze Memory
Technologies Corp (YMTC) (or any subsidiary, affiliate, or
successor of such entities).
(C) A semiconductor, semiconductor product, or semiconductor
service produced or provided by an entity that the Secretary of
Defense or the Secretary of Commerce, in consultation with the
Director of the National Intelligence or the Director of the
Federal Bureau of Investigation, determines to be an entity
owned or controlled by, or otherwise connected to, the
government of a foreign country of concern, provided that the
determination with respect to such entity is published in the
Federal Register.
(4) Critical system.--The term ``critical system''--
(A) has the meaning given the term ``national security
system'' in section 11103(a)(1) of title 40, United States Code;
(B) shall include additional systems identified by the
Federal Acquisition Security Council;
(C) shall include additional systems identified by the
Department of Defense, consistent with guidance provided under
section 224 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92); and
(D) shall not include a system to be used for routine
administrative and business applications (including payroll,
finance, logistics, and personnel management applications).
(5) Foreign country of concern.--The term ``foreign country of
concern'' has the meaning given the term in paragraph (7) of section
9901 of the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (15 U.S.C. 4651), as added by section 103(a)(4)
of the CHIPS Act of 2022 (division A of Public Law 117-167).
(k) Extension of Federal Acquisition Security Supply Chain Act of 2018.--
(1) Subchapter iii of chapter 13 of title 41, united states code.--
Section 1328 of title 41, United States Code, is amended by striking
``the date that is 5 years after the date of the enactment of the
Federal Acquisition Supply Chain Security Act of 2018'' and inserting
``December 31, 2033''.
(2) Section 4713 of title 41, united states code.--Section 4713(j)
of title 41, United States Code, is amended by striking ``the date that
is 5 years after the date of the enactment of the Federal Acquisition
Supply Chain Security Act of 2018'' and inserting ``December 31, 2033''.
(l) Authorization of Appropriations for Federal Acquisition Security
Council.--
(1) In general.--There is authorized to be appropriated $3,000,000
for each of fiscal years 2023 through 2033 for the Office of Management
and Budget to support the activities of the Federal Acquisition Security
Council.
(2) Transfer authority.--The Director of the Office of Management
and Budget may transfer funds authorized to be appropriated under
paragraph (1) to other Federal agencies for the performance of work for
which the funds were authorized.
DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023
SEC. 6001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2023''.
(b) Table of Contents.--The table of contents for this division is as
follows:
DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023
Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.
Sec. 6003. Explanatory statement.
TITLE LXI--INTELLIGENCE ACTIVITIES
Sec. 6101. Authorization of appropriations.
Sec. 6102. Classified Schedule of Authorizations.
Sec. 6103. Intelligence Community Management Account.
Sec. 6104. Restriction on conduct of intelligence activities.
Sec. 6105. Increase in employee compensation and benefits authorized by
law.
TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM
Sec. 6201. Authorization of appropriations.
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 6301. Modification of requirements for certain employment
activities by former intelligence officers
and employees.
Sec. 6302. Counterintelligence and national security protections for
intelligence community grant funding.
Sec. 6303. Extension of Central Intelligence Agency law enforcement
jurisdiction to facilities of Office of
Director of National Intelligence.
Sec. 6304. Annual reports on status of recommendations of Comptroller
General of the United States for the
Director of National Intelligence.
Sec. 6305. Timely submission of classified intelligence budget
justification materials.
Sec. 6306. Copyright protection for civilian faculty of the National
Intelligence University.
Sec. 6307. Modifications to Foreign Malign Influence Response Center.
Sec. 6308. Requirement to offer cyber protection support for personnel
of intelligence community in positions
highly vulnerable to cyber attack.
Sec. 6309. Enforcement of cybersecurity requirements for national
security systems.
Sec. 6310. Review and briefing on intelligence community activities
under Executive Order 12333.
Sec. 6311. Assessing intelligence community open-source support for
export controls and foreign investment
screening.
Sec. 6312. Annual training requirement and report regarding analytic
standards.
Sec. 6313. Review of Joint Intelligence Community Council.
Sec. 6314. Required policy for minimum insider threat standards.
Sec. 6315. Unfunded priorities of the intelligence community.
Sec. 6316. Submission of covered documents and classified annexes.
Sec. 6317. Improvements to program on recruitment and training.
Sec. 6318. Measures to mitigate counterintelligence threats from
proliferation and use of foreign commercial
spyware.
Sec. 6319. Personnel vetting performance measures.
Sec. 6320. Proactive cybersecurity.
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 6401. Modifications to responsibilities and authorities of
Director of National Intelligence.
Sec. 6402. Annual submission to Congress of National Intelligence
Priorities Framework.
Sec. 6403. Disposition of records of Office of the Director of National
Intelligence.
Subtitle B--Central Intelligence Agency
Sec. 6411. Clarification regarding protection of Central Intelligence
Agency functions.
Sec. 6412. Expansion of reporting requirements relating to authority to
pay personnel of Central Intelligence
Agency for certain injuries to the brain.
Sec. 6413. Historical Advisory Panel of Central Intelligence Agency.
Sec. 6414. Authority of Central Intelligence Agency to provide
protection for certain personnel.
Sec. 6415. Notification of use of certain expenditure authorities.
Sec. 6416. Office supporting Central Intelligence Agency workforce
wellbeing.
Subtitle C--Elements of the Defense Intelligence Enterprise
Sec. 6421. Inclusion of Space Force as element of intelligence
community.
Sec. 6422. Oversight of Defense Intelligence Agency culture.
Subtitle D--Other Elements
Sec. 6431. Modification of advisory board in National Reconnaissance
Office.
Sec. 6432. Establishment of advisory board for National Geospatial-
Intelligence Agency.
Sec. 6433. Elevation of the commercial and business operations office
of the National Geospatial-Intelligence
Agency.
Sec. 6435. Study on personnel under Strategic Intelligence Partnership
Program.
Sec. 6436. Briefing on coordination between intelligence community and
Bureau of Industry and Security.
TITLE LXV--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Intelligence Matters Relating to the People's Republic of
China
Sec. 6501. Report on wealth and corrupt activities of the leadership of
the Chinese Communist Party.
Sec. 6502. Identification and threat assessment of companies with
investments by the People's Republic of
China.
Sec. 6503. Intelligence community working group for monitoring the
economic and technological capabilities of
the People's Republic of China.
Sec. 6504. Annual report on concentrated reeducation camps in the
Xinjiang Uyghur Autonomous Region of the
People's Republic of China.
Sec. 6505. Assessments of production of semiconductors by the People's
Republic of China.
Subtitle B--Miscellaneous Authorities, Requirements, and Limitations
Sec. 6511. Notice of deployment or transfer of containerized missile
systems by Russia, China, or Iran.
Sec. 6512. Intelligence community coordinator for Russian atrocities
accountability.
Sec. 6513. Lead intelligence community coordinator for countering and
neutralizing proliferation of Iran-origin
unmanned aircraft systems.
Sec. 6514. Collaboration between intelligence community and Department
of Commerce to counter foreign commercial
threats.
Sec. 6515. Intelligence assessment on foreign weaponization of
advertisement technology data.
Sec. 6516. Intelligence community assessment regarding Russian gray
zone assets.
Subtitle C--Reports and Other Matters
Sec. 6521. Report on assessing will to fight.
Sec. 6522. Report on threat from hypersonic weapons.
Sec. 6523. Report on ordnance of Russia and China.
Sec. 6524. Report on activities of China and Russia targeting Latin
America and the Caribbean.
Sec. 6525. Report on support provided by China to Russia.
Sec. 6526. Report on global CCP financing of port infrastructure.
Sec. 6527. Sense of Congress on provision of support by intelligence
community for atrocity prevention and
accountability.
TITLE LXVI--INTELLIGENCE COMMUNITY WORKFORCE MATTERS
Sec. 6601. Improving onboarding of personnel in intelligence community.
Sec. 6602. Report on legislative action required to implement Trusted
Workforce 2.0 initiative.
Sec. 6603. Inspector General of the Intelligence Community assessment
of administration of polygraphs in
intelligence community.
Sec. 6604. Timeliness in the administration of polygraphs.
Sec. 6605. Policy on submittal of applications for access to classified
information for certain personnel.
Sec. 6606. Technical correction regarding Federal policy on sharing of
covered insider threat information.
Sec. 6607. Inspector General of the Intelligence Community report on
use of space certified as sensitive
compartmented information facilities.
Sec. 6608. Improving prohibition of certain personnel practices in
intelligence community with respect to
contractor employees.
Sec. 6609. Definitions regarding whistleblower complaints and
information of urgent concern received by
inspectors general of the intelligence
community.
TITLE LXVII--MATTERS RELATING TO EMERGING TECHNOLOGIES
Subtitle A--General Matters
Sec. 6701. Definitions.
Sec. 6702. Additional responsibilities of Director of National
Intelligence for artificial intelligence
policies, standards, and guidance for the
intelligence community.
Sec. 6703. Director of Science and Technology.
Sec. 6704. Intelligence Community Chief Data Officer.
Subtitle B--Improvements Relating to Procurement
Sec. 6711. Additional transaction authority.
Sec. 6712. Implementation plan and advisability study for offices of
commercial integration.
Sec. 6713. Pilot program on designated emerging technology transition
projects.
Sec. 6714. Harmonization of authorizations to operate.
Sec. 6715. Plan to expand sensitive compartmented information facility
access by certain contractors; reports on
expansion of security clearances for
certain contractors.
Sec. 6716. Compliance by intelligence community with requirements of
Federal Acquisition Regulation relating to
commercially available off-the-shelf items
and commercial services.
Sec. 6717. Policy on required user adoption metrics in certain
contracts for artificial intelligence and
emerging technology software products.
Sec. 6718. Certification relating to information technology and
software systems.
Subtitle C--Reports
Sec. 6721. Reports on integration of artificial intelligence within
intelligence community.
Sec. 6722. Report on potential benefits of establishment of ICWERX.
Sec. 6723. Requirements and report on workforce needs of intelligence
community relating to science, technology,
engineering, and math, and related areas.
Subtitle D--Talent, Education, and Training
Sec. 6731. Report on establishment of technology acquisition cadre.
Sec. 6732. Emerging technology education and training.
Subtitle E--Other Matters
Sec. 6741. Improvements to use of commercial software products.
Sec. 6742. Code-free artificial intelligence enablement tools policy.
TITLE LXVIII--OTHER MATTERS
Sec. 6801. Improvements relating to continuity of Privacy and Civil
Liberties Oversight Board membership.
Sec. 6802. Modification of requirement for office to address
unidentified anomalous phenomena.
Sec. 6803. Comptroller General of the United States audits and
briefings on unidentified anomalous
phenomena historical record report.
Sec. 6804. Report on precursor chemicals used in the production of
synthetic opioids.
Sec. 6805. Assessment and report on mass migration in the Western
Hemisphere.
Sec. 6806. Report on international norms, rules, and principles
applicable in space.
Sec. 6807. Assessments of the effects of sanctions imposed with respect
to the Russian Federation's invasion of
Ukraine.
Sec. 6808. Assessment of impact of Russia's invasion of Ukraine on food
security.
Sec. 6809. Pilot program for Director of Federal Bureau of
Investigation to undertake an effort to
identify International Mobile Subscriber
Identity-catchers.
Sec. 6810. Department of State Bureau of Intelligence and Research
assessment of anomalous health incidents.
Sec. 6811. Repeal and modification of certain reporting and briefing
requirements.
Sec. 6812. Increased intelligence-related engineering, research, and
development capabilities of minority
institutions.
Sec. 6813. Reports on personnel vetting processes and progress under
Trusted Workforce 2.0 initiative.
Sec. 6814. Reports relating to programs of record of National
Geospatial-Intelligence Agency.
Sec. 6815. Plan regarding Social Media Data and Threat Analysis Center.
Sec. 6816. Report on use of publicly available social media information
in personnel vetting determinations.
Sec. 6817. Report on strengthening workforce diversity planning and
oversight.
Sec. 6818. Report on transition of National Reconnaissance Office to
digital engineering environment.
Sec. 6819. Briefing on Department of Homeland Security intelligence
activities.
Sec. 6820. Report on declassification efforts of Central Intelligence
Agency.
Sec. 6821. Report on National Space Intelligence Center.
Sec. 6822. Report on implementation of Executive Order 13556, regarding
controlled unclassified information.
Sec. 6823. National Museum of Intelligence and Special Operations.
Sec. 6824. Technical corrections.
SEC. 6002. DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The term ``congressional
intelligence committees'' has the meaning given such term in section 3
of the National Security Act of 1947 (50 U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence community'' has
the meaning given such term in such section.
SEC. 6003. EXPLANATORY STATEMENT.
The explanatory statement regarding this division, printed in the House
section of the Congressional Record by the Chairman of the Permanent Select
Committee on Intelligence of the House of Representatives and in the Senate
section of the Congressional Record by the Chairman of the Select Committee on
Intelligence of the Senate, shall have the same effect with respect to the
implementation of this division as if it were a joint explanatory statement of a
committee of conference.
TITLE LXI--INTELLIGENCE ACTIVITIES
SEC. 6101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2023 for the
conduct of the intelligence and intelligence-related activities of the Federal
Government.
SEC. 6102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be appropriated
under section 6101 for the conduct of the intelligence activities of the Federal
Government are those specified in the classified Schedule of Authorizations
prepared to accompany this division.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of Authorizations
referred to in subsection (a) shall be made available to the Committee
on Appropriations of the Senate, the Committee on Appropriations of the
House of Representatives, and to the President.
(2) Distribution by the president.--Subject to paragraph (3), the
President shall provide for suitable distribution of the classified
Schedule of Authorizations referred to in subsection (a), or of
appropriate portions of such Schedule, within the executive branch of
the Federal Government.
(3) Limits on disclosure.--The President shall not publicly disclose
the classified Schedule of Authorizations or any portion of such
Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 6103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be appropriated
for the Intelligence Community Management Account of the Director of National
Intelligence for fiscal year 2023 the sum of $664,445,000.
(b) Classified Authorization of Appropriations.--In addition to amounts
authorized to be appropriated for the Intelligence Community Management Account
by subsection (a), there are authorized to be appropriated for the Intelligence
Community Management Account for fiscal year 2023 such additional amounts as are
specified in the classified Schedule of Authorizations referred to in section
6102(a).
SEC. 6104. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this division shall not be deemed to
constitute authority for the conduct of any intelligence activity which is not
otherwise authorized by the Constitution or the laws of the United States.
SEC. 6105. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY LAW.
Appropriations authorized by this division for salary, pay, retirement, and
other benefits for Federal employees may be increased by such additional or
supplemental amounts as may be necessary for increases in such compensation or
benefits authorized by law.
TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 6201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence Agency
Retirement and Disability Fund $514,000,000 for fiscal year 2023.
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 6301. MODIFICATION OF REQUIREMENTS FOR CERTAIN EMPLOYMENT ACTIVITIES BY
FORMER INTELLIGENCE OFFICERS AND EMPLOYEES.
(a) In General.--Subsections (a) and (b) of section 304 of the National
Security Act of 1947 (50 U.S.C. 3073a) are amended to read as follows:
``(a) Post-employment Restrictions.--
``(1) Covered post-service position.--
``(A) Permanent restriction.--Except as provided by
paragraph (2)(A)(i), an employee of an element of the
intelligence community who occupies a covered intelligence
position may not occupy a covered post-service position for a
designated prohibited foreign country following the date on
which the employee ceases to occupy a covered intelligence
position.
``(B) Temporary restriction.--Except as provided by
paragraph (2)(A)(ii), an employee of an element of the
intelligence community who occupies a covered intelligence
position may not occupy a covered post-service position during
the 30-month period following the date on which the employee
ceases to occupy a covered intelligence position.
``(2) Waiver.--
``(A) Authority to grant temporary waiver.--
``(i) Waivers of permanent restriction.--On a case-
by-case basis, the Director of National Intelligence may
temporarily waive the restriction in paragraph (1)(A)
with respect to an employee or former employee who is
subject to that restriction only after--
``(I) the employee or former employee
submits to the Director a written application
for such waiver in such form and manner as the
Director determines appropriate;
``(II) the Director determines that not
granting such waiver would result in a grave
detrimental impact to current or future
intelligence operations of the United States;
and
``(III) the Director provides the
congressional intelligence committees with a
detailed justification stating why not granting
such waiver would result in a grave detrimental
impact to current or future intelligence
operations of the United States.
``(ii) Waivers of temporary restriction.--On a case-
by-case basis, the Director may temporarily waive the
restriction in paragraph (1)(B) with respect to an
employee or former employee who is subject to that
restriction only after--
``(I) the employee or former employee
submits to the Director a written application
for such waiver in such form and manner as the
Director determines appropriate; and
``(II) the Director determines that such
waiver is necessary to advance the national
security interests of the United States.
``(B) Period of waiver.--A waiver issued under subparagraph
(A) shall apply for a period not exceeding 5 years. The Director
may renew such a waiver.
``(C) Revocation.--The Director may revoke a waiver issued
under subparagraph (A) to an employee or former employee,
effective on the date that is 60 days after the date on which
the Director provides the employee or former employee written
notice of such revocation.
``(D) Tolling.--The 30-month restriction in paragraph (1)(B)
shall be tolled for an employee or former employee during the
period beginning on the date on which a waiver is issued under
subparagraph (A) and ending on the date on which the waiver
expires or on the effective date of a revocation under
subparagraph (C), as the case may be.
``(E) Notification.--Not later than 30 days after the date
on which the Director issues a waiver under subparagraph (A) or
a revocation of a waiver under subparagraph (C), the Director
shall submit to the congressional intelligence committees
written notification of the waiver or revocation, as the case
may be. Such notification shall include the following:
``(i) With respect to a waiver issued to an employee
or former employee--
``(I) the details of the application,
including the covered intelligence position held
or formerly held by the employee or former
employee;
``(II) the nature of the activities of the
employee or former employee after ceasing to
occupy a covered intelligence position;
``(III) a description of the national
security interests that will be advanced by
reason of issuing such waiver; and
``(IV) the specific reasons why the Director
determines that issuing such waiver will advance
such interests.
``(ii) With respect to a revocation of a waiver
issued to an employee or former employee--
``(I) the details of the waiver, including
any renewals of such waiver, and the dates of
such waiver and renewals; and
``(II) the specific reasons why the Director
determined that such revocation is warranted.
``(b) Covered Post-service Employment Reporting.--
``(1) Requirement.--During the period described in paragraph (2), an
employee who ceases to occupy a covered intelligence position shall--
``(A) report covered post-service employment to the head of
the element of the intelligence community that employed such
employee in such covered intelligence position upon accepting
such covered post-service employment; and
``(B) annually (or more frequently if the head of such
element considers it appropriate) report covered post-service
employment to the head of such element.
``(2) Period described.--The period described in this paragraph is
the period beginning on the date on which an employee ceases to occupy a
covered intelligence position.
``(3) Regulations.--The head of each element of the intelligence
community shall issue regulations requiring, as a condition of
employment, each employee of such element occupying a covered
intelligence position to sign a written agreement requiring the regular
reporting of covered post-service employment to the head of such element
pursuant to paragraph (1).''.
(b) Definition of Designated Prohibited Foreign Country.--Subsection (g) of
such section is amended--
(1) by redesignating paragraphs (4) through (6) as paragraphs (5)
through (7), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Designated prohibited foreign country.--The term `designated
prohibited foreign country' means the following:
``(A) The People's Republic of China.
``(B) The Russian Federation.
``(C) The Democratic People's Republic of Korea.
``(D) The Islamic Republic of Iran.
``(E) The Republic of Cuba.
``(F) The Syrian Arab Republic.''.
(c) Additional Written Notice.--
(1) In general.--Subsection (d) of such section is amended by adding
at the end the following:
``(3) Written notice about restrictions.--The head of each element
of the intelligence community shall provide written notice of the
restrictions under subsection (a) to any person who may be subject to
such restrictions on or after the date of enactment of the Intelligence
Authorization Act for Fiscal Year 2023--
``(A) when the head of the element determines that such
person may become subject to such covered intelligence position
restrictions; and
``(B) before the person ceases to occupy a covered
intelligence position.''.
(2) Conforming amendment.--Paragraph (2) of such subsection is
amended in the paragraph heading by adding ``about reporting
requirements'' after ``Written notice''.
(d) Revised Regulations.--
(1) Definition of covered intelligence position.--In this
subsection, the term ``covered intelligence position'' has the meaning
given such term by such section 304.
(2) Submission.--Not later than 30 days after the date of the
enactment of this Act, the head of each element of the intelligence
community shall submit to the congressional intelligence committees new
or updated regulations issued to carry out such section 304, as amended
by subsections (a), (b), and (c) of this section.
(3) Requirements.--The regulations issued under paragraph (1)
shall--
(A) include provisions that advise personnel of the
intelligence community of the appropriate manner in which such
personnel may opt out of positions that--
(i) have been designated as covered intelligence
positions before the effective date established in
subsection (e) of this section; or
(ii) may be designated as covered intelligence
provisions before such designation becomes final; and
(B) establish a period of not fewer than 30 days and not
more than 60 days after receipt of the written notice required
under paragraph (3) of subsection (d) of such section 304, as
added by subsection (c)(1) of this section, within which such
personnel may opt out of a covered intelligence position and the
accompanying obligations imposed by subsection (a)(1)(A) of such
section 304, as amended by subsection (a) of this section.
(4) Certification.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees--
(A) a written certification for each head of an element of
the intelligence community who has issued new or updated
regulations pursuant to paragraph (2); and
(B) for each head of an element of the intelligence
community who has not issued such new or updated regulations, an
explanation for the failure to issue such new or updated
regulations.
(e) Effective Date of Permanent Restrictions.--Subsection (a)(1)(A) of such
section 304, as amended by subsection (a) of this section, shall apply only to
persons who occupy a covered intelligence position on or after the date that is
45 days after the date on which new or updated regulations are issued under
subsection (d)(2) of this section.
(f) Repeal.--Section 402 of the Intelligence Authorization Act for Fiscal
Year 1997 (Public Law 104-293) is hereby repealed.
SEC. 6302. COUNTERINTELLIGENCE AND NATIONAL SECURITY PROTECTIONS FOR
INTELLIGENCE COMMUNITY GRANT FUNDING.
(a) In General.--Title I of the National Security Act of 1947 (50 U.S.C.
3021 et seq.) is amended by adding at the end the following:
``SEC. 121. COUNTERINTELLIGENCE AND NATIONAL SECURITY PROTECTIONS FOR
INTELLIGENCE COMMUNITY GRANT FUNDING.
``(a) Disclosure as Condition for Receipt of Grant.--The head of an element
of the intelligence community may not award a grant to a person or entity unless
the person or entity has certified to the head of the element that the person or
entity has disclosed to the head of the element any material financial or
material in-kind support that the person or entity knows, or should have known,
derives from the People's Republic of China, the Russian Federation, the Islamic
Republic of Iran, the Democratic People's Republic of Korea, or the Republic of
Cuba, during the 5-year period ending on the date of the person or entity's
application for the grant.
``(b) Process for Review of Grant Applicants Prior to Award.--
``(1) In general.--The head of an element of the intelligence
community may not award a grant to a person or entity who submitted a
certification under subsection (a) until such certification is received
by the head of an element of the intelligence community and submitted to
the Director of National Intelligence pursuant to the process set forth
in paragraph (2).
``(2) Process.--
``(A) In general.--The Director of National Intelligence, in
coordination with such heads of elements of the intelligence
community as the Director considers appropriate, shall establish
a process to review the awarding of a grant to an applicant who
submitted a certification under subsection (a).
``(B) Elements.--The process established under subparagraph
(A) shall include the following:
``(i) The immediate transmission of a copy of each
applicant's certification made under subsection (a) to
the Director of National Intelligence.
``(ii) The review of the certification and any
accompanying disclosures submitted under subsection (a)
as soon as practicable.
``(iii) Authorization for the heads of the elements
of the intelligence community to take such actions as
may be necessary, including denial or revocation of a
grant, to ensure a grant does not pose an unacceptable
risk of--
``(I) misappropriation of United States
intellectual property, research and development,
and innovation efforts; or
``(II) other counterintelligence threats.
``(c) Annual Report Required.--Not later than 1 year after the date of the
enactment of the Intelligence Authorization Act for Fiscal Year 2023 and not
less frequently than once each year thereafter, the Director of National
Intelligence shall submit to the congressional intelligence committees an annual
report identifying the following for the 1-year period covered by the report:
``(1) The number of applications for grants received by each element
of the intelligence community.
``(2) The number of such applications that were reviewed using the
process established under subsection (b)(2), disaggregated by element of
the intelligence community.
``(3) The number of such applications that were denied and the
number of grants that were revoked, pursuant to the process established
under subsection (b)(2), disaggregated by element of the intelligence
community.''.
(b) Applicability.--Subsections (a) and (b) of section 121 of such Act, as
added by subsection (a), shall apply only with respect to grants awarded by an
element of the intelligence community after the date of the enactment of this
Act.
(c) Clerical Amendment.--The table of contents preceding section 2 of such
Act is amended by inserting after the item relating to section 120 the
following:
``Sec. 121. Counterintelligence and national security protections for
intelligence community grant funding.''.
SEC. 6303. EXTENSION OF CENTRAL INTELLIGENCE AGENCY LAW ENFORCEMENT JURISDICTION
TO FACILITIES OF OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE.
(a) In General.--Section 15(a) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3515(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``; and'' and inserting
a semicolon;
(B) by redesignating subparagraph (D) as subparagraph (E);
(C) by inserting after subparagraph (C) the following:
``(D) within an installation owned, or contracted to be occupied for
a period of one year or longer, by the Office of the Director of
National Intelligence; and''; and
(D) in subparagraph (E), as redesignated by subparagraph
(B), by inserting ``or (D)'' after ``in subparagraph (C)'';
(2) in paragraph (2), by striking ``or (D)'' and inserting ``or
(E)''; and
(3) in paragraph (4), by striking ``in subparagraph (A) or (C)'' and
inserting ``in subparagraph (A), (C), or (D)''.
(b) Conforming Amendment.--Section 5(a)(4) of such Act (50 U.S.C.
3506(a)(4)) is amended by inserting ``and Office of the Director of National
Intelligence'' after ``protection of Agency''.
SEC. 6304. ANNUAL REPORTS ON STATUS OF RECOMMENDATIONS OF COMPTROLLER GENERAL OF
THE UNITED STATES FOR THE DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Definition of Open Recommendations.--In this section, the term ``open
recommendations'' refers to recommendations of the Comptroller General of the
United States that the Comptroller General has not yet designated as closed.
(b) Annual Lists by Comptroller General of the United States.--Not later
than September 30, 2023, and each September 30 thereafter through 2028, the
Comptroller General of the United States shall submit to the congressional
intelligence committees and the Director of National Intelligence a list of all
open recommendations made to the Director, disaggregated by report number and
recommendation number.
(c) Annual Reports by Director of National Intelligence.--Not later than 120
days after the date on which the Director receives a list under subsection (b),
the Director shall submit to the congressional intelligence committees, the
Committee on Appropriations of the Senate, and the Committee on Appropriations
of the House of Representatives a report on the actions taken by the Director
and actions the Director intends to take, alone or in coordination with the
heads of other Federal agencies, in response to each open recommendation
identified in the list, including open recommendations the Director determines
are closed and recommendations the Director determines do not require further
action, as well as the basis for such determinations.
SEC. 6305. TIMELY SUBMISSION OF CLASSIFIED INTELLIGENCE BUDGET JUSTIFICATION
MATERIALS.
Title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) is
amended by inserting after section 506I the following new section (and
conforming the table of contents at the beginning of such Act accordingly):
``SEC. 506J. CLASSIFIED INTELLIGENCE BUDGET JUSTIFICATION MATERIALS.
``(a) Definitions.--In this section:
``(1) Budget.--The term `budget' has the meaning given the term
`budget of the President' in section 506A.
``(2) Classified intelligence budget justification materials.--The
term `classified intelligence budget justification materials' means,
with respect to a fiscal year, the materials submitted to Congress by
the Director of National Intelligence in support of the budget for that
fiscal year that are classified or otherwise protected from public
disclosure.
``(b) Timely Submission.--Not later than 5 days after the date on which the
President submits to Congress the budget for each fiscal year pursuant to
section 1105(a) of title 31, United States Code, the Director of National
Intelligence shall submit to the congressional intelligence committees the
classified intelligence budget justification materials for the element for that
budget.''.
SEC. 6306. COPYRIGHT PROTECTION FOR CIVILIAN FACULTY OF THE NATIONAL
INTELLIGENCE UNIVERSITY.
Section 105 of title 17, United States Code, is amended--
(1) by redesignating the second subsection (c) as subsection (d);
(2) by striking subsection (c) and inserting the following:
``(c) Use by Federal Government.--
``(1) Secretary of defense authority.--With respect to a covered
author who produces a covered work in the course of employment at a
covered institution described in subparagraphs (A) through (L) of
subsection (d)(2), the Secretary of Defense may direct the covered
author to provide the Federal Government with an irrevocable, royalty-
free, worldwide, nonexclusive license to reproduce, distribute, perform,
or display such covered work for purposes of the United States
Government.
``(2) Director of national intelligence authority.--With respect to
a covered author who produces a covered work in the course of employment
at the covered institution described in subsection (d)(2)(M), the
Director of National Intelligence may direct the covered author to
provide the Federal Government with an irrevocable, royalty-free, world-
wide, nonexclusive license to reproduce, distribute, perform, or display
such covered work for purposes of the United States Government.''; and
(3) in paragraph (2) of subsection (d), as so redesignated, by
adding at the end the following:
``(M) National Intelligence University.''.
SEC. 6307. MODIFICATIONS TO FOREIGN MALIGN INFLUENCE RESPONSE CENTER.
(a) Renaming.--
(1) In general.--Section 119C of the National Security Act of 1947
(50 U.S.C. 3059) is amended--
(A) in the section heading, by striking ``response''; and
(B) in subsection (a), by striking ``Response''.
(2) Clerical amendment.--The table of contents in the matter
preceding section 2 of such Act is amended by striking the item relating
to section 119C and inserting the following:
``Sec. 119C. Foreign Malign Influence Center.''.
(3) Conforming amendment.--Section 589E(d)(2) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 10 U.S.C. 2001 note prec.) is amended by striking
``Response''.
(4) Reference.--Any reference in law, regulation, map, document,
paper, or other record of the United States to the ``Foreign Malign
Influence Response Center'' shall be deemed to be a reference to the
Foreign Malign Influence Center.
(b) Director of National Intelligence Authority to Terminate.--Section 119C
of such Act (50 U.S.C. 3059) is further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Termination.--After December 31, 2028, the Director of National
Intelligence may terminate the Center, but only if the Director of National
Intelligence submits to the congressional intelligence committees, the
Subcommittee on Defense of the Committee on Appropriations of the Senate, and
the Subcommittee on Defense of the Committee on Appropriations of the House of
Representatives a determination that the termination of the Center is
appropriate, which includes--
``(1) a detailed description that other offices or entities within
the intelligence community--
``(A) have the capabilities to perform the functions of the
Center; and
``(B) will exercise the functions of the Center upon the
termination of the Center; and
``(2) a detailed description of--
``(A) the actions the Director of National Intelligence will
take to conduct an orderly wind-down of the activities of the
Center; and
``(B) the proposed timeline for such actions.''.
(c) Report.--
(1) Definition of appropriate committees of congress.--In this
subsection, the term ``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs, the Committee on Foreign Relations, the Committee on
Armed Services, and the Subcommittee on Defense of the Committee
on Appropriations of the Senate; and
(C) the Committee on Homeland Security, the Committee on
Foreign Affairs, the Committee on Armed Services, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.
(2) In general.--Not later than December 31, 2025, the Director of
National Intelligence shall submit to the appropriate committees of
Congress a report assessing the continued need for operating the Foreign
Malign Influence Center.
SEC. 6308. REQUIREMENT TO OFFER CYBER PROTECTION SUPPORT FOR PERSONNEL OF
INTELLIGENCE COMMUNITY IN POSITIONS HIGHLY VULNERABLE TO CYBER
ATTACK.
(a) In General.--Section 6308(b) of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (50
U.S.C. 3334d(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``may provide'' and inserting ``shall
offer'';
(B) by inserting ``and shall provide such support to any
such personnel who request'' before the period at the end; and
(2) in the subsection heading, by striking ``Authority'' and
inserting ``Requirement''.
(b) Plan.--Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence shall submit to the congressional
intelligence committees, the Committee on Appropriations of the Senate, and the
Committee on Appropriations of the House of Representatives an implementation
plan for providing the support described section 6308(b) of the Damon Paul
Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years
2018, 2019, and 2020 (50 U.S.C. 3334d(b)), as amended by subsection (a),
including a description of the training and resources needed to implement the
support and the methodology for determining the personnel described in paragraph
(2) of such section.
SEC. 6309. ENFORCEMENT OF CYBERSECURITY REQUIREMENTS FOR NATIONAL SECURITY
SYSTEMS.
(a) Definitions.--In this section:
(1) Cybersecurity requirements for national security systems.--The
term ``cybersecurity requirements for national security systems'' means
the minimum cybersecurity requirements established by the National
Manager, consistent with the direction of the President and in
consultation with the Director of National Intelligence, that applies to
all national security systems operated by, on the behalf of, or
administered by the head of an element of the intelligence community.
(2) National manager.--The term ``National Manager'' means the
National Manager for National Security Systems designated by the
President.
(3) National security systems.--The term ``national security
systems'' includes--
(A) national security systems (as defined in section 3552(b)
of title 44, United States Code); and
(B) information systems described in paragraph (2) or (3) of
section 3553(e) of such title.
(b) Implementation Deadline.--The cybersecurity requirements for national
security systems shall include appropriate deadlines by which all elements of
the intelligence community shall have fully implemented the requirements.
(c) Reevaluation and Updates.--Not less frequently than once every 2 years,
the National Manager shall reevaluate and update the cybersecurity requirements
for national security systems.
(d) Resources.--Each head of an element of the intelligence community that
owns or operates a national security system shall update plans of the element to
prioritize resources in such a manner as to fully implement the cybersecurity
requirements for national security systems by the deadline established pursuant
to subsection (b) for the next 10 fiscal years.
(e) Exemptions.--
(1) In general.--The head of an element of the intelligence
community may exempt a national security system owned or operated by the
element from the cybersecurity requirements for national security
systems if done so in accordance with the procedures established under
paragraph (2).
(2) Exemption procedures.--The National Manager shall, consistent
with the direction of the President, establish procedures that govern--
(A) the circumstances under which the head of an element of
the intelligence community may exempt a national security system
under paragraph (1); and
(B) the process for implementing the exemption.
(3) Annual reports on exemptions.--
(A) In general.--Each year, the National Manager and the
Director of National Intelligence shall--
(i) submit to the congressional intelligence
committees an annual report documenting all exemptions
made under paragraph (1) during the period covered by
the report, along with the justifications for the
exemptions; and
(ii) in the case of an exemption made by the
Assistant Secretary of State for Intelligence and
Research under such paragraph, submit to the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives a
separate report describing the exemption and the
justification for it.
(B) Manner.--Each report submitted under subparagraph (A)
shall be submitted with such classification as the Director
considers appropriate and with due regard for the protection of
sensitive intelligence sources and methods.
SEC. 6310. REVIEW AND BRIEFING ON INTELLIGENCE COMMUNITY ACTIVITIES UNDER
EXECUTIVE ORDER 12333.
(a) Review and Briefing Required.--No later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence shall--
(1) conduct a review to ascertain the feasibility and advisability
of compiling and making public information relating to activities of the
intelligence community under Executive Order 12333 (50 U.S.C. 3001 note;
relating to United States intelligence activities); and
(2) provide the congressional intelligence committees, the Committee
on Appropriations of the Senate, and the Committee on Appropriations of
the House of Representatives with a briefing on the findings of the
Director with respect to the review conducted under paragraph (1).
(b) Matters Addressed.--The review and briefing required by subsection (a)
shall address the feasibility and advisability of making available to the public
information relating to the following:
(1) Data on activities described in subsection (a)(1), including the
following:
(A) The amount of United States person information collected
pursuant to such activities.
(B) Queries of United States persons pursuant to such
activities.
(C) Dissemination of United States person information
pursuant to such activities, including masking and unmasking.
(D) The use of United States person information in criminal
proceedings.
(2) Quantitative data and qualitative descriptions of incidents in
which the intelligence community violated Executive Order 12333 and
associated guidelines and procedures.
(c) Considerations.--In conducting the review under subsection (a)(1), the
Director shall consider--
(1) the public transparency associated with the use by the
intelligence community of the authorities provided under the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.),
including relevant data and compliance incidents; and
(2) the application of the transparency model developed in
connection with such Act to activities conducted under Executive Order
12333.
(d) Disaggregation for Public Release.--In conducting the review under
subsection (a)(1), the Director shall address whether the relevant data and
compliance incidents associated with the different intelligence community
entities can be disaggregated for public release.
SEC. 6311. ASSESSING INTELLIGENCE COMMUNITY OPEN-SOURCE SUPPORT FOR EXPORT
CONTROLS AND FOREIGN INVESTMENT SCREENING.
(a) Pilot Program to Assess Open Source Support for Export Controls and
Foreign Investment Screening.--
(1) Pilot program authorized.--The Director of National Intelligence
shall designate an element of the intelligence community to carry out a
pilot program to assess the feasibility and advisability of providing
enhanced intelligence support, including intelligence derived from open
source, publicly and commercially available information--
(A) to the Department of Commerce to support the export
control and investment screening functions of the Department;
and
(B) to the Department of Homeland Security to support the
export control functions of the Department.
(2) Authority.--In carrying out the pilot program required by
paragraph (1), the element designated by the Director under such
paragraph--
(A) shall establish a process for the provision of
information as described in such paragraph; and
(B) may--
(i) acquire and prepare data, consistent with
applicable provisions of law and Executive orders;
(ii) modernize analytic systems, including through
the acquisition, development, or application of
automated tools; and
(iii) establish standards and policies regarding the
acquisition, treatment, and sharing of open source,
publicly and commercially available information.
(3) Duration.--The pilot program required by paragraph (1) shall be
carried out during a 3-year period.
(b) Plan and Report Required.--
(1) Definition of appropriate committees of congress.--In this
subsection, the term ``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Homeland
Security and Governmental Affairs, and the Committee on
Appropriations of the Senate; and
(B) the Permanent Select Committee on Intelligence, the
Committee on Foreign Affairs, the Committee on Financial
Services, the Committee on Homeland Security, and the Committee
on Appropriations of the House of Representatives.
(2) Plan.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director shall, in coordination
with the Secretary of Commerce and the Secretary of Homeland
Security, submit to the appropriate committees of Congress a
plan to carry out the pilot program required by subsection
(a)(1).
(B) Contents.--The plan submitted under subparagraph (A)
shall include the following:
(i) A list, developed in consultation with the
Secretary of Commerce and the Secretary of Homeland
Security, of the activities of the Department of
Commerce and the Department of Homeland Security that
will be supported by the pilot program.
(ii) A plan for measuring the effectiveness of the
pilot program and the value of open source, publicly and
commercially available information to the export control
and investment screening missions.
(3) Report.--
(A) In general.--Not later than 540 days after the date on
which the Director submits the plan under paragraph (2)(A), the
Director shall submit to the appropriate committees of Congress
a report on the findings of the Director with respect to the
pilot program.
(B) Contents.--The report submitted under subparagraph (A)
shall include the following:
(i) An assessment of the feasibility and
advisability of providing information as described in
subsection (a)(1).
(ii) An assessment of the value of open source,
publicly and commercially available information to the
export control and investment screening missions, using
the measures of effectiveness under paragraph
(2)(B)(ii).
(iii) Identification of opportunities for and
barriers to more effective use of open source, publicly
and commercially available information by the
intelligence community.
SEC. 6312. ANNUAL TRAINING REQUIREMENT AND REPORT REGARDING ANALYTIC STANDARDS.
(a) Policy for Training Program Required.--Consistent with sections 1019 and
1020 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3364 and 3364 note), the Director of National Intelligence shall issue a policy
that requires each head of an element of the intelligence community, that has
not already done so, to create, before the date that is 180 days after the date
of the enactment of this Act, an annual training program on the standards set
forth in Intelligence Community Directive 203, Analytic Standards (or successor
directive).
(b) Conduct of Training.--Training required pursuant to the policy required
by subsection (a) may be conducted in conjunction with other required annual
training programs conducted by the element of the intelligence community
concerned.
(c) Certification of Completion of Training.--Each year, each head of an
element of the intelligence community shall submit to the congressional
intelligence committees a certification as to whether all of the analysts of
that element have completed the training required pursuant to the policy
required by subsection (a) and if the analysts have not, an explanation of why
the training has not been completed.
(d) Reports.--
(1) Annual report.--In conjunction with each briefing provided under
section 1019(c) of the Intelligence Reform and Terrorism Prevention Act
of 2004 (50 U.S.C. 3364(c)), the Director shall submit to the
congressional intelligence committees, the Committee on Appropriations
of the Senate, and the Committee on Appropriations of the House of
Representatives a report on the number and themes of compliance
incidents reported to intelligence community analytic ombudspersons
relating to the standards set forth in Intelligence Community Directive
203 (relating to analytic standards), or successor directive.
(2) Report on performance evaluation.--Not later than 90 days after
the date of the enactment of this Act, the head of analysis at each
element of the intelligence community that conducts all-source analysis
shall submit to the congressional intelligence committees, the Committee
on Appropriations of the Senate, and the Committee on Appropriations of
the House of Representatives a report describing how compliance with the
standards set forth in Intelligence Community Directive 203 (relating to
analytic standards), or successor directive, is considered in the
performance evaluations and consideration for merit pay, bonuses,
promotions, and any other personnel actions for analysts within the
element.
(e) Rule of Construction.--Nothing in this section shall be construed to
prohibit the Director from providing training described in this section as a
service of common concern.
(f) Sunset.--This section shall cease to be effective on the date that is 5
years after the date of the enactment of this Act.
SEC. 6313. REVIEW OF JOINT INTELLIGENCE COMMUNITY COUNCIL.
(a) In General.--The Director of National Intelligence shall conduct a
review of the Joint Intelligence Community Council established by section 101A
of the National Security Act of 1947 (50 U.S.C. 3022).
(b) Elements.--The review conducted under subsection (a) shall cover the
following:
(1) The number of meetings the Council has held, by year.
(2) An analysis of the issues the Council has addressed.
(3) The effect the Council has had on the decisionmaking of the
Director of National Intelligence.
(4) Potential revision to the membership or functions of the
Council.
(c) Briefing.--Not later than 180 days after the date of the enactment of
this Act, the Director of National Intelligence shall provide the congressional
intelligence committees and the subcommittees on defense of the Committee on
Appropriations of the Senate and the Committee on Appropriations of the House of
Representatives a briefing on the review conducted pursuant to subsection (a).
SEC. 6314. REQUIRED POLICY FOR MINIMUM INSIDER THREAT STANDARDS.
(a) Requirement.--Section 102A(f) of the National Security Act of 1947 (50
U.S.C. 3024(f)) is amended--
(1) by redesignating paragraphs (8) and (9) as paragraphs (9) and
(10), respectively; and
(2) by inserting after paragraph (7) the following new paragraph:
``(8) The Director of National Intelligence shall ensure there is
established a policy for minimum insider threat standards for the intelligence
community and ensure compliance by the elements of the intelligence community
with that policy.''.
(b) Compliance and Reporting.--Title III of such Act (50 U.S.C. 3071 et
seq.) is amended by adding at the end the following new section:
``SEC. 313. INSIDER THREAT POLICY COMPLIANCE AND REPORTING.
``The head of each element of the intelligence community shall--
``(1) implement the policy established in accordance with section
102A(f)(8); and
``(2) concurrent with the submission to Congress of budget
justification materials in support of the budget of the President for a
fiscal year that is submitted to Congress under section 1105(a) of title
31, United States Code, submit to Congress a certification as to whether
the element is in compliance with such policy.''.
(c) Conforming Amendment.--Section 102A(x)(3) of such Act (50 U.S.C.
3024(x)(3)) is amended by inserting ``, including the policy under subsection
(f)(8),'' after ``policies of the intelligence community''.
(d) Clerical Amendment.--The table of contents preceding section 2 of such
Act is amended by inserting after the item relating to section 312 the following
new item:
``Sec. 313. Insider threat policy compliance and reporting.''.
SEC. 6315. UNFUNDED PRIORITIES OF THE INTELLIGENCE COMMUNITY.
Title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) is
amended by adding at the end the following new section (and conforming the table
of contents at the beginning of such Act accordingly):
``SEC. 514. UNFUNDED PRIORITIES OF THE INTELLIGENCE COMMUNITY: ANNUAL REPORT.
``(a) Annual Report.--Not later than 10 days after the date on which the
budget of the President for a fiscal year is submitted to Congress pursuant to
section 1105 of title 31, United States Code, the head of each element of the
intelligence community shall submit to the Director of National Intelligence,
the congressional intelligence committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee on Defense of
the Committee on Appropriations of the House of Representatives a report on the
unfunded priorities of the programs under the jurisdiction of such head.
``(b) Elements.--
``(1) In general.--Each report under subsection (a) shall specify,
for each unfunded priority covered by such report, the following:
``(A) A summary description of such priority, including the
objectives to be achieved if such priority is funded (whether in
whole or in part).
``(B) Whether such priority will satisfy a covert action or
support collection against requirements identified in the
National Intelligence Priorities Framework of the Office of the
Director of National Intelligence (or any successor mechanism
established for the prioritization of programs and activities),
including a description of such requirements and the related
prioritization level.
``(C) The additional amount of funds recommended in
connection with the objectives under subparagraph (A).
``(D) Budget information with respect to the unfunded
priority, including--
``(i) the appropriation account;
``(ii) the expenditure center; and
``(iii) the project and, if applicable, subproject.
``(2) Prioritization of priorities.--Each report shall present the
unfunded priorities covered by such report in overall order of urgency
of priority among unfunded priorities.
``(c) Unfunded Priority Defined.--In this section, the term `unfunded
priority', in the case of a fiscal year, means a program, activity, or mission
requirement of an element of the intelligence community that--
``(1) is not funded in the budget of the President for the fiscal
year as submitted to Congress pursuant to section 1105 of title 31,
United States Code;
``(2) is necessary to fulfill a covert action or to satisfy an
information requirement associated with the collection, analysis, or
dissemination of intelligence that has been documented within the
National Intelligence Priorities Framework; and
``(3) would have been recommended for funding by the head of the
element of the intelligence community if--
``(A) additional resources had been available for the budget
to fund the program, activity, or mission requirement; or
``(B) the program, activity, or mission requirement has
emerged since the budget was formulated.''.
SEC. 6316. SUBMISSION OF COVERED DOCUMENTS AND CLASSIFIED ANNEXES.
(a) Requirement.--Title V of the National Security Act of 1947 (50 U.S.C.
3091 et seq.), as amended by section 6315, is further amended by adding at the
end the following new section (and conforming the table of contents at the
beginning of such Act accordingly):
``SEC. 515. SUBMISSION OF COVERED DOCUMENTS AND CLASSIFIED ANNEXES.
``(a) Covered Document Defined.--In this section, the term `covered
document' means any executive order, memorandum, or policy directive issued by
the President, including national security Presidential memoranda and
Presidential policy directives, or such successor memoranda and directives.
``(b) Requirement.--Not later than 7 days after the date on which the
President issues or amends a covered document, the President, acting through the
Director of National Intelligence, shall submit to the congressional
intelligence committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives the covered document and any
classified annex accompanying that document if such covered document or annex
contains a direction to, establishes a requirement for, or includes a
restriction on any element of the intelligence community.''.
(b) Initial Submission.--Not later than 60 days after the date of the
enactment of this Act, the Director of National Intelligence shall submit to the
congressional intelligence committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee on Defense of
the Committee on Appropriations of the House of Representatives each covered
document and classified annex required under section 515 of the National
Security Act of 1947, as added by subsection (a), in effect as of the date of
enactment of this Act.
(c) Repeal.--Section 310 of the Intelligence Authorization Act for Fiscal
Year 2017 (Public Law 115-31; 50 U.S.C. 3312) is hereby repealed.
SEC. 6317. IMPROVEMENTS TO PROGRAM ON RECRUITMENT AND TRAINING.
Section 1022 of the National Security Act of 1947 (50 U.S.C. 3222) is
amended to read as follows:
``SEC. 1022. PROGRAM ON RECRUITMENT AND TRAINING.
``(a) Program.--
``(1) Requirement.--The Director of National Intelligence, in
consultation with the heads of the elements of the intelligence
community, shall carry out a program to ensure that selected individuals
are provided funds for academic training (including with respect to both
undergraduate and postgraduate education), or to reimburse for academic
training previously obtained--
``(A) in capabilities, missions, or skillsets, especially in
the fields of science, technology, math, and engineering, to
address workforce requirements in which the intelligence
community is deficient or likely to be deficient in the future;
or
``(B) for such individuals who have backgrounds or
experiences that the Director has identified as--
``(i) contributing to capabilities, missions, or
skillsets in which the intelligence community is
deficient or likely to be deficient in future; and
``(ii) being underrepresented in the intelligence
community or likely to be underrepresented in the
future.
``(2) Commitment.--An individual selected for participation in the
program shall commit to employment with an element of the intelligence
community for a period that the Director determines is commensurate with
the amount of funding provided to the individual under the program and
under such terms and conditions as the Director considers appropriate.
``(3) Designation.--The program shall be known as the Pat Roberts
Intelligence Scholars Program.
``(4) Outreach.--The Director, in consultation with the heads of the
elements of the intelligence community, shall maintain a publicly
available internet website on the program that describes--
``(A) the intent of the program;
``(B) the conditions and requirements for selection and
participation;
``(C) application instructions;
``(D) the areas covered by the program pursuant to the
review conducted under subsection (b)(2); and
``(E) any other details the Director determines appropriate.
``(b) Elements.--In carrying out the program under subsection (a), the
Director shall--
``(1) establish such requirements relating to the academic training
of participants as the Director considers appropriate to ensure that
participants are prepared for employment as intelligence professionals;
and
``(2) on an annual basis, review the areas that will contribute to
the capabilities, missions, and skillsets in which the intelligence
community is deficient or is likely to be deficient in the future.
``(c) Use of Funds.--Funds made available for the program under subsection
(a) shall be used--
``(1) to provide a monthly stipend for each month that a participant
is pursuing a course of study;
``(2) to pay the partial or full tuition of a participant for the
completion of such course of study;
``(3) to reimburse a participant for tuition paid by the participant
before becoming an employee of an element of the intelligence community,
including with respect to providing payments for student loans used for
such tuition;
``(4) to pay for books and materials that the participant requires
or required to complete such course of study;
``(5) to pay the expenses of the participant for travel requested by
an element of the intelligence community in relation to such program; or
``(6) for such other purposes the Director considers reasonably
appropriate to carry out such program.''.
SEC. 6318. MEASURES TO MITIGATE COUNTERINTELLIGENCE THREATS FROM PROLIFERATION
AND USE OF FOREIGN COMMERCIAL SPYWARE.
(a) Definitions.--In this section:
(1) Covered device.--The term ``covered device'' means any
electronic mobile device including smartphones, tablet computing
devices, or laptop computing devices, that is issued by an element of
the intelligence community for official use.
(2) Foreign commercial spyware; foreign company; spyware.--The terms
``foreign commercial spyware'', ``foreign company'', and ``spyware''
have the meanings given those terms in section 1102A of the National
Security Act of 1947 (50 U.S.C. 3231 et seq.), as added by this section.
(b) Statement of Policy.--It shall be the policy of the United States to act
decisively against counterintelligence threats posed by foreign commercial
spyware, as well as the individuals who lead entities selling foreign commercial
spyware and who are reasonably believed to be involved, have been involved, or
pose a significant risk to being or becoming involved, in activities contrary to
the national security or foreign policy interests of the United States.
(c) Measures to Mitigate Counterintelligence Threats.--Title XI of the
National Security Act of 1947 (50 U.S.C. 3231 et seq.) is amended by inserting
after section 1102 the following new section (and conforming the table of
contents at the beginning of such Act accordingly):
``SEC. 1102A. MEASURES TO MITIGATE COUNTERINTELLIGENCE THREATS FROM
PROLIFERATION AND USE OF FOREIGN COMMERCIAL SPYWARE.
``(a) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term `appropriate
congressional committees' means--
``(A) the Select Committee on Intelligence, the Committee on
Foreign Relations, the Committee on Armed Services, the
Committee on Banking, Housing, and Urban Affairs, the Committee
on the Judiciary, the Committee on Appropriations, and the
Committee on Homeland Security and Governmental Affairs of the
Senate; and
``(B) the Permanent Select Committee on Intelligence, the
Committee on Foreign Affairs, the Committee on Armed Services,
the Committee on Financial Services, the Committee on the
Judiciary, the Committee on Appropriations, the Committee on
Homeland Security, and the Committee on Oversight and Reform of
the House of Representatives.
``(2) Covered entity.--The term `covered entity' means any foreign
company that either directly or indirectly develops, maintains, owns,
operates, brokers, markets, sells, leases, licenses, or otherwise makes
available spyware.
``(3) Foreign commercial spyware.--The term `foreign commercial
spyware' means spyware that is developed (solely or in partnership with
a foreign company), maintained, sold, leased, licensed, marketed,
sourced (in whole or in part), or otherwise provided, either directly or
indirectly, by a foreign company.
``(4) Foreign company.--The term `foreign company' means a company
that is incorporated or domiciled outside of the United States,
including any subsidiaries or affiliates wherever such subsidiaries or
affiliates are domiciled or incorporated.
``(5) Spyware.--The term `spyware' means a tool or set of tools that
operate as an end-to-end system of software to provide an unauthorized
user remote access to information stored on or transiting through an
electronic device connected to the Internet and not owned or operated by
the unauthorized user, including end-to-end systems that--
``(A) allow an unauthorized user to remotely infect
electronic devices with malicious software, including without
any action required by the user of the device;
``(B) can record telecommunications or other audio captured
on a device not owned by the unauthorized user;
``(C) undertake geolocation, collect cell site location
information, or otherwise track the location of a device or
person using the internal sensors of an electronic device not
owned by the unauthorized user;
``(D) allow an unauthorized user access to and the ability
to retrieve information on the electronic device, including text
messages, files, e-mails, transcripts of chats, contacts,
photos, and browsing history; or
``(E) any additional criteria described in publicly
available documents published by the Director of National
Intelligence, such as whether the end-to-end system is used
outside the context of a codified lawful intercept system.
``(b) Annual Assessments of Counterintelligence Threats.--
``(1) Requirement.--Not later than 90 days after the enactment of
the Intelligence Authorization Act for Fiscal Year 2023, and annually
thereafter, the Director of National Intelligence, in coordination with
the Director of the Central Intelligence Agency, the Director of the
National Security Agency, and the Director of the Federal Bureau of
Investigation, shall submit to the appropriate congressional committees
a report with an accompanying classified annex containing an assessment
of the counterintelligence threats and other risks to the national
security of the United States posed by the proliferation of foreign
commercial spyware. The assessment shall incorporate all credible data,
including open-source information.
``(2) Elements.--Each report under paragraph (1) shall include the
following, if known:
``(A) A list of the most significant covered entities.
``(B) A description of the foreign commercial spyware
marketed by the covered entities identified under subparagraph
(A) and an assessment by the intelligence community of the
foreign commercial spyware.
``(C) An assessment of the counterintelligence risk to the
intelligence community or personnel of the intelligence
community posed by foreign commercial spyware.
``(D) For each covered entity identified in subparagraph
(A), details of any subsidiaries, resellers, or other agents
acting on behalf of the covered entity.
``(E) Details of where each covered entity identified under
subparagraphs (A) and (D) is domiciled.
``(F) A description of how each covered entity identified
under subparagraphs (A) and (D) is financed, where the covered
entity acquired its capital, and the organizations and
individuals having substantial investments or other equities in
the covered entity.
``(G) An assessment by the intelligence community of any
relationship between each covered entity identified in
subparagraphs (A) and (D) and any foreign government, including
any export controls and processes to which the covered entity is
subject.
``(H) A list of the foreign customers of each covered entity
identified in subparagraphs (A) and (D), including the
understanding by the intelligence community of the organizations
and end-users within any foreign government.
``(I) With respect to each foreign customer identified under
subparagraph (H), an assessment by the intelligence community
regarding how the foreign customer is using the spyware,
including whether the foreign customer has targeted personnel of
the intelligence community.
``(J) With respect to the first report required under
paragraph (1), a mitigation plan to reduce the exposure of
personnel of the intelligence community to foreign commercial
spyware.
``(K) With respect to each report following the first report
required under paragraph (1), details of steps taken by the
intelligence community since the previous report to implement
measures to reduce the exposure of personnel of the intelligence
community to foreign commercial spyware.
``(3) Classified annex.--In submitting the report under subsection
(2), the Director shall also include an accompanying but separate
classified annex, providing a watchlist of companies selling, leasing,
or otherwise providing foreign commercial spyware that the Director
determines are engaged in activities that pose a counterintelligence
risk to personnel of the intelligence community.
``(4) Form.--Each report under paragraph (1) shall be submitted in
classified form.
``(5) Dissemination.--The Director of National Intelligence shall
separately distribute each report under paragraph (1) and each annex
under paragraph (3) to the President, the heads of all elements of the
intelligence community, the Secretary of State, the Attorney General,
the Secretary of Commerce, the Secretary of Homeland Security, the
National Cyber Director, and the heads of any other departments or
agencies the Director of National Intelligence determines appropriate.
``(c) Authority to Prohibit Purchase or Use by Intelligence Community.--
``(1) Foreign commercial spyware.--
``(A) In general.--The Director of National Intelligence may
prohibit any element of the intelligence community from
procuring, leasing, or otherwise acquiring on the commercial
market, or extending or renewing a contract to procure, lease,
or otherwise acquire, foreign commercial spyware.
``(B) Considerations.--In determining whether and how to
exercise the authority under subparagraph (A), the Director of
National Intelligence shall consider--
``(i) the assessment of the intelligence community
of the counterintelligence threats or other risks to the
United States posed by foreign commercial spyware;
``(ii) the assessment of the intelligence community
of whether the foreign commercial spyware has been used
to target United States Government personnel.
``(iii) whether the original owner or developer
retains any of the physical property or intellectual
property associated with the foreign commercial spyware;
``(iv) whether the original owner or developer has
verifiably destroyed all copies of the data collected by
or associated with the foreign commercial spyware;
``(v) whether the personnel of the original owner or
developer retain any access to data collected by or
associated with the foreign commercial spyware;
``(vi) whether the use of the foreign commercial
spyware requires the user to connect to an information
system of the original owner or developer or information
system of a foreign government; and
``(vii) whether the foreign commercial spyware poses
a counterintelligence risk to the United States or any
other threat to the national security of the United
States.
``(2) Company that has acquired foreign commercial spyware.--
``(A) Authority.--The Director of National Intelligence may
prohibit any element of the intelligence community from entering
into any contract or other agreement for any purpose with a
company that has acquired, in whole or in part, any foreign
commercial spyware.
``(B) Considerations.--In considering whether and how to
exercise the authority under subparagraph (A), the Director of
National Intelligence shall consider--
``(i) whether the original owner or developer of the
foreign commercial spyware retains any of the physical
property or intellectual property associated with the
spyware;
``(ii) whether the original owner or developer of
the foreign commercial spyware has verifiably destroyed
all data, and any copies thereof, collected by or
associated with the spyware;
``(iii) whether the personnel of the original owner
or developer of the foreign commercial spyware retain
any access to data collected by or associated with the
foreign commercial spyware;
``(iv) whether the use of the foreign commercial
spyware requires the user to connect to an information
system of the original owner or developer or information
system of a foreign government; and
``(v) whether the foreign commercial spyware poses a
counterintelligence risk to the United States or any
other threat to the national security of the United
States.
``(3) Notifications of prohibition.--Not later than 30 days after
the date on which the Director of National Intelligence exercises the
authority to issue a prohibition under subsection (c), the Director of
National Intelligence shall notify the congressional intelligence
committees of such exercise of authority. Such notice shall include--
``(A) a description of the circumstances under which the
prohibition was issued;
``(B) an identification of the company or product covered by
the prohibition;
``(C) any information that contributed to the decision of
the Director of National Intelligence to exercise the authority,
including any information relating to counterintelligence or
other risks to the national security of the United States posed
by the company or product, as assessed by the intelligence
community; and
``(D) an identification of each element of the intelligence
community to which the prohibition has been applied.
``(4) Waiver authority.--
``(A) In general.--The head of an element of the
intelligence community may request from the Director of National
Intelligence the waiver of a prohibition made under paragraph
(1) or (2).
``(B) Director of national intelligence determination.--The
Director of National Intelligence, upon receiving the waiver
request in subparagraph (A), may issue a waiver for a period not
to exceed one year in response to the request from the head of
an element of the intelligence community if such waiver is in
the national security interest of the United States.
``(C) Notice.--Not later than 30 days after approving a
waiver request pursuant to subparagraph (B), the Director of
National Intelligence shall submit to the congressional
intelligence committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives a written notification. The notification shall
include--
``(i) an identification of the head of the element
of the intelligence community that requested the waiver;
``(ii) the details of the waiver request, including
the national security interests of the United States;
``(iii) the rationale and basis for the
determination that the waiver is in the national
security interests of the United States;
``(iv) the considerations that informed the ultimate
determination of the Director of National Intelligence
to issue the wavier; and
``(v) and any other considerations contributing to
the determination, made by the Director of National
Intelligence.
``(D) Waiver termination.--The Director of National
Intelligence may revoke a previously granted waiver at any time.
Upon revocation of a waiver, the Director of National
Intelligence shall submit a written notification to the
congressional intelligence committees, the Subcommittee on
Defense of the Committee on Appropriations of the Senate, and
the Subcommittee on Defense of the Committee on Appropriations
of the House of Representatives not later than 30 days after
making a revocation determination.
``(5) Termination of prohibition.--The Director of National
Intelligence may terminate a prohibition made under paragraph (1) or (2)
at any time. Upon termination of a prohibition, the Director of National
Intelligence shall submit a notification of the termination to the
congressional intelligence committees, the Subcommittee on Defense of
the Committee on Appropriations of the Senate, and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives not later than 30 days after terminating a prohibition,
detailing the basis for the termination, including any United States
national security interests that may be affected by such termination.''.
(d) Protection of Covered Devices.--
(1) Requirement.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence shall--
(A) issue standards, guidance, best practices, and policies
for elements of the intelligence community to protect covered
devices from being compromised by foreign commercial spyware;
(B) survey elements of the intelligence community regarding
the processes used by the elements to routinely monitor covered
devices for indicators of compromise associated with foreign
commercial spyware; and
(C) submit to the congressional intelligence committees a
report on the sufficiency of the measures in place to routinely
monitor covered devices for indicators of compromise associated
with foreign commercial spyware.
(2) Form.--The report under paragraph (1)(C) may be submitted in
classified form.
(3) Counterintelligence notifications.--Not later than 30 days after
the date on which an element of the intelligence community becomes aware
that a covered device was targeted or compromised by foreign commercial
spyware, the Director of National Intelligence, in coordination with the
Director of the Federal Bureau of Investigation, shall notify the
congressional intelligence committees, the Subcommittee on Defense of
the Committee on Appropriations of the Senate, and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives of such determination, including--
(A) the component of the element and the location of the
personnel whose covered device was targeted or compromised;
(B) the number of covered devices compromised or targeted;
(C) an assessment by the intelligence community of the
damage to national security of the United States resulting from
any loss of data or sensitive information;
(D) an assessment by the intelligence community of any
foreign government, or foreign organization or entity, and, to
the extent possible, the foreign individuals, who directed and
benefitted from any information acquired from the targeting or
compromise; and
(E) as appropriate, an assessment by the intelligence
community of the capacity and will of such governments or
individuals to continue targeting personnel of the United States
Government.
(4) Private sector partnerships.--Section 904(d)(7) of the
Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3383(d)(7)) is
amended by adding at the end the following new paragraph:
``(E) Vulnerabilities from foreign commercial spyware.--
``(i) Consultation.--In carrying out efforts to
secure covered devices, to consult with the private
sector of the United States and reputable third-party
researchers to identify vulnerabilities from foreign
commercial spyware (as defined in section 1102A(a) of
the National Security Act of 1947) and maintain
effective security measures for such devices.
``(ii) Covered device defined.--In this
subparagraph, the term `covered device' means any
electronic mobile device including smartphones, tablet
computing devices, or laptop computing devices, that is
issued by an element of the intelligence community for
official use.''.
(e) No Enhanced Authorities.--Nothing in this section or an amendment made
by this section shall be construed as enhancing, or otherwise changing, the
authorities of the intelligence community to target, collect, process, or
disseminate information regarding United States Government personnel.
(f) Report on Harmonization Among Allied Countries.--
(1) Requirement.--Not later than 30 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees, the Subcommittee on
Defense of the Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of the House
of Representatives a report on the potential for the United States to
lead an effort to devise and implement a common approach with allied
countries as the Director determines appropriate, including the Five
Eyes Partnership, to mitigate the counterintelligence risks posed by the
proliferation of foreign commercial spyware, including by seeking
commitments to implement measures similar to the requirements under this
section and section 1102A of the National Security Act of 1947 (50
U.S.C. 3231 et seq.), as added by this section.
(2) Form.--The report under paragraph (1) shall be submitted in
unclassified form, but may contain a classified annex, consistent with
the protection of intelligence sources and methods.
SEC. 6319. PERSONNEL VETTING PERFORMANCE MEASURES.
(a) Definitions of Continuing Vetting; Council; Security Executive Agent.--
In this section, the terms ``continuous vetting'', ``Council'', and ``Security
Executive Agent'' have the meanings given those terms in section 6601 of the
Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for
Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3352).
(b) Measures.--Not later than 180 days after the date of the enactment of
this Act and consistent with section 807 of the Intelligence Authorization Act
for Fiscal Year 2022 (Public Law 117-103), the Director of National
Intelligence, acting as the Security Executive Agent, and in coordination with
the Chair and other principals of the Council, shall develop performance
measures to assess the vetting of personnel, including measures to assess
continuous vetting and the quality of each phase of the personnel vetting
process, including the initiation, investigation, and adjudication phases.
(c) Report.--
(1) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to Congress a report describing the performance measures
developed under subsection (b).
(2) Elements.--The report under paragraph (1) shall include the
following:
(A) A description of how departments and agencies of the
United States Government have implemented Security Executive
Agent Directive 6 titled ``Continuous Evaluation'' and related
personnel vetting performance measures to ensure that
implementation is efficient and effective, including the
resources expended by each department or agency for continuous
vetting and whether departments and agencies are identifying
security-relevant information in a timely manner.
(B) A description of the performance measures the Director
of National Intelligence and the Secretary of Defense use to
assess the quality of each phase of the personnel vetting
process, including initiation, investigation, adjudication,
reinvestigation, and continuous vetting.
(C) How such performance measures meet key attributes for
successful performance measures as described in the report of
the Comptroller General of the United States titled ``Personnel
Vetting: Actions Needed to Implement Reforms, Address
Challenges, and Improve Planning'' (GAO-22-104093).
(D) Any impediments or constraints relating to the
implementation of Security Executive Agent Directive 6 or the
development of such performance measures to assess the quality
of the personnel vetting process.
SEC. 6320. PROACTIVE CYBERSECURITY.
(a) Survey of Elements.--Pursuant to section 103G(b)(1) of the National
Security Act (50 U.S.C. 3032(b)(1)), not later than 1 year after the date of the
enactment of this Act, the Chief Information Officer of the Intelligence
Community shall conduct a survey of each element of the intelligence community
on the use by that element of proactive cybersecurity initiatives, continuous
activity security testing, and active defense techniques.
(b) Report by Chief Information Officer.--
(1) Report.--Not later than 1 year after the date of the completion
of the survey under subsection (a), the Chief Information Officer of the
Intelligence Community shall submit to the congressional intelligence
committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives a report on
proactive cybersecurity initiatives, continuous activity security
testing, and active defense techniques. Such report shall include the
following:
(A) The results of the survey of each element of the
intelligence community conducted under subsection (a),
including--
(i) examples of any successes against attackers who
breached an information system of an element of the
intelligence community; and
(ii) concerns, limitations, and associated
recommendations relating to innovative uses of proactive
cybersecurity initiatives.
(B) An analysis of the feasibility, costs, and benefits of
consolidating oversight and implementation of such methods
within the intelligence community, including whether such
consolidation would significantly enhance defense.
(C) An analysis of any statutory or policy limitations on
the ability of the Director of National Intelligence, or the
head of any element of the intelligence community, to carry out
such methods on behalf of an element of the intelligence
community or multiple such elements.
(D) An analysis of the relationships between and among the
intelligence community, the Department of Defense, the
Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security, national laboratories, and the
private sector, and whether such relationships should be
enhanced to protect national security systems of the
intelligence community through proactive cybersecurity measures.
(E) With respect to active defense techniques, a discussion
of the effectiveness of such techniques to protect the
information systems of the elements of the intelligence
community, any constraints that hinder such techniques, and
associated recommendations.
(F) With respect to continuous activity security testing, a
discussion of--
(i) how an information system operates under normal
and intended use, compared to how such system operates
under a variety of adverse conditions and scenarios; and
(ii) the feasibility of the adoption of continuous
activity security testing among the intelligence
community.
(G) Recommendations for legislative action and further
resources relating to the successful use of proactive
cybersecurity initiatives, deception environments, and
continuous activity security testing.
(2) Form.--The report under paragraph (1) may be submitted in
classified form.
(c) Definitions.--In this section:
(1) Active defense technique.--The term ``active defense technique''
means an action taken on an information system of an element of the
intelligence community to increase the security of such system against
an attacker, including--
(A) the use of a deception technology or other purposeful
feeding of false or misleading information to an attacker
accessing such system; or
(B) proportional action taken in response to an unlawful
breach.
(2) Continuous activity security testing.--The term ``continuous
activity security testing'' means continuous experimentation conducted
by an element of the intelligence community on an information system of
such element to evaluate the resilience of such system against a
malicious attack or condition that could compromise such system for the
purpose of improving design, resilience, and incident response with
respect to such system.
(3) Deception technology.--The term ``deception technology'' means
an isolated digital environment, system, or platform containing a
replication of an active information system with realistic data flows to
attract, mislead, and observe an attacker.
(4) Intelligence community information environment.--The term
``intelligence community information environment'' has the meaning given
the term in Intelligence Community Directive 121, or any successor
document.
(5) National laboratory.--The term ``national laboratory'' has the
meaning given that term in section 2 of the Energy Policy Act of 2005
(42 U.S.C. 15801).
(6) National manager for national security systems.--The term
``National Manager for National Security Systems'' means the Director of
National Security, or successor official, serving as the National
Manager for National Security Systems pursuant to National Security
Directive 42, or any successor document.
(7) National security system.--The term ``national security system''
has the meaning given that term in section 3552 of title 44, United
States Code.
(8) Proactive cybersecurity initiatives.--The term ``proactive
cybersecurity initiatives'' means actions performed periodically and
continuously within an organization, focused on identifying and
eliminating vulnerabilities within the network infrastructure,
preventing security breaches, and evaluating the effectiveness of the
business security posture in real-time, including threat hunting,
endpoint and network monitoring, and cybersecurity awareness and
training.
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 6401. MODIFICATIONS TO RESPONSIBILITIES AND AUTHORITIES OF DIRECTOR OF
NATIONAL INTELLIGENCE.
Section 102A of the National Security Act of 1947 (50 U.S.C. 3024), as
amended by section 6314, is further amended--
(1) in subsection (c)(5)(C), by striking ``may'' and inserting
``shall'';
(2) in subsection (h)--
(A) in paragraph (1)(A)--
(i) by striking ``encourage'' and inserting
``require''; and
(ii) by inserting ``, independent of political
considerations,'' after ``tradecraft''; and
(B) by amending paragraph (3) to read as follows;
``(3) ensure that substantial differences in analytic judgment are
fully considered, brought to the attention of policymakers, and
documented in analytic products; and'';
(3) in subsection (i)--
(A) in paragraph (1), by inserting ``, and shall establish
and enforce policies to protect,'' after ``protect'';
(B) in paragraph (2), by striking ``guidelines'' and
inserting ``requirements''; and
(C) by adding at the end the following new paragraph:
``(4)(A) Each head of an element of the intelligence community shall ensure
that any congressionally mandated report submitted to Congress by the head,
other than such a report submitted solely to the congressional intelligence
committees, shall be consistent with the protection of intelligence sources and
methods in accordance with the policies established by the Director under
paragraph (1), regardless of whether the provision of law mandating the report
explicitly requires such protection.
``(B) Nothing in this paragraph shall be construed to alter any
congressional leadership's or congressional committee's jurisdiction or access
to information from any element of the intelligence community under the rules of
either chamber of Congress.''; and
(4) in subsection (x), in the matter preceding paragraph (1), by
striking ``the head of each department of the Federal Government that
contains an element of the intelligence community and the Director of
the Central Intelligence Agency'' and inserting ``the heads of the
elements of the intelligence community''.
SEC. 6402. ANNUAL SUBMISSION TO CONGRESS OF NATIONAL INTELLIGENCE PRIORITIES
FRAMEWORK.
Section 102A(p) of the National Security Act of 1947 (50 U.S.C. 3024(p)) is
amended by inserting at the end the following new paragraph:
``(3) Not later than October 1 of each year, the President, acting through
the Director of National Intelligence, shall submit to the congressional
intelligence committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives a copy of the most recently
updated National Intelligence Priorities Framework of the Office of the Director
of National Intelligence (or any such successor mechanism).''.
SEC. 6403. DISPOSITION OF RECORDS OF OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
Section 1096(a) of the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458; 50 U.S.C. 3001 note) is amended--
(1) by inserting ``(1)'' before ``Upon'';
(2) by adding at the end the following new sentence: ``Any records
of the Office of the Director of National Intelligence that are
maintained by the agency as a service for the Office of the Director of
National Intelligence under section 1535 of title 31, United States
Code, (popularly known as the `Economy Act') may be treated as the
records of the agency when dispositioned as required by law, and any
disclosure of such records between the two agencies shall not be subject
to any otherwise applicable legal consent requirements or disclosure
accounting requirements.''; and
(3) by adding at the end the following new paragraph:
``(2) The records of the Office of the Director of National Intelligence may
not be dispositioned pursuant to paragraph (1) without the authorization of the
Director of National Intelligence.''.
Subtitle B--Central Intelligence Agency
SEC. 6411. CLARIFICATION REGARDING PROTECTION OF CENTRAL INTELLIGENCE AGENCY
FUNCTIONS.
Section 6 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3507) is
amended by striking ``, functions'' and inserting ``or functions of the Agency,
or of the''.
SEC. 6412. EXPANSION OF REPORTING REQUIREMENTS RELATING TO AUTHORITY TO PAY
PERSONNEL OF CENTRAL INTELLIGENCE AGENCY FOR CERTAIN INJURIES TO
THE BRAIN.
Section 2(d)(1) of the Helping American Victims Afflicted by Neurological
Attacks Act of 2021 (Public Law 117-46) is amended--
(1) in subparagraph (A), by inserting ``and not less frequently than
once each year thereafter for 5 years'' after ``Not later than 365 days
after the date of the enactment of this Act'';
(2) in subparagraph (B), by adding at the end the following:
``(iv) Detailed information about the number of
covered employees, covered individuals, and covered
dependents who reported experiencing vestibular,
neurological, or related injuries, including those
broadly termed `anomalous health incidents'.
``(v) The number of individuals who have sought
benefits under any provision of section 19A of the
Central Intelligence Agency Act of 1949 (50 U.S.C.
3519b).
``(vi) The number of covered employees, covered
individuals, and covered dependents who are unable to
perform all or part of their professional duties as a
result of injuries described in clause (iv).
``(vii) An updated analytic assessment coordinated
by the National Intelligence Council regarding the
potential causes and perpetrators of anomalous health
incidents, as well as any and all dissenting views
within the intelligence community, which shall be
included as appendices to the assessment.''; and
(3) in subparagraph (C), by striking ``The'' and inserting ``Each''.
SEC. 6413. HISTORICAL ADVISORY PANEL OF CENTRAL INTELLIGENCE AGENCY.
(a) Sense of Congress.--It is the sense of Congress that Congress expresses
its appreciation--
(1) to the Director of the Central Intelligence Agency for
reconstituting the Historical Advisory Panel; and
(2) for the important work of the Historical Advisory Panel,
especially for--
(A) the efforts of the Panel to aid with the
declassification of materials that enrich the historical
national security record; and
(B) the assistance of the Panel in liaison with the
scholarly community.
(b) Reporting Requirement.--The Historical Advisory Panel shall report
directly to the Director of the Central Intelligence Agency.
(c) Historical Advisory Panel Defined.--The term ``Historical Advisory
Panel'' means the panel of the Central Intelligence Agency, regardless of the
name of the panel, that assists in conducting declassification reviews and
providing other assistance with respect to matters of historical interest.
SEC. 6414. AUTHORITY OF CENTRAL INTELLIGENCE AGENCY TO PROVIDE PROTECTION FOR
CERTAIN PERSONNEL.
(a) Authority.--Paragraph (4) of section 5(a) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 3506(a)), as amended by section 6303, is further
amended to read as follows:
``(4) Authorize personnel designated by the Director to carry firearms to
the extent necessary for the performance of the Agency's authorized functions,
except that, within the United States, such authority shall be limited to the
purposes of--
``(A) the training of Agency personnel and other authorized persons
in the use of firearms;
``(B) the protection of classified materials and information;
``(C) the protection of installations and property of the Agency;
``(D) the protection of--
``(i) current and former Agency personnel and their
immediate families;
``(ii) individuals nominated by the President to the
position of Director (including with respect to an individual
whom a President-elect (as defined in section 3(c) of the
Presidential Transition Act of 1963 (3 U.S.C. 102 note) has
declared an intent to nominate) and their immediate families;
and
``(iii) defectors and their immediate families, and other
persons in the United States under Agency auspices; and
``(E) with respect to the Office of the Director of National
Intelligence, the protection of--
``(i) installations and property of the Office of the
Director of National Intelligence;
``(ii) the Director of National Intelligence and the
immediate family of the Director;
``(iii) current and former personnel of the Office of the
Director of National Intelligence and their immediate families
as the Director of National Intelligence may designate; and
``(iv) individuals nominated by the President to the
position of Director of National Intelligence (including with
respect to an individual whom a President-elect has declared an
intent to nominate) and their immediate families;''.
(b) Conforming Amendment.--Section 15(d)(1) of such Act (50 U.S.C.
3515(d)(1)) is amended by striking ``designated by the Director under section
5(a)(4) to carry firearms for the protection of current or former Agency
personnel and their immediate families, defectors and their immediate families,
and other persons in the United States under Agency auspices,'' and inserting
the following: ``designated by the Director to carry firearms under subparagraph
(D) or (E) of section 5(a)(4),''.
(c) Technical Amendment.--Paragraphs (7) and (8) of section 5(a) of such Act
(50 U.S.C. 3506(a)) are amended by adjusting the margins to conform with the
other paragraphs in such section.
SEC. 6415. NOTIFICATION OF USE OF CERTAIN EXPENDITURE AUTHORITIES.
(a) CIA.--Section 8 of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3510) is amended by adding at the end the following new subsection:
``(c) Notification.--Not later than 30 days after the date on which the
Director makes a novel and significant expenditure pursuant to subsection (a),
the Director shall notify the Permanent Select Committee on Intelligence of the
House of Representatives, the Select Committee on Intelligence of the Senate,
the Subcommittee on Defense of the Committee on Appropriations of the Senate,
and the Subcommittee on Defense of the Committee on Appropriations of the House
of Representatives of such expenditure.''.
(b) Other Elements.--Section 102A of the National Security Act of 1947 (50
U.S.C. 3024), as amended by section 6402, is further amended--
(1) in subsection (m)(1), by inserting before the period at the end
the following: ``, including with respect to the notification
requirement under section 8(c) of such Act (50 U.S.C. 3510(c))''; and
(2) in subsection (n), by adding at the end the following new
paragraph:
``(5) Any authority provided to the Director of National Intelligence or the
head of an element of the intelligence community pursuant to this subsection to
make an expenditure referred to in subsection (a) of section 8 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3510) is subject to the notification
requirement under subsection (c) of such section. If the Director of National
Intelligence is required to make a notification for a specific expenditure
pursuant to both this paragraph and paragraph (4)(G), the Director may make a
single notification.''.
SEC. 6416. OFFICE SUPPORTING CENTRAL INTELLIGENCE AGENCY WORKFORCE WELLBEING.
(a) Establishment.--The Central Intelligence Agency Act of 1949 (50 U.S.C.
3501 et seq.) is amended by adding at the end the following new section:
``SEC. 29. OFFICE OF WELLNESS AND WORKFORCE SUPPORT.
``(a) Establishment.--The Director shall establish within the Agency an
office (in this section referred to as the `Office') to provide support for the
physical health, mental health, and wellbeing of eligible individuals under
subsection (d).
``(b) Chief Wellbeing Officer; Assigned Staff.--
``(1) Chief wellbeing officer.--The head of the Office is the Chief
Wellbeing Officer, who shall provide to the Director regular updates on
the operations of the Office.
``(2) Assigned staff.--To assist in performing the functions under
subsection (c), the Director shall assign to the Office a sufficient
number of individuals, who shall have no official duties other than
duties related to the Office while so assigned.
``(c) Functions of Office.--
``(1) Functions.--The Director shall establish the functions and
role of the Office, which shall include the following:
``(A) Providing to eligible individuals under subsection (d)
advice and assistance on health and wellbeing, including with
respect to--
``(i) physical health and access to physical health
care;
``(ii) mental health and access to mental health
care; and
``(iii) other related programs and benefits for
which the individual may be eligible.
``(B) In providing advice and assistance to individuals
under subparagraph (A), assisting such individuals who are
applying for, and navigating the process to obtain, benefits
furnished by the United States Government for which the
individual is eligible, including, at a minimum--
``(i) health care and benefits described in such
subparagraph; and
``(ii) benefits furnished pursuant to section 19A.
``(C) Maintaining, and making available to eligible
individuals under subsection (d), the following:
``(i) A list of physicians and mental health care
providers (including from the private sector, as
applicable), who have experience with the physical and
mental health care needs of the Agency workforce.
``(ii) A list of chaplains and religious counselors
who have experience with the needs of the Agency
workforce, including information regarding access to the
Chaplain Corps established under section 26.
``(iii) Information regarding how to select and
retain private attorneys who have experience with the
legal needs of the Agency workforce, including detailed
information on the process for the appropriate sharing
of information with retained private attorneys.
``(D) Any other functions the Director determines
appropriate.
``(2) Rule of construction.--The inclusion of any person on a list
maintained or made available pursuant to paragraph (1)(C) shall not be
construed as an endorsement of such person (or any service furnished by
such person), and the Director shall not be liable, as a result of such
inclusion, for any portion of compensable injury, loss, or damage
attributable to such person or service.
``(3) Confidentiality.--
``(A) Requirement.--The Director shall ensure that, to the
extent permitted by law, the advice and assistance provided by
the Office to eligible individuals under subsection (d) is
provided in a confidential manner.
``(B) Regulations.--The Director may prescribe regulations
regarding the requirement for confidentiality under this
paragraph. The Director shall submit to the congressional
intelligence committees (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003)), the Subcommittee on
Defense of the Committee on Appropriations of the Senate, and
the Subcommittee on Defense of the Committee on Appropriations
of the House of Representatives any such regulations not later
than 30 days after prescribing such regulations.
``(d) Eligibility.--
``(1) In general.--An individual described in paragraph (2) may
receive a service under the Office at the election of the individual.
``(2) Individuals described.--An individual described in this
paragraph is--
``(A) a current or former officer or employee of the Agency;
or
``(B) an individual affiliated with the Agency, as
determined by the Director.''.
(b) Deadline for Establishment.--The Director of the Central Intelligence
Agency shall establish the Office under section 29 of the Central Intelligence
Agency Act of 1949 (as added by subsection (a)) (in this section referred to as
the ``Office'') by not later than 120 days after the date of the enactment of
this Act.
(c) Biannual Briefings.--On a biannual basis during the three-year period
beginning on the date of the establishment of the Office, the Director shall
provide to the congressional intelligence committees, the Subcommittee on
Defense of the Committee on Appropriations of the Senate, and the Subcommittee
on Defense of the Committee on Appropriations of the House of Representatives a
briefing on the status of the Office, including on--
(1) the number of individuals assigned to the Office pursuant to
subsection (b)(2) of section 29 of the Central Intelligence Agency Act
of 1949 (as added by subsection (a)); and
(2) the number of eligible individuals under subsection (d) of such
section 29 who have received services under the Office, and the type of
services so received.
Subtitle C--Elements of the Defense Intelligence Enterprise
SEC. 6421. INCLUSION OF SPACE FORCE AS ELEMENT OF INTELLIGENCE COMMUNITY.
Section 3(4)(H) of the National Security Act of 1947 (50 U.S.C. 3003(4)(H))
is amended by inserting ``the Space Force,'' after ``the Marine Corps,''.
SEC. 6422. OVERSIGHT OF DEFENSE INTELLIGENCE AGENCY CULTURE.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
(C) the Subcommittee on Defense of the Committee on
Appropriations of the Senate;
(D) the Committee on Armed Services of the House of
Representatives; and
(E) the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(2) Workforce climate survey.--The term ``workforce climate
survey''--
(A) means a workforce engagement or climate survey conducted
at the agency, directorate, career field, or integrated
intelligence center level, without regard to whether the survey
is conducted on an annual or ad-hoc basis; and
(B) does not include an exit survey specified in subsection
(c).
(b) Findings.--Congress finds that the Defense Intelligence Agency has
committed to improving Agency culture and leadership; however, actions taken by
the Agency as of the date of the enactment of this Act have not enabled a full
assessment of the extent of workforce culture issues and potential management
abuses, and require additional Congressional oversight to ensure concerns are
both understood and addressed.
(c) Mandatory Provision of Exit Survey or Interview.--
(1) In general.--The Director of the Defense Intelligence Agency
shall ensure that each employee of such Agency who leaves employment
with such Agency (but not including any detail assignment) completes an
exit survey or exit interview prior to such departure, to the extent
practicable.
(2) Annual submissions to congress.--On an annual basis during the
3-year period beginning on the date of the enactment of this Act, the
Director of the Defense Intelligence Agency shall submit to the
appropriate committees of Congress a written analysis of the results of
the exit surveys or exit interviews completed pursuant to paragraph (1)
during the year covered by the report together with a plan of the
Director to address any issues identified pursuant to such results to
improve retention and culture.
(d) Congressional Oversight Relating to Workforce Climate Surveys.--
(1) Notifications of ad-hoc workforce climate surveys.--Not later
than 14 days after the date on which the Director of the Defense
Intelligence Agency conducts an ad-hoc workforce climate survey
(including in response to a specific incident or concern), the Director
shall notify the appropriate committees of Congress.
(2) Reports on final results.--Not later than 90 days after the date
on which the Director of the Defense Intelligence Agency concludes the
conduct of any workforce climate survey, the Director shall submit to
the appropriate committees of Congress a report containing the final
results of such workforce climate survey. Such report shall include the
following:
(A) The topic of the workforce climate survey, and the
workforce level surveyed.
(B) The rationale for conducting the workforce climate
survey.
(C) The measures in place to ensure the accessibility of the
workforce climate survey.
(D) The lead official or entity conducting the workforce
climate survey.
(E) Any actions the Director intends to take, or is
considering, in response to the results of the workforce climate
survey.
(3) Accessibility of workforce climate surveys.--The Director of the
Defense Intelligence Agency shall ensure that, to the extent
practicable, and consistent with the protection of intelligence sources
and methods, workforce climate surveys are accessible to employees of
such Agency on classified and unclassified systems.
(e) Feasibility Report.--Not later than 270 days after the date of enactment
of this Act, the Director of the Defense Intelligence Agency shall submit to the
appropriate committees of Congress a report containing an analysis of the
feasibility (including the anticipated cost, personnel requirements, necessary
authorities, and such other matters as may be determined appropriate by the
Director for purposes of analyzing feasibility) of--
(1) conducting 360-degree performance reviews among employees of the
Defense Intelligence Agency; and
(2) including leadership suitability assessments (including
personality evaluations, communication style assessments, and emotional
intelligence aptitude assessments) for promotions of such employees to a
position within grade GS-14 or above of the General Schedule.
Subtitle D--Other Elements
SEC. 6431. MODIFICATION OF ADVISORY BOARD IN NATIONAL RECONNAISSANCE OFFICE.
Section 106A(d) of the National Security Act of 1947 (50 U.S.C. 3041a(d)) is
amended--
(1) in paragraph (3)(A)(i), by inserting ``, in consultation with
the Director of National Intelligence and the Secretary of Defense,''
after ``Director''; and
(2) in paragraph (7), by striking ``the date that is 3 years after
the date of the first meeting of the Board'' and inserting ``September
30, 2024''.
SEC. 6432. ESTABLISHMENT OF ADVISORY BOARD FOR NATIONAL GEOSPATIAL-INTELLIGENCE
AGENCY.
(a) Establishment.--There is established in the National Geospatial-
Intelligence Agency an advisory board (in this section referred to as the
``Board'').
(b) Duties.--The Board shall--
(1) study matters relating to the mission of the National
Geospatial-Intelligence Agency, including with respect to integration of
commercial capabilities, promoting innovation, advice on next generation
tasking, collection, processing, exploitation, and dissemination
capabilities, strengthening functional management, acquisition, and such
other matters as the Director of the National Geospatial-Intelligence
Agency considers appropriate; and
(2) advise and report directly to the Director with respect to such
matters.
(c) Members.--
(1) Number and appointment.--
(A) In general.--The Board shall be composed of 6 members
appointed by the Director from among individuals with
demonstrated academic, government, business, or other expertise
relevant to the mission and functions of the Agency.
(B) Notification.--Not later than 30 days after the date on
which the Director appoints a member to the Board, the Director
shall notify the congressional intelligence committees and the
congressional defense committees (as defined in section 101(a)
of title 10, United States Code) of such appointment.
(C) Initial appointments.--Not later than 180 days after the
date of the enactment of this Act, the Director shall appoint
the initial 6 members to the Board.
(2) Terms.--Each member shall be appointed for a term of 3 years.
(3) Vacancy.--Any member appointed to fill a vacancy occurring
before the expiration of the term for which the member's predecessor was
appointed shall be appointed only for the remainder of that term.
(4) Chair.--The Board shall have a Chair, who shall be appointed by
the Director from among the members.
(5) Travel expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with applicable
provisions under subchapter I of chapter 57 of title 5, United States
Code.
(6) Executive secretary.--The Director may appoint an executive
secretary, who shall be an employee of the Agency, to support the Board.
(d) Meetings.--The Board shall meet not less than quarterly, but may meet
more frequently at the call of the Director.
(e) Reports.--Not later than March 31 of each year, the Board shall submit
to the Director and to the congressional intelligence committees, the Committee
on Appropriations of the Senate, and the Committee on Appropriations of the
House of Representatives a report on the activities and significant findings of
the Board during the preceding year.
(f) Nonapplicability of Certain Requirements.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Board.
(g) Termination.--The Board shall terminate on the date that is 5 years
after the date of the first meeting of the Board.
SEC. 6433. ELEVATION OF THE COMMERCIAL AND BUSINESS OPERATIONS OFFICE OF THE
NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.
Beginning not later than 90 days after the date of the enactment of this
Act, the head of the commercial and business operations office of the National
Geospatial-Intelligence Agency shall report directly to the Director of the
National Geospatial-Intelligence Agency.
SEC. 6435. STUDY ON PERSONNEL UNDER STRATEGIC INTELLIGENCE PARTNERSHIP PROGRAM.
(a) Study.--The Director of National Intelligence and the Director of the
Office of Intelligence and Counterintelligence of the Department of Energy, in
consultation with the National Laboratories Directors' Council and in
coordination with such other entities, agencies, and departments as the
Directors consider appropriate, shall jointly conduct a study of the skills,
recruitment, and retention of the personnel at the national laboratories who
carry out projects under the Strategic Intelligence Partnership Program.
(b) Elements.--The study under subsection (a) shall address the following:
(1) The degree to which the personnel at the national laboratories
who carry out projects under the Strategic Intelligence Partnership
Program have the requisite training, skillsets, or expertise in critical
science, technology, and engineering areas to support ongoing and
anticipated projects under such Program, and the sufficiency of such
personnel.
(2) Whether such personnel have compensation, benefits, and pay
scales that are competitive with comparable roles in the private sector
in the geographic market in which the relevant national laboratory is
located.
(3) Any challenges associated with the retention of such personnel.
(4) The talent composition of such personnel, broken down by career
phase and degree status, to include any relevant exit survey data.
(5) A description of current or previous programs to enabling such
personnel to rotate between elements of the intelligence community and
the national laboratories, including the number of personnel on
nonreimbursable or reimbursable assignment to an element of the
intelligence community.
(6) The degree to which such projects and personnel support or
augment other ongoing mission areas and capacities at the national
laboratories.
(c) Recommendations.--Upon completing the study under subsection (a), the
Directors shall jointly develop findings and recommendations based on the
results of the study regarding the recruitment and retention of personnel at the
national laboratories who carry out projects under the Strategic Intelligence
Partnership Program, including with respect to the following:
(1) New or alternative business models, sponsorship arrangements, or
work scope agreements.
(2) Extending eligibility for existing, or establishing new,
recruitment, retention, or other career incentive programs, including
student loan repayment and forgiveness programs, to such personnel.
(3) Initiating geographically flexible or remote work arrangements
for such personnel.
(4) Enabling such personnel to participate in training at elements
of the intelligence community, or obtain academic training at the
National Intelligence University.
(5) Establishing new, or enhancing existing, opportunities for
detailee or rotational programs among the intelligence community and the
national laboratories.
(6) Using a compensation system modeled on the Cyber Talent
Management System of the Department of Homeland Security for such
personnel.
(7) Any other recommendations the Directors determine relevant.
(d) Report.--
(1) Requirement.--Not later than 1 year after the date of the
enactment of this Act, the Directors shall jointly submit to the
congressional intelligence committees, the Subcommittee on Defense of
the Committee on Appropriations of the Senate, and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives a report containing the study under subsection (a) and
the recommendations under subsection (c).
(2) Form.--The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
(e) National Laboratories Defined.--In this section, the term ``national
laboratories'' means--
(1) each national security laboratory (as defined in section 3281(1)
of the National Nuclear Security Administration Act (50 U.S.C.
2471(1))); and
(2) each national laboratory of the Department of Energy.
SEC. 6436. BRIEFING ON COORDINATION BETWEEN INTELLIGENCE COMMUNITY AND BUREAU OF
INDUSTRY AND SECURITY.
(a) Definition of Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on Armed
Services, the Committee on Banking, Housing, and Urban Affairs, the
Committee on Commerce, Science, and Transportation, and the Subcommittee
on Defense of the Committee on Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on Armed
Services, the Committee on Financial Services, the Committee on Energy
and Commerce, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(b) Classified Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence and the Secretary
of Commerce, or their designees, shall jointly provide a classified briefing to
the appropriate congressional committees regarding--
(1) coordination between the intelligence community and the Bureau
of Industry and Security of the Department of Commerce;
(2) existing processes of the Bureau for the access to, storage of,
transmission of, and use of information provided to the Bureau by an
element of the intelligence community; and
(3) such recommendations as the Director and the Secretary may have
to enhance such access, storage, transmission, and use.
TITLE LXV--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Intelligence Matters Relating to the People's Republic of China
SEC. 6501. REPORT ON WEALTH AND CORRUPT ACTIVITIES OF THE LEADERSHIP OF THE
CHINESE COMMUNIST PARTY.
Not later than 1 year after the date of the enactment of this Act, the
Director of National Intelligence, in consultation with the Secretary of State,
shall make available to the public an unclassified report on the wealth and
corrupt activities of the leadership of the Chinese Communist Party, including
the General Secretary of the Chinese Communist Party and senior leadership
officials in the Central Committee, the Politburo, the Politburo Standing
Committee, and any other regional Party Secretaries.
SEC. 6502. IDENTIFICATION AND THREAT ASSESSMENT OF COMPANIES WITH INVESTMENTS BY
THE PEOPLE'S REPUBLIC OF CHINA.
(a) Definition of Appropriate Committees of Congress.--In this section, the
term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Commerce, Science, and Transportation and the
Subcommittee on Defense of the Committee on Appropriations of the
Senate; and
(3) the Committee on Energy and Commerce and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives.
(b) In General.--Not later than 120 days after the date of the enactment of
this Act, the Director of National Intelligence, in consultation with such heads
of elements of the intelligence community as the Director considers appropriate,
the Chairperson of the Federal Communication Commission, and the Administrator
of the National Telecommunications and Information Administration, shall provide
to the appropriate committees of Congress a report on the risk to national
security of the use of--
(1) telecommunications companies with a 10% or greater direct or
indirect foreign investment by an entity or person owned or controlled
by, or subject to the jurisdiction or direction of, the People's
Republic of China that is operating in the United States or providing
services to affiliates and personnel of the intelligence community; and
(2) hospitality and conveyance companies with substantial investment
by the People's Republic of China by affiliates and personnel of the
intelligence community for travel on behalf of the United States
Government.
SEC. 6503. INTELLIGENCE COMMUNITY WORKING GROUP FOR MONITORING THE ECONOMIC AND
TECHNOLOGICAL CAPABILITIES OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--The Director of National Intelligence, in consultation with
such heads of elements of the intelligence community as the Director considers
appropriate, shall establish a cross-intelligence community analytical working
group (in this section referred to as the ``working group'') on the economic and
technological capabilities of the People's Republic of China.
(b) Monitoring and Analysis.--The working group shall monitor and analyze--
(1) the economic and technological capabilities of the People's
Republic of China;
(2) the extent to which those capabilities rely on exports,
financing, or services from the United States and other foreign
countries;
(3) the links of those capabilities to the military-industrial
complex of the People's Republic of China; and
(4) the threats those capabilities pose to the national security and
values of the United States.
(c) Annual Assessment.--
(1) Definition of appropriate committees of congress.--In this
subsection, the term ``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Armed
Services, the Committee on Homeland Security and Governmental
Affairs, the Committee on Commerce, Science, and Transportation,
and the Committee on Appropriations of the Senate; and
(C) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Armed Services, the
Committee on Homeland Security, the Committee on Energy and
Commerce, the Committee on Ways and Means, and the Committee on
Appropriations of the House of Representatives.
(2) In general.--Not less frequently than once each year, the
working group shall submit to the appropriate committees of Congress an
assessment of the economic and technological strategy, efforts, and
progress of the People's Republic of China to become the dominant
military, technological, and economic power in the world and undermine
the rules-based world order.
(3) Elements.--Each assessment required by paragraph (2) shall
include the following:
(A) An unclassified overview of the major goals, strategies,
and policies of the People's Republic of China to control,
shape, or develop self-sufficiency in key technologies and
control related supply chains and ecosystems, including--
(i) efforts to acquire United States and other
foreign technology and recruit foreign talent in
technology sectors of the People's Republic of China,
including the extent to which those efforts relate to
the military-industrial complex of the People's Republic
of China;
(ii) efforts related to incentivizing offshoring of
United States and foreign manufacturing to China,
influencing global supply chains, and creating supply
chain vulnerabilities for the United States, including
China's financing or potential financing in foreign
countries to create monopolies in the processing and
exporting of rare earth and other critical materials
necessary for renewable energy, including cobalt,
lithium, and nickel;
(iii) related tools and market access restrictions
or distortions imposed by the People's Republic of China
on foreign firms and laws and regulations of the
People's Republic of China that discriminate against
United States and other foreign firms; and
(iv) efforts of the People's Republic of China to
attract or restrict financing from the United States and
other foreign countries to build self-sufficient
national defense capabilities, an evaluation of the
relative contribution of foreign financing to China's
economic support for such capabilities, and the type of
capital flows from the United States into China's
national defense capabilities from the specific actions
taken by the Government of the People's Republic of
China to attract or restrict financing to the outcome of
such efforts for entities and persons of the People's
Republic of China.
(B) An unclassified assessment of the progress of the
People's Republic of China to achieve its goals, disaggregated
by economic sector.
(C) An unclassified assessment of the impact of the transfer
of capital, technology, data, talent, and technical expertise
from the United States to China on the economic, technological,
and military capabilities of the People's Republic of China.
(D) An unclassified list of the top 200 businesses, academic
and research institutions, or other entities of the People's
Republic of China that are--
(i) developing, producing, or exporting to other
countries the technologies that are strategically
important to the People's Republic of China or
supporting entities of the People's Republic of China
that are subject to sanctions imposed by the United
States;
(ii) supporting the military-civil fusion program or
the military industrial complex of the People's Republic
of China; or
(iii) otherwise supporting the goals and efforts of
the Chinese Communist Party and Chinese government
entities, including the Ministry of State Security, the
Ministry of Public Security, and the People's Liberation
Army.
(E) An unclassified list of the top 100 development,
infrastructure, or other strategic projects that the People's
Republic of China is financing abroad that--
(i) advance the technology goals and strategies of
the Chinese Communist Party; or
(ii) evade financial sanctions, export controls, or
import restrictions imposed by the United States.
(F) An unclassified list of the top 100 businesses, research
institutions, or other entities of the People's Republic of
China that are developing surveillance, smart cities, or related
technologies that are--
(i) exported to other countries, undermining
democracy worldwide; or
(ii) provided to the security services of the
People's Republic of China, enabling them to commit
severe human rights abuses in China.
(G) An unclassified list of the top 100 businesses or other
entities of the People's Republic of China that are--
(i) operating in the genocide zone in Xinjiang; or
(ii) supporting the Xinjiang Public Security Bureau,
the Xinjiang Bureau of the Ministry of State Security,
the People's Armed Police, or the Xinjiang Production
and Construction Corps.
(H) A list of investment funds, public companies, or private
or early-stage firms of the People's Republic of China that have
received more than $100,000,000 in capital flows from the United
States during the 10-year period preceding the date on which the
assessment is submitted.
(4) Preparation of assessments.--In preparing each assessment
required by paragraph (2), the working group shall use open source
documents in Chinese language and commercial databases.
(5) Format.--An assessment required by paragraph (2) may be
submitted in the format of a National Intelligence Estimate.
(6) Form.--Each assessment required by paragraph (2) shall be
submitted in unclassified form, but may include a classified annex.
(7) Publication.--The unclassified portion of each assessment
required by paragraph (2) shall be published on the publicly accessible
website of the Director of National Intelligence.
(d) Briefings to Congress.--Not less frequently than quarterly, the working
group shall provide to Congress a classified briefing on the economic and
technological goals, strategies, and progress of the People's Republic of China,
especially on the information that cannot be disclosed in the unclassified
portion of an assessment required by subsection (c)(2).
(e) Classified Analyses.--Each classified annex to an assessment required by
subsection (c)(2) or corresponding briefing provided under subsection (d) shall
include an analysis of--
(1) the vulnerabilities of the People's Republic of China,
disaggregated by economic sector, industry, and entity; and
(2) the technological or supply chain chokepoints of the People's
Republic of China that provide leverage to the United States.
(f) Sunset.--This section shall cease to be effective on the date that is 5
years after the date of the enactment of this Act.
SEC. 6504. ANNUAL REPORT ON CONCENTRATED REEDUCATION CAMPS IN THE XINJIANG
UYGHUR AUTONOMOUS REGION OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Appropriations of the Senate; and
(C) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Appropriations of the
House of Representatives.
(2) Covered camp.--The term ``covered camp'' means a detention camp,
prison, forced labor camp, or forced labor factory located in the
Xinjiang Uyghur Autonomous Region of the People's Republic of China,
referred to by the Government of the People's Republic of China as
``concentrated reeducation camps'' or ``vocational training centers''.
(b) Annual Report Required.--Not later than 120 days after the date of the
enactment of this Act, and annually thereafter for 5 years, the Director of
National Intelligence, in consultation with such heads of elements of the
intelligence community as the Director considers appropriate, shall submit to
the appropriate committees of Congress a report on the status of covered camps.
(c) Elements.--Each report required by subsection (b) shall include the
following:
(1) An identification of the number and geographic location of
covered camps and an estimate of the number of victims detained in
covered camps.
(2) A description of--
(A) the types of personnel and equipment in covered camps;
(B) the funding received by covered camps from the
Government of the People's Republic of China; and
(C) the role of the security services of the People's
Republic of China and the Xinjiang Production and Construction
Corps in enforcing atrocities at covered camps.
(3) A comprehensive list of--
(A) the entities of the Xinjiang Production and Construction
Corps, including subsidiaries and affiliated businesses, with
respect to which sanctions have been imposed by the United
States;
(B) commercial activities of those entities outside of the
People's Republic of China; and
(C) other Chinese businesses, including in the artificial
intelligence, biotechnology, and surveillance technology
sectors, that are involved with the atrocities in Xinjiang or
supporting the policies of the People's Republic of China in the
region.
(d) Form.--Each report required by subsection (b) shall be submitted in
unclassified form, but may include a classified annex.
(e) Publication.--The unclassified portion of each report required by
subsection (b) shall be published on the publicly accessible website of the
Office of the Director of National Intelligence.
SEC. 6505. ASSESSMENTS OF PRODUCTION OF SEMICONDUCTORS BY THE PEOPLE'S REPUBLIC
OF CHINA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Banking, Housing, and Urban
Affairs, the Committee on Commerce, Science, and Transportation,
the Committee on Homeland Security and Governmental Affairs, and
the Committee on Appropriations of the Senate; and
(C) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Financial Services, the
Committee on Science, Space, and Technology, the Committee on
Energy and Commerce, the Committee on Homeland Security, and the
Committee on Appropriations of the House of Representatives.
(2) Legacy semiconductor.--The term ``legacy semiconductor'' has the
meaning given such term in section 9902(a)(6)(A) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021 (15
U.S.C. 4652(a)(6)(A)).
(b) In General.--Not later than 60 days after the date of the enactment of
this Act, and annually thereafter for 3 years, the Director of National
Intelligence shall submit to the appropriate committees of Congress an
assessment of progress by the People's Republic of China in global
competitiveness in the production of semiconductors by Chinese firms, including
any subsidiary, affiliate, or successor of such firms.
(c) Consultation.--In carrying out subsection (b), the Director shall
consult with the Secretary of Commerce and the heads of such other Federal
agencies as the Director considers appropriate.
(d) Elements.--Each assessment submitted under subsection (b) shall include
the following:
(1) The progress of the People's Republic of China toward self-
sufficiency in the supply of semiconductors, including globally
competitive Chinese firms competing in the fields of artificial
intelligence, cloud computing, autonomous vehicles, next-generation and
renewable energy, advanced life sciences and biotechnology, and high-
performance computing.
(2) The progress of the People's Republic of China in developing
indigenously or accessing foreign sources of intellectual property
critical to the design and manufacturing of leading edge process nodes,
including electronic design automation technology.
(3) Activity of Chinese firms with respect to the production of
semiconductors that are not legacy semiconductors, including any
identified export diversion to evade export controls.
(4) Any observed stockpiling efforts by Chinese firms with respect
to semiconductor manufacturing equipment, substrate materials, silicon
wafers, or other necessary inputs for semiconductor production.
(5) An analysis of the relative market share of different Chinese
semiconductor manufacturers at different process nodes and the estimated
increase or decrease of market share by that manufacturer in each
product category during the preceding year.
(6) A comprehensive summary of recruitment activity of the People's
Republic of China targeting semiconductor manufacturing engineers and
managers from non-Chinese firms.
(7) An analysis of the capability of the workforce of the People's
Republic of China to design, produce, and manufacture of semiconductors
that are not legacy semiconductors and relevant equipment.
(e) Form of Assessments.--Each assessment submitted under subsection (b)
shall be submitted in unclassified form and include a classified annex.
(f) Additional Reporting.--Each assessment submitted under subsection (b)
shall also be transmitted to the Secretary of Commerce, to inform, among other
activities of the Department of Commerce, implementation of section 103 of the
CHIPS Act of 2022 (Public Law 117-167) and title XCIX of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C.
4651 et seq.).
Subtitle B--Miscellaneous Authorities, Requirements, and Limitations
SEC. 6511. NOTICE OF DEPLOYMENT OR TRANSFER OF CONTAINERIZED MISSILE SYSTEMS BY
RUSSIA, CHINA, OR IRAN.
Section 501 of the Intelligence Authorization Act for Fiscal Year 2016
(division M of Public Law 114-113; 129 Stat. 2923) is amended--
(1) by striking ``the Russian Federation'' each place it appears and
inserting ``a covered country'';
(2) by striking ``Club-K container missile system'' each place it
appears and inserting ``missile launcher disguised as or concealed in a
shipping container'';
(3) in subsection (a)(1)--
(A) by striking ``deploy, the'' and inserting ``deploy, a'';
and
(B) by striking ``the Russian military'' and inserting ``the
military of the covered country'';
(4) by striking subsection (c) and inserting the following new
subsection:
``(c) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term `appropriate
congressional committees' means the following:
``(A) The congressional intelligence committees.
``(B) The Committees on Armed Services of the House of
Representatives and the Senate.
``(C) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
``(D) The Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
``(2) Covered country.--The term `covered country' means the
following:
``(A) Russia.
``(B) China.
``(C) Iran.
``(D) North Korea.''; and
(5) in the heading, by striking ``club-k container missile system by
the russian federation'' and inserting ``containerized missile system by
russia or certain other countries''.
SEC. 6512. INTELLIGENCE COMMUNITY COORDINATOR FOR RUSSIAN ATROCITIES
ACCOUNTABILITY.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
(C) the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(2) Atrocity.--The term ``atrocity'' means a war crime, crime
against humanity, or genocide.
(3) Commit.--The term ``commit'', with respect to an atrocity,
includes the planning, committing, aiding, and abetting of such
atrocity.
(4) Foreign person.--The term ``foreign person'' means a person that
is not a United States person.
(5) Russian atrocity.--The term ``Russian atrocity'' means an
atrocity that is committed by an individual who is--
(A) a member of the armed forces, or the security or other
defense services, of the Russian Federation;
(B) an employee of any other element of the Russian
Government; or
(C) an agent or contractor of an individual specified in
subparagraph (A) or (B).
(6) United states person.--The term ``United States person'' has the
meaning given that term in section 105A(c) of the National Security Act
of 1947 (50 U.S.C. 3039).
(b) Intelligence Community Coordinator for Russian Atrocities
Accountability.--
(1) Designation.--Not later than 30 days after the date of the
enactment of this Act, the Director of National Intelligence shall
designate a senior official of the Office of the Director of National
Intelligence to serve as the intelligence community coordinator for
Russian atrocities accountability (in this section referred to as the
``Coordinator'').
(2) Duties.--The Coordinator shall oversee the efforts of the
intelligence community relating to the following:
(A) Identifying, and (as appropriate) disseminating within
the United States Government, intelligence relating to the
identification, location, or activities of foreign persons
suspected of playing a role in committing Russian atrocities in
Ukraine.
(B) Identifying analytic and other intelligence needs and
priorities of the intelligence community with respect to the
commitment of such Russian atrocities.
(C) Addressing any gaps in intelligence collection relating
to the commitment of such Russian atrocities and developing
recommendations to address any gaps so identified, including by
recommending the modification of the priorities of the
intelligence community with respect to intelligence collection.
(D) Collaborating with appropriate counterparts across the
intelligence community to ensure appropriate coordination on,
and integration of the analysis of, the commitment of such
Russian atrocities.
(E) Identifying intelligence and other information that may
be relevant to preserve evidence of potential war crimes by
Russia, consistent with the public commitments of the United
States to support investigations into the conduct of Russia.
(F) Ensuring the Atrocities Early Warning Task Force and
other relevant departments and agencies of the United States
Government receive appropriate support from the intelligence
community with respect to the collection, analysis,
preservation, and, as appropriate, dissemination, of
intelligence related to Russian atrocities in Ukraine.
(3) Plan required.--Not later than 30 days after the date of
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate committees of Congress--
(A) the name of the official designated as the Coordinator
pursuant to paragraph (1); and
(B) the strategy of the intelligence community for the
collection of intelligence related to Russian atrocities in
Ukraine, including a detailed description of how the Coordinator
shall support, and assist in facilitating the implementation of,
such strategy.
(4) Annual report to congress.--
(A) Reports required.--Not later than May 1, 2023, and
annually thereafter until May 1, 2026, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a report detailing, for the year covered by the
report--
(i) the analytical findings and activities of the
intelligence community with respect to Russian
atrocities in Ukraine; and
(ii) the recipients of information shared pursuant
to this section for the purpose of ensuring
accountability for such Russian atrocities, and the date
of any such sharing.
(B) Form.--Each report submitted under subparagraph (A) may
be submitted in classified form, consistent with the protection
of intelligence sources and methods.
(C) Supplement.--The Director of National Intelligence may
supplement an existing reporting requirement with the
information required under subparagraph (A) on an annual basis
to satisfy that requirement with prior notification of intent to
do so to the appropriate committees of Congress.
(c) Sunset.--This section shall cease to have effect on the date that is 4
years after the date of the enactment of this Act.
SEC. 6513. LEAD INTELLIGENCE COMMUNITY COORDINATOR FOR COUNTERING AND
NEUTRALIZING PROLIFERATION OF IRAN-ORIGIN UNMANNED AIRCRAFT
SYSTEMS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services, the Committee on
Foreign Relations, and the Subcommittee on Defense of the
Committee on Appropriations of the Senate; and
(C) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
(2) Five eyes partnership.--The term ``Five Eyes Partnership'' means
the intelligence alliance comprising Australia, Canada, New Zealand, the
United Kingdom, and the United States.
(3) Unmanned aircraft system.--The term ``unmanned aircraft system''
includes an unmanned powered aircraft (including communication links and
the components that control the unmanned aircraft), that--
(A) does not carry a human operator;
(B) may fly autonomously or be piloted remotely;
(C) may be expendable or recoverable; and
(D) may carry a lethal payload or explode upon reaching a
designated location.
(b) Coordinator.--
(1) Designation.--Not later than 30 days after the date of enactment
of this Act, the Director of National Intelligence shall designate an
official from an element of the intelligence community to serve as the
lead intelligence community coordinator for countering and neutralizing
the proliferation of Iran-origin unmanned aircraft systems (in this
section referred to as the ``Coordinator'').
(2) Plan.--Not later than 120 days after the date on which the
Coordinator is designated under paragraph (1), the Coordinator shall--
(A) develop a comprehensive plan of action, driven by
intelligence information, for countering and neutralizing the
threats posed by the proliferation of Iran-origin unmanned
aircraft systems; and
(B) provide to appropriate committees of Congress a briefing
on such plan of action.
(3) Final report.--
(A) Submission.--Not later than January 1, 2024, the
Director of National Intelligence shall submit to the
appropriate committees of Congress a final report on the
activities and findings of the Coordinator.
(B) Matters.--The report under subparagraph (A) shall
include the following:
(i) An assessment of the threats posed by Iran-
origin unmanned aircraft systems, including the threat
to facilities and personnel of the United States
Government in the greater Middle East, particularly in
the areas of such region that are located within the
area of responsibility of the Commander of the United
States Central Command.
(ii) A detailed description of intelligence sharing
efforts, as well as other joint efforts driven by
intelligence information, with allies and partners of
the United States, to assist in countering and
neutralizing of such threats.
(iii) Recommendations for any changes in United
States policy or legislative authorities to improve the
capacity of the intelligence community to assist in
countering and neutralizing such threats.
(C) Form.--The report under subparagraph (A) may be
submitted in classified form.
(D) Annex.--In submitting the report under subparagraph (A)
to the congressional intelligence committees, the Director shall
also include an accompanying annex, which shall be classified,
that separately details all efforts supported exclusively by
National Intelligence Program funds.
(c) Collaboration With Five Eyes Partnership and Israel.--Taking into
account the findings of the final report under subsection (b)(3), the Director
of National Intelligence shall seek to--
(1) develop and implement a common approach among the Five Eyes
Partnership toward countering the threats posed by Iran-origin unmanned
aircraft systems, including by leveraging the unique intelligence
capabilities and information of the members of the Five Eyes
Partnership; and
(2) intensify cooperation with Israel for the purpose of countering
Iran-origin unmanned aircraft systems, including by strengthening and
expanding existing cooperative efforts conducted pursuant to section
1278 of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1702; 22 U.S.C. 8606 note).
(d) Sunset.--This section shall cease to have effect on the date on which
the final report is submitted under subsection (b)(3).
SEC. 6514. COLLABORATION BETWEEN INTELLIGENCE COMMUNITY AND DEPARTMENT OF
COMMERCE TO COUNTER FOREIGN COMMERCIAL THREATS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term ``appropriate
congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Commerce, Science, and Transportation,
the Committee on Armed Services, the Committee on Foreign
Relations, and the Committee on Appropriations of the Senate;
and
(C) the Committee on Energy and Commerce, the Committee on
Armed Services, the Committee on Foreign Affairs, and the
Committee on Appropriations of the House of Representatives.
(2) Foreign commercial threat.--
(A) In general.--The term ``foreign commercial threat''
means a rare commercial item or service that is produced by,
offered by, sold by, licensed by, or otherwise distributed under
the control of a strategic competitor or foreign adversary in a
manner that may provide the strategic competitor or foreign
adversary leverage over an intended recipient.
(B) Determinations by working group.--In determining whether
an item or service is a foreign commercial threat, the Working
Group shall consider whether the strategic competitor or foreign
adversary could--
(i) withhold, or threaten to withhold, the rare
commercial item or service;
(ii) create reliance on the rare commercial item or
service as essential to the safety, health, or economic
wellbeing of the intended recipient; or
(iii) have its rare commercial item or service
easily replaced by a United States entity or an entity
of an ally or partner of the United States.
(3) Rare commercial item or service.--The term ``rare commercial
item or service'' means a good, service, or intellectual property that
is not widely available for distribution.
(b) Working Group.--
(1) Establishment.--Unless the Director of National Intelligence and
the Secretary of Commerce make the joint determination specified in
subsection (c), the Director and the Secretary, in consultation with the
Secretary of State, shall jointly establish a working group to counter
foreign commercial threats (in this section referred to as the ``Working
Group'').
(2) Membership.--The composition of the Working Group may include
any officer or employee of a department or agency of the United States
Government determined appropriate by the Director or the Secretary.
(3) Duties.--The duties of the Working Group shall be the following:
(A) To identify current foreign commercial threats.
(B) To identify probable future foreign commercial threats.
(C) To identify goods, services, or intellectual property
that, if produced by entities within the United States, or
allies or partners of the United States, would mitigate foreign
commercial threats.
(4) Meetings.--Not later than 30 days after the date of the
enactment of this Act, and on a regular basis that is not less
frequently than quarterly thereafter until the date of termination under
paragraph (5), the Working Group shall meet.
(5) Termination.--Beginning on the date that is 2 years after the
date of the establishment under paragraph (1), the Working Group may be
terminated upon the Director of National Intelligence and the Secretary
of Commerce jointly--
(A) determining that termination of the Working Group is
appropriate; and
(B) submitting to the appropriate congressional committees a
notification of such determination (including a description of
the justification for such determination).
(6) Reports.--
(A) Submission to congress.--Not later than 60 days after
the date of the enactment of this Act, and biannually thereafter
until the date of termination under paragraph (5), the Working
Group shall submit to the appropriate congressional committees a
report on the activities of the Working Group.
(B) Matters.--Each report under subparagraph (A) shall
include a description of the following:
(i) Any current or future foreign commercial threats
identified by the Working Group.
(ii) The strategy of the United States Government,
if any, to mitigate any current foreign commercial
threats or future foreign commercial threats so
identified.
(iii) The plan of the intelligence community to
provide to the Department of Commerce and other
nontraditional customers of the intelligence community
support in addressing foreign commercial threats.
(iv) Any other significant activity of the Working
Group.
(c) Option to Discharge Obligation Through Other Means.--If the Director of
National Intelligence and the Secretary of Commerce make a joint determination
that the requirements of the Working Group under subsection (b) (including the
duties under paragraph (3) and the reporting requirement under paragraph (6) of
such subsection) may be appropriately filled by an existing entity or structure,
and submit to the congressional intelligence committees a notification of such
determination (including a description of the justification for such
determination), the Director and Secretary may task such entity or structure
with such requirements in lieu of establishing the Working Group.
SEC. 6515. INTELLIGENCE ASSESSMENT ON FOREIGN WEAPONIZATION OF ADVERTISEMENT
TECHNOLOGY DATA.
(a) Definitions.--In this section:
(1) Advertisement technology data.--The term ``advertisement
technology data'' means commercially available data derived from
advertisement technology that is used, or can be used, to geolocate
individuals or gain other targeting information on individuals.
(2) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
(C) the Subcommittee on Defense of the Committee on
Appropriations of the Senate;
(D) the Committee on Armed Services of the House of
Representatives; and
(E) the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(b) Assessment.--The Director of National Intelligence shall conduct an
intelligence assessment of the counterintelligence risks of, and the exposure of
intelligence community and Department of Defense personnel and activities to,
tracking by foreign adversaries through advertisement technology data.
(c) Report.--Not later than 60 days after the date of the enactment of this
Act, the Director shall submit to the appropriate committees of Congress a
report on the intelligence assessment under subsection (b).
SEC. 6516. INTELLIGENCE COMMUNITY ASSESSMENT REGARDING RUSSIAN GRAY ZONE ASSETS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
(C) the Subcommittee on Defense of the Committee on
Appropriations of the Senate;
(D) the Committee on Armed Services of the House of
Representatives; and
(E) the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(2) Gray zone activity.--The term ``gray zone activity'' has the
meaning given that term in section 825 of the Intelligence Authorization
Act for Fiscal Year 2022 (Public Law 117-103).
(3) Gray zone asset.--The term ``gray zone asset''--
(A) means an entity or proxy that is controlled, in whole or
in part, by a foreign adversary of the United States and is used
by such foreign adversary in connection with a gray zone
activity; and
(B) includes a state-owned enterprise of a foreign adversary
that is so used.
(b) Intelligence Community Assessment Regarding Russian Gray Zone Assets.--
(1) Intelligence community assessment.--The Director of National
Intelligence, acting through the National Intelligence Council, shall
produce an intelligence community assessment that contains--
(A) a description of the gray zone assets of Russia;
(B) an identification of any opportunities to hold such gray
zone assets at risk, as a method of influencing the behavior of
Russia; and
(C) an assessment of the risks and potential benefits, with
respect to the interests of the United States, that may result
from the seizure of such gray zone assets to hold the assets at
risk.
(2) Considerations.--In identifying opportunities to hold a gray
zone asset of Russia at risk under paragraph (1)(B), the National
Intelligence Council shall consider the following:
(A) The effect on civilians of holding the gray zone asset
at risk.
(B) The extent to which the gray zone asset is substantially
state-owned or substantially controlled by Russia.
(C) The likelihood that holding the gray zone asset at risk
will influence the behavior of Russia.
(D) The likelihood that holding the gray asset at risk, or
degrading the asset, will affect any attempt of Russia to use
force to change existing borders or undermine the political
independence or territorial integrity of any state, including
Ukraine.
(E) Such other factors as the National Intelligence Council
may determine appropriate.
(3) Appendix.--The intelligence community assessment under paragraph
(1) shall include an appendix that contains a list of the categories of
gray zone assets of Russia, with specific examples of--
(A) gray zone assets in each category; and
(B) for each such gray zone asset listed, the ways in which
Russia uses the asset to advance its gray zone activities.
(4) Submission.--The Director, consistent with the protection of
sources and methods, shall submit to the appropriate committees of
Congress the intelligence community assessment under paragraph (1).
(5) Form.--The intelligence community assessment under paragraph (1)
shall be submitted in unclassified form, but may contain a classified
annex.
Subtitle C--Reports and Other Matters
SEC. 6521. REPORT ON ASSESSING WILL TO FIGHT.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term ``appropriate
congressional committees'' means the following:
(A) The congressional intelligence committees.
(B) The Committee on Foreign Relations, the Committee on
Armed Services, and the Subcommittee on Defense of the Committee
on Appropriations of the Senate.
(C) The Committee on Foreign Affairs, the Committee on Armed
Services, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(2) Military will to fight.--The term ``military will to fight''
means, with respect to the military of a country, the disposition and
decision to fight, act, or persevere as needed.
(3) National will to fight.--The term ``national will to fight''
means, with respect to the government of a country, the resolve to
conduct sustained military and other operations for an objective even
when the expectation of success decreases or the need for significant
political, economic, and military sacrifices increases.
(b) Findings.--Congress finds the following:
(1) According to a study by the RAND corporation, ``will to fight''
is poorly analyzed and the least understood aspect of war.
(2) In testimony before the Select Committee on Intelligence of the
Senate in May 2022, top intelligence officials of the United States
indicated that although the intelligence community accurately
anticipated Russia's invasion of Ukraine, the intelligence community did
not accurately assess the will of Ukrainian forces to fight in
opposition to a Russian invasion or that the Ukrainian forces would
succeed in averting a rapid Russian military occupation of Kyiv.
(3) According to the RAND corporation, the intelligence community
estimated that the Afghan government's forces could hold out against the
Taliban for as long as 2 years if all ground forces of the United States
were withdrawn. This estimate was revised in June 2021 to reflect an
intelligence community view that Afghanistan's military collapse could
come in 6 to 12 months. In August 2021, the Afghan government fell
within days after the ground forces of the United States were withdrawn.
(4) Similarly, the rapid advance of the Islamic State in Iraq and
Syria and near-total collapse of the Iraqi Security Forces in 2014
appeared to take the policymakers of the United States by surprise.
(5) The apparent gaps in these analyses had important implications
for policy decisions of the United States toward Russia and Afghanistan,
and suggest a need for further examination of how the intelligence
community assesses a foreign military's will to fight.
(c) Report.--Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence, acting through the National
Intelligence Council and in coordination with the heads of the elements of the
intelligence community that the Director determines appropriate, shall submit to
the appropriate congressional committees a report examining the extent to which
analyses of the military will to fight and the national will to fight informed
the all-source analyses of the intelligence community regarding how the armed
forces and governments of Ukraine, Afghanistan, and Iraq would perform at key
junctures.
(d) Elements.--The report under subsection (c) shall include the following:
(1) The methodology of the intelligence community for measuring the
military will to fight and the national will to fight of a foreign
country.
(2) The extent to which analysts of the intelligence community
applied such methodology when assessing the military will to fight and
the national will to fight of--
(A) Afghanistan following the April 2021 announcement of the
full withdrawal of the United States Armed Forces;
(B) Iraq in the face of the rapid emergence and advancement
in 2014 of Islamic State in Iraq and Syria; and
(C) Ukraine and Russia during the initial phase of the
invasion and march toward Kyiv by Russia in February 2022.
(3) The extent to which--
(A) the assessments described in paragraph (2) depended on
the observations of personnel of the United States Armed Forces
who had trained Afghan, Iraqi, and Ukrainian armed forces; and
(B) such observations reflected any standardized, objective
methodology.
(4) Whether shortcomings in assessing the military will to fight and
the national will to fight may have affected the capacity of the
intelligence community to provide ``early warning'' about the collapse
of government forces in Iraq and Afghanistan.
(5) The extent to which ``red teaming'' was used to test the
assessments described in paragraph (2).
(6) The extent to which dissenting opinions of intelligence analysts
were highlighted in final written products presented to senior
policymakers of the United States.
(7) The extent to which analysts and supervisors adhered to the
policies, procedures, directives, and best practices of the intelligence
community.
(8) Recommendations for analyses by the intelligence community going
forward to incorporate lessons learned and enhance the quality of future
analytical products to more accurately reflect the military will to
fight and the national will to fight and improve the capacity of the
intelligence community to accurately predict the success or failure of
the armed forces of a foreign country.
(e) Annex.--In submitting the report under subsection (c) to the
congressional intelligence committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee on Defense of
the Committee on Appropriations of the House of Representatives, the Director
shall also include an accompanying annex, which shall be classified, providing
an inventory of the following:
(1) Collection gaps and challenges that may have affected the
analysis of the collapse of government forces in Iraq and Afghanistan.
(2) Actions that the Director of National Intelligence has taken to
mitigate such gaps and challenges.
(f) Form.--The report under subsection (c) may be submitted in classified
form, but if so submitted, shall include an unclassified summary of key
findings, consistent with the protection of intelligence sources and methods.
SEC. 6522. REPORT ON THREAT FROM HYPERSONIC WEAPONS.
(a) Definition of Appropriate Committees of Congress.--In this section, the
term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on Foreign
Relations, and the Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
(3) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(b) Report.--Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence shall submit to the appropriate
committees of Congress a report containing an assessment of the threat to the
United States, and to allies and partners of the United States, from hypersonic
weapons in light of the use of such weapons by Russia in Ukraine.
(c) Elements.--The assessment under subsection (b) shall include the
following:
(1) The information learned by the United States regarding the
hypersonic weapons capabilities of Russia.
(2) Insights into the doctrine of Russia regarding the use of
hypersonic weapons.
(3) An assessment of how allies and partners of the United States
view the threat of hypersonic weapons.
(4) An assessment of the degree to which the development of missiles
with similar capabilities as hypersonic weapons used by Russia would
enhance or reduce the ability of the United States to deter Russia from
threatening the national security of the United States.
(d) Form.--The report under subsection (b) may be submitted in classified
form.
SEC. 6523. REPORT ON ORDNANCE OF RUSSIA AND CHINA.
(a) Requirement.--Not later than 180 days after the date of the enactment of
this Act, the Director of the Defense Intelligence Agency shall submit to the
congressional intelligence committees and the congressional defense committees a
report on ordnance of Russia and China, including the technical specificity
required for the safe handling and disposal of such ordnance.
(b) Coordination.--The Director shall carry out subsection (a) in
coordination with the head of any element of the Defense Intelligence Enterprise
that the Director determines appropriate.
(c) Definitions.--In this section:
(1) Congressional defense committees.--The term ``congressional
defense committees'' has the meaning given that term in section 101(a)
of title 10, United States Code.
(2) Defense intelligence enterprise.--The term ``Defense
Intelligence Enterprise'' has the meaning given that term in section
426(b) of title 10, United States Code.
SEC. 6524. REPORT ON ACTIVITIES OF CHINA AND RUSSIA TARGETING LATIN AMERICA AND
THE CARIBBEAN.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations, the Committee on
Armed Services, and the Subcommittee on Defense of the Committee
on Appropriations of the Senate; and
(C) the Committee on Foreign Affairs, the Committee on Armed
Services, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(2) Foreign malign influence.--The term ``foreign malign influence''
means any hostile effort undertaken by, at the direction of, or on
behalf of or with the substantial support of, the government of a
foreign country with the objective of influencing, through overt or
covert means--
(A) the political, military, economic, or other policies or
activities of the government of the country that is the target
of the hostile effort, including any election within such target
country; or
(B) the public opinion within such target country.
(3) Latin america and the caribbean.--The term ``Latin America and
the Caribbean'' means the countries and non-United States territories of
South America, Central America, the Caribbean, and Mexico.
(b) Report.--Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence, acting through the National
Intelligence Council and in coordination with the Secretary of State, shall
submit to the appropriate committees of Congress a report on activities
undertaken by China and Russia in Latin America and the Caribbean that are
intended to increase the influence of China and Russia, respectively, therein.
Such report shall include a description of the following:
(1) Foreign malign influence campaigns by China and Russia targeting
Latin America and the Caribbean.
(2) Financial investments intended to increase Chinese or Russian
influence in Latin America and the Caribbean.
(3) Efforts by China and Russia to expand diplomatic, military, or
other ties to Latin America and the Caribbean.
(4) Any other activities determined appropriate by the Director.
(c) Matters.--With respect to the description of foreign malign influence
campaigns under subsection (b), the report shall include an assessment of the
following:
(1) The objectives of any such campaign.
(2) The themes and messaging used in any such campaign.
(3) The scale and nature of the threat posed by any such campaign.
(4) The effect of such threat on the national security, diplomatic,
military, or economic interests of the United States.
(d) Form.--The report under subsection (b) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 6525. REPORT ON SUPPORT PROVIDED BY CHINA TO RUSSIA.
(a) Definition of Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on Banking,
Housing, and Urban Affairs, the Committee on Armed Services, and the
Subcommittee on Defense of the Committee on Appropriations of the
Senate; and
(3) the Committee on Foreign Affairs, the Committee on Financial
Services, the Committee on Armed Services, the Committee on Ways and
Means, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(b) Requirement.--Not later than 90 days after the date of the enactment of
this Act, and every 180 days thereafter, consistent with the protection of
intelligence sources and methods, the Director of National Intelligence, in
consultation with the heads of elements of the intelligence community that the
Director determines appropriate, shall submit to the appropriate congressional
committees a report on whether and how China, including with respect to the
Government of the People's Republic of China, the Chinese Communist Party, any
Chinese state-owned enterprise, and any other Chinese entity, has provided
support to Russia with respect to the unprovoked invasion of and full-scale war
by Russia against Ukraine.
(c) Matters Included.--The report under subsection (b) shall include a
discussion of support provided by China to Russia with respect to--
(1) helping the Government of Russia or Russian entities evade or
circumvent sanctions by the United States or multilateral sanctions and
export controls;
(2) deliberately inhibiting onsite United States Government export
control end-use checks, including interviews and investigations, in
China;
(3) providing Russia with any technology, including semiconductors
classified as EAR99, that supports Russian intelligence or military
capabilities;
(4) establishing economic or financial arrangements that will have
the effect of alleviating the effect of sanctions by the United States
or multilateral sanctions; and
(5) providing any material, technical, or logistical support,
including to Russian military or intelligence agencies and state-owned
or state-linked enterprises.
(d) Form.--The report under subsection (c) shall be submitted in
unclassified form, but may contain a classified annex.
(e) Sunset.--The requirement to submit the report under subsection (b) shall
terminate on the earlier of--
(1) the date on which the Director of National Intelligence
determines the conflict in Ukraine has ended; or
(2) the date that is 2 years after the date of the enactment of this
Act.
SEC. 6526. REPORT ON GLOBAL CCP FINANCING OF PORT INFRASTRUCTURE.
(a) Definition of Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on Foreign
Relations, and the Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
(3) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(b) In General.--Not later than 180 days after the date of the enactment of
this Act, the Director of National Intelligence, in consultation with the
Secretary of State and the Secretary of Defense, shall submit to the appropriate
congressional committees a report documenting all Chinese financing of port
infrastructure globally, during the period beginning on January 1, 2012, and
ending on the date of the submission of the report, and the commercial and
economic implications of such investments. The report shall also include the
following:
(1) A review of existing and potential or planned future Chinese
financing, including financing by government entities, and state-owned
enterprises, in port infrastructure at such ports.
(2) Any known Chinese interest in establishing a military or
intelligence presence at or near such ports.
(3) An assessment of China's current and potential future ability to
leverage commercial ports for military or intelligence collection
purposes and the implications of such ability for the national security
of the United States and allies and partners of the United States.
(4) A description of activities undertaken by the United States and
allies and partners of the United States to help identify and provide
alternatives to Chinese investments in port infrastructure.
(c) Form.--The report required by subsection (b) shall be submitted in
unclassified form but may include a classified annex produced consistent with
the protection of sources and methods.
SEC. 6527. SENSE OF CONGRESS ON PROVISION OF SUPPORT BY INTELLIGENCE COMMUNITY
FOR ATROCITY PREVENTION AND ACCOUNTABILITY.
(a) Definitions.--In this section:
(1) Atrocities.--The term ``atrocities'' has the meaning given that
term in section 6 of the Elie Wiesel Genocide and Atrocities Prevention
Act of 2018 (Public Law 115-441; 132 Stat. 5586).
(2) Atrocity crime scene.--The term ``atrocity crime scene'' means 1
or more locations that are relevant to the investigation of an atrocity,
including buildings or locations (including bodies of water) where
physical evidence may be collected relating to the perpetrators,
victims, and events of the atrocity, such as mass graves and other sites
containing deceased individuals.
(b) Sense of Congress.--It is the sense of Congress that the efforts of the
United States Government regarding atrocity prevention and response through
interagency coordination, such as the Atrocity Warning Task Force, are
critically important and that the Director of National Intelligence and the
Secretary of Defense should, as appropriate and in compliance with the American
Servicemembers' Protection Act of 2002 (22 U.S.C. 7421 et seq.), do the
following:
(1) Require each element of the intelligence community to support
the Atrocity Warning Task Force in its mission to prevent genocide and
atrocities through policy formulation and program development by--
(A) collecting and analyzing intelligence identified as an
atrocity, as defined in the Elie Wiesel Genocide and Atrocities
Prevention Act of 2018 (Public Law 115-441; 132 Stat. 5586);
(B) preparing unclassified intelligence data and geospatial
imagery products for coordination with appropriate domestic,
foreign, and international courts and tribunals prosecuting
persons responsible for crimes for which such imagery and
intelligence may provide evidence (including genocide, crimes
against humanity, and war crimes, including with respect to
missing persons and suspected atrocity crime scenes); and
(C) reassessing archived geospatial imagery containing
indicators of war crimes, other atrocities, forced
disappearances, and atrocity crime scenes.
(2) Continue to make available inputs to the Atrocity Warning Task
Force for the development of the Department of State Atrocity Early
Warning Assessment and share open-source data to support pre-atrocity
and genocide indicators and warnings to the Atrocity Warning Task Force.
(3) Provide the President and Congress with recommendations to
improve policies, programs, resources, and tools relating to atrocity
intelligence collection and interagency coordination.
(4) Regularly consult and participate with designated interagency
representatives of relevant agencies and departments of the United
States Government.
(5) Ensure resources are made available for the policies, programs,
and tools relating to atrocity intelligence collection and coordination
with the Atrocity Warning Task Force.
TITLE LXVI--INTELLIGENCE COMMUNITY WORKFORCE MATTERS
SEC. 6601. IMPROVING ONBOARDING OF PERSONNEL IN INTELLIGENCE COMMUNITY.
(a) Definition of Onboard Period.--In this section, the term ``onboard
period'' means the period beginning on the date on which an individual submits
an application for employment and ending on--
(1) the date on which the individual is offered one or more entrance
on duty dates; or
(2) the date on which the individual enters on duty.
(b) Policy Guidance.--The Director of National Intelligence shall establish
policy guidance appropriate for all elements of the intelligence community that
can be used to measure, consistently and reliably, the onboard period.
(c) Report.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Director shall submit to the congressional
intelligence committees, the Committee on Appropriations of the Senate,
and the Committee on Appropriations of the House of Representatives a
report on the time it takes to onboard personnel in the intelligence
community.
(2) Elements.--The report submitted under paragraph (1) shall cover
the mean and median time it takes to onboard personnel in the
intelligence community, disaggregated by mode of onboarding and element
of the intelligence community.
(d) Plan.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Director, in coordination with the heads of
the elements of the intelligence community, shall submit to the
congressional intelligence committees, the Committee on Appropriations
of the Senate, and the Committee on Appropriations of the House of
Representatives a plan to reduce the onboard period for personnel in the
intelligence community, for elements of the intelligence community that
currently have median onboarding times that exceed 180 days.
(2) Elements.--The plan submitted under paragraph (1) shall include
milestones to achieve certain specific goals with respect to the mean,
median, and mode time it takes to onboard personnel in the elements of
the intelligence community described in such paragraph, disaggregated by
element of the intelligence community.
(e) Implementation.--The heads of the elements of the intelligence
community, including the Director of the Central Intelligence Agency, shall
implement the plan submitted under subsection (d) and take all such actions each
head considers appropriate and necessary to ensure that by December 31, 2023,
the median duration of the onboard period for new employees at each element of
the intelligence community is equal to less than 180 days.
SEC. 6602. REPORT ON LEGISLATIVE ACTION REQUIRED TO IMPLEMENT TRUSTED WORKFORCE
2.0 INITIATIVE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Deputy Director for Management of the Office of
Management and Budget shall, in the Deputy Director's capacity as the Chair of
the Security, Suitability, and Credentialing Performance Accountability Council
pursuant to section 2.4 of Executive Order 13467 (50 U.S.C. 3161 note; relating
to reforming processes related to suitability for Government employment, fitness
for contractor employees, and eligibility for access to classified national
security information), submit to Congress a report on the legislative action
required to implement the Trusted Workforce 2.0 initiative.
(b) Contents.--The report submitted under subsection (a) shall include the
following:
(1) Specification of the statutes that require amendment in order to
implement the initiative described in subsection (a).
(2) For each statute specified under paragraph (1), an indication of
the priority for enactment of an amendment.
(3) For each statute specified under paragraph (1), a description of
the consequences if the statute is not amended.
SEC. 6603. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY ASSESSMENT OF
ADMINISTRATION OF POLYGRAPHS IN INTELLIGENCE COMMUNITY.
(a) Assessment Required.--The Inspector General of the Intelligence
Community shall conduct an assessment of the administration of polygraph
evaluations that are needed in the intelligence community to meet current annual
personnel hiring requirements.
(b) Elements.--The assessment completed under subsection (a) shall include
the following:
(1) Identification of the number of polygraphers currently available
at each element of the intelligence community to meet the requirements
described in subsection (a).
(2) If the demand described in subsection (a) cannot be met, an
identification of the number of polygraphers that would need to be hired
and certified to meet it.
(3) A review of the effectiveness of alternatives to the polygraph,
including methods being researched by the National Center for
Credibility Assessment.
(c) Briefing.--Not later than 180 days after the date of the enactment of
this Act, the Inspector General of the Intelligence Community shall brief the
congressional intelligence committees, the Committee on Appropriations of the
Senate, and the Committee on Appropriations of the House of Representatives on
the preliminary findings of the Inspector General with respect to the assessment
conducted pursuant to subsection (a).
(d) Report.--Not later than one year after the date of the enactment of this
Act, the Inspector General of the Intelligence Community shall submit to the
committees described in subsection (c) a report on the findings of the Inspector
General with respect to the assessment conducted pursuant to subsection (a).
SEC. 6604. TIMELINESS IN THE ADMINISTRATION OF POLYGRAPHS.
(a) Standards Required.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall, in
the Director's capacity as the Security Executive Agent pursuant to
section 803(a) of the National Security Act of 1947 (50 U.S.C.
3162a(a)), issue standards for timeliness for Federal agencies to
administer polygraphs conducted for the purpose of--
(A) adjudicating decisions regarding eligibility for access
to classified information (as defined in the procedures
established pursuant to section 801(a) of the National Security
Act of 1947 (50 U.S.C. 3161(a))); and
(B) granting reciprocity pursuant to Security Executive
Agent Directive 2, or successor directive.
(2) Publication.--The Director shall publish the standards issued
under paragraph (1) in the Federal Register or such other venue as the
Director considers appropriate.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to Congress a report on how
Federal agencies will comply with the standards issued under subsection (a).
Such plan shall specify the resources required by Federal agencies to comply
with such standards and the timeline for doing so.
SEC. 6605. POLICY ON SUBMITTAL OF APPLICATIONS FOR ACCESS TO CLASSIFIED
INFORMATION FOR CERTAIN PERSONNEL.
Not later than 180 days after the date of the enactment of this Act, the
Director of National Intelligence shall, in the Director's capacity as the
Security Executive Agent pursuant to section 803(a) of the National Security Act
of 1947 (50 U.S.C. 3162a(a)), issue a policy that allows a private person to
submit a certain number or proportion of applications, on a nonreimbursable
basis, for employee access to classified information for personnel who perform
key management and oversight functions who may not merit an application due to
their work under any one contract.
SEC. 6606. TECHNICAL CORRECTION REGARDING FEDERAL POLICY ON SHARING OF COVERED
INSIDER THREAT INFORMATION.
Section 806(b) of the Intelligence Authorization Act for Fiscal Year 2022
(Public Law 117-103) is amended by striking ``contracting agency'' and inserting
``contractor that employs the contractor employee''.
SEC. 6607. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY REPORT ON USE OF
SPACE CERTIFIED AS SENSITIVE COMPARTMENTED INFORMATION FACILITIES.
Not later than 180 days after the date of the enactment of this Act, the
Inspector General of the Intelligence Community shall submit to the
congressional intelligence committees a report on the utilization of space owned
or sponsored by an element of the intelligence community, located in the
continental United States, that is certified as a sensitive compartmented
information facility under intelligence community or Department of Defense
policy.
SEC. 6608. IMPROVING PROHIBITION OF CERTAIN PERSONNEL PRACTICES IN INTELLIGENCE
COMMUNITY WITH RESPECT TO CONTRACTOR EMPLOYEES.
Section 1104(c)(1)(A) of the National Security Act of 1947 (50 U.S.C.
3234(c)(1)(A)) is amended--
(1) by striking ``a supervisor of the contracting agency'' and
inserting ``a supervisor of the employing or contracting agency or
employing contractor'';
(2) by striking ``contracting agency (or an employee designated by
the head of that agency for such purpose)'' and inserting ``employing or
contracting agency (or an employee designated by the head of that agency
for that purpose) or employing contractor''; and
(3) by striking ``appropriate inspector general of the contracting
agency'' and inserting ``appropriate inspector general of the employing
or contracting agency''.
SEC. 6609. DEFINITIONS REGARDING WHISTLEBLOWER COMPLAINTS AND INFORMATION OF
URGENT CONCERN RECEIVED BY INSPECTORS GENERAL OF THE INTELLIGENCE
COMMUNITY.
(a) National Security Act of 1947.--Section 103H(k)(5)(G)(i)(I) of the
National Security Act of 1947 (50 U.S.C. 3033(k)(5)(G)(i)(I)) is amended by
striking ``within the'' and all that follows through ``policy matters.'' and
inserting the following: ``of the Federal Government that is--
``(aa) a matter of national
security; and
``(bb) not a difference of opinion
concerning public policy matters.''.
(b) Inspector General Act of 1978.--Section 8H(h)(1)(A)(i) of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended by striking ``involving'' and all
that follows through ``policy matters.'' and inserting the following: ``of the
Federal Government that is--
``(I) a matter of national security; and
``(II) not a difference of opinion
concerning public policy matters.''.
(c) Central Intelligence Agency Act of 1949.--Section 17(d)(5)(G)(i)(I)(aa)
of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(d)(5)(G)(i)(I)(aa)) is amended by striking ``involving'' and all that
follows through ``policy matters.'' and inserting the following: ``of the
Federal Government that is--
``(AA) a matter of national
security; and
``(BB) not a difference of
opinion concerning public policy
matters.''.
TITLE LXVII--MATTERS RELATING TO EMERGING TECHNOLOGIES
Subtitle A--General Matters
SEC. 6701. DEFINITIONS.
In this title:
(1) Artificial intelligence.--The term ``artificial intelligence''
has the meaning given that term in section 5002 of the National
Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
(2) Authorization to operate.--The term ``authorization to operate''
has the meaning given that term in Circular Number A-130 of the Office
of Management and Budget, ``Managing Information as a Strategic
Resource'', or any successor document.
(3) Code-free artificial intelligence enablement tools.--The term
``code-free artificial intelligence enablement tools'' means software
that provides an environment in which visual drag-and-drop applications,
or similar tools, allow one or more individuals to program applications
without linear coding.
(4) Commercial product.--The term ``commercial product'' has the
meaning given that term in section 103 of title 41, United States Code.
(5) Commercial service.--The term ``commercial service'' has the
meaning given that term in section 103a of title 41, United States Code.
(6) Covered item or service.--The term ``covered item or service''
means a product, system, or service that is not a commercially available
off-the-shelf item, a commercial service, or a nondevelopmental item, as
those terms are defined in title 41, United States Code.
(7) Covered product.--The term ``covered product'' means a
commercial software product that involves emerging technologies or
artificial intelligence.
(8) Emerging technology.--The term ``emerging technology'' means--
(A) technology that is in a developmental stage or that may
be developed during the 10-year period beginning on January 1,
2022; or
(B) any technology included in the Critical and Emerging
Technologies List published by the White House in February 2022,
or any successor document.
SEC. 6702. ADDITIONAL RESPONSIBILITIES OF DIRECTOR OF NATIONAL INTELLIGENCE FOR
ARTIFICIAL INTELLIGENCE POLICIES, STANDARDS, AND GUIDANCE FOR THE
INTELLIGENCE COMMUNITY.
(a) Responsibilities of Director of National Intelligence.--The Director of
National Intelligence, in consultation with the heads of the elements of the
intelligence community or the officials designated under subsection (b), shall--
(1) establish, and periodically conduct reviews of, policies,
standards, and procedures relating to the acquisition, adoption,
development, use, coordination, and maintenance of artificial
intelligence capabilities and associated data, frameworks, computing
environments, and other enablers by the intelligence community
(including by incorporating and updating such policies based on emerging
technology capabilities), to accelerate and increase the adoption of
artificial intelligence capabilities within the intelligence community;
(2) ensure policies established or updated pursuant to paragraph (1)
are consistent with--
(A) the principles outlined in the guidance of the Office of
the Director of National Intelligence titled ``Principles of
Artificial Intelligence Ethics for the Intelligence Community
and its Artificial Intelligence Ethics Framework for the
Intelligence Community'', or any successor guidance; and
(B) any other principles developed by the Director relating
to the governance, documentation, auditability, or evaluation of
artificial intelligence systems or the accurate, secure,
ethical, and reliable adoption or use of artificial
intelligence; and
(3) provide to the heads of the elements of the intelligence
community guidance for developing the National Intelligence Program
budget pertaining to such elements to facilitate the acquisition,
adoption, development, use, and maintenance of element-specific
artificial intelligence capabilities, and to ensure the associated data,
frameworks, computing environments, and other enablers are appropriately
prioritized.
(b) Designated Leads Within Each Element of the Intelligence Community.--
Each head of an element of the intelligence community, in coordination with the
Director of National Intelligence, shall identify a senior official within the
element to serve as the designated element lead responsible for overseeing and
coordinating efforts relating to artificial intelligence, including through the
integration of the acquisition, technology, human capital, and financial
management aspects necessary for the adoption of artificial intelligence
solutions. Such designated element leads shall meet regularly to consult and
coordinate with the Director of National Intelligence regarding the
implementation of this section and this title.
SEC. 6703. DIRECTOR OF SCIENCE AND TECHNOLOGY.
(a) Emerging Technology Adoption.--The Director of Science and Technology
may--
(1) conduct reviews of the policies, standards, and procedures of
the intelligence community that relate to emerging technologies and, as
appropriate, recommend to the Director of National Intelligence changes
to such policies, standards, and procedures, to accelerate and increase
the adoption of emerging technologies by the intelligence community;
(2) make recommendations, in coordination with the heads of the
elements of the intelligence community, to the Director of National
Intelligence with respect to the budgets of such elements, to accelerate
and increase the adoption of emerging technologies by such elements; and
(3) coordinate with the Under Secretary of Defense for Research and
Engineering on initiatives, policies, and programs carried out jointly
between the intelligence community and the Department of Defense to
accelerate and increase the adoption of emerging technologies.
(b) Appointment Criteria.--Section 103E(b) of the National Security Act of
1947 (50 U.S.C. 3030(b)) is amended by adding at the end the following: ``In
making such appointment, the Director of National Intelligence may give
preference to an individual with experience outside of the United States
Government.''.
SEC. 6704. INTELLIGENCE COMMUNITY CHIEF DATA OFFICER.
Title I of the National Security Act of 1947 (50 U.S.C. 3021 et seq.) is
amended by inserting after section 103J the following new section (and
conforming the table of contents at the beginning of such Act accordingly):
``SEC. 103K. INTELLIGENCE COMMUNITY CHIEF DATA OFFICER.
``(a) Intelligence Community Chief Data Officer.--There is an Intelligence
Community Chief Data Officer within the Office of the Director of National
Intelligence who shall be appointed by the Director of National Intelligence.
``(b) Requirement Relating to Appointment.--An individual appointed as the
Intelligence Community Chief Data Officer shall have a professional background
and experience appropriate for the duties of the Intelligence Community Chief
Data Officer. In making such appointment, the Director of National Intelligence
may give preference to an individual with experience outside of the United
States Government.
``(c) Duties.--The Intelligence Community Chief Data Officer shall--
``(1) act as the chief representative of the Director of National
Intelligence for data issues within the intelligence community;
``(2) coordinate, to the extent practicable and advisable, with the
Chief Data Officer of the Department of Defense to ensure consistent
data policies, standards, and procedures between the intelligence
community and the Department of Defense;
``(3) assist the Director of National Intelligence regarding data
elements of the budget of the Office of the Director of National
Intelligence; and
``(4) perform other such duties as may be prescribed by the Director
of National Intelligence or specified in law.''.
Subtitle B--Improvements Relating to Procurement
SEC. 6711. ADDITIONAL TRANSACTION AUTHORITY.
(a) Annual Reports; Feasibility and Advisability Study.--
(1) Reports.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter for 5 years, the Director of
National Intelligence shall submit to the congressional intelligence
committees, the Committee on Appropriations of the Senate, and the
Committee on Appropriations of the House of Representatives a report on
the use of the authority under paragraph (5) of section 102A(n) of the
National Security Act of 1947 (50 U.S.C. 3024(n)), as added by
subsection (b).
(2) Feasibility and advisability study.--
(A) Study.--The Director of National Intelligence shall
conduct a feasibility and advisability study on whether to
provide to the heads of the elements of the intelligence
community an additional transaction authority that is not
restricted only to basic, applied, and advanced research
projects and prototype projects (similar to such less
restrictive additional transaction authorities of the
Transportation Security Administration and the National
Aeronautics and Space Administration).
(B) Submission.--Not later than 1 year after the date of the
enactment of this Act, the Director shall submit to the
congressional intelligence committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives the findings of
the study conducted under subparagraph (A), including, if the
Director determines a less restrictive additional transaction
authority is advisable pursuant to such study, an identification
of any legislative solutions or other actions necessary to
implement such authority.
(b) Additional Transaction Authority.--Section 102A(n) of the National
Security Act of 1947 (50 U.S.C. 3024(n)) is amended by adding at the end the
following:
``(5) Other Transaction Authority.--
``(A) In general.--In addition to other acquisition authorities, the
Director of National Intelligence may exercise the acquisition
authorities referred to in sections 4021 and 4022 of title 10, United
States Code, subject to the provisions of this paragraph.
``(B) Delegation.--(i) The Director shall delegate the authorities
provided by subparagraph (A) to the heads of elements of the
intelligence community.
``(ii) The heads of elements of the intelligence community shall, to
the maximum extent practicable, delegate the authority delegated under
clause (i) to the official of the respective element of the intelligence
community responsible for decisions with respect to basic, applied, or
advanced research activities or the adoption of such activities within
such element.
``(C) Intelligence community authority.--(i) For purposes of this
paragraph, the limitation in section 4022(a)(1) of title 10, United
States Code, shall not apply to elements of the intelligence community.
``(ii) Subject to section 4022(a)(2) of such title, the Director may
enter into transactions and agreements (other than contracts,
cooperative agreements, and grants) of amounts not to exceed $75,000,000
under this paragraph to carry out basic, applied, and advanced research
projects and prototype projects in support of intelligence activities.
``(iii) For purposes of this paragraph, the limitations specified in
section 4022(a)(2) of such title shall apply to the intelligence
community in lieu of the Department of Defense, and the Director shall--
``(I) identify appropriate officials who can make the
determinations required in subparagraph (B)(i) of such section
for the intelligence community; and
``(II) brief the congressional intelligence committees, the
Subcommittee on Defense of the Committee on Appropriations of
the Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives in lieu of the
congressional defense committees, as specified in subparagraph
(B)(ii) of such section.
``(iv) For purposes of this paragraph, the limitation in section
4022(a)(3) of such title shall not apply to elements of the intelligence
community.
``(v) In carrying out this paragraph, section 4022(d)(1) of such
title shall be applied by substituting `Director of National
Intelligence' for `Secretary of Defense'.
``(vi) For purposes of this paragraph, the limitations in section
4022(d)(2) of such title shall not apply to elements of the intelligence
community.
``(vii) In addition to the follow-on production contract criteria in
section 4022(f)(2) of such title, the following additional criteria
shall apply:
``(I) The authorizing official of the relevant element of
the intelligence community determines that Government users of
the proposed production product or production service have been
consulted.
``(II) In the case of a proposed production product that is
software, there are mechanisms in place for Government users to
provide ongoing feedback to participants to the follow-on
production contract.
``(III) In the case of a proposed production product that is
software, there are mechanisms in place to promote the
interoperability and accessibility with and between Government
and commercial software providers, including by the promotion of
open application programming interfaces and requirement of
appropriate software documentation.
``(IV) The award follows a documented market analysis as
mandated by the Federal Acquisition Regulations surveying
available and comparable products.
``(V) In the case of a proposed production product that is
software, the follow-on production contract includes a
requirement that, for the duration of such contract (or such
other period of time as may be agreed to as a term of such
contract)--
``(aa) the participants provide the most up-to-date
version of the product that is available in the
commercial marketplace and is consistent with security
requirements;
``(bb) there are mechanisms in place for the
participants to provide timely updates to the production
product; and
``(cc) the authority specified in section 4022(f)(5)
of such title shall be exercised by the Director in lieu
of the Secretary of Defense.
``(D) Implementation policy.--The Director, in consultation with the
heads of the elements of the intelligence community, shall--
``(i) not later than 180 days after the date of the
enactment of the Intelligence Authorization Act for Fiscal Year
2023, establish and implement an intelligence community-wide
policy prescribing the use and limitations of the authority
under this paragraph, particularly with respect to the
application of subparagraphs (B) and (C);
``(ii) periodically review and update the policy established
under clause (i); and
``(iii) submit to the congressional intelligence committees,
the Committee on Appropriations of the Senate, and the Committee
on Appropriations of the House of Representatives the policy
when established under clause (i) or updated under clause (ii).
``(E) Annual report.--
``(i) In general.--Not less frequently than annually, the
Director shall submit to the congressional intelligence
committees, the Committee on Appropriations of the Senate, and
the Committee on Appropriations of the House of Representatives
a report detailing the use by the intelligence community of the
authority provided by this paragraph.
``(ii) Elements.--
``(I) Required elements.--Each report required by
clause (i) shall detail the following:
``(aa) The number of transactions.
``(bb) The participants to such
transactions.
``(cc) The purpose of the transaction.
``(dd) The amount of each transaction.
``(ee) Concerns with the efficiency of the
policy.
``(ff) Any recommendations for how to
improve the process.
``(II) Other elements.--Each report required by
clause (i) may describe such transactions which have
been awarded follow-on production contracts either
pursuant to the authority provided by this paragraph or
another acquisition authority available to the
intelligence community.''.
SEC. 6712. IMPLEMENTATION PLAN AND ADVISABILITY STUDY FOR OFFICES OF COMMERCIAL
INTEGRATION.
(a) Plan and Study.--
(1) Submission.--Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the heads of the elements of the intelligence
community, shall submit to the congressional intelligence committees,
the Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives--
(A) a plan for the establishment of a centralized office or
offices within each appropriate element of the intelligence
community, to be known as the ``Office of Commercial
Integration'', for the purpose of--
(i) assisting persons desiring to submit an offer
for a contract with the intelligence community; and
(ii) assisting with the procurement of commercial
products and commercial services; and
(B) the findings of a study conducted by the Director into
the advisability of implementing such plan, including an
assessment of--
(i) whether there should be a single Office of
Commercial Integration for the intelligence community or
whether each element of the intelligence community shall
establish such an Office;
(ii) the costs and benefits of the implementation of
such plan; and
(iii) whether there is within any element of the
intelligence community an existing office or program
similar to the proposed Office of Commercial
Integration.
(2) Elements.--The materials submitted under paragraph (1) shall
include the following:
(A) A recommendation by the Director, based on the findings
of the study under paragraph (1)(B), on--
(i) how the plan under paragraph (1)(A) compares to
specific alternative actions of the intelligence
community that could be taken to assist persons desiring
to submit an offer for a contract with the intelligence
community and assist with the procurement of commercial
products and commercial services; and
(ii) whether to implement such plan.
(B) A proposal for the designation of a senior official of
the Office of the Director of National Intelligence who would be
responsible for the coordination across the intelligence
community or across the Offices of Commercial Integration,
depending on the findings of the study under paragraph (1)(B).
(C) Draft guidelines that would require the coordination and
sharing of best practices and other information across the
intelligence community.
(D) A timeline of the steps that would be necessary to
establish each Office of Commercial Integration by the date that
is not later than 2 years after the date of the enactment of
this Act.
(E) An assessment of the personnel requirements, and any
other resource requirements, that would be necessary to
establish the Office or Offices of Commercial Integration by
such date, including--
(i) the amount of personnel necessary for the
establishment of the Office or Offices of Commercial
Integration; and
(ii) the necessary qualifications of any such
personnel.
(F) Policies regarding the types of assistance that, if an
Office or Offices of Commercial Integration were to be
established, could be provided to contractors by the Director of
such Office, taking into account the role of such assistance as
an incentive for emerging technology companies to enter into
contracts with the heads of the elements of the intelligence
community.
(G) Eligibility criteria for determining the types of
offerors or contractors that would be eligible to receive
assistance provided by each Office of Commercial Integration.
(H) Policies regarding outreach efforts that would be
required to be conducted by the Office or Offices of Commercial
Integration with respect to eligible contractors.
(I) Policies regarding how the intelligence community would
coordinate with the Director of the Federal Bureau of
Investigation to provide proactive counterintelligence risk
analysis and assistance to entities in the private sector.
(J) Draft guidelines that would require the Office or
Offices of Commercial Integration to appoint and assign
personnel with expertise in a range of disciplines necessary for
the accelerated integration of commercial technologies into the
intelligence community (as determined by the Office or Offices
of Commercial Integration), including expertise in the
following:
(i) Authorizations to operate.
(ii) Contracting.
(iii) Facility clearances.
(iv) Security clearances.
(K) Such other intelligence community-wide policies as the
Director of National Intelligence may prescribe relating to the
improvement of commercial integration (and the coordination of
such improvements) by and among the elements of the intelligence
community.
(b) Public Website on Commercial Integration.--
(1) Establishment.--Not later than 1 year after the date of the date
of enactment of this Act, the Director of National Intelligence, in
coordination with the head of the relevant elements of the intelligence
community (as determined by the Director) and the designated element
leads under section 6702(b), shall establish a publicly accessible
website that includes relevant information necessary for offerors or
contractors to conduct business with each element of the intelligence
community.
(2) Inclusion of certain information.--If there is established an
Office or Offices of Commercial Integration in accordance with
subsection (a), the website under paragraph (1) shall include--
(A) information, as appropriate, on the elements under
subsection (a)(2) relating to that Office; and
(B) contact information for the relevant senior officers of
the Office or Offices.
SEC. 6713. PILOT PROGRAM ON DESIGNATED EMERGING TECHNOLOGY TRANSITION PROJECTS.
(a) Pilot Program.--The Director of National Intelligence shall carry out a
pilot program to more effectively transition promising prototypes or products in
a developmental stage to a production stage, through designating eligible
projects as ``Emerging Technology Transition Projects''.
(b) Designation.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall issue
guidelines to implement the pilot program under subsection (a).
(2) Requirements.--The guidelines issued pursuant to paragraph (1)
shall include the following requirements:
(A) Each head of an element of the intelligence community
shall submit to the Director of National Intelligence a
prioritized list of not more than 10 eligible projects per year
to be considered for designation by the Director of National
Intelligence as Emerging Technology Transition Projects during
the budget formulation process.
(B) The Director of National Intelligence shall designate
not more than 10 eligible projects per year as Emerging
Technology Transition Projects.
(C) No eligible project may be designated by the Director of
National Intelligence as an Emerging Technology Transition
Project unless the head of an element of the intelligence
community includes the project in the prioritized list under
subparagraph (A) and submits to the Director of National
Intelligence, with respect to the project, each of the
following:
(i) A justification of why the product was nominated
for transition, including a description of the
importance of the proposed product to the mission of the
intelligence community and the nominating agency.
(ii) A certification that the project provides new
technologies or processes, or new applications of
existing technologies, that shall enable more effective
alternatives to existing programs, systems, or
initiatives of the intelligence community.
(iii) A certification that the project provides
future cost savings, significantly reduces the time to
deliver capabilities to the intelligence community, or
significantly improves a capability of the intelligence
community.
(iv) A certification that funding is not proposed
for the project in the budget request of the respective
covered element for the fiscal year following the fiscal
year in which the project is submitted for
consideration.
(v) A certification in writing by the nominating
head that the project meets all applicable criteria and
requirements of the respective covered element for
transition to production and that the nominating head
would fund the project if additional funds were made
available for such purpose.
(vi) A description of the means by which the
proposed production product shall be incorporated into
the activities and long-term budget of the respective
covered element following such transition.
(vii) A description of steps taken to ensure that
the use of the product shall reflect commercial best
practices, as applicable.
(D) A clear description of the selection of eligible
projects, including specific criteria, that shall include, at a
minimum, the requirements specified in subparagraph (C).
(E) The designation of an official responsible for
implementing this section and coordinating with the heads of the
elements of the intelligence community with respect to the
guidelines issued pursuant to paragraph (1) and overseeing the
awards of funds to Emerging Technology Transition Projects with
respect to that element.
(3) Revocation of designation.--The designation of an Emerging
Technology Transition Project under subsection (b) may be revoked at any
time by--
(A) the Director of National Intelligence; or
(B) the relevant head of a covered element of the
intelligence community that previously submitted a project under
subsection (b), in consultation with the Director of National
Intelligence.
(c) Benefits of Designation.--
(1) Inclusion in multiyear national intelligence program plan.--The
Director of National Intelligence shall include in the relevant
multiyear national intelligence program plan submitted to Congress under
section 1403 of the National Defense Authorization Act for Fiscal Year
1991 (50 U.S.C. 3301) the planned expenditures, if any, of each
designated project during the period of its designation.
(2) Inclusion under separate exhibit.--The heads of elements of the
intelligence community shall ensure that each designated project is
included in a separate budget exhibit in the relevant multiyear national
intelligence program plan submitted to Congress under such section 1403
of the National Defense Authorization Act for Fiscal Year 1991 (50
U.S.C. 3301) for the period of the designation of such project.
(3) Consideration in programming and budgeting.--Each designated
project shall be taken into consideration by the nominating head in the
programming and budgeting phases of the intelligence planning,
programming, budgeting, and evaluation process during the period of its
designation.
(d) Reports to Congress.--
(1) Annual reports.--On an annual basis for each fiscal year during
which the pilot program under subsection (a) is carried out,
concurrently with the submission of the budget of the President for that
fiscal year under section 1105(a) of title 31, United States Code, the
Director of National Intelligence shall submit to the congressional
intelligence committees and the Committees on Appropriations of the
House of Representatives and the Senate a report that includes the
following:
(A) A description of each designated project.
(B) A summary of the potential of each designated project,
as specified in subsection (b)(2)(C).
(C) For each designated project, a description of the
progress made toward delivering on such potential.
(D) A description of any funding proposed for the designated
project in the future-years intelligence program, including by
program, appropriation account, expenditure center, and project.
(E) Such other information on the status of such pilot
program as the Director considers appropriate.
(2) Final report.--In the final report submitted under paragraph (1)
prior to the date of termination under subsection (e), the Director of
National Intelligence shall include a recommendation on whether to
extend the pilot program under subsection (a) and the appropriate
duration of such extension, if any.
(e) Termination Date.--The authority to carry out the pilot program under
subsection (a) shall terminate on December 31, 2027.
(f) Definition of Covered Element of the Intelligence Community.--In this
section, the term ``covered element of the intelligence community'' means the
following:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The National Security Agency.
(4) The National Geospatial-Intelligence Agency.
(5) The National Reconnaissance Office.
(6) The Defense Intelligence Agency.
SEC. 6714. HARMONIZATION OF AUTHORIZATIONS TO OPERATE.
(a) Definition of Appropriate Committees of Congress.--In this section, the
term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Armed Services of the House of Representatives;
and
(5) the Committee on Appropriations of the House of Representatives.
(b) Protocol.--Not later than 180 days after the date of the enactment of
this Act, the Director of National Intelligence, in coordination with the
Secretary of Defense and the heads of the elements of the intelligence
community, shall develop and submit to the appropriate committees of Congress a
single protocol setting forth policies and procedures relating to authorizations
to operate for Department of Defense or intelligence community systems held by
industry providers.
(c) Limitation.--The protocol under subsection (b) shall be limited to
authorizations to operate for Department of Defense and intelligence community
systems.
(d) Elements.--The protocol under subsection (b) shall include, at a
minimum, the following:
(1) A policy for reciprocal recognition, as appropriate, among the
elements of the intelligence community and the Department of Defense of
authorizations to operate held by commercial providers. Such reciprocal
recognition shall be limited to authorizations to operate for systems
that collect, process, maintain, use, share, disseminate, or dispose of
data classified at an equal or lower classification level than the
original authorization.
(2) Procedures under which, subject to such criteria as may be
prescribed by the Director of National Intelligence jointly with the
Secretary of Defense, a provider that holds an authorization to operate
for a Department of Defense or intelligence community system may provide
to the head of an element of the intelligence community or the
Department of Defense the most recently updated version of any software,
data, or application for use on such system without being required to
submit an application for new or renewed authorization.
(3) Procedures for the review, renewal, and revocation of
authorizations to operate held by commercial providers, including
procedures for maintaining continuous authorizations to operate, subject
to such conditions as may be prescribed by the Director of National
Intelligence, in coordination with the Secretary of Defense. Such
procedures may encourage greater use of modern security practices
already being adopted by the Department of Defense and other Federal
agencies, such as continuous authorization with system security focused
on continuous monitoring of risk and security controls, active system
defense, and the use of an approved mechanism for secure and continuous
delivery of software (commonly referred to as ``DevSecOps'').
(4) A policy for the harmonization of documentation requirements for
commercial providers submitting applications for authorizations to
operate, with the goal of a uniform requirement across the Department of
Defense and the elements of the intelligence community (subject to
exceptions established by the Director and the Secretary). Such policy
shall include the following requirements:
(A) A requirement for the full disclosure of evidence in the
reciprocity process across the Department of Defense and the
elements of the intelligence community.
(B) With respect to a system with an existing authorization
to operate, a requirement for approval by the Chief Information
Officer or a designated official (as the head of the respective
element of the intelligence community determines appropriate)
for such system to operate at an equal or higher level
classification level, to be granted prior to the performance of
an additional security assessment with respect to such system,
and regardless of which element of the intelligence community or
Department of Defense granted the original authorization.
(5) A requirement to establish a joint secure portal of the Office
of the Director of National Intelligence and the Department of Defense
for the maintenance of records, applications, and system requirements
for authorizations to operate.
(6) A plan to examine, and if necessary, address, the shortage of
intelligence community and Department of Defense personnel authorized to
support and grant an authorization to operate. Such plan shall include--
(A) a report on the current average wait times for
authorizations to operate and backlogs, disaggregated by each
element of the intelligence community and the Department of
Defense;
(B) appropriate recommendations to increase pay or implement
other incentives to recruit and retain such personnel; and
(C) a plan to leverage independent third-party assessment
organizations to support assessments of applications for
authorizations to operate.
(7) Procedures to ensure data security and safety with respect to
the implementation of the protocol.
(8) A proposed timeline for the implementation of the protocol by
the deadline specified in subsection (g).
(e) Coordinating Officials.--Not later than 60 days after the date of the
enactment of this Act--
(1) the Director of National Intelligence shall designate an
official of the Office of the Director of National Intelligence
responsible for implementing this section on behalf of the Director and
leading coordination across the intelligence community for such
implementation;
(2) the Secretary of Defense shall designate an official of the
Department of Defense responsible for implementing this section on
behalf of the Secretary and leading coordination across the Department
of Defense for such implementation; and
(3) each head of an element of the intelligence community shall
designate an official of that element responsible for implementing this
section and overseeing implementation of the protocol under subsection
(b) with respect to the element.
(f) Documentation Requirements.--Under the protocol under subsection (b), no
head of a Federal agency may commence the operation of a system using an
authorization to operate granted by another Federal agency without possessing
documentation of the original authorization to operate.
(g) Implementation Required.--The protocol under subsection (b) shall be
implemented not later than January 1, 2025.
SEC. 6715. PLAN TO EXPAND SENSITIVE COMPARTMENTED INFORMATION FACILITY ACCESS BY
CERTAIN CONTRACTORS; REPORTS ON EXPANSION OF SECURITY CLEARANCES
FOR CERTAIN CONTRACTORS.
(a) Plan; Briefing.--
(1) In general.--Not later than 180 days after the date of the date
of enactment of this Act, the Director of National Intelligence, in
consultation with the Secretary of Defense and the heads of such other
elements of the intelligence community as the Director of National
Intelligence may determine appropriate, shall--
(A) develop a plan to expand access by contractors of small
emerging technology companies to sensitive compartmented
information facilities for the purpose of providing such
contractors with a facility to securely perform work; and
(B) provide to the congressional intelligence committees,
the Committee on Armed Services and the Committee on
Appropriations of the Senate, and the Committee on Armed
Services and the Committee on Appropriations of the House of
Representatives a briefing on such plan.
(2) Matters.--The plan under paragraph (1) shall include the
following:
(A) An overview of the existing sensitive compartmented
information facilities, if any, that may be available for the
purpose specified in paragraph (1).
(B) An assessment of the feasibility of building additional
sensitive compartmented information facilities for such purpose.
(C) An assessment of the relative costs and benefits of
repurposing existing, or building additional, sensitive
compartmented information facilities for such purpose.
(D) The eligibility criteria for determining which
contractors under this section may be granted access to
sensitive compartmented information facilities for such purpose.
(E) An estimate of the maximum number of contractors that
may be provided access to sensitive compartmented information
facilities for such purpose, taking into account the matters
specified in subparagraphs (A) and (B).
(F) Policies to ensure the efficient and narrow use of
sensitive compartmented information facilities for such purpose,
including a timeline for the length of such use by a contractor
under this section and a detailed description of the process to
terminate access to the sensitive compartmented information
facility by such contractor upon--
(i) the expiration of the contract or agreement of
the contractor; or
(ii) a determination that the contractor no longer
has a need for such access to fulfill the terms of such
contract or agreement.
(G) Pricing structures for the use of sensitive
compartmented information facilities by contractors for the
purpose specified in paragraph (1). Such pricing structures--
(i) may include free use (for the purpose of
incentivizing future contracts), with the potential for
pricing to increase dependent on the length of the
contract or agreement, the size of the contractor, and
the need for such use; and
(ii) shall ensure that the cumulative cost for a
contractor to rent and independently certify a sensitive
compartmented information facility for such purpose does
not exceed the market average for the Director of
National Intelligence or the Secretary of Defense to
build, certify, and maintain a sensitive compartmented
information facility.
(H) A security plan for vetting each contractor prior to the
access of a sensitive compartmented information facility by the
contractor for the purpose specified in paragraph (1), and an
assessment of potential security concerns regarding such access.
(I) A proposed timeline for the expansion of access to
sensitive compartmented information facilities in accordance
with paragraph (1).
(J) Such other matters as the Director of National
Intelligence or the Secretary of Defense considers relevant to
such expansion.
(b) Eligibility Criteria for Contractors.--Unless the Director of National
Intelligence determines the source of the financing of a contractor poses a
national security risk, such source of financing may not be taken into
consideration in making a determination as to the eligibility of the contractor
in accordance with subsection (a)(2)(D).
(c) Reports on Expansion of Security Clearances for Certain Contractors.--
(1) Reports.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for 3 years, the Director
of National Intelligence and the Secretary of Defense shall jointly
submit to the congressional intelligence committees, the Committee on
Armed Services of the Senate, and the Committee on Armed Services of the
House of Representatives a report on the extent to which security
clearance requirements delay, limit, or otherwise disincentivize
emerging technology companies from entering into contracts with the
United States Government.
(2) Matters.--Each report under paragraph (1) shall include the
following:
(A) Statistics on the periods of time between the submission
of applications for security clearances by employees of emerging
technology companies and the grant of such security clearances,
disaggregated by the size of the respective company.
(B) The number of security clearances granted to employees
of small emerging technology companies during the period covered
by the report.
(C) The number of applications for security clearances
submitted by employees of emerging technology companies that
have yet to be adjudicated as of the date on which the report is
submitted.
(D) A projection, for the year following the date on which
the report is submitted, of the number of security clearances
necessary for employees of emerging technology companies to
perform work on behalf of the intelligence community during such
year, and an assessment of the capacity of the intelligence
community to meet such demand.
(E) An identification of each occurrence, during the period
covered by the report, in which an emerging technology company
withdrew from or declined to accept a contract with the United
States Government on the sole basis of delays, limitations, or
other issues involving security clearances, and a description of
the types of business the United States Government has lost as a
result of such occurrences.
(F) Recommendations for expediting the grant of security
clearances to employees of emerging technology companies,
including with respect to any additional resources, authorities,
or personnel that the Director of National Intelligence
determines may be necessary for such expedition.
(3) Form.--Each report under paragraph (1) may be submitted in
classified form, but if so submitted shall include an unclassified
executive summary.
(d) Proposal Concurrent With Budget Submission.--At the time that the
President submits to Congress the budget for fiscal year 2024 pursuant to
section 1105 of title 31, United States Code, the Director of National
Intelligence shall submit to the congressional intelligence committees a
proposal to improve the capacity of the workforce responsible for the
investigation and adjudication of security clearances, with the goal of reducing
the period of time specified in subsection (c)(2)(A) to fewer than 60 days. Such
proposal shall include an identification of any resources the Director of
National Intelligence determines necessary to expand the number of individuals
authorized to conduct polygraphs on behalf of the intelligence community,
including by furnishing necessary training to such individuals.
(e) Applicability.--The plan, briefing, reports, and proposal required by
this section shall apply only with respect to the intelligence community and the
Department of Defense.
SEC. 6716. COMPLIANCE BY INTELLIGENCE COMMUNITY WITH REQUIREMENTS OF FEDERAL
ACQUISITION REGULATION RELATING TO COMMERCIALLY AVAILABLE OFF-THE-
SHELF ITEMS AND COMMERCIAL SERVICES.
(a) Compliance Policy.--
(1) Requirement.--Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence shall
implement a policy to ensure that each element of the intelligence
community complies with parts 10 and 12 of the Federal Acquisition
Regulation with respect to any Federal Acquisition Regulation-based
procurements.
(2) Elements.--The policy under paragraph (1) shall include the
following:
(A) Written criteria for an element of the intelligence
community to evaluate when a procurement of a covered item or
service is permissible, including--
(i) requiring the element to conduct an independent
market analysis to determine whether a commercially
available off-the-shelf item, nondevelopmental item, or
commercial service is viable; and
(ii) a description of the offeror for such covered
item or service and how the covered item or service to
be acquired will be integrated into existing systems of
the intelligence community.
(B) A detailed set of performance measures for the
acquisition personnel of the intelligence community that--
(i) prioritizes adherence to parts 10 and 12 of the
Federal Acquisition Regulation;
(ii) encourages acquisition of commercially
available off-the-shelf items, nondevelopmental items,
or commercial services; and
(iii) incentivizes such personnel of the
intelligence community that enter into contracts for
covered items or services only when necessary.
(3) Submission.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees, the Subcommittee on
Defense of the Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of the House
of Representatives--
(A) the policy developed pursuant to paragraph (1); and
(B) the plan to implement such policy by not later than 1
year after the date of such enactment.
(4) Market analysis.--In carrying out the independent market
analysis pursuant to paragraph (2)(A)(i), the Director may enter into a
contract with an independent market research group with qualifications
and expertise to find available commercial products or commercial
services to meet the needs of the intelligence community.
(b) Annual Reports.--
(1) Requirement.--Not later than 2 years after the date of the
enactment of this Act, and annually thereafter for 3 years, the
Director, in consultation with the head of each element of the
intelligence community, shall submit to the congressional intelligence
committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives a report on
the policy developed under subsection (a).
(2) Elements.--Each report under paragraph (1) shall include, with
respect to the period covered by the report, the following:
(A) An evaluation of the success of the policy, including
with respect to the progress the elements have made in complying
with parts 10 and 12 of the Federal Acquisition Regulation.
(B) A description of how any market analyses are conducted
pursuant to subsection (a)(2)(A)(i).
(C) Any recommendations to improve compliance with such
parts 10 and 12.
SEC. 6717. POLICY ON REQUIRED USER ADOPTION METRICS IN CERTAIN CONTRACTS FOR
ARTIFICIAL INTELLIGENCE AND EMERGING TECHNOLOGY SOFTWARE PRODUCTS.
(a) Policy.--Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence shall establish a policy regarding
user adoption metrics for contracts and other agreements for the procurement of
covered products as follows:
(1) With respect to a contract or other agreement entered into
between the head of an element of the intelligence community and a
commercial provider for the procurement of a covered product for users
within the intelligence community, a requirement that each such contract
or other agreement include, as a term of the contract or agreement, an
understanding of the anticipated use of the covered product with a clear
metric for success and for collecting user adoption metrics, as
appropriate, for assessing the adoption of the covered product by such
users.
(2) Such exceptions to the requirements under paragraph (1) as may
be determined appropriate pursuant to guidance established by the
Director of National Intelligence.
(3) A requirement that prior to the procurement of, or the
continuation of the use of, any covered product procured by the head of
an element of the intelligence community, the head has determined a
method for assessing the success of the covered product from user
adoption metrics.
(b) Submission.--Not later than 60 days after the date on which the policy
under subsection (a) is established, the Director of National Intelligence shall
submit to the congressional intelligence committees, the Subcommittee on Defense
of the Committee on Appropriations of the Senate, and the Subcommittee on
Defense of the Committee on Appropriations of the House of Representatives such
policy.
SEC. 6718. CERTIFICATION RELATING TO INFORMATION TECHNOLOGY AND SOFTWARE
SYSTEMS.
(a) Certifications Required.--Prior to the date on which the head of an
element of the intelligence community enters into, renews, or extends a contract
for the acquisition of an information technology or software system, the head
shall certify to the Director of National Intelligence the following:
(1) That the information technology or software system is the most
up-to-date version of the system available or, if it is not, why a more
out of date version was chosen.
(2) That the information technology or software system is compatible
with integrating new and emerging technologies, such as artificial
intelligence.
(3) That the information technology or software system was
thoroughly reviewed and alternative products are not superior to meet
the requirements of the element.
(b) Exemption.--The Director of National Intelligence may exempt elements of
the intelligence community, as appropriate, from the requirements under (a) if
meeting such requirements may pose security or operational risks.
(c) Guidance.--The Director shall issue to the heads of the elements of the
intelligence community, and submit to the congressional intelligence committees,
the Subcommittee on Defense of the Committee on Appropriations of the Senate,
and the Subcommittee on Defense of the Committee on Appropriations of the House
of Representatives, guidance to--
(1) establish guidelines that the heads of the relevant elements of
the intelligence community shall use to evaluate the criteria required
for the certifications under subsection (a);
(2) incentivize each such head to adopt and integrate new and
emerging technology within information technology and software systems
of the element and to decommission and replace outdated systems,
including through potential funding enhancements; and
(3) incentivize, and hold accountable, personnel of the intelligence
community with respect to the integration of new and emerging technology
within such systems, including through the provision of appropriate
training programs and evaluations.
Subtitle C--Reports
SEC. 6721. REPORTS ON INTEGRATION OF ARTIFICIAL INTELLIGENCE WITHIN INTELLIGENCE
COMMUNITY.
(a) Reports by Elements of Intelligence Community.--Not later than 180 days
after the date of the enactment of this Act, each senior official within an
element of the intelligence community identified as a designated element lead
pursuant to section 6702(b) shall submit to the congressional intelligence
committees, the Subcommittee on Defense of the Committee on Appropriations of
the Senate, and the Subcommittee on Defense of the Committee on Appropriations
of the House of Representatives a report on the efforts of that element to
develop, acquire, adopt, and maintain artificial intelligence to improve
intelligence collection and analysis and optimize internal work flows. Each such
report shall include the following:
(1) A description of the authorities of the element relating to the
use of artificial intelligence.
(2) A list of any resource or authority necessary to accelerate the
adoption by the element of artificial intelligence solutions, including
commercial products, or personnel authorities.
(3) A description of the element's roles, responsibilities, and
authorities for accelerating the adoption by the element of artificial
intelligence solutions.
(4) The application of the policies and principles described in
section 6702(a)(2) to paragraphs (1), (2), and (3).
(b) Audits by Inspectors General.--
(1) Audits.--Not later than 2 years after the date of the enactment
of this Act, each inspector general with oversight responsibility for an
element of the intelligence community shall conduct and audit, and brief
congressional intelligence committees, the Subcommittee on Defense of
the Committee on Appropriations of the Senate, and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives the findings of the audit, to evaluate the following:
(A) The efforts of such element to develop, acquire, adopt,
and maintain artificial intelligence capabilities for the
purpose of improving intelligence collection and analysis in a
timely manner and the extent to which such efforts are
consistent with the policies and principles described in section
6702(a)(2);
(B) The degree to which the element has implemented each of
the provisions of this title.
(C) Any administrative or technical barriers to the
accelerated adoption of artificial intelligence by such element.
(2) Input required.--The results of each audit under paragraph (1)
shall be disaggregated by, and include input from, organizational units
of the respective element of the intelligence community that focus on
the following:
(A) Acquisitions and contracting.
(B) Personnel and workforce matters.
(C) Financial management and budgeting.
(D) Operations and capabilities.
(3) Audit of office of director of national intelligence.--With
respect to the audit of the Office of the Director of National
Intelligence conducted by the Inspector General of the Intelligence
Community under paragraph (1), the Inspector General shall also audit
the extent to which the Director of National Intelligence coordinates
across the intelligence community for the purpose of ensuring the
adoption of best practices, the use of shared contracting vehicles for
products and services that meet common requirements, the sharing of
information, and the efficient use of resources, relating to artificial
intelligence.
(c) Annual Report by Director of National Intelligence.--
(1) Reports.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter for 3 years, the Director of
National Intelligence, in consultation with the heads of the elements of
the intelligence community, shall submit to the congressional
intelligence committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives a report on
the progress of the adoption of artificial intelligence within the
intelligence community.
(2) Matters.--Each report under paragraph (1) shall include, with
respect to the year covered by the report, the following:
(A) A detailed description of the progress of each element
of the intelligence community in the adoption and maintenance of
artificial intelligence during such year, including a detailed
description of any--
(i) artificial intelligence programs or systems
adopted by the element;
(ii) contracts entered into by the head of the
element with small- or medium-sized emerging technology
companies for commercial products involving artificial
intelligence; and
(iii) relevant positions established or filled
within the element.
(B) A description of any policies of the intelligence
community issued during such year that relate to the adoption of
artificial intelligence within the intelligence community,
including an assessment of the compliance with such policies by
the elements of the intelligence community.
(C) A list of recommendations for the efficient,
accelerated, and comprehensive adoption of artificial
intelligence across the intelligence community during the year
following the year covered by the report, including any
technological advances in artificial intelligence that the
intelligence community should leverage from industry actors.
(D) An overview of the advances of foreign adversaries in
the field of artificial intelligence, and steps that may be
taken to ensure the United States Government outpaces foreign
adversaries in such field.
(E) Any gaps in resource or authorities, or other
administrative or technical barriers, to the adoption of
artificial intelligence by the intelligence community.
(F) Such other matters as the Director may determine
appropriate.
(3) Form.--Each report under paragraph (1) may be submitted in
classified form.
(4) Entry by chief data officer.--Each report under paragraph (1)
shall include an entry by the Intelligence Community Chief Data Officer
that addresses each of the matters specified in paragraph (2) with
respect to the organization of data for the accelerated adoption of
artificial intelligence solutions.
SEC. 6722. REPORT ON POTENTIAL BENEFITS OF ESTABLISHMENT OF ICWERX.
(a) Report.--Not later than 180 days after the date of enactment of this
Act, the Director of National Intelligence, in coordination with the Director of
the Central Intelligence Agency and the Director of the National Security
Agency, shall submit to the congressional intelligence committees, the
Subcommittee on Defense of the Committee on Appropriations of the Senate, and
the Subcommittee on Defense of the Committee on Appropriations of the House of
Representatives an assessment of whether the intelligence community would
benefit from the establishment of a new organization to be known as ``ICWERX'',
the mission and activities of which would incorporate lessons learned from
AFWERX of the Air Force (or such successor program), the Defense Innovation Unit
of the Department of Defense, In-Q-Tel, and other programs sponsored by the
Federal Government with a focus on accelerating the adoption of emerging
technologies for mission-relevant applications or innovation.
(b) Elements.--The report under subsection (a) shall include the following:
(1) A review of the existing avenues for small- and medium-sized
emerging technology companies to provide to the intelligence community
artificial intelligence or other technology solutions, including an
identification, for each of the 5 years preceding the year in which the
report is submitted, of the annual number of such companies that have
provided the intelligence community with such solutions.
(2) A review of the existing processes by which the heads of the
elements of the intelligence community acquire and transition commercial
research of small- and medium-sized emerging technology companies in a
prototype or other early developmental stage.
(3) An assessment of--
(A) whether the intelligence community is currently postured
to incorporate the technological innovations of emerging
technology companies, including in software and hardware; and
(B) any areas in which the intelligence community lacks
resources, authorities, personnel, expertise, or institutional
mechanisms necessary for such incorporation.
(4) An assessment of whether a potential ICWERX would be positioned
to--
(A) assist small emerging technology companies, and
potentially medium-sized emerging technology companies, in
accelerating the procurement and fielding of innovative
technologies; and
(B) provide the intelligence community with greater access
to innovative companies at the forefront of emerging
technologies.
(5) An assessment of the potential costs and benefits associated
with the establishment of ICWERX in accordance with subsection (a).
SEC. 6723. REQUIREMENTS AND REPORT ON WORKFORCE NEEDS OF INTELLIGENCE COMMUNITY
RELATING TO SCIENCE, TECHNOLOGY, ENGINEERING, AND MATH, AND
RELATED AREAS.
(a) Requirements.--The Director of National Intelligence, in coordination
with the heads of human capital from each element of the intelligence community,
shall--
(1) develop a plan for the recruitment and retention of personnel to
positions the primary duties of which involve the integration,
maintenance, or use of artificial intelligence (and the retention and
training of personnel serving in such positions), including with respect
to the authorities and requirements under section 6732(b);
(2) develop a plan for the review and evaluation, on a continuous
basis, of the expertise necessary to accelerate the adoption of
artificial intelligence and other emerging technology solutions; and
(3) coordinate and share information and best practices relating to
such recruitment and retention within the element and across the
intelligence community.
(b) Report.--
(1) Submission.--Not later than January 1, 2024, the Director of
National Intelligence, in coordination with heads of human capital from
each element of the intelligence community, shall submit to the
congressional intelligence committees, the Subcommittee on Defense of
the Committee on Appropriations of the Senate, and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives a single report on the workforce needs of each element
of the intelligence community relating to emerging technologies, with a
specific focus on artificial intelligence.
(2) Elements.--The report under paragraph (1) shall include, with
respect to each element of the intelligence community, the following:
(A) A description of the number and types of personnel in
work roles whose primary official duties include artificial
intelligence responsibilities.
(B) A detailed description of the plans for each element
developed pursuant to subsection (a).
(3) Other matters.--The report under paragraph (1) shall also
include an assessment of the quality and sustainability of the talent
pipeline of the intelligence community with respect to talent in
emerging technologies, including artificial intelligence. Such
assessment shall include the following:
(A) A description of the education, recruitment, and
retention programs (including skills-based training and career
and technical educational programs) available to personnel of
the intelligence community, regardless of whether such programs
are administered by the head of an element of the intelligence
community or the head of another Federal department or agency,
and an analysis of how such programs support the quality and
sustainability of such talent pipeline.
(B) A description of the relevant authorities available to
the heads of the elements of the intelligence community to
promote the quality and sustainability of such talent pipeline.
(C) An assessment of any gaps in authorities, resources,
recruitment or retention incentives, skills-based training, or
educational programs, that may negatively affect the quality or
sustainability of such talent pipeline.
(4) Form.--The report under paragraph (1) shall be submitted in
classified or unclassified form, as appropriate.
(c) Information Access.--The heads of the elements of the intelligence
community shall furnish to the Director of National Intelligence such
information as may be necessary for the development of the report under
subsection (b).
Subtitle D--Talent, Education, and Training
SEC. 6731. REPORT ON ESTABLISHMENT OF TECHNOLOGY ACQUISITION CADRE.
(a) Report.--Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence shall submit to the congressional
intelligence committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives a report containing a
feasibility and advisability study on establishing a cadre of personnel who are
experts in emerging technologies, software development, systems integration, and
acquisition, to improve the adoption of commercial solutions for emerging
technologies across the intelligence community, particularly as the technologies
relate to artificial intelligence.
(b) Elements.--The study under subsection (a) shall include the following:
(1) An examination regarding whether a cadre of personnel described
in subsection (a) would be an effective and efficient means to
substantially improve and accelerate the adoption of commercial
artificial intelligence and other emerging technology products and
services in support of the missions of the intelligence community if the
cadre has the capacity and relevant expertise to--
(A) accelerate the adoption of emerging technologies,
including with respect to artificial intelligence;
(B) assist with software development and acquisition; and
(C) develop training requirements for acquisition
professionals within the elements of the intelligence community.
(2) An assessment of--
(A) whether the establishment of the cadre would require
additional statutory authorities or resources, including to
recruit, hire, and retain the talent and expertise needed to
establish the cadre;
(B) the benefits, costs, and risks associated with the
establishment of a cadre;
(C) a recommendation on whether to establish the cadre; and
(D) if a recommendation to establish the cadre is made, a
plan for implementation of the cadre, including the proposed
size of the cadre, how the cadre would be resourced, managed,
and organized, and whether the cadre should be centrally managed
or reside at individual elements of the intelligence community.
SEC. 6732. EMERGING TECHNOLOGY EDUCATION AND TRAINING.
(a) Training Curriculum.--
(1) Requirement.--No later than 270 days after the date of the
enactment of this Act, the Director of National Intelligence and the
Secretary of Defense, in consultation with the President of the Defense
Acquisition University and the heads of the elements of the intelligence
community that the Director and Secretary determine appropriate, shall
jointly establish a training curriculum for members of the acquisition
workforce in the Department of Defense (as defined in section 101 of
title 10, United States Code) and the acquisition officials within the
intelligence community focused on improving the understanding and
awareness of contracting authorities and procedures for the acquisition
of emerging technologies.
(2) Provision of training.--The Director shall ensure that the
training curriculum under paragraph (1) is made available to each
element of the intelligence community not later than 60 days after the
completion of the curriculum.
(3) Report.--Not later than January 1, 2024, the Director and
Secretary shall jointly submit to the congressional intelligence
committees, the Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the Senate, and the
Committee on Armed Services and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives a report
containing an update on the status of the curriculum under paragraph
(1).
(b) Agreements Officers.--Not later than October 1, 2024, the Director of
National Intelligence shall ensure that at least 75 percent of the contracting
staff within the intelligence community whose primary responsibilities include
the acquisition of emerging technologies shall have received the appropriate
training to become warranted as agreements officers who are given authority to
execute and administer the transactions authorized by paragraph (5) of section
102A(n) of the National Security Act of 1947 (50 U.S.C. 3024(n)), as added by
section 6711. The training shall include--
(1) the appropriate courses offered by the Defense Acquisition
University;
(2) the training curriculum established under subsection (a); and
(3) best practices for monitoring, identifying, and procuring
emerging technologies with potential benefit to the intelligence
community, including commercial services and products.
(c) Establishment of Emerging Technology Training Activities.--
(1) Requirement.--Not later than January 1, 2024, the Director of
National Intelligence, in coordination with the heads of the elements of
the intelligence community that the Director determines relevant, shall
establish and implement training activities designed for appropriate
mid-career and senior managers across the intelligence community to
train the managers on how to identify, acquire, implement, and manage
emerging technologies as such technologies may be applied to the
intelligence community.
(2) Certification.--Not later than 2 years after the date on which
the Director establishes the training activities under paragraph (1),
each head of an element of the intelligence community shall certify to
the Director whether the managers of the element described in paragraph
(1) have successfully completed the education activities.
(3) Briefing.--Not later than January 1, 2024, the Director of
National Intelligence shall provide to the congressional intelligence
committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives a briefing
regarding the training activities established under paragraph (1),
including--
(A) an overview of--
(i) the managers described in paragraph (1) who
participated in the training activities; and
(ii) what technologies were included in the training
activities; and
(B) an identification of other incentives, activities,
resources, or programs the Director determines may be necessary
to ensure the managers are generally trained in the most
emerging technologies and able to retain and incorporate such
technologies across the intelligence community.
Subtitle E--Other Matters
SEC. 6741. IMPROVEMENTS TO USE OF COMMERCIAL SOFTWARE PRODUCTS.
(a) Policy Regarding Procurement of Commercial Software Products.--Not later
than 1 year after the date of the enactment of this Act, the Director of
National Intelligence, in consultation with the heads of the elements of the
intelligence community and appropriate nongovernmental experts that the Director
determines relevant, shall issue an intelligence community-wide policy to ensure
the procurement of commercial software products by the intelligence community is
carried out--
(1) using, to the extent practicable, standardized terminology; and
(2) in accordance with acquisition and operation best practices
reflecting modern software as a service capabilities.
(b) Elements.--The policy issued under subsection (a) shall include the
following:
(1) Guidelines for the heads of the elements of the intelligence
community to determine which contracts for commercial software products
are covered by the policy, including with respect to agreements,
authorizations to operate, and other acquisition activities.
(2) Guidelines for using standardized terms in such contracts,
modeled after commercial best practices, including common procedures and
language regarding--
(A) terms for the responsible party and timelines for system
integration under the contract;
(B) a mechanism included in each contract to ensure the
ability of the vendor to provide, and the United States
Government to receive, continuous updates and version control
for the software, subject to appropriate security
considerations;
(C) automatic technological mechanisms for security and data
validation, including security protocols that are predicated on
commercial best practices; and
(D) procedures to provide incentives, and a technical
framework, for system integration for new commercial software
solutions to fit within existing workflows and information
technology infrastructure.
(3) Guidelines and a timeline for enforcing the policy.
(c) Report.--Not later than January 1, 2025, and annually thereafter through
2028, the Director of National Intelligence, in coordination with the heads of
the elements of the intelligence community, shall submit to the congressional
intelligence committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives a report on the policy issued
under subsection (a), including the following with respect to the period covered
by the report:
(1) An evaluation of compliance with such policy by each of the
elements of the intelligence community.
(2) Additional recommendations to better coordinate system
integration throughout the intelligence community using best practices.
SEC. 6742. CODE-FREE ARTIFICIAL INTELLIGENCE ENABLEMENT TOOLS POLICY.
(a) Draft Policy.--Not later than 1 year after the date of the enactment of
this Act, the Director of National Intelligence, in consultation with the
Director of the Central Intelligence Agency, the Director of the National
Security Agency, the Director of the National Reconnaissance Office, the
Director of the National Geospatial-Intelligence Agency, and the Director of the
Defense Intelligence Agency, and any additional heads of the elements of the
intelligence community that the Director of National Intelligence determines
appropriate, shall draft a potential policy to promote the intelligence
community-wide use of code-free artificial intelligence enablement tools.
(b) Elements.--The draft policy under subsection (a) shall include the
following:
(1) The objective for the use by the intelligence community of code-
free artificial intelligence enablement tools.
(2) A detailed set of incentives for using code-free artificial
intelligence enablement tools.
(3) A plan to ensure coordination throughout the intelligence
community, including consideration of designating an official of each
element of the intelligence community to oversee implementation of the
policy and such coordination.
(c) Submission.--Not later than 180 days after the date of the enactment of
this Act, the Director of National Intelligence shall submit to the
congressional intelligence committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee on Defense of
the Committee on Appropriations of the House of Representatives the following:
(1) The draft policy under subsection (a).
(2) A recommendation regarding the feasibility and advisability of
implementing the draft policy, including an assessment of the costs and
advantages and disadvantages of such implementation.
(3) An assessment of whether any element of the intelligence
community already has a similar existing policy.
(4) A specific plan and timeline of the steps that would be
necessary to implement the draft policy.
(5) An assessment of the personnel requirements, budget
requirements, and any other resource requirements, that would be
necessary to implement the draft policy in the timeline identified in
paragraph (4).
TITLE LXVIII--OTHER MATTERS
SEC. 6801. IMPROVEMENTS RELATING TO CONTINUITY OF PRIVACY AND CIVIL LIBERTIES
OVERSIGHT BOARD MEMBERSHIP.
Paragraph (4) of section 1061(h) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C. 2000ee(h)) is amended to read as follows:
``(4) Term.--
``(A) Commencement.--Each member of the Board shall serve a
term of 6 years, commencing on the date of the appointment of
the member to the Board.
``(B) Reappointment.--A member may be reappointed to one or
more additional terms.
``(C) Vacancy.--A vacancy on the Board shall be filled in
the manner in which the original appointment was made.
``(D) Extension.--Upon the expiration of the term of office
of a member, the member may continue to serve for up to one year
after the date of expiration, at the election of the member--
``(i) during the period preceding the reappointment
of the member pursuant to subparagraph (B); or
``(ii) until the member's successor has been
appointed and qualified.''.
SEC. 6802. MODIFICATION OF REQUIREMENT FOR OFFICE TO ADDRESS UNIDENTIFIED
ANOMALOUS PHENOMENA.
(a) In General.--Section 1683 of the National Defense Authorization Act for
Fiscal Year 2022 (50 U.S.C. 3373), as amended by title XVI of this Act, is
amended to read as follows:
``SEC. 1683. ESTABLISHMENT OF ALL-DOMAIN ANOMALY RESOLUTION OFFICE.
``(a) Establishment of Office.--
``(1) In general.--Not later than 120 days after the date of the
enactment of the Intelligence Authorization Act for Fiscal Year 2023,
the Secretary of Defense, in coordination with the Director of National
Intelligence, shall establish an office within a component of the Office
of the Secretary of Defense, or within a joint organization of the
Department of Defense and the Office of the Director of National
Intelligence, to carry out the duties of the Unidentified Aerial
Phenomena Task Force, as in effect on December 26, 2021, and such other
duties as are required by this section, including those pertaining to
unidentified anomalous phenomena.
``(2) Designation.--The office established under paragraph (1) shall
be known as the `All-domain Anomaly Resolution Office' (in this section
referred to as the `Office').
``(b) Director and Deputy Director of the Office.--
``(1) Appointment of director.--The head of the Office shall be the
Director of the All-domain Anomaly Resolution Office (in this section
referred to as the `Director of the Office'), who shall be appointed by
the Secretary of Defense in consultation with the Director of National
Intelligence.
``(2) Appointment of deputy director.--The Deputy Director of the
Office shall be appointed by the Director of National Intelligence in
coordination with the Secretary of Defense.
``(3) Reporting.--
``(A) In general.--The Director of the Office shall report
directly to the Deputy Secretary of Defense and the Principal
Deputy Director of National Intelligence.
``(B) Administrative and operational and security matters.--
The Director of the Office shall report--
``(i) to the Under Secretary of Defense for
Intelligence and Security on all administrative matters
of the Office; and
``(ii) to the Deputy Secretary of Defense and the
Principal Deputy Director of National Intelligence on
all operational and security matters of the Office.
``(c) Duties.--The duties of the Office shall include the following:
``(1) Developing procedures to synchronize and standardize the
collection, reporting, and analysis of incidents, including adverse
physiological effects, regarding unidentified anomalous phenomena across
the Department of Defense and the intelligence community, in
coordination with the Director of National Intelligence, which shall be
provided to the congressional defense committees, the congressional
intelligence committees, and congressional leadership.
``(2) Developing processes and procedures to ensure that such
incidents from each component of the Department and each element of the
intelligence community are reported and stored in an appropriate manner
that allows for the integration of analysis of such information.
``(3) Establishing procedures to require the timely and consistent
reporting of such incidents.
``(4) Evaluating links between unidentified anomalous phenomena and
adversarial foreign governments, other foreign governments, or nonstate
actors.
``(5) Evaluating the threat that such incidents present to the
United States.
``(6) Coordinating with other departments and agencies of the
Federal Government, as appropriate, including the Federal Aviation
Administration, the National Aeronautics and Space Administration, the
Department of Homeland Security, the National Oceanic and Atmospheric
Administration, the National Science Foundation, and the Department of
Energy.
``(7) As appropriate, and in coordination with the Secretary of
State, the Secretary of Defense, and the Director of National
Intelligence, consulting with allies and partners of the United States
to better assess the nature and extent of unidentified anomalous
phenomena.
``(8) Preparing reports for Congress, in both classified and
unclassified form, including under subsection (j).
``(d) Response to and Field Investigations of Unidentified Anomalous
Phenomena.--
``(1) Designation.--The Secretary of Defense and the Director of
National Intelligence shall jointly designate from within their
respective organizations an official, to be under the direction of the
Director of the Office, responsible for ensuring the appropriate
expertise, authorities, accesses, data, systems, platforms, and
capabilities are available for the rapid response to, and support for,
the conduct of field investigations of incidents involving unidentified
anomalous phenomena.
``(2) Ability to respond.--The Secretary of Defense and the Director
of National Intelligence shall ensure field investigations are supported
by personnel with the requisite expertise, equipment, transportation,
and other resources necessary to respond rapidly to incidents or
patterns of observations involving unidentified anomalous phenomena.
``(e) Scientific, Technological, and Operational Analyses of Data on
Unidentified Anomalous Phenomena.--
``(1) Designation.--The Secretary of Defense, in coordination with
the Director of National Intelligence, shall designate one or more line
organizations that will be primarily responsible for scientific,
technical, and operational analysis of data gathered by field
investigations conducted pursuant to subsection (d) and data from other
sources, including with respect to the testing of materials, medical
studies, and development of theoretical models, to better understand and
explain unidentified anomalous phenomena.
``(2) Authority.--The Secretary of Defense and the Director of
National Intelligence shall each issue such directives as are necessary
to ensure that each line organization designated under paragraph (1) has
authority to draw on the special expertise of persons outside the
Federal Government with appropriate security clearances.
``(f) Data; Intelligence Collection.--
``(1) Availability of data and reporting on unidentified anomalous
phenomena.--
``(A) Availability of data.--The Director of National
Intelligence, in coordination with the Secretary of Defense,
shall ensure that each element of the intelligence community
with data relating to unidentified anomalous phenomena makes
such data available immediately to the Office.
``(B) Reporting.--The Director of National Intelligence and
the Secretary of Defense shall each, in coordination with one
another, ensure that military and civilian personnel of the
Department of Defense or an element of the intelligence
community, and contractor personnel of the Department or such an
element, have access to procedures by which the personnel shall
report incidents or information, including adverse physiological
effects, involving or associated with unidentified anomalous
phenomena directly to the Office.
``(2) Intelligence collection and analysis plan.--The Director of
the Office, acting in coordination with the Secretary of Defense and the
Director of National Intelligence, shall supervise the development and
execution of an intelligence collection and analysis plan to gain as
much knowledge as possible regarding the technical and operational
characteristics, origins, and intentions of unidentified anomalous
phenomena, including with respect to the development, acquisition,
deployment, and operation of technical collection capabilities necessary
to detect, identify, and scientifically characterize unidentified
anomalous phenomena.
``(3) Use of resources and capabilities.--In developing the plan
under paragraph (2), the Director of the Office shall consider and
propose, as appropriate, the use of any resource, capability, asset, or
process of the Department and the intelligence community.
``(g) Science Plan.--The Director of the Office, on behalf of the Secretary
of Defense and the Director of National Intelligence, shall supervise the
development and execution of a science plan to develop and test, as practicable,
scientific theories to--
``(1) account for characteristics and performance of unidentified
anomalous phenomena that exceed the known state of the art in science or
technology, including in the areas of propulsion, aerodynamic control,
signatures, structures, materials, sensors, countermeasures, weapons,
electronics, and power generation; and
``(2) provide the foundation for potential future investments to
replicate or otherwise better understand any such advanced
characteristics and performance.
``(h) Assignment of Priority.--The Director of National Intelligence, in
consultation with and with the recommendation of the Secretary of Defense, shall
assign an appropriate level of priority within the National Intelligence
Priorities Framework to the requirement to understand, characterize, and respond
to unidentified anomalous phenomena.
``(i) Detailees From Elements of the Intelligence Community.--The heads of
the Central Intelligence Agency, the Defense Intelligence Agency, the National
Security Agency, the Department of Energy, the National Geospatial-Intelligence
Agency, the intelligence elements of the Army, the Navy, the Air Force, the
Marine Corps, and the Coast Guard, the Department of Homeland Security, and such
other elements of the intelligence community as the Director of the Office
considers appropriate may provide to the Office a detailee of the element to be
physically located at the Office.
``(j) Historical Record Report.--
``(1) Report required.--
``(A) In general.--Not later than 540 days after the date of
the enactment of the Intelligence Authorization Act for Fiscal
Year 2023, the Director of the Office shall submit to the
congressional defense committees, the congressional intelligence
committees, and congressional leadership a written report
detailing the historical record of the United States Government
relating to unidentified anomalous phenomena, including--
``(i) the records and documents of the intelligence
community;
``(ii) oral history interviews;
``(iii) open source analysis;
``(iv) interviews of current and former Government
officials;
``(v) classified and unclassified national archives
including any records any third party obtained pursuant
to section 552 of title 5, United States Code; and
``(vi) such other relevant historical sources as the
Director of the Office considers appropriate.
``(B) Other requirements.--The report submitted under
subparagraph (A) shall--
``(i) focus on the period beginning on January 1,
1945, and ending on the date on which the Director of
the Office completes activities under this subsection;
and
``(ii) include a compilation and itemization of the
key historical record of the involvement of the
intelligence community with unidentified anomalous
phenomena, including--
``(I) any program or activity that was
protected by restricted access that has not been
explicitly and clearly reported to Congress;
``(II) successful or unsuccessful efforts to
identify and track unidentified anomalous
phenomena; and
``(III) any efforts to obfuscate, manipulate
public opinion, hide, or otherwise provide
incorrect unclassified or classified information
about unidentified anomalous phenomena or
related activities.
``(2) Access to records of the national archives and records
administration.--The Archivist of the United States shall make available
to the Office such information maintained by the National Archives and
Records Administration, including classified information, as the
Director of the Office considers necessary to carry out paragraph (1).
``(k) Annual Reports.--
``(1) Reports from director of national intelligence and secretary
of defense.--
``(A) Requirement.--Not later than 180 days after the date
of the enactment of the Intelligence Authorization Act for
Fiscal Year 2023, and annually thereafter for four years, the
Director of National Intelligence and the Secretary of Defense
shall jointly submit to the appropriate congressional committees
a report on unidentified anomalous phenomena.
``(B) Elements.--Each report submitted under subparagraph
(A) shall include, with respect to the year covered by the
report, the following information:
``(i) All reported unidentified anomalous phenomena-
related events that occurred during the one-year period.
``(ii) All reported unidentified anomalous
phenomena-related events that occurred during a period
other than that one-year period but were not included in
an earlier report.
``(iii) An analysis of data and intelligence
received through each reported unidentified anomalous
phenomena-related event.
``(iv) An analysis of data relating to unidentified
anomalous phenomena collected through--
``(I) geospatial intelligence;
``(II) signals intelligence;
``(III) human intelligence; and
``(IV) measurement and signature
intelligence.
``(v) The number of reported incidents of
unidentified anomalous phenomena over restricted
airspace of the United States during the one-year
period.
``(vi) An analysis of such incidents identified
under clause (v).
``(vii) Identification of potential aerospace or
other threats posed by unidentified anomalous phenomena
to the national security of the United States.
``(viii) An assessment of any activity regarding
unidentified anomalous phenomena that can be attributed
to one or more adversarial foreign governments.
``(ix) Identification of any incidents or patterns
regarding unidentified anomalous phenomena that indicate
a potential adversarial foreign government may have
achieved a breakthrough aerospace capability.
``(x) An update on the coordination by the United
States with allies and partners on efforts to track,
understand, and address unidentified anomalous
phenomena.
``(xi) An update on any efforts underway on the
ability to capture or exploit discovered unidentified
anomalous phenomena.
``(xii) An assessment of any health-related effects
for individuals that have encountered unidentified
anomalous phenomena.
``(xiii) The number of reported incidents, and
descriptions thereof, of unidentified anomalous
phenomena associated with military nuclear assets,
including strategic nuclear weapons and nuclear-powered
ships and submarines.
``(xiv) In consultation with the Administrator for
Nuclear Security, the number of reported incidents, and
descriptions thereof, of unidentified anomalous
phenomena associated with facilities or assets
associated with the production, transportation, or
storage of nuclear weapons or components thereof.
``(xv) In consultation with the Chairman of the
Nuclear Regulatory Commission, the number of reported
incidents, and descriptions thereof, of unidentified
anomalous phenomena or drones of unknown origin
associated with nuclear power generating stations,
nuclear fuel storage sites, or other sites or facilities
regulated by the Nuclear Regulatory Commission.
``(xvi) The names of the line organizations that
have been designated to perform the specific functions
under subsections (d) and (e), and the specific
functions for which each such line organization has been
assigned primary responsibility.
``(xvii) A summary of the reports received using the
mechanism for authorized reporting established under
section 1673 of the National Defense Authorization Act
for Fiscal Year 2023.
``(2) Form.--Each report submitted under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
``(l) Semiannual Briefings.--
``(1) Requirement.--Not later than December 31, 2022, and not less
frequently than semiannually thereafter until December 31, 2026, the
Director of the Office shall provide to the appropriate congressional
committees classified briefings on unidentified anomalous phenomena.
``(2) First briefing.--The first briefing provided under paragraph
(1) shall include all incidents involving unidentified anomalous
phenomena that were reported to the Unidentified Aerial Phenomena Task
Force or to the Office established under subsection (a) after June 24,
2021, regardless of the date of occurrence of the incident.
``(3) Subsequent briefings.--Each briefing provided subsequent to
the first briefing described in paragraph (2) shall include, at a
minimum, all events relating to unidentified anomalous phenomena that
occurred during the previous 180 days, and events relating to
unidentified anomalous phenomena that were not included in an earlier
briefing.
``(4) Instances in which data was not shared.--For each briefing
period, the Director of the Office shall jointly provide to the chairman
or chair and the ranking member or vice chairman of the congressional
committees specified in subparagraphs (A) and (D) of subsection (n)(1)
an enumeration of any instances in which data relating to unidentified
anomalous phenomena was not provided to the Office because of
classification restrictions on that data or for any other reason.
``(m) Task Force Termination.--Not later than the date on which the
Secretary of Defense establishes the Office under subsection (a), the Secretary
shall terminate the Unidentified Aerial Phenomena Task Force.
``(n) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term `appropriate
congressional committees' means the following:
``(A) The Committees on Armed Services of the Senate and the
House of Representatives.
``(B) The Committees on Appropriations of the Senate and the
House of Representatives.
``(C) The Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
``(D) The Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House of
Representatives.
``(E) The Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of
the House of Representatives.
``(F) The Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives.
``(2) Congressional defense committees.--The term `congressional
defense committees' has the meaning given such term in section 101(a) of
title 10, United States Code.
``(3) Congressional intelligence committees.--The term
`congressional intelligence committees' has the meaning given such term
in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
``(4) Congressional leadership.--The term `congressional leadership'
means--
``(A) the majority leader of the Senate;
``(B) the minority leader of the Senate;
``(C) the Speaker of the House of Representatives; and
``(D) the minority leader of the House of Representatives.
``(5) Intelligence community.--The term `intelligence community' has
the meaning given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
``(6) Line organization.--The term `line organization' means, with
respect to a department or agency of the Federal Government, an
organization that executes programs and activities to directly advance
the core functions and missions of the department or agency to which the
organization is subordinate, but, with respect to the Department of
Defense, does not include a component of the Office of the Secretary of
Defense.
``(7) Transmedium objects or devices.--The term `transmedium objects
or devices' means objects or devices that are--
``(A) observed to transition between space and the
atmosphere, or between the atmosphere and bodies of water; and
``(B) not immediately identifiable.
``(8) Unidentified anomalous phenomena.--The term `unidentified
anomalous phenomena' means--
``(A) airborne objects that are not immediately
identifiable;
``(B) transmedium objects or devices; and
``(C) submerged objects or devices that are not immediately
identifiable and that display behavior or performance
characteristics suggesting that the objects or devices may be
related to the objects described in subparagraph (A).''.
(b) Clerical Amendment.--The table of contents in section 2(b) of such Act
is amended by striking the item relating to section 1683 of division A and
inserting the following new item:
``Sec. 1683. Establishment of All-domain Anomaly Resolution Office.''.
SEC. 6803. COMPTROLLER GENERAL OF THE UNITED STATES AUDITS AND BRIEFINGS ON
UNIDENTIFIED ANOMALOUS PHENOMENA HISTORICAL RECORD REPORT.
(a) Definitions.--In this section, the terms ``congressional leadership''
and ``Office'' have the meanings given such terms in section 1683 of the
National Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373), as
amended by section 6802.
(b) Audit.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall identify appropriately cleared personnel of the Government
Accountability Office to audit the historical record report process
described in section 1683 of the National Defense Authorization Act for
Fiscal Year 2022 (50 U.S.C. 3373), as amended by section 6802, including
personnel to conduct work on-site as appropriate.
(2) Provision of information.--On a quarterly basis, and as
appropriate and consistent with Government Auditing Standards, the
Comptroller General of the United States shall provide the Office with
information on the findings of any audits conducted by the personnel
identified under paragraph (1).
(c) Verbal Briefings.--Not later than 180 days after the date of the
enactment of this Act, and semiannually thereafter, the Comptroller General of
the United States shall verbally brief the congressional intelligence
committees, the congressional defense committees, and congressional leadership
on the progress of the Office with respect to the historical record report
described in section 1683 of the National Defense Authorization Act for Fiscal
Year 2022 (50 U.S.C. 3373), as amended by section 6802, and compliance with
legislative requirements.
(d) Rule of Construction.--Nothing in this section shall be construed to
restrict access of a committee of Congress under section 719(f) of title 31,
United States Code, to an audit under subsection (b).
SEC. 6804. REPORT ON PRECURSOR CHEMICALS USED IN THE PRODUCTION OF SYNTHETIC
OPIOIDS.
(a) Definition of Appropriate Committees of Congress.--In this section, the
term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on the Judiciary, the Committee on Homeland
Security and Governmental Affairs, the Committee on Foreign Relations,
the Committee on Commerce, Science, and Transportation, and the
Committee on Appropriations of the Senate; and
(3) the Committee on the Judiciary, the Committee on Homeland
Security, the Committee on Foreign Affairs, the Committee on Energy and
Commerce, and the Committee on Appropriations of the House of
Representatives.
(b) In General.--Not later than 180 days after the date of the enactment of
this Act, the Director of National Intelligence shall submit to the appropriate
committees of Congress a report on licit precursor chemicals originating abroad,
including in the People's Republic of China and any other country the Director
considers appropriate, that are bound for use in the illicit production of
synthetic opioids intended for distribution in the United States.
(c) Form of Report.--The report submitted under subsection (b) shall be
submitted in unclassified form, but may include a classified annex produced
consistent with the protection of sources and methods.
SEC. 6805. ASSESSMENT AND REPORT ON MASS MIGRATION IN THE WESTERN HEMISPHERE.
(a) Definition of Appropriate Committees of Congress.--In this section, the
term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on the
Judiciary, the Committee on Homeland Security and Governmental Affairs,
and the Committee on Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on the
Judiciary, the Committee on Homeland Security, and the Committee on
Appropriations of the House of Representatives.
(b) In General.--Not later than 90 days after the date of the enactment of
this Act, the Director of National Intelligence shall assess, and submit to the
appropriate committees of Congress a report on--
(1) the threats to the interests of the United States created or
enhanced by, or associated with, the mass migration of people within the
Western Hemisphere, particularly to the southern border of the United
States; and
(2) the use of or the threat of using mass migration in the Western
Hemisphere by the regimes of Daniel Ortega in Nicaragua, Nicolas Maduro
in Venezuela, and the regime of Miguel Diaz-Canel and Raul Castro in
Cuba--
(A) to effectively curate populations so that people who
remain in those countries are powerless to meaningfully dissent;
and
(B) to enable the increase of remittances from migrants
residing in the United States as a result of the mass migration
to help finance the regimes in Nicaragua, Venezuela, and Cuba.
(c) Form of Report.--The report submitted under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 6806. REPORT ON INTERNATIONAL NORMS, RULES, AND PRINCIPLES APPLICABLE IN
SPACE.
(a) Definition of Appropriate Committees of Congress.--In this section, the
term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the congressional defense committees;
(3) the Committee on Foreign Relations and the Committee on
Commerce, Science, and Transportation of the Senate; and
(4) the Committee on Foreign Affairs, the Committee on Science,
Space, and Technology, and the Committee on Energy and Commerce of the
House of Representatives.
(b) In General.--Not later than 90 days after the date of the enactment of
this Act, the Chair of the National Space Council, in consultation with the
Director of National Intelligence, the Secretary of State, the Secretary of
Defense, the Secretary of Commerce, the Administrator of the National
Aeronautics and Space Administration, and the heads of any other agencies as the
Chair considers necessary, shall submit to the appropriate committees of
Congress a report on voluntary, non-legally binding responsible international
norms, rules, and principles applicable in space.
(c) Elements.--The report submitted under subsection (b) shall--
(1) identify threats to the interests of the United States in space
that may be mitigated by voluntary, non-legally binding responsible
international norms, rules, and principles;
(2) identify opportunities for the United States to influence
voluntary, non-legally binding responsible international norms, rules,
and principles applicable in space, including through bilateral and
multilateral engagement;
(3) assess the willingness of space faring foreign nations to adhere
to voluntary, non-legally-binding responsible international norms,
rules, or principles applicable in space;
(4) include a list and description of known or suspected adversary
offensive weapon systems that could be used to degrade or destroy
satellites in orbit during the previous five years;
(5) include a list and description of known or suspected adversary
offensive weapon systems in development that could be used to degrade or
destroy satellites that are anticipated to be put operational during the
course of the next five years; and
(6) include an analysis of the extent to which adversary space
faring foreign nations use civilian and commercial space assets, and
civilian and commercial space relationship, to advance military and
intelligence programs and activities.
(d) Input From Commercial Space Sector.--In identifying threats under
subsection (c)(1), the Chair of the National Space Council shall obtain input
from the commercial space sector.
(e) Form.--The report submitted under subsection (b) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 6807. ASSESSMENTS OF THE EFFECTS OF SANCTIONS IMPOSED WITH RESPECT TO THE
RUSSIAN FEDERATION'S INVASION OF UKRAINE.
(a) Definition of Appropriate Committees of Congress.--In this section, the
term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on Banking,
Housing, and Urban Affairs, the Committee on Armed Services, and the
Committee on Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on Financial
Services, the Committee on Armed Services, the Committee on Ways and
Means, and the Committee on Appropriations of the House of
Representatives.
(b) In General.--Not later than 180 days after the date of the enactment of
this Act, and every 180 days thereafter for 2 years, the Director of National
Intelligence shall, in coordination with the Secretary of State, the Secretary
of the Treasury, and the heads of such other government agencies as the Director
considers appropriate, submit to the appropriate committees of Congress an
assessment of the cumulative and material effects of the sanctions imposed by
the United States, European countries, and the international community with
respect to the Russian Federation in response to the February 24, 2022, full-
scale invasion of Ukraine and subsequent actions by the Russian Federation.
(c) Elements.--Each assessment submitted under subsection (b) shall include
the following:
(1) A description of efforts by the Russian Federation to evade or
circumvent sanctions imposed by the United States, European countries,
or the international community through direct or indirect engagement or
direct or indirect assistance from--
(A) the regimes in Cuba and Nicaragua and the regime of
Nicolas Maduro in Venezuela;
(B) the People's Republic of China;
(C) the Islamic Republic of Iran; and
(D) any other country the Director considers appropriate.
(2) An assessment of the cumulative effect of the efforts described
in paragraph (1), including on the Russian Federation's strategic
relationship with the regimes and countries described in such paragraph.
(3) A description of the material effect of the sanctions described
in subsection (b), including the effect of those sanctions on individual
sectors of the economy of Russia, senior leadership, senior military
officers, state-sponsored actors, and other state-affiliated actors in
the Russian Federation that are either directly or incidentally subject
to such sanctions. Such description shall include a discussion of those
sanctions that had significant effects, as well as those that had no
observed effects.
(4) Methodologies for assessing the effects of different categories
of financial and economic sanctions on the targets of such action,
including with respect to specific industries, entities, individuals,
and transactions.
(5) A description of evasion techniques, including the use of
digital assets, used by the Government of Russia, entities and persons
covered by the sanctions, and by other governments, entities, and
persons who have assisted in the use of such techniques, in response to
the sanctions.
(6) A description of any developments by other countries in creating
alternative payment systems as a result of the invasion of Ukraine.
(7) An assessment of how countries have assessed the risk of holding
reserves in United States dollars since the February 24, 2022, invasion
of Ukraine.
(8) If sufficient collection allows, an assessment of the impact of
any general licenses issued in relation to the sanctions described in
subsection (b), including--
(A) the extent to which authorizations for internet-based
communications have enabled continued monetization by Russian
influence actors, while not silencing human-right activists and
independent media; and
(B) the extent to which licenses authorizing energy-related
transactions have affected the Russian Federation's ability to
earn hard currency.
(d) Form of Assessments.--Each assessment submitted under subsection (b)
shall be submitted in unclassified form and include a classified annex.
SEC. 6808. ASSESSMENT OF IMPACT OF RUSSIA'S INVASION OF UKRAINE ON FOOD
SECURITY.
(a) Definition of Appropriate Committees of Congress.--In this section, the
term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on Armed
Services, and the Committee on Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on Armed
Services, and the Committee on Appropriations of the House of
Representatives.
(b) Assessment.--
(1) In general.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence shall, in
coordination with the Assistant Secretary of State for Intelligence and
Research and such other heads of elements of the intelligence community
as the Director determines appropriate, submit to the appropriate
committees of Congress an assessment of the current and potential impact
of the invasion by Russia of Ukraine on global food security.
(2) Elements.--The assessment under paragraph (1) shall include the
following:
(A) An assessment of the current and potential impact of the
invasion by Russia of Ukraine on food security, disaggregated by
region.
(B) An analysis of the potential for political instability
and security crises to occur as a result of such food
insecurity, disaggregated by region.
(C) A description of the factors that could reduce or
increase the effects of such food insecurity on political
stability and security, disaggregated by region.
(D) An assessment of the efforts of Russia to steal grain
from illegally occupied territories in Ukraine and a list of
customers who have purchased such stolen grain.
(E) An assessment of whether Russia has taken intentional
steps to cause a global food shortage.
(3) Form.--The assessment under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
(c) Briefing.--Not later than 30 days after the date on which the assessment
prepared under subsection (b)(1) is completed, the Director of National
Intelligence shall brief the appropriate committees of Congress on the findings
of the Director with respect to the assessment.
SEC. 6809. PILOT PROGRAM FOR DIRECTOR OF FEDERAL BUREAU OF INVESTIGATION TO
UNDERTAKE AN EFFORT TO IDENTIFY INTERNATIONAL MOBILE SUBSCRIBER
IDENTITY-CATCHERS.
Section 5725 of the Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3024 note;
Public Law 116-92) is amended--
(1) in subsection (a), in the matter before paragraph (1)--
(A) by striking ``The Director of National Intelligence and
the Director of the Federal Bureau of Investigation'' and
inserting ``The Director of the Federal Bureau of
Investigation'';
(B) by inserting ``the Director of National Intelligence,''
before ``the Under Secretary''; and
(C) by striking ``Directors determine'' and inserting
``Director of the Federal Bureau of Investigation determines'';
(2) by redesignating subsections (b) and (c) as subsections (d) and
(e), respectively;
(3) by inserting after subsection (a) the following:
``(b) Pilot Program.--
``(1) In general.--The Director of the Federal Bureau of
Investigation, in collaboration with the Director of National
Intelligence, the Under Secretary of Homeland Security for Intelligence
and Analysis, and the heads of such other Federal, State, or local
agencies as the Director of the Federal Bureau of Investigation
determines appropriate, and in accordance with applicable law and
policy, shall conduct a pilot program designed to implement subsection
(a)(1)(A) with respect to the National Capital Region.
``(2) Commencement; completion.--The Director of the Federal Bureau
of Investigation shall--
``(A) commence carrying out the pilot program required by
paragraph (1) not later than 180 days after the date of the
enactment of the Intelligence Authorization Act for Fiscal Year
2023; and
``(B) complete the pilot program not later than 2 years
after the date on which the Director commences carrying out the
pilot program under subparagraph (A).
``(c) Notifications Required.--The Director of the Federal Bureau of
Investigation shall notify the majority leader of the Senate, the minority
leader of the Senate, the Speaker of the House of Representatives, the minority
leader of the House of Representatives, and the Capitol Police Board of--
``(1) the placement of sensors designed to identify International
Mobile Subscriber Identity-catchers capable of conducting surveillance
against the United States Capitol or associated buildings and
facilities; and
``(2) the discovery of any International Mobile Subscriber Identity-
catchers capable of conducting surveillance against the United States
Capitol or associated buildings and facilities and any countermeasures
against such International Mobile Subscriber Identity-catchers.''; and
(4) in subsection (d), as redesignated by paragraph (2)--
(A) in the matter before paragraph (1), by striking
``Prior'' and all that follows through ``Investigation'' and
inserting ``Not later than 180 days after the date on which the
Director of the Federal Bureau of Investigation determines that
the pilot program required by subsection (b)(1) is operational,
the Director'';
(B) in paragraph (1), by striking ``within the United
States''; and
(C) in paragraph (2), by striking ``by the intelligence
community'' and inserting ``deployed by the Federal Bureau of
Investigation''.
SEC. 6810. DEPARTMENT OF STATE BUREAU OF INTELLIGENCE AND RESEARCH ASSESSMENT OF
ANOMALOUS HEALTH INCIDENTS.
(a) Appropriate Committees of Congress Defined.--In this section, the term
``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on Foreign
Relations, and the Committee on Appropriations of the Senate; and
(3) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House of
Representatives.
(b) Assessment Required.--Not later than 90 days after the date of the
enactment of this Act, the Assistant Secretary of State for Intelligence and
Research shall submit to the appropriate committees of Congress an assessment of
the findings relating to the events that have been collectively labeled as
``anomalous health incidents''.
(c) Contents.--The assessment submitted under subsection (b) shall include
the following:
(1) Any diplomatic reporting or other relevant information on the
causation of anomalous health incidents.
(2) Any diplomatic reporting or other relevant information on any
person or entity who may be responsible for such incidents.
(3) Detailed plans, including metrics, timelines, and measurable
goals, for the Bureau of Intelligence and Research to understand
anomalous health incidents and share findings with other elements of the
intelligence community.
SEC. 6811. REPEAL AND MODIFICATION OF CERTAIN REPORTING AND BRIEFING
REQUIREMENTS.
(a) Reports on Security Services of the People's Republic of China in the
Hong Kong Special Administrative Region.--Section 1107A of the National Security
Act of 1947 (50 U.S.C. 3237a) is repealed.
(b) Annual Update to Report on Foreign Weaponization of Deepfakes and
Deepfake Technology.--Section 5709 of the National Defense Authorization Act for
Fiscal Year 2020 (50 U.S.C. 3369a) is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
(c) Information Sharing Performance Management Reports.--
(1) In general.--Section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485) is amended--
(A) by striking subsection (h); and
(B) by redesignating subsections (i) through (l) as
subsections (h) through (k), respectively.
(2) Conforming amendment.--Section 210(b) of the Homeland Security
Act of 2002 (6 U.S.C. 124g(b)) is amended by striking ``section 1016(i)
of the Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 485(i))'' and inserting ``section 1016(h) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485(h))''.
(d) Periodic Reports on Activities of Privacy Officers and Civil Liberties
Officers.--Section 1062(f)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C. 2000ee-1(f)(1)) is amended, in the matter
preceding subparagraph (A), by striking ``semiannually'' and inserting
``annually''.
(e) Briefing on Hizballah's Assets and Activities Related to Fundraising,
Financing, and Money Laundering World-wide.--Section 204(b) of the Hizballah
International Financing Prevention Act of 2015 (Public Law 114-102; 129 Stat.
2212) is amended by striking ``every 180 days'' and inserting ``annually''.
(f) Inspectors General Reports on Classification.--Section 6721(a) of the
National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 2231) is amended by striking ``per year in each of the three'' and
inserting ``every two years in each of the six''.
(g) Report on Efforts of State Sponsors of Terrorism, Other Foreign
Countries, or Entities to Illicitly Acquire Satellites and Related Items.--
Section 1261(e)(1) of the National Defense Authorization Act for Fiscal Year
2013 (Public Law 112-239; 126 Stat. 2019) is amended by striking ``annually''
and inserting ``once every two years''.
(h) Reports and Briefings on Director of National Intelligence Program on
Use of Intelligence Resources in Efforts to Sanction Foreign Opioid
Traffickers.--Section 7231(c) of the National Defense Authorization Act for
Fiscal Year 2020 (21 U.S.C. 2331(c)) is amended--
(1) in the subsection heading, by inserting ``and Briefings'' after
``Reports''; and
(2) in paragraph (1)--
(A) by striking ``(1) Quarterly reports on program.--Not
later than'' and inserting the following:
``(1) Reports and briefings on program.--
``(A) Annual reports.--Not later than'';
(B) in subparagraph (A), as designated by subparagraph (A)
of this paragraph--
(i) by striking ``every 90 days'' and inserting
``annually'';
(ii) by striking ``90-day period'' and inserting
``year''; and
(iii) by striking ``under this paragraph'' and
inserting ``under this subparagraph''; and
(C) by adding at the end the following:
``(B) Semiannual briefings.--On a semiannual basis, the
Director of National Intelligence and the Director of the Office
of National Drug Control Policy shall jointly brief the
appropriate congressional committees and leadership on the
status and accomplishments of the program required by subsection
(a).''.
SEC. 6812. INCREASED INTELLIGENCE-RELATED ENGINEERING, RESEARCH, AND DEVELOPMENT
CAPABILITIES OF MINORITY INSTITUTIONS.
(a) Plan.--
(1) Requirement.--The Director of National Intelligence shall
develop a plan to promote intelligence-related engineering, research,
and development activities at covered institutions for the purpose of
contributing toward the research necessary to achieve the intelligence
advantage of the United States.
(2) Elements.--The plan under paragraph (1) shall include the
following:
(A) An assessment of opportunities to support engineering,
research, and development at covered institutions in computer
sciences, including artificial intelligence, quantum computing,
and machine learning, and synthetic biology and an assessment of
opportunities to support the associated workforce and physical
research infrastructure of such institutions.
(B) An assessment of opportunities to enhance the ability of
covered institutions--
(i) to participate in intelligence-related
engineering, research, and development activities; and
(ii) to effectively compete for intelligence-related
engineering, research and development contracts in
support of the most urgent research requirements of the
intelligence community.
(C) An assessment of the activities and investments the
Director determines necessary--
(i) to expand opportunities for covered institutions
to partner with other research organizations and
educational institutions that the intelligence community
frequently partners with to conduct research; and
(ii) to increase participation of covered
institutions in intelligence-related engineering,
research, and development activities.
(D) Recommendations identifying actions that may be taken by
the Director, Congress, covered institutions, and other
organizations to increase participation of such institutions in
intelligence-related engineering, research, and development
activities and contracts.
(E) Specific goals, incentives, and metrics to increase and
measure the capacity of covered institutions to address the
engineering, research, and development needs of the intelligence
community.
(3) Consultation.--In developing the plan under paragraph (1), the
Director shall consult with covered institutions and other departments
or agencies of the United States Government or private sector
organizations that the Director determines appropriate.
(4) Report.--Not later than 1 year after the date of the enactment
of this Act, the Director shall submit to the congressional intelligence
committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives, and make
publicly available on the internet website of the Director, a report
containing the plan under paragraph (1).
(b) Activities to Support Research and Engineering Capacity.--Subject to the
availability of appropriations for such purpose, the Director may establish a
program to award contracts, grants, or other agreements, on a competitive basis,
and to perform other appropriate activities, for any of the following purposes:
(1) Developing the capability, including the workforce and the
research infrastructure, for covered institutions to more effectively
compete for intelligence-related engineering, research, and development
activities and contracts.
(2) Any other purposes the Director determines appropriate to
enhance the capabilities of covered institutions to carry out
intelligence-related engineering, research, and development activities
and contracts.
(c) Increased Partnerships Between IARPA and Covered Institutions.--The
Director shall establish goals and incentives to encourage the Intelligence
Advanced Research Projects Activity to--
(1) partner with covered institutions to advance the research and
development needs of the intelligence community through partnerships and
collaborations with the Intelligence Advanced Research Projects
Activity; and
(2) if the Director determines appropriate, foster the establishment
of similar relationships between such institutions and other
organizations that have partnerships with the Intelligence Advanced
Research Projects Activity.
(d) Covered Institution Defined.--In this section, the term ``covered
institution'' means the following:
(1) A part B institution (as defined in section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061)).
(2) An institution of higher education (as defined in section 101 of
the Higher Education Act of 1965(20 U.S.C. 1001)) not covered by
paragraph (1) at which not less than 50 percent of the total student
enrollment consists of students from ethnic groups that are
underrepresented in the fields of science and engineering, as determined
by the Director of National Intelligence.
SEC. 6813. REPORTS ON PERSONNEL VETTING PROCESSES AND PROGRESS UNDER TRUSTED
WORKFORCE 2.0 INITIATIVE.
(a) Definitions.--In this section:
(1) Authorized adjudicative agency; authorized investigative agency;
personnel security investigation; periodic reinvestigation.--The terms
``authorized adjudicative agency'', ``authorized investigative agency'',
``personnel security investigation'', and ``periodic reinvestigation''
have the meanings given those terms in section 3001(a) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(a)).
(2) Continuous vetting; council; security executive agent.--The
terms ``continuous vetting'', ``Council'', and ``Security Executive
Agent'' have the meanings given those terms in section 6601 of the Damon
Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for
Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3352).
(b) Reports.--Not later than September 30, 2023, and annually thereafter
until September 30, 2027, the Security Executive Agent, in coordination with the
Chair and other Principals of the Council, shall submit to Congress a report on
the personnel vetting processes of the United States Government.
(c) Elements.--Each report under subsection (b) shall include, with respect
to the preceding fiscal year, the following:
(1) An analysis of the timeliness, costs, and other related
information for the initiations, investigations (including initial
investigations and any required periodic reinvestigations), and
adjudications for personnel vetting purposes. Such analysis shall
include the following:
(A) The average periods of time taken (from the date of an
agency's receipt of a completed security clearance application
to the date of the ultimate disposition and notification to the
subject and the employer of the subject) by each authorized
investigative agency and authorized adjudicative agency, to the
greatest extent practicable, to initiate investigations, conduct
investigations, and adjudicate security clearances, as compared
with established timeliness objectives.
(B) The number of initial investigations and periodic
reinvestigations initiated and adjudicated by each authorized
investigative agency and authorized adjudicative agency, to the
extent practicable.
(C) The number of initial investigations and periodic
reinvestigations carried over to the fiscal year covered by the
report from a prior fiscal year by each authorized investigative
agency and authorized adjudicative agency, to the greatest
extent practicable.
(D) The number of initial investigations and periodic
reinvestigations that resulted in a denial or revocation of a
security clearance by each authorized adjudicative agency.
(E) The costs to the executive branch relating to personnel
security clearance initiations, investigations, adjudications,
revocations, and continuous vetting with respect to such
clearances.
(F) A discussion of any impediments, including with respect
to resources, personnel, or authorities, to the timely
processing of personnel security clearances.
(G) The number of individuals who hold a personnel security
clearance and are enrolled in a program of continuous vetting
with respect to such clearance, and the numbers and types of
adverse actions taken by each authorized adjudicative agency as
a result of such continuous vetting.
(H) The number of personnel security clearances awaiting or
under investigation (including initial investigation and
periodic reinvestigation) by the Director of the Defense
Counterintelligence and Security Agency and each authorized
investigative agency.
(I) Such other information as the Security Executive Agent
may determine appropriate, including any recommendations to
improve the effectiveness, timeliness, and efficiency of
personnel security clearance initiations, investigations, and
adjudications.
(2) An analysis of the status of the implementation of the Trusted
Workforce 2.0 initiative sponsored by the Council, including the
following:
(A) A list of the policies issued by the Council for the
Trusted Workforce 2.0 initiative, and a list of expected
issuance dates for planned policies of the Council for such
initiative.
(B) A list of the departments and agencies of the executive
branch that have identified a senior implementation official to
be accountable for the implementation of the Trusted Workforce
2.0 initiative, in accordance with the memorandum on
transforming Federal personnel vetting issued by the Assistant
to the President for National Security Affairs on December 14,
2021, including an identification of the position of such senior
implementation official within the respective department or
agency.
(C) A list of the departments and agencies of the executive
branch that have submitted implementation plans, and subsequent
progress reports, with respect to the Trusted Workforce 2.0
initiative, as required by the memorandum specified in
subparagraph (B).
(D) A summary of the progress that the departments and
agencies of the executive branch have made implementing the
Trusted Workforce 2.0 initiative.
(3) An analysis of the transfers between, and reciprocal recognition
among, the heads of the departments and agencies of the executive branch
of security clearance background investigations and determinations and
other investigations and determinations relating to personnel vetting
(including with respect to trust, suitability, fitness, credentialing,
and access). Such analysis shall include, with respect to such
investigations and determinations, the following:
(A) The number of employees for whom a prior such
investigation or determination was recognized and accepted by
the head of a department or agency without the head requiring
additional investigative or adjudicative steps, disaggregated by
department or agency, to the greatest extent practicable.
(B) The number of employees for whom a prior such
investigation or determination was not recognized or accepted by
the head of a department or agency without the head requiring
additional investigative or adjudicative steps, disaggregated by
department or agency, to the greatest extent practicable.
(C) The reasons most frequently cited by such heads for the
failure to recognize or accept a prior such investigation or
determination, disaggregated by department or agency.
(D) The average number of days for the head of a department
or agency to recognize and accept a prior such investigation or
determination (from the date the head initiates the process to
consider the prior investigation or determination for
recognition and acceptance, to the date the head makes a final
determination on such recognition and acceptance), disaggregated
by agency, to the greatest extent practicable.
(4) A discussion of any impediments, constraints, and opportunities
relating to--
(A) the timeliness of the personnel security clearance
process across the United States Government;
(B) the implementation of the Trusted Workforce 2.0
initiative;
(C) the transfer and reciprocal recognition of
determinations relating to personnel vetting between and among
departments and agencies; and
(D) the completeness and provision of data from elements of
the intelligence community, pursuant to paragraphs (1), (2), and
(3) of this subsection.
SEC. 6814. REPORTS RELATING TO PROGRAMS OF RECORD OF NATIONAL GEOSPATIAL-
INTELLIGENCE AGENCY.
(a) Findings.--Congress finds the following:
(1) The comprehensive identification of National Geospatial-
Intelligence Agency programs and activities, to include significant,
enduring programs determined by the Agency to be ``programs of record'',
is a critical element for enabling budget auditability and oversight by
the Office of the Director of National Intelligence, the Office of
Management and Budget, and the congressional intelligence committees.
(2) In order to improve how the National Geospatial-Intelligence
Agency justifies and oversees resources in support of core missions and
authorities, the Agency has committed to establish a deliberate
acquisition structure, modeled after Department of Defense best
practices, with programs and activities aligned under a Program
Executive Office structure.
(3) Establishing an effective Program Executive Office structure at
the National Geospatial-intelligence Agency will ensure clearly
articulated acquisition efforts that have defined requirements and
program scope with traceability from capabilities to deliverables to
Programs of Record to budget materials.
(b) Reports Required.--
(1) Reports to congressional intelligence committees and defense
subcommittees of congressional appropriations committees.--Not later
than February 1, 2023, the Director of the National Geospatial-
Intelligence Agency, consistent with the protection of intelligence
sources and methods, shall submit to the congressional intelligence
committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives reports on
the programs and activities of the Agency. Such reports shall include,
at a minimum, the following:
(A) An identification of any definition for the term
``program of record'' used by the Agency during the period
beginning October 1, 2017, and ending on the date of the
submission of the report.
(B) A detailed description of each current program and
activity of the Agency, including each current program of record
of the Agency.
(C) A detailed explanation of how funding and other
information relating to each such program of record or other
program or activity may be located within the budget
justification materials submitted to Congress.
(D) An in-process review of the program element office
planning and implementation efforts.
(E) Identification of limitations and additional support
required by the Agency to implement program element offices and
related changes to financial management systems.
(2) Report to congressional intelligence and defense committees.--
(A) Definition of appropriate congressional committees.--In
this section, the term ``appropriate congressional committees''
means--
(i) the congressional intelligence committees; and
(ii) the Committee on Armed Services and the
Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
(iii) the Committee on Armed Services and
Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(B) Report required.--Not later than February 1, 2023, the
Director of the National Geospatial-Intelligence Agency,
consistent with the protection of intelligence sources and
methods, shall submit to the appropriate congressional
committees a report on the programs and activities of the Agency
that are funded in full or in part under the Military
Intelligence Program. Such report shall include, at a minimum,
the following:
(i) An identification of any definition for the term
``program of record'' used by the Agency during the
period beginning October 1, 2017 and ending on the date
of the submission of the report.
(ii) A detailed description of each current program
and activity of the Agency funded in full or in part
under the Military Intelligence Program, including each
current program of record of the Agency funded in full
or in part under the Military Intelligence Program.
(iii) A detailed explanation of how funding and
other information relating to each such program of
record or other program or activity funded in full or in
part under the Military Intelligence Program may be
located within the budget justification materials
submitted to Congress.
(3) Form.--Each report under this subsection may be submitted in
classified form.
SEC. 6815. PLAN REGARDING SOCIAL MEDIA DATA AND THREAT ANALYSIS CENTER.
(a) Definition of Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' has the meaning given that
term in section 5323(h) of the Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C.
3369(h)).
(b) Plan.--Not later than 90 days after the date of the enactment of this
Act, the Director of National Intelligence shall submit to the appropriate
congressional committees a plan to operationalize the Social Media Data and
Threat Analysis Center in accordance with section 5323 of the Damon Paul Nelson
and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018,
2019, and 2020 (50 U.S.C. 3369).
(c) Elements.--The plan under subsection (b) shall include a description of
how the Social Media Data and Threat Analysis Center shall--
(1) coordinate with social media companies, independent
organizations and researchers, and other public-facing internet-based
platforms to determine--
(A) what categories of data and metadata are useful
indicators of internet-based foreign malign influence
activities; and
(B) how such data and metadata may be shared effectively
with the Center and with independent organizations and
researchers while protecting the privacy and civil liberties of
United States users of social media platforms and other public-
facing internet-based platforms; and
(2) develop criteria under which social media companies and other
public-facing internet-based platforms share indicators of internet-
based foreign malign influence activities with the Center and
independent organizations and researchers, including a description of--
(A) the timeliness and consistency of such sharing of
indicators;
(B) the categories of indicators to be shared; and
(C) the protection, in consultation with the head of the
Office of Civil Liberties, Privacy, and Transparency as may be
appropriate, of privacy, civil liberties, and constitutionally
protected activities of users of social media platforms and
other public-facing internet-based platforms.
SEC. 6816. REPORT ON USE OF PUBLICLY AVAILABLE SOCIAL MEDIA INFORMATION IN
PERSONNEL VETTING DETERMINATIONS.
(a) Definitions of Continuous Vetting, Council, and Security Executive
Agent.--In this section, the terms ``continuous vetting'', ``Council'', and
``Security Executive Agent'' have the meanings given those terms in section 6601
of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization
Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3352).
(b) Report.--Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence, in coordination with other heads of
the elements of the intelligence community that the Director determines
appropriate, and in consultation with the other principal members of the
Council, shall submit to Congress a report regarding the current and planned use
of publicly available social media information in the personnel vetting and
security clearance processes.
(c) Elements.--The report under subsection (b) shall include the following:
(1) A description of how departments and agencies of the United
States Government have implemented Security Executive Agent Directive 5
titled ``Collection, Use, and Retention of Publicly Available Social
Media Information in Personnel Security Background Investigations and
Adjudications'', and relevant agency implementing guidance, including
Department of Defense Instruction 1325.06 titled ``Handling Protest,
Extremist, and Criminal Gang Activities among Members of the Armed
Forces''.
(2) A description of how the use of publicly available social media
in personnel vetting determinations and security clearance
investigations and adjudications is, or will be, captured in the
National Background Investigation Services system and other information
technology systems used in the personnel vetting process.
(3) A description of how publicly available social media information
is used, and will be used, in continuous vetting and security clearances
processes and insider threat programs.
(4) A description of any privacy or civil liberties concerns with
the use of publicly available social media information in personnel
vetting or security clearance determinations, including a discussion of
the risks, benefits, and drawbacks of allowing for the voluntary
provision of, or voluntary access to, nonpublicly available social media
information in the regular course of personnel vetting and security
clearance processes.
(5) A discussion of the extent to which officials and entities of
the United States Government responsible for privacy and civil liberties
matters, including the Chief of the Office of Civil Liberties, Privacy,
and Transparency of the Office of the Director of National Intelligence
and the civil liberties officers of departments and agencies of the
United States Government, are involved in the development and operation
of programs to use social media information in personnel vetting and
security clearance processes.
(6) A discussion of any impediments, constraints, risks, or
drawbacks relating to the use of publicly available social media
information in personnel vetting and security clearance processes,
including--
(A) challenges associated with implementation of Security
Executive Agent Directive 5, Department of Defense Instruction
1325.06, and other relevant guidance;
(B) the resources required, including with respect to
personnel, funding, and information systems, to gather, assess,
and make use of such information; and
(C) an analysis of the costs and benefits of the use of
publicly available social media information.
(7) An implementation plan for the future use of publicly available
social media information, based on relevant findings under paragraphs
(1) through (6).
SEC. 6817. REPORT ON STRENGTHENING WORKFORCE DIVERSITY PLANNING AND OVERSIGHT.
(a) Report.--Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence, in coordination with the heads of
the elements of the intelligence community, shall submit to the congressional
intelligence committees, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives a report discussing steps to
enhance the strategic planning for, measure the progress of, and assess barriers
to workforce diversity in the intelligence community.
(b) Elements.--The report under subsection (a) shall include the following:
(1) A discussion of existing, updated, or new guidance requiring all
elements of the intelligence community to maintain current and complete
diversity strategic plans that contain specific objectives, timeframes,
and responsibilities.
(2) A discussion of progress made by individual elements toward
maintaining such plans.
(3) A discussion of existing, updated, or new guidance to ensure
individual elements develop performance measures to assess the
contribution of activities toward achieving diversity goals and overall
progress.
(4) A discussion of progress made by individual elements toward
developing measures to assess progress toward achieving diversity
management efforts.
(5) A discussion of existing, updated, or new guidance ensuring that
each element routinely identifies and takes steps toward eliminating
barriers to workforce diversity.
(6) A discussion of steps taken by the Director to ensure that
individual elements are routinely completing required assessments to
identify and eliminate barriers to diversity.
(7) A discussion of steps taken by the Director to establish
specific implementation objectives and timeframes for the elements that
support intelligence community-wide diversity goals to ensure the
elements are held accountable for making progress.
SEC. 6818. REPORT ON TRANSITION OF NATIONAL RECONNAISSANCE OFFICE TO DIGITAL
ENGINEERING ENVIRONMENT.
(a) Findings.--Congress finds the following:
(1) Potential foreign adversaries are outpacing the United States in
the fielding of new generations of space systems that dull the edge the
United States has enjoyed in space.
(2) A digital engineering environment, also known as digital systems
engineering, reduces the time to field new space systems.
(3) Digital engineering environment tools enable the rapid
iterations of requirements and architectures into digital system
depictions capable of use by private industry to further the design and
development of space systems.
(b) Sense of Congress.--It is the sense of Congress that, to maintain a
competitive advantage in space, the National Reconnaissance Office should
transition to a digital engineering environment by not later than 3 years after
the date of the enactment of this Act.
(c) Report.--
(1) Submission.--Not later than 180 days after the date of the
enactment of this Act, the Director of the National Reconnaissance
Office shall submit to the appropriate congressional committees a report
that contains the following:
(A) A plan for the transition of the National Reconnaissance
Office to a digital engineering environment.
(B) An identification of the date by which such transition
shall be completed.
(C) A description of the metrics the Director plans to use
to measure progress made with respect to such transition and
resulting efficiencies gained.
(D) A description of the initial pilot programs of the
National Reconnaissance Office relating to digital engineering
and the plans to expand such pilot programs in scale and scope
with respect to acquisition carried out under such pilot
programs.
(E) A description of any training requirements or
certifications necessary to advance a digital engineering
environment within the National Reconnaissance Office.
(F) A description of how the Director plans to incorporate
input and best practices from private industry to facilitate and
accelerate the transition of the National Reconnaissance Office
to a digital engineering environment.
(2) Form.--The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section, the term
``appropriate congressional committees'' means--
(1) the congressional intelligence committees; and
(2) the congressional defense committees (as defined in section
101(a)(16) of title 10, United States Code).
SEC. 6819. BRIEFING ON DEPARTMENT OF HOMELAND SECURITY INTELLIGENCE ACTIVITIES.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term ``appropriate
congressional committees'' means the following:
(A) The congressional intelligence committees.
(B) The Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the Senate.
(C) The Committee on Homeland Security and the Committee on
Appropriations of the House of Representatives.
(2) Component of the department of homeland security.--The term
``component of the Department of Homeland Security'' means the following
components of the Department of Homeland Security:
(A) The Cybersecurity and Infrastructure Security Agency
Threat Management Division.
(B) The Federal Emergency Management Agency Protection and
National Preparedness, Office of Counterterrorism and Security
Preparedness.
(C) The Transportation Security Administration Office of
Intelligence and Analysis.
(D) The United States Citizenship and Immigration Services
Fraud Detection and National Security Directorate, Field
Operations Directorate, and Collateral Duty Intelligence.
(E) The United States Customs and Border Protection Office
of Intelligence.
(F) The United States Immigration and Customs Enforcement
Homeland Security Investigations, Office of Intelligence, and
Special Agent in Charge Intelligence Program.
(3) Intelligence activity.--The term ``intelligence activity'' shall
be interpreted consistent with how such term is used in section 502 of
the National Security Act of 1947 (50 U.S.C. 3092).
(b) Briefing on Intelligence Activities.--Consistent with section 501 of the
National Security Act of 1947 (50 U.S.C. 3091), not later than 30 days after the
date of the enactment of this Act, the Chief Intelligence Officer of the
Department of Homeland Security shall provide the appropriate congressional
committees a briefing on the intelligence activities of elements of the
Department of Homeland Security that are not elements of the intelligence
community. Such briefing shall include the following:
(1) A comprehensive description of all intelligence activities
conducted during the period beginning on January 1, 2018, and ending on
the date of the briefing, by any component of the Department of Homeland
Security that conducts intelligence activities.
(2) With respect to each such intelligence activity, a description
of the activity, including, at a minimum--
(A) the nature of the activity;
(B) the component undertaking the activity;
(C) the legal authority for such activity; and
(D) the source of funding for such activity.
(3) A description and the quantity of any types of finished
intelligence products, or intelligence information reports, produced or
contributed to by a component of the Department of Homeland Security
that conducts intelligence activities during the period specified in
paragraph (1).
(4) An identification of any external or internal guidelines,
policies, processes, practices, or programs governing the collection,
retention, analysis, or dissemination by such a component of information
regarding United States citizens, lawful permanent residents of the
United States, or individuals located within the United States.
(c) Form.--The briefing under subsection (b) may be provided in classified
form.
(d) Additional Briefings.--Not later than 1 year after the date on which the
Chief Intelligence Officer provides the briefing under subsection (b) and not
less frequently than once each year thereafter, the Chief Intelligence Officer
shall provide the appropriate congressional committees a briefing on any new
intelligence activities commenced by any component of the Department of Homeland
Security and any that have been terminated.
SEC. 6820. REPORT ON DECLASSIFICATION EFFORTS OF CENTRAL INTELLIGENCE AGENCY.
Not later than 270 days after the date of the enactment of this Act, the
Inspector General of the Central Intelligence Agency shall submit to the
congressional intelligence committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee on Defense of
the Committee on Appropriations of the House of Representatives a report on the
declassification efforts of the Central Intelligence Agency. Such report shall
include--
(1) an identification of the resources that are dedicated to such
efforts; and
(2) an assessment as to whether such resources are sufficient.
SEC. 6821. REPORT ON NATIONAL SPACE INTELLIGENCE CENTER.
(a) Report.--Not later than March 1, 2023, the Director of National
Intelligence, in coordination with the Chief of Space Operations, shall submit
to the appropriate congressional committees a report on the National Space
Intelligence Center.
(b) Matters Included.--The report under subsection (a) shall include the
following:
(1) A description of the status of the National Space Intelligence
Center since the activation of the Center and the implications of the
Center being aligned under a Field Command rather than a field operating
agency aligned to the Director of Intelligence, Surveillance, and
Reconnaissance of the Space Force.
(2) A review of the ability of the Center to address the full set of
national space intelligence analytical demands (including with respect
to acquisition and operational mission requirements of the Space Force,
the Department of Defense, the intelligence community, and other
national customers) while being assigned as a subordinate to Space
Operations Command, a Field Command, including--
(A) an assessment of the ability of the Center to respond to
the broadest space intelligence requirements as compared to a
service specific need; and
(B) a review specifically addressing any perceived mission
misalignment, potential mitigating measures, or other structural
organization concerns.
(3) An assessment of--
(A) the current resourcing posture, including any additional
personnel required as a result of subordination to a Field
Command; and
(B) the resourcing posture if the Center were aligned to the
Director of Intelligence, Surveillance, and Reconnaissance of
the Space Force as described in paragraph (1).
(4) Lessons learned since unit activation, including with respect
to--
(A) organizational efficiencies and inefficiencies;
(B) financial implications;
(C) organizational redundancy;
(D) parity mismatch and synergies with other service
intelligence centers; and
(E) lessons learned through comparisons to other service
intelligence centers organized as a field operating agency and
aligned under the senior intelligence officer of the respective
Armed Force.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees.--In this section, the term
``appropriate congressional committees'' means the following:
(1) The congressional intelligence committees.
(2) The congressional defense committees (as defined in section
101(a)(16) of title 10, United States Code).
SEC. 6822. REPORT ON IMPLEMENTATION OF EXECUTIVE ORDER 13556, REGARDING
CONTROLLED UNCLASSIFIED INFORMATION.
(a) Definition of Appropriate Committees of Congress.--In this section, the
term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Subcommittee on Defense
of the Committee on Appropriations of the Senate; and
(3) the Committee on Armed Services and the Subcommittee on Defense
of the Committee on Appropriations of the House of Representatives.
(b) Report.--Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence and the Under Secretary of Defense
for Intelligence and Security, in coordination with the heads of other elements
of the intelligence community, shall submit to the appropriate committees of
Congress a report on the implementation by the intelligence community of
Executive Order 13556 (44 U.S.C. 3501 note; relating to controlled unclassified
information).
(c) Sense of Congress.--It is the sense of Congress that the National
Security Council should accelerate the process of revising or replacing
Executive Order 13556.
SEC. 6823. NATIONAL MUSEUM OF INTELLIGENCE AND SPECIAL OPERATIONS.
(a) Recognition.--The privately-funded museum to honor the intelligence
community and special operations forces that is planned to be constructed in
Ashburn, Virginia, may be recognized, upon completion, as the ``National Museum
of Intelligence and Special Operations''.
(b) Purposes.--The purpose of recognizing the National Museum of
Intelligence and Special Operations under subsection (a) are to--
(1) commemorate the members of the intelligence community and
special operations forces who have been critical to securing the Nation
against enemies of the United States for nearly a century;
(2) preserve and support the historic role that the intelligence
community and special operations forces have played, and continue to
play, both in secrecy as well as openly, to keep the United States and
its values and way of life secure; and
(3) foster a greater understanding of the intelligence community and
special operations forces to ensure a common understanding, dispel
myths, recognize those who are not otherwise able to be publicly
recognized, and increase science, technology, engineering, and math
education through museum programs designed to promote more interest and
greater diversity in recruiting with respect to the intelligence and
special operations career field.
SEC. 6824. TECHNICAL CORRECTIONS.
(a) National Security Act of 1947.--The National Security Act of 1947 (50
U.S.C. 3001 et seq.), as amended by this Act, is further amended as follows:
(1) In section 105(a)(1) (50 U.S.C. 3038(a)(1)), by striking
``chairman'' and inserting ``Chairman''.
(2) In section 113B(b) (50 U.S.C. 3049a(b))--
(A) in paragraph (1)(A), by striking ``Under Secretary of
Defense for Intelligence'' and inserting ``Under Secretary of
Defense for Intelligence and Security''; and
(B) in paragraph (4), by striking ``section 226 of the
Homeland Security Act of 2002 (6 U.S.C. 147)'' and inserting
``section 2208 of the Homeland Security Act of 2002 (6 U.S.C.
658)''.
(3) In section 118(a) (50 U.S.C. 3055(a)), by striking ``a annual''
and inserting ``an annual''.
(4) In section 301(j) (50 U.S.C. 3071(j)), by striking ``and
includes'' and inserting ``and including''.
(5) In section 506G(c) (50 U.S.C. 3103(c)), by striking ``pursuant
section'' and inserting ``pursuant to section''.
(6) In section 507(a)(1) (50 U.S.C. 3106(a)(1)), by striking
``Generals'' and inserting ``General''.
(7) In section 1024(g)(7)(A) (50 U.S.C. 3224(g)(7)(A)), by striking
``places'' and inserting ``place''.
(8) In section 1104(b)(1)(B) (50 U.S.C. 3234(b)(1)(B)), by striking
the period at the end and inserting a semicolon.
(b) Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization
Act for Fiscal Years 2018, 2019, and 2020.--The Damon Paul Nelson and Matthew
Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and
2020 (division E of Public Law 116-92) is amended--
(1) in section 5704(b)(1) (50 U.S.C. 3334b(b)(1)), by striking ``,
and subject to paragraph (3)'';
(2) in section 6316 (50 U.S.C. 3334b note), by striking
``congressional committees'' and inserting ``congressional intelligence
committees''; and
(3) in section 6604 (50 U.S.C. 3352c), by striking ``subsections (b)
and (c)'' both places it appears and inserting ``subsections (a) and
(b)''.
(c) Intelligence Authorization Act for Fiscal Year 2012.--Section 309(a)(5)
of the Intelligence Authorization Act for Fiscal Year 2012 (50 U.S.C. 3334e) is
amended by striking ``section 3542(b)'' and inserting ``section 3552''.
(d) Public Interest Declassification Act of 2000.--The Public Interest
Declassification Act of 2000 (50 U.S.C. 3355 et seq.) is amended--
(1) in section 703(a)(2) (50 U.S.C. 3355a(a)(2)), by striking
``Executive Order 12958'' and inserting ``Executive Order 13526'';
(2) in section 704(e)(3) (50 U.S.C. 3355b(e)(3)), by striking the
comma before ``shall'';
(3) in section 705(c) (50 U.S.C. 3355c(c)), by striking ``section
103(c)(6) of the National Security Act of 1947 (50 U.S.C. 403-3(c)(6))''
and inserting ``section 102A(i) of the National Security Act of 1947 (50
U.S.C. 3024(i))''; and
(4) in section 706 (50 U.S.C. 3355d), by striking ``Executive Order
No. 12958'' both places it appears and inserting ``Executive Order
13526''.
DIVISION G--HOMELAND SECURITY
TITLE LXXI--HOMELAND SECURITY MATTERS
Subtitle A--Strengthening Security in Our Communities
Sec. 7101. Enhancements to funding and administration of Nonprofit
Security Grant Program of the Department of
Homeland Security.
Sec. 7102. Preservation of homeland security capabilities.
Sec. 7103. School and daycare protection.
Sec. 7104. Cybersecurity grants for schools.
Sec. 7105. Transnational Criminal Investigative Unit Stipend.
Sec. 7106. Chemical Security Analysis Center.
Subtitle B--Strengthening DHS Management, Policymaking, and Operations
Sec. 7111. Joint Task Forces of the Department of Homeland Security.
Sec. 7112. Homeland Procurement Reform Act.
Sec. 7113. Daily public report of covered contract awards.
Sec. 7114. Preference for United States industry.
Sec. 7115. Department of Homeland Security mentor-protege program.
Sec. 7116. DHS economic security council.
Subtitle C--Enhancing Cybersecurity Training and Operations
Sec. 7121. President's Cup Cybersecurity Competition.
Sec. 7122. Industrial control systems cybersecurity training.
Sec. 7123. National Computer Forensics Institute reauthorization.
Sec. 7124. Report on cybersecurity roles and responsibilities of the
Department of Homeland Security.
Subtitle D--Enhancing Transportation and Border Security Operations
Sec. 7131. TSA reaching across nationalities, societies, and languages
to advance traveler education.
Sec. 7132. One-stop pilot program.
Sec. 7133. Report on efforts of the Department of Homeland Security to
deter vehicular terrorist attacks (Darren
Drake).
Sec. 7134. DHS illicit cross-border tunnel defense.
Sec. 7135. Providing training for U.S. Customs and Border Protection
personnel on the use of containment devices
to prevent secondary exposure to fentanyl
and other potentially lethal substances.
Sec. 7136. Reports, evaluations, and research regarding drug
interdiction at and between ports of entry.
Subtitle E--Technical Corrections, Conforming Changes, and Improvements
Sec. 7141. Quadrennial homeland security review technical corrections.
Sec. 7142. Technical, conforming, and clerical amendments.
Sec. 7143. CISA technical corrections and improvements.
Subtitle A--Strengthening Security in Our Communities
SEC. 7101. ENHANCEMENTS TO FUNDING AND ADMINISTRATION OF NONPROFIT SECURITY
GRANT PROGRAM OF THE DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--Section 2009 of the Homeland Security Act of 2002 (6 U.S.C.
609a) is amended--
(1) in subsection (a), by inserting ``or other threats'' before the
period at the end;
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``(a)''; and
(B) by amending paragraph (2) to read as follows:
``(2) determined by the Secretary to be at risk of terrorist attacks
or other threats.'';
(3) in subsection (c)--
(A) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (E), respectively, and moving such
subparagraphs, as so redesignated, two ems to the right;
(B) in the matter preceding subparagraph (A), as so
redesignated, by striking ``The recipient'' and inserting the
following:
``(1) In general.--The recipient'';
(C) in subparagraph (A), as so redesignated, by striking
``equipment and inspection and screening systems'' and inserting
``equipment, inspection and screening systems, and alteration or
remodeling of existing buildings or physical facilities'';
(D) by inserting after subparagraph (B), as so redesignated,
the following new subparagraphs:
``(C) Facility security personnel costs.
``(D) Expenses directly related to the administration of the
grant, except that those expenses may not exceed 5 percent of
the amount of the grant.''; and
(E) by adding at the end the following new paragraphs:
``(2) Retention.--Each State through which a recipient receives a
grant under this section may retain not more than 5 percent of each
grant for expenses directly related to the administration of the grant.
``(3) Outreach and technical assistance.--
``(A) In general.--If the Administrator establishes target
allocations in determining award amounts under the Program, a
State may request a project to use a portion of the target
allocation for outreach and technical assistance if the State
does not receive enough eligible applications from nonprofit
organizations located outside high-risk urban areas.
``(B) Priority.--Any outreach or technical assistance
described in subparagraph (A) should prioritize underserved
communities and nonprofit organizations that are traditionally
underrepresented in the Program.
``(C) Parameters.--In determining grant guidelines under
subsection (g), the Administrator may determine the parameters
for outreach and technical assistance.'';
(4) in subsection (e)--
(A) by striking ``2020 through 2024'' and inserting ``2022
through 2028'';
(B) by striking ``on the expenditure'' and inserting ``on
the following:
``(1) The expenditure''; and
(C) by adding at the end the following new paragraphs:
``(2) The number of applications submitted by eligible nonprofit
organizations to each State.
``(3) The number of applications submitted by each State to the
Administrator.
``(4) The operations of the program office of the Program, including
staffing resources and efforts with respect to subparagraphs (A) through
(D) of subsection (c)(1).''; and
(5) by striking subsection (f) and inserting the following new
subsections:
``(f) Administration.--Not later than 120 days after the date of enactment
of this subsection, the Administrator shall ensure that within the Federal
Emergency Management Agency a program office for the Program (in this subsection
referred to as the `program office') shall--
``(1) be headed by a senior official of the Agency; and
``(2) administer the Program (including, where appropriate, in
coordination with States), including relating to--
``(A) outreach, engagement, education, and technical
assistance and support to eligible nonprofit organizations
described in subsection (b), with particular attention to those
organizations in underserved communities, before, during, and
after the awarding of grants, including web-based training
videos for eligible nonprofit organizations that provide
guidance on preparing an application and the environmental
planning and historic preservation process;
``(B) the establishment of mechanisms to ensure program
office processes are conducted in accordance with
constitutional, statutory, and regulatory requirements that
protect civil rights and civil liberties and advance equal
access for members of underserved communities;
``(C) the establishment of mechanisms for the Administrator
to provide feedback to eligible nonprofit organizations that do
not receive grants;
``(D) the establishment of mechanisms to identify and
collect data to measure the effectiveness of grants under the
Program;
``(E) the establishment and enforcement of standardized
baseline operational requirements for States, including
requirements for States to eliminate or prevent any
administrative or operational obstacles that may impact eligible
nonprofit organizations described in subsection (b) from
receiving grants under the Program;
``(F) carrying out efforts to prevent waste, fraud, and
abuse, including through audits of grantees; and
``(G) promoting diversity in the types and locations of
eligible nonprofit organizations that are applying for grants
under the Program.
``(g) Grant Guidelines.--For each fiscal year, before awarding grants under
this section, the Administrator--
``(1) shall publish guidelines, including a notice of funding
opportunity or similar announcement, as the Administrator determines
appropriate; and
``(2) may prohibit States from closing application processes before
the publication of those guidelines.
``(h) Paperwork Reduction Act.--Chapter 35 of title 44, United States Code
(commonly known as the `Paperwork Reduction Act'), shall not apply to any
changes to the application materials, Program forms, or other core Program
documentation intended to enhance participation by eligible nonprofit
organizations in the Program.
``(i) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
$360,000,000 for each of fiscal years 2023 through 2028 for grants under
this section, of which--
``(A) $180,000,000 each such fiscal year shall be for
recipients in high-risk urban areas that receive funding under
section 2003; and
``(B) $180,000,000 each such fiscal year shall be for
recipients in jurisdictions that do not so receive such funding.
``(2) Operations and support.--There is authorized to be
appropriated $18,000,000 for each of fiscal years 2023 through 2028 for
Operations and Support at the Federal Emergency Management Agency for
costs incurred for the management and administration (including
evaluation) of this section.''.
(b) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall seek to enter into a
contract or other agreement with an independent research organization
pursuant to which the organization will conduct a study that analyzes
and reports on the following:
(A) The effectiveness of the Nonprofit Security Grant
Program established under section 2009(a) of the Homeland
Security Act 2002 (6 U.S.C. 609a(a)), as amended by subsection
(a), for preparedness against terrorist attacks or other
threats.
(B) The risk-based formula and allocations under such
Program.
(C) The risk profile of and any identifiable factors leading
to the low participation of traditionally underrepresented
groups and States under such Program.
(2) Submission.--The report required under paragraph (1) shall be
submitted to the Committee on Homeland Security and Governmental Affairs
of the Senate, the Committee on Homeland Security of the House of
Representatives, and the Committees on Appropriations of the Senate and
the House of Representatives.
(3) Funding.--The Administrator may use funding authorized under
subsection (j) of section 2009 of the Homeland Security Act of 2002 (6
U.S.C. 609a)), as amended by subsection (a), to carry out this
subsection.
(c) Technical and Conforming Amendments.--Section 2008 of the Homeland
Security Act of 2002 (6 U.S.C. 609) is amended--
(1) in subsection (c) by striking ``sections 2003 and 2004'' and
inserting ``sections 2003, 2004, and 2009''; and
(2) in subsection (e), by striking ``section 2003 or 2004'' and
inserting ``section 2003, 2004, or 2009''.
SEC. 7102. PRESERVATION OF HOMELAND SECURITY CAPABILITIES.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Appropriate congressional committees.--The term ``appropriate
congressional committees'' means the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives.
(3) Covered homeland security capability.--The term ``covered
homeland security capability'' means a homeland security capability
related to preventing, preparing for, protecting against, or responding
to acts of terrorism that--
(A) was developed or otherwise supported through grant
funding under the UASI before the current fiscal year; and
(B) is at risk of being reduced or eliminated without
additional Federal financial assistance.
(4) Covered urban area.--The term ``covered urban area'' means an
urban area that--
(A) during the current fiscal year did not receive grant
funding under the UASI; and
(B) requires continued Federal assistance for the purpose of
preserving a covered homeland security capability.
(5) Secretary.--The term ``Secretary'' means the Secretary of
Homeland Security.
(6) UASI.--The term ``UASI'' means the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604).
(b) Report and Proposal.--
(1) Submission to congress.--Not later than 18 months after the date
of the enactment of this Act, the Secretary, acting through the
Administrator, shall submit to the appropriate congressional committees
a report regarding covered homeland security capabilities, including a
proposal relating to providing Federal assistance to covered urban areas
to preserve such capabilities that is informed by the survey information
collected pursuant to subsection (c)--
(A) under which the Administrator would make Federal
financial assistance available for at least three consecutive
fiscal years to covered urban areas; and
(B) that would allow covered urban areas to transition to
other sources funding for such covered homeland security
capabilities.
(2) Requirements relating to uasi funds.--The proposal required
under paragraph (1) shall contain the following:
(A) A prohibition on a covered urban area that receives
Federal financial assistance described in paragraph (1)(A)
during a fiscal year from also receiving funds under the UASI
during such fiscal year.
(B) A requirement for a covered urban area to submit to the
Administrator notice of whether such covered urban area would
elect to receive--
(i) Federal financial assistance under paragraph
(1)(A); or
(ii) funding under the UASI.
(3) Analysis.--The report required under paragraph (1) shall include
the following:
(A) An analysis of whether providing additional Federal
financial assistance, as described in paragraph (1)(A), would
allow covered urban areas to preserve covered homeland security
capabilities on a long-term basis.
(B) An analysis of whether legislative changes to the UASI
are necessary to ensure urban areas receiving funds under the
UASI are able to preserve covered homeland security capabilities
on a long-term basis.
(4) Other contents of proposal.--The proposal required under
paragraph (1) shall--
(A) set forth eligibility criteria for covered urban areas
to receive Federal assistance described in paragraph (1)(A);
(B) identify annual funding levels that would be required to
provide such Federal assistance, in accordance with the survey
required under subsection (c); and
(C) consider a range of approaches to make such Federal
assistance available to covered urban areas, including--
(i) modifications to the UASI in a manner that would
not affect the availability of funding to urban areas
under the UASI;
(ii) the establishment of a competitive grant
program;
(iii) the establishment of a formula grant program;
and
(iv) a timeline for the implementation of any such
approach and, if necessary, a legislative proposal to
authorize any such approach.
(c) Survey.--In developing the proposal required under subsection (b), the
Administrator shall, to ascertain the scope of Federal financial assistance
required, survey the following:
(1) Urban areas that did not receive grant funding under the UASI
during the current fiscal year concerning covered homeland security
capabilities that are at risk of being reduced or eliminated without
additional Federal financial assistance.
(2) Urban areas that received grant funding under the UASI during
the current fiscal year, but did not receive such funding during at
least one fiscal year of the seven fiscal years immediately preceding
the current fiscal year.
(3) Any other urban areas the Secretary determines appropriate.
(d) Exemption.--The Secretary may exempt the Administrator from the
requirements of subchapter I of chapter 35 of title 44, United States Code
(commonly referred to as the ``Paperwork Reduction Act''), for purposes of
carrying out subsection (c) if the Secretary determines that complying with such
requirements would delay the development of the proposal required under
subsection (b).
(e) Rule of Construction.--Nothing in this section may be construed as
directing or authorizing the Administrator to implement the proposal required
under subsection (b).
SEC. 7103. SCHOOL AND DAYCARE PROTECTION.
(a) In General.--Not later than 180 days after the date of the enactment of
this Act and annually thereafter, the Secretary of Homeland Security shall
submit to the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the Senate a
report regarding the following:
(1) The Department of Homeland Security's activities, policies, and
plans to enhance the security of early childhood education programs,
elementary schools, and secondary schools during the preceding year that
includes information on the Department's activities through the Federal
School Safety Clearinghouse.
(2) Information on all structures or efforts within the Department
intended to bolster coordination among departmental components and
offices involved in carrying out paragraph (1) and, with respect to each
structure or effort, specificity on which components and offices are
involved and which component or office leads such structure or effort.
(3) A detailed description of the measures used to ensure privacy
rights, civil rights, and civil liberties protections in carrying out
these activities.
(b) Briefing.--Not later than 30 days after the submission of each report
required under subsection (a), the Secretary of Homeland Security shall provide
to the Committee on Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of Representatives a briefing
regarding such report and the status of efforts to carry out plans included in
such report for the preceding year.
(c) Definitions.--In this section, the terms ``early childhood education
program'', ``elementary school'', and ``secondary school'' have the meanings
given such terms in section 8101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801).
SEC. 7104. CYBERSECURITY GRANTS FOR SCHOOLS.
(a) In General.--Section 2220 of the Homeland Security Act of 2002 (6 U.S.C.
665f) is amended by adding at the end the following new subsection:
``(e) Grants and Cooperative Agreements.--The Director may award financial
assistance in the form of grants or cooperative agreements to States, local
governments, institutions of higher education (as such term is defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), nonprofit
organizations, and other non-Federal entities as determined appropriate by the
Director for the purpose of funding cybersecurity and infrastructure security
education and training programs and initiatives to--
``(1) carry out the purposes of CETAP; and
``(2) enhance CETAP to address the national shortfall of
cybersecurity professionals.''.
(b) Briefings.--Paragraph (2) of subsection (c) of section 2220 of the
Homeland Security Act of 2002 (6 U.S.C. 665f) is amended--
(1) by redesignating subparagraphs (C) and (D) as subparagraphs (D)
and (E) respectively; and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) information on any grants or cooperative agreements
made pursuant to subsection (e), including how any such grants
or cooperative agreements are being used to enhance
cybersecurity education for underserved populations or
communities;''.
SEC. 7105. TRANSNATIONAL CRIMINAL INVESTIGATIVE UNIT STIPEND.
(a) Short Title.--This section may be cited as the ``Transnational Criminal
Investigative Unit Stipend Act''.
(b) Stipends for Transnational Criminal Investigative Units.--
(1) In general.--Subtitle H of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the
following:
``SEC. 890C. TRANSNATIONAL CRIMINAL INVESTIGATIVE UNITS.
``(a) In General.--The Secretary, with the concurrence of the Secretary of
State, shall operate Transnational Criminal Investigative Units within Homeland
Security Investigations.
``(b) Composition.--Each Transnational Criminal Investigative Unit shall be
composed of trained foreign law enforcement officials who shall collaborate with
Homeland Security Investigations to investigate and prosecute individuals
involved in transnational criminal activity.
``(c) Vetting Requirement.--
``(1) In general.--Before entry into a Transnational Criminal
Investigative Unit, and at periodic intervals while serving in such a
unit, foreign law enforcement officials shall be required to pass
certain security evaluations, which may include a background check, a
polygraph examination, a urinalysis test, or other measures that the
Secretary determines to be appropriate.
``(2) Leahy vetting required.--No member of a foreign law
enforcement unit may join a Transnational Criminal Investigative Unit if
the Secretary, in coordination with the Secretary of State, has credible
information that such foreign law enforcement unit has committed a gross
violation of human rights, consistent with the limitations set forth in
section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d).
``(3) Approval and concurrence.--The establishment and continued
support of the Transnational Criminal Investigative Units who are
assigned under paragraph (1)--
``(A) shall be performed with the approval of the chief of
mission to the foreign country to which the personnel are
assigned;
``(B) shall be consistent with the duties and powers of the
Secretary of State and the chief of mission for a foreign
country under section 103 of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4802) and section 207 of
the Foreign Service Act of 1980 (22 U.S.C. 3927), respectively;
and
``(C) shall not be established without the concurrence of
the Assistant Secretary of State for International Narcotics and
Law Enforcement Affairs.
``(4) Report.--The Executive Associate Director of Homeland Security
Investigations shall submit a report to the Committee on Foreign
Relations of the Senate, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on the Judiciary of
the Senate, the Committee on Foreign Affairs of the House of
Representatives, the Committee on Homeland Security of the House of
Representatives, and the Committee on the Judiciary of the House of
Representatives that describes--
``(A) the procedures used for vetting Transnational Criminal
Investigative Unit members to include compliance with the
vetting required under this subsection; and
``(B) any additional measures that should be implemented to
prevent personnel in vetted units from being compromised by
criminal organizations.
``(d) Monetary Stipend.--The Executive Associate Director of Homeland
Security Investigations is authorized to pay vetted members of a Transnational
Criminal Investigative Unit a monetary stipend in an amount associated with
their duties dedicated to unit activities.
``(e) Annual Briefing.--The Executive Associate Director of Homeland
Security Investigations, during the 5-year period beginning on the date of the
enactment of this section, shall provide an annual unclassified briefing to the
congressional committees referred to in subsection (c)(4), which may include a
classified session, if necessary, that identifies--
``(1) the number of vetted members of Transnational Criminal
Investigative Unit in each country;
``(2) the amount paid in stipends to such members, disaggregated by
country;
``(3) relevant enforcement statistics, such as arrests and progress
made on joint investigations, in each such country; and
``(4) whether any vetted members of the Transnational Criminal
Investigative Unit in each country were involved in any unlawful
activity, including human rights abuses or significant acts of
corruption.''.
(2) Clerical amendment.--The table of contents for the Homeland
Security Act of 2002 (Public Law 107-296) is amended by inserting after
the item relating to section 890B the following:
``Sec. 890C. Transnational Criminal Investigative Units.''.
SEC. 7106. CHEMICAL SECURITY ANALYSIS CENTER.
(a) In General.--Title III of the Homeland Security Act of 2002 (6 U.S.C.
181 et seq.) is amended by adding at the end the following new section:
``SEC. 323. CHEMICAL SECURITY ANALYSIS CENTER.
``(a) In General.--The Secretary, acting through the Under Secretary for
Science and Technology, shall designate the laboratory described in subsection
(b) as an additional laboratory pursuant to the authority under section
308(c)(2), which shall be used to conduct studies, analyses, and research to
assess and address domestic chemical security events.
``(b) Laboratory Described.--The laboratory described in this subsection is
the laboratory known, as of the date of enactment of this section, as the
Chemical Security Analysis Center.
``(c) Laboratory Activities.--Pursuant to the authority under section
302(4), the Chemical Security Analysis Center shall--
``(1) identify and develop approaches and mitigation strategies to
domestic chemical security threats, including the development of
comprehensive, research-based definable goals relating to such
approaches and mitigation strategies;
``(2) provide an enduring science-based chemical threat and hazard
analysis capability;
``(3) provide expertise regarding risk and consequence modeling,
chemical sensing and detection, analytical chemistry, acute chemical
toxicology, synthetic chemistry and reaction characterization, and
nontraditional chemical agents and emerging chemical threats;
``(4) staff and operate a technical assistance program that provides
operational support and subject matter expertise, design and execute
laboratory and field tests, and provide a comprehensive knowledge
repository of chemical threat information that is continuously updated
with data from scientific, intelligence, operational, and private sector
sources;
``(5) consult, as appropriate, with the Countering Weapons of Mass
Destruction Office of the Department to mitigate, prepare, and respond
to threats, hazards, and risks associated with domestic chemical
security events; and
``(6) carry out such other activities authorized under this section
as the Secretary determines appropriate.
``(d) Special Rule.--Nothing in this section amends, alters, or affects--
``(1) the responsibilities of the Countering Weapons of Mass
Destruction Office of the Department; or
``(2) the activities or requirements authorized to other entities
within the Federal Government, including the activities and requirements
of the Environmental Protection Agency under section 112(r) of the Clean
Air Act (42 U.S.C. 7412(r)), the Toxic Substances Control Act (15 U.S.C.
2601 et seq.), and the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (commonly referred to as
`Superfund'; 42 U.S.C. 9601 et seq.).''.
(b) Technical and Conforming Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by inserting after the item
relating to section 322 the following new item:
``Sec. 323. Chemical Security Analysis Center.''.
Subtitle B--Strengthening DHS Management, Policymaking, and Operations
SEC. 7111. JOINT TASK FORCES OF THE DEPARTMENT OF HOMELAND SECURITY.
(a) Short Title.--This section may be cited as the ``DHS Joint Task Forces
Reauthorization Act of 2022''.
(b) Dhs Joint Task Forces.--Subsection (b) of section 708 of the Homeland
Security Act of 2002 (6 U.S.C. 348) is amended--
(1) by amending paragraph (8) to read as follows:
``(8) Joint task force staff.--
``(A) In general.--Each Joint Task Force shall have a staff,
composed of personnel from relevant components and offices of
the Department, to assist the Director of such Joint Task Force
in carrying out the mission and responsibilities of such Joint
Task Force.
``(B) Report.--The Secretary shall include in the report
submitted under paragraph (6)(F)--
``(i) the number of personnel of each component or
office permanently assigned to each Joint Task Force;
and
``(ii) the number of personnel of each component or
office assigned on a temporary basis to each Joint Task
Force.'';
(2) in paragraph (9)--
(A) in the heading, by striking ``establishment'' and
inserting ``mission; establishment'';
(B) by amending subparagraph (A) to read as follows:
``(A) using leading practices in performance management and
lessons learned by other law enforcement task forces and joint
operations, establish--
``(i) the mission, strategic goals, and objectives
of each Joint Task Force;
``(ii) the criteria for terminating each Joint Task
Force; and
``(iii) outcome-based and other appropriate
performance metrics for evaluating the effectiveness of
each Joint Task Force with respect to the mission,
strategic goals, and objectives established pursuant to
clause (i), including--
``(I) targets for each Joint Task Force to
achieve by not later than one and three years
after such establishment; and
``(II) a description of the methodology used
to establish such metrics;'';
(C) in subparagraph (B)--
(iii) by striking ``date of the enactment of this
section'' and insert ``date of the enactment of the DHS
Joint Task Forces Reauthorization Act of 2022'';
(iv) by inserting ``mission, strategic goals,
objectives, and'' before ``metrics''; and
(v) by striking the period at the end and inserting
``; and''; and
(D) by amending subparagraph (C) to read as follows:
``(C) not later than one year after the date of the
enactment of the DHS Joint Task Forces Reauthorization Act of
2022 and annually thereafter, submit to the committees specified
in subparagraph (B) a report that contains information on the
progress in implementing the outcome-based and other appropriate
performance metrics established pursuant to subparagraph
(A)(iii).'';
(3) in paragraph (11)--
(A) in the heading, by inserting ``or termination'' after
``formation''; and
(B) by amending subparagraph (A) to read as follows:
``(A) In general.--Not later than seven days after
establishing or terminating a Joint Task Force under this
subsection, the Secretary shall submit to the majority leader of
the Senate, the minority leader of the Senate, the Speaker of
the House of Representatives, the majority leader of the House
of Representatives, the minority leader of the House of
Representatives, and the Committee on Homeland Security and the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science, and
Transportation of the Senate a notification regarding such
establishment or termination, as the case may be. The contents
of any such notification shall include the following:
``(i) The criteria and conditions required to
establish or terminate the Joint Task Force at issue.
``(ii) The primary mission, strategic goals,
objectives, and plan of operations of such Joint Task
Force.
``(iii) If such notification is a notification of
termination, information on the effectiveness of such
Joint Task Force as measured by the outcome-based
performance metrics and other appropriate performance
metrics established pursuant to paragraph (9)(A)(iii).
``(iv) The funding and resources required to
establish or terminate such Joint Task Force.
``(v) The number of personnel of each component or
office permanently assigned to such Joint Task Force.
``(vi) The number of personnel of each component and
office assigned on a temporary basis to such Joint Task
Force.
``(vii) If such notification is a notification of
establishment, the anticipated costs of establishing and
operating such Joint Task Force.
``(viii) If such notification is a notification of
termination, funding allocated in the immediately
preceding fiscal year to such Joint Task Force for--
``(I) operations, notwithstanding such
termination; and
``(II) activities associated with such
termination.
``(ix) The anticipated establishment or actual
termination date of such Joint Task Force, as the case
may be.'';
(4) in paragraph (12)--
(A) in subparagraph (A)--
(i) by striking ``January 31, 2018, and January 31,
2021, the Inspector General of the Department'' and
inserting ``one year after the date of the enactment of
the DHS Joint Task Forces Reauthorization Act of 2022,
the Comptroller General of the United States''; and
(ii) by inserting ``an assessment of the
effectiveness of the Secretary's utilization of the
authority provided under this section for the purposes
specified in subsection (b)(2) as among the range of
options available to the Secretary to conduct joint
operations among departmental components and offices
and'' before ``a review of the Joint Task Forces''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by striking
``reviews'' and inserting ``review''; and
(ii) by amending clauses (i) and (ii) to read as
follows:
``(i) an assessment of methodology utilized to
determine whether to establish or terminate each Joint
Task Force; and
``(ii) an assessment of the effectiveness of
oversight over each Joint Task Force, with specificity
regarding the Secretary's utilization of outcome-based
or other appropriate performance metrics (established
pursuant to paragraph (9)(A)(iii)) to evaluate the
effectiveness of each Joint Task Force in measuring
progress with respect to the mission, strategic goals,
and objectives (established pursuant to paragraph
(9)(A)(i)) of such Joint Task Force.''; and
(5) in paragraph (13), by striking ``2022'' and inserting ``2024''.
SEC. 7112. HOMELAND PROCUREMENT REFORM ACT.
(a) In General.--Subtitle D of title VIII of the Homeland Security Act of
2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the following new
section:
``SEC. 836. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED TO NATIONAL SECURITY
INTERESTS.
``(a) Definitions.--In this section:
``(1) Covered item.--The term `covered item' means any of the
following:
``(A) Footwear provided as part of a uniform.
``(B) Uniforms.
``(C) Holsters and tactical pouches.
``(D) Patches, insignia, and embellishments.
``(E) Chemical, biological, radiological, and nuclear
protective gear.
``(F) Body armor components intended to provide ballistic
protection for an individual, consisting of 1 or more of the
following:
``(i) Soft ballistic panels.
``(ii) Hard ballistic plates.
``(iii) Concealed armor carriers worn under a
uniform.
``(iv) External armor carriers worn over a uniform.
``(G) Any other item of clothing or protective equipment as
determined appropriate by the Secretary.
``(2) Frontline operational component.--The term `frontline
operational component' means any of the following entities of the
Department:
``(A) U.S. Customs and Border Protection.
``(B) U.S. Immigration and Customs Enforcement.
``(C) The United States Secret Service.
``(D) The Transportation Security Administration.
``(E) The Federal Protective Service.
``(F) The Federal Emergency Management Agency.
``(G) The Federal Law Enforcement Training Centers.
``(H) The Cybersecurity and Infrastructure Security Agency.
``(b) Requirements.--
``(1) In general.--The Secretary shall ensure that any procurement
of a covered item for a frontline operational component meets the
following criteria:
``(A)(i) To the maximum extent possible, not less than one-
third of funds obligated in a specific fiscal year for the
procurement of such covered items shall be covered items that
are manufactured or supplied in the United States by entities
that qualify as small business concerns, as such term is
described under section 3 of the Small Business Act (15 U.S.C.
632).
``(ii) Covered items may only be supplied pursuant to
subparagraph (A) to the extent that United States entities that
qualify as small business concerns--
``(I) are unable to manufacture covered items in the
United States; and
``(II) meet the criteria identified in subparagraph
(B).
``(B) Each contractor with respect to the procurement of
such a covered item, including the end-item manufacturer of such
a covered item--
``(i) is an entity registered with the System for
Award Management (or successor system) administered by
the General Services Administration; and
``(ii) is in compliance with ISO 9001:2015 of the
International Organization for Standardization (or
successor standard) or a standard determined appropriate
by the Secretary to ensure the quality of products and
adherence to applicable statutory and regulatory
requirements.
``(C) Each supplier of such a covered item with an insignia
(such as any patch, badge, or emblem) and each supplier of such
an insignia, if such covered item with such insignia or such
insignia, as the case may be, is not produced, applied, or
assembled in the United States, shall--
``(i) store such covered item with such insignia or
such insignia in a locked area;
``(ii) report any pilferage or theft of such covered
item with such insignia or such insignia occurring at
any stage before delivery of such covered item with such
insignia or such insignia; and
``(iii) destroy any such defective or unusable
covered item with insignia or insignia in a manner
established by the Secretary, and maintain records, for
three years after the creation of such records, of such
destruction that include the date of such destruction, a
description of the covered item with insignia or
insignia destroyed, the quantity of the covered item
with insignia or insignia destroyed, and the method of
destruction.
``(2) Waiver.--
``(A) In general.--In the case of a national emergency
declared by the President under the National Emergencies Act (50
U.S.C. 1601 et seq.) or a major disaster declared by the
President under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170), the
Secretary may waive a requirement in subparagraph (A), (B) or
(C) of paragraph (1) if the Secretary determines there is an
insufficient supply of a covered item that meets such
requirement.
``(B) Notice.--Not later than 60 days after the date on
which the Secretary determines a waiver under subparagraph (A)
is necessary, the Secretary shall provide to the Committee on
Homeland Security and Governmental Affairs and the Committee on
Appropriations of the Senate and the Committee on Homeland
Security, the Committee on Oversight and Reform, and the
Committee on Appropriations of the House of Representatives
notice of such determination, which shall include the following:
``(i) Identification of the national emergency or
major disaster declared by the President.
``(ii) Identification of the covered item for which
the Secretary intends to issue the waiver.
``(iii) A description of the demand for the covered
item and corresponding lack of supply from contractors
able to meet the criteria described in subparagraph (B)
or (C) of paragraph (1).
``(c) Pricing.--The Secretary shall ensure that covered items are purchased
at a fair and reasonable price, consistent with the procedures and guidelines
specified in the Federal Acquisition Regulation.
``(d) Report.--Not later than one year after the date of the enactment of
this section and annually thereafter, the Secretary shall provide to the
Committee on Homeland Security, the Committee on Oversight and Reform, the
Committee on Small Business, and the Committee on Appropriations of the House of
Representatives, and the Committee on Homeland Security and Governmental
Affairs, the Committee on Small Business and Entrepreneurship, and the Committee
on Appropriations of the Senate a briefing on instances in which vendors have
failed to meet deadlines for delivery of covered items and corrective actions
taken by the Department in response to such instances.
``(e) Effective Date.--This section applies with respect to a contract
entered into by the Department or any frontline operational component on or
after the date that is 180 days after the date of the enactment of this
section.''.
(b) Study.--
(1) In general.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the House of
Representatives a study of the adequacy of uniform allowances provided
to employees of frontline operational components (as such term is
defined in section 836 of the Homeland Security Act of 2002, as added by
subsection (a)).
(2) Requirements.--The study conducted under paragraph (1) shall--
(A) be informed by a Department-wide survey of employees
from across the Department of Homeland Security who receive
uniform allowances that seeks to ascertain what, if any,
improvements could be made to the current uniform allowances and
what, if any, impacts current allowances have had on employee
morale and retention;
(B) assess the adequacy of the most recent increase made to
the uniform allowance for first year employees; and
(C) consider increasing by 50 percent, at minimum, the
annual allowance for all other employees.
(c) Additional Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall provide
a report with recommendations on how the Department of Homeland Security
could procure additional items from domestic sources and bolster the
domestic supply chain for items related to national security to--
(A) the Committee on Homeland Security and Governmental
Affairs, the Committee on Small Business and Entrepreneurship,
and the Committee on Appropriations of the Senate; and
(B) the Committee on Homeland Security, the Committee on
Oversight and Reform, the Committee on Small Business, and the
Committee on Appropriations of the House of Representatives.
(2) Contents.--The report required under paragraph (1) shall include
the following:
(A) A review of the compliance of the Department of Homeland
Security with the requirements under section 604 of title VI of
division A of the American Recovery and Reinvestment Act of 2009
(6 U.S.C. 453b) to buy certain items related to national
security interests from sources in the United States.
(B) An assessment of the capacity of the Department of
Homeland Security to procure the following items from domestic
sources:
(i) Personal protective equipment and other items
necessary to respond to a pandemic such as that caused
by COVID-19.
(ii) Helmets that provide ballistic protection and
other head protection and components.
(iii) Rain gear, cold weather gear, and other
environmental and flame resistant clothing.
(d) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by
inserting after the item relating to section 835 the following:
``Sec. 836. Requirements to buy certain items related to national
security interests.''.
SEC. 7113. DAILY PUBLIC REPORT OF COVERED CONTRACT AWARDS.
(a) Daily Contract Reporting Requirements.--
(1) Report.--
(A) In general.--The Secretary shall post, maintain, and
update in accordance with paragraph (2), on a publicly available
website of the Department, a daily report of all covered
contract awards.
(B) Contents.--Each report under this paragraph shall
include, for each covered contract award, information relating
to the following:
(i) The contract number, modification number, or
delivery order number.
(ii) The contract type.
(iii) The amount obligated for the award.
(iv) The total contract value for the award,
including all options.
(v) The description of the purpose for the award.
(vi) The number of proposals or bids received.
(vii) The name and address of the vendor, and
whether the vendor is a small business.
(viii) The period and primary place of performance
for the award.
(ix) Whether the award is multiyear.
(x) The contracting office.
(2) Update.--The Secretary shall make updates referred to in
paragraph (1) not later than five business days after the date on which
a covered contract is authorized or modified.
(3) Effective date.--Paragraph (1) shall take effect on the date
that is 180 days after the date of the enactment of this Act.
(b) Undefinitized Contract Action or Definitized Amount.--If a covered
contract award reported under subsection (a) includes an undefinitized contract
action, the Secretary shall--
(1) report the estimated total contract value for the award and the
amount obligated upon award; and
(2) once there is a definitized amount for the award, update the
total contract value and amount obligated.
(c) Exemption.--Each report required under subsection (a) shall not include
covered contract awards for which synopsis was exempted under section
5.202(a)(1) of the Federal Acquisition Regulation, or any successor thereto.
(d) Definitions.--In this section:
(1) Covered contract award.--The term ``covered contract award''--
(A) means a contract action of the Department with a total
contract value of not less than $4,000,000, including
unexercised options; and
(B) includes--
(i) contract awards governed by the Federal
Acquisition Regulation;
(ii) modifications to a contract award that increase
the total value, expand the scope of work, or extend the
period of performance;
(iii) orders placed on a multiple-award or multiple-
agency contract that includes delivery or quantity terms
that are indefinite;
(iv) other transaction authority agreements; and
(v) contract awards made with other than full and
open competition.
(2) Definitized amount.--The term ``definitized amount'' means the
final amount of a covered contract award after agreement between the
Department and the contractor at issue.
(3) Department.--The term ``Department'' means the Department of
Homeland Security.
(4) Secretary.--The term ``Secretary'' means the Secretary of
Homeland Security.
(5) Small business.--The term ``small business'' means an entity
that qualifies as a small business concern, as defined under section 3
of the Small Business Act (15 U.S.C. 632).
(6) Total contract value.--The term ``total contract value'' means
the total amount of funds expected to be provided to the contractor at
issue under the terms of the contract through the full period of
performance.
(7) Undefinitized contract action.--The term ``undefinitized
contract action'' means any contract action for which the contract
terms, specifications, or price is not established prior to the start of
the performance of the covered contract award.
(e) Sunset.--This section shall cease to have force or effect on the date
that is five years after the date of the enactment of this Act.
SEC. 7114. PREFERENCE FOR UNITED STATES INDUSTRY.
Section 308 of the Homeland Security Act of 2002 (6 U.S.C. 188) is amended
by adding at the end the following new subsection:
``(d) Preference for United States Industry.--
``(1) Definitions.--In this subsection:
``(A) Country of concern.--The term `country of concern'
means a country that--
``(i) is a covered nation, as such term is defined
in section 4872(d) of title 10, United States Code; or
``(ii) the Secretary determines is engaged in
conduct that is detrimental to the national security of
the United States.
``(B) Nonprofit organization; small business firm; subject
invention.--The terms `nonprofit organization', `small business
firm', and `subject invention' have the meanings given such
terms in section 201 of title 35, United States Code.
``(C) Manufactured substantially in the united states.--The
term `manufactured substantially in the United States' means an
item is a domestic end product.
``(D) Domestic end product.--The term `domestic end product'
has the meaning given such term in section 25.003 of title 48,
Code of Federal Regulations, or any successor thereto.
``(3) Waivers.--
``(A) In general.--Subject to subparagraph (B), in
individual cases, the requirements under section 204 of title
35, United States Code, may be waived by the Secretary upon a
showing by the small business firm, nonprofit organization, or
assignee that reasonable but unsuccessful efforts have been made
to grant licenses on similar terms to potential licensees that
would be likely to manufacture substantially in the United
States or that under the circumstances domestic manufacture is
not commercially feasible.
``(B) Conditions on waivers granted by department.--
``(i) Before grant of waiver.--Before granting a
waiver under subparagraph (A), the Secretary shall
comply with the procedures developed and implemented by
the Department pursuant to section 70923(b)(2) of the
Build America, Buy America Act (enacted as subtitle A of
title IX of division G of Public Law 117-58).
``(ii) Prohibition on granting certain waivers.--The
Secretary may not grant a waiver under subparagraph (A)
if, as a result of such waiver, products embodying the
applicable subject invention, or produced through the
use of the applicable subject invention, would be
manufactured substantially in a country of concern.''.
SEC. 7115. DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTEGE PROGRAM.
(a) In General.--Subtitle H of title VIII of the Homeland Security Act of
2002 (6 U.S.C. 451 et seq.), as amended by subtitle A, is further amended by
adding at the end the following new section:
``SEC. 890D. MENTOR-PROTEGE PROGRAM.
``(a) Establishment.--There is established in the Department a mentor-
protege program (in this section referred to as the `Program') under which a
mentor firm enters into an agreement with a protege firm for the purpose of
assisting the protege firm to compete for prime contracts and subcontracts of
the Department.
``(b) Eligibility.--The Secretary shall establish criteria for mentor firms
and protege firms to be eligible to participate in the Program, including a
requirement that a firm is not included on any list maintained by the Federal
Government of contractors that have been suspended or debarred.
``(c) Program Application and Approval.--
``(1) Application.--The Secretary, acting through the Office of
Small and Disadvantaged Business Utilization of the Department, shall
establish a process for submission of an application jointly by a mentor
firm and the protege firm selected by the mentor firm. The application
shall include each of the following:
``(A) A description of the assistance to be provided by the
mentor firm, including, to the extent available, the number and
a brief description of each anticipated subcontract to be
awarded to the protege firm.
``(B) A schedule with milestones for achieving the
assistance to be provided over the period of participation in
the Program.
``(C) An estimate of the costs to be incurred by the mentor
firm for providing assistance under the Program.
``(D) Attestations that Program participants will submit to
the Secretary reports at times specified by the Secretary to
assist the Secretary in evaluating the protege firm's
developmental progress.
``(E) Attestations that Program participants will inform the
Secretary in the event of a change in eligibility or voluntary
withdrawal from the Program.
``(2) Approval.--Not later than 60 days after receipt of an
application pursuant to paragraph (1), the head of the Office of Small
and Disadvantaged Business Utilization shall notify applicants of
approval or, in the case of disapproval, the process for resubmitting an
application for reconsideration.
``(3) Rescission.--The head of the Office of Small and Disadvantaged
Business Utilization may rescind the approval of an application under
this subsection if it determines that such action is in the best
interest of the Department.
``(d) Program Duration.--A mentor firm and protege firm approved under
subsection (c) shall enter into an agreement to participate in the Program for a
period of not less than 36 months.
``(e) Program Benefits.--A mentor firm and protege firm that enter into an
agreement under subsection (d) may receive the following Program benefits:
``(1) With respect to an award of a contract that requires a
subcontracting plan, a mentor firm may receive evaluation credit for
participating in the Program.
``(2) With respect to an award of a contract that requires a
subcontracting plan, a mentor firm may receive credit for a protege firm
performing as a first tier subcontractor or a subcontractor at any tier
in an amount equal to the total dollar value of any subcontracts awarded
to such protege firm.
``(3) A protege firm may receive technical, managerial, financial,
or any other mutually agreed upon benefit from a mentor firm, including
a subcontract award.
``(f) Reporting.--Not later than one year after the date of the enactment of
this section and annually thereafter, the head of the Office of Small and
Disadvantaged Business Utilization shall submit to the Committee on Homeland
Security and Governmental Affairs and the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Homeland Security and the
Committee on Small Business of the House of Representatives a report that--
``(1) identifies each agreement between a mentor firm and a protege
firm entered into under this section, including the number of protege
firm participants that are--
``(A) small business concerns;
``(B) small business concerns owned and controlled by
veterans;
``(C) small business concerns owned and controlled by
service-disabled veterans;
``(D) qualified HUBZone small business concerns;
``(E) small business concerns owned and controlled by
socially and economically disadvantaged individuals;
``(F) small business concerns owned and controlled by women;
``(G) historically Black colleges and universities; and
``(H) minority-serving institutions;
``(2) describes the type of assistance provided by mentor firms to
protege firms;
``(3) identifies contracts within the Department in which a mentor
firm serving as the prime contractor provided subcontracts to a protege
firm under the Program; and
``(4) assesses the degree to which there has been--
``(A) an increase in the technical capabilities of protege
firms; and
``(B) an increase in the quantity and estimated value of
prime contract and subcontract awards to protege firms for the
period covered by the report.
``(g) Rule of Construction.--Nothing in this section may be construed to
limit, diminish, impair, or otherwise affect the authority of the Department to
participate in any program carried out by or requiring approval of the Small
Business Administration or adopt or follow any regulation or policy that the
Administrator of the Small Business Administration may promulgate, except that,
to the extent that any provision of this section (including subsection (h))
conflicts with any other provision of law, regulation, or policy, this section
shall control.
``(h) Definitions.--In this section:
``(1) Historically black college or university.--The term
`historically Black college or university' has the meaning given the
term `part B institution' in section 322 of the Higher Education Act of
1965 (20 U.S.C. 1061).
``(2) Mentor firm.--The term `mentor firm' means a for-profit
business concern that is not a small business concern that--
``(A) has the ability to assist and commits to assisting a
protege to compete for Federal prime contracts and subcontracts;
and
``(B) satisfies any other requirements imposed by the
Secretary.
``(3) Minority-serving institution.--The term `minority-serving
institution' means an institution of higher education described in
section 317 of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
``(4) Protege firm.--The term `protege firm' means a small business
concern, a historically Black college or university, or a minority-
serving institution that--
``(A) is eligible to enter into a prime contract or
subcontract with the Department; and
``(B) satisfies any other requirements imposed by the
Secretary.
``(5) Small business act definitions.--The terms `small business
concern', `small business concern owned and controlled by veterans',
`small business concern owned and controlled by service-disabled
veterans', `qualified HUBZone small business concern', `and small
business concern owned and controlled by women' have the meanings given
such terms, respectively, under section 3 of the Small Business Act (15
U.S.C. 632). The term `small business concern owned and controlled by
socially and economically disadvantaged individuals' has the meaning
given such term in section 8(d)(3)(C) of the Small Business Act (15
U.S.C. 637(d)(3)(C)).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by inserting after the item relating to
section 890C (as added by subtitle A) the following new item:
``Sec. 890D. Mentor-protege program.''.
SEC. 7116. DHS ECONOMIC SECURITY COUNCIL.
(a) Establishment of the Council.--
(1) Definitions.--In this subsection:
(A) Council.--The term ``Council'' means the council
established under paragraph (2).
(B) Department.--The term ``Department'' means the
Department of Homeland Security.
(C) Economic security.--The term ``economic security'' has
the meaning given such term in section 890B(c)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 474(c)(2)).
(D) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(2) Establishment.--In accordance with the mission of the Department
under section 101(b) of the Homeland Security Act of 2002 (6 U.S.C.
111(b)), and in particular paragraph (1)(F) of such section, the
Secretary shall establish a standing council of Department component
heads or their designees, to carry out the duties described in paragraph
(3).
(3) Duties of the council.--Pursuant to the scope of the mission of
the Department as described in paragraph (2), the Council shall provide
to the Secretary advice and recommendations on matters of economic
security, including relating to the following:
(A) Identifying concentrated risks for trade and economic
security.
(B) Setting priorities for securing the trade and economic
security of the United States.
(C) Coordinating Department-wide activity on trade and
economic security matters.
(D) With respect to the development of the continuity of the
economy plan of the President under section 9603 of the William
M. (Mac) Thornberry National Defense Authorization Act of Fiscal
Year 2021 (6 U.S.C. 322).
(E) Proposing statutory and regulatory changes impacting
trade and economic security.
(F) Any other matters the Secretary considers appropriate.
(4) Chair and vice chair.--The Under Secretary for Strategy, Policy,
and Plans of the Department--
(A) shall serve as Chair of the Council; and
(B) may designate a Council member as a Vice Chair.
(5) Meetings.--The Council shall meet not less frequently than
quarterly, as well as--
(A) at the call of the Chair; or
(B) at the direction of the Secretary.
(6) Briefings.--Not later than 180 days after the date of the
enactment of this Act and every 180 days thereafter for four years, the
Council shall brief the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Homeland Security of the House
of Representatives, the Committee on Finance of the Senate, the
Committee on Ways and Means of the House of Representatives, the
Committee on Commerce, Science, and Transportation of the Senate, and
Committee on Energy and Commerce of the House of Representatives on the
actions and activities of the Council.
(b) Assistant Secretary.--Section 709 of the Homeland Security Act of 2002
(6 U.S.C. 349) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new subsection:
``(g) Assistant Secretary.--
``(1) In general.--There is established within the Office of
Strategy, Policy, and Plans an Assistant Secretary, who shall assist the
Secretary in carrying out the duties under paragraph (2) and the
responsibilities under paragraph (3). Notwithstanding section 103(a)(1),
the Assistant Secretary established under this paragraph shall be
appointed by the President without the advice and consent of the Senate.
``(2) Duties.--At the direction of the Secretary, the Assistant
Secretary established under paragraph (1) shall be responsible for
policy formulation regarding matters relating to economic security and
trade, as such matters relate to the mission and the operations of the
Department.
``(3) Additional responsibilities.--In addition to the duties
specified in paragraph (2), the Assistant Secretary established under
paragraph (1), at the direction of the Secretary, may--
``(A) oversee--
``(i) coordination of supply chain policy; and
``(ii) assessments and reports to Congress related
to critical economic security domains;
``(B) coordinate with stakeholders in other Federal
departments and agencies and nongovernmental entities with trade
and economic security interests, authorities, and
responsibilities; and
``(C) perform such additional duties as the Secretary or the
Under Secretary of Strategy, Policy, and Plans may prescribe.
``(4) Definitions.--In this subsection:
``(A) Critical economic security domain.--The term `critical
economic security domain' means any infrastructure, industry,
technology, or intellectual property (or combination thereof)
that is essential for the economic security of the United
States.
``(B) Economic security.--The term `economic security' has
the meaning given such term in section 890B(c)(2).''.
(c) Rule of Construction.--Nothing in this section or the amendments made by
this section may be construed to affect or diminish the authority otherwise
granted to any other officer of the Department of Homeland Security.
Subtitle C--Enhancing Cybersecurity Training and Operations
SEC. 7121. PRESIDENT'S CUP CYBERSECURITY COMPETITION.
(a) In General.--The Director of the Cybersecurity and Infrastructure
Security Agency (in this section referred to as the ``Director'') of the
Department of Homeland Security is authorized to hold an annual cybersecurity
competition to be known as the ``Department of Homeland Security Cybersecurity
and Infrastructure Security Agency's President's Cup Cybersecurity Competition''
(in this section referred to as the ``competition'') for the purpose of
identifying, challenging, and competitively awarding prizes, including cash
prizes, to the United States Government's best cybersecurity practitioners and
teams across offensive and defensive cybersecurity disciplines.
(b) Eligibility.--To be eligible to participate in the competition, an
individual shall be a Federal civilian employee or member of the uniformed
services (as such term is defined in section 2101(3) of title 5, United States
Code) and shall comply with any rules promulgated by the Director regarding the
competition.
(c) Competition Administration.--The Director may enter into a grant,
contract, cooperative agreement, or other agreement with a private sector for-
profit or nonprofit entity or State or local government agency to administer the
competition.
(d) Competition Parameters.--Each competition shall incorporate the
following elements:
(1) Cybersecurity skills outlined in the National Initiative for
Cybersecurity Education Framework, or any successor framework.
(2) Individual and team events.
(3) Categories demonstrating offensive and defensive cyber
operations, such as software reverse engineering and exploitation,
network operations, forensics, big data analysis, cyber analysis, cyber
defense, cyber exploitation, secure programming, obfuscated coding, or
cyber-physical systems.
(4) Any other elements related to paragraphs (1), (2), or (3), as
determined necessary by the Director.
(e) Use of Funds.--
(1) In general.--In order to further the goals and objectives of the
competition, the Director may use amounts made available to the Director
for the competition for reasonable expenses for the following:
(A) Advertising, marketing, and promoting the competition.
(B) Meals for participants and organizers of the competition
if attendance at the meal during the competition is necessary to
maintain the integrity of the competition.
(C) Promotional items, including merchandise and apparel.
(D) Consistent with section 4503 of title 5, United States
Code, necessary expenses for the honorary recognition of
competition participants, including members of the uniformed
services.
(E) Monetary and nonmonetary awards for competition
participants, including members of the uniformed services,
subject to subsection (f).
(2) Application.--This subsection shall apply to amounts
appropriated on or after the date of the enactment of this Act.
(f) Prize Limitation.--
(1) Awards by the director.--The Director may make one or more
awards per competition, except that the amount or value of each shall
not exceed $10,000.
(2) Awards by the secretary of homeland security.--The Secretary of
Homeland Security may make one or more awards per competition, except
the amount or the value of each shall not exceed $25,000.
(3) Regular pay.--A monetary award under this section shall be in
addition to the regular pay of the recipient.
(4) Overall yearly award limit.--The total amount or value of awards
made under this Act during a fiscal year may not exceed $100,000.
(g) Reporting Requirements.--The Director shall annually provide to the
Committee on Homeland Security of the House of Representatives and the Committee
on Homeland Security and Governmental Affairs of the Senate a report that
includes the following with respect to each competition conducted in the
preceding year:
(1) A description of available amounts.
(2) A description of authorized expenditures.
(3) Information relating to participation.
(4) Information relating to lessons learned, and how such lessons
may be applied to improve cybersecurity operations and recruitment of
the Cybersecurity and Infrastructure Security Agency of the Department
of Homeland Security.
SEC. 7122. INDUSTRIAL CONTROL SYSTEMS CYBERSECURITY TRAINING.
(a) In General.--Subtitle A of title XXII of the Homeland Security Act of
2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the following new
section:
``SEC. 2220E. INDUSTRIAL CONTROL SYSTEMS CYBERSECURITY TRAINING INITIATIVE.
``(a) Establishment.--
``(1) In general.--The Industrial Control Systems Cybersecurity
Training Initiative (in this section referred to as the `Initiative') is
established within the Agency.
``(2) Purpose.--The purpose of the Initiative is to develop and
strengthen the skills of the cybersecurity workforce related to securing
industrial control systems.
``(b) Requirements.--In carrying out the Initiative, the Director shall--
``(1) ensure the Initiative includes--
``(A) virtual and in-person trainings and courses provided
at no cost to participants;
``(B) trainings and courses available at different skill
levels, including introductory level courses;
``(C) trainings and courses that cover cyber defense
strategies for industrial control systems, including an
understanding of the unique cyber threats facing industrial
control systems and the mitigation of security vulnerabilities
in industrial control systems technology; and
``(D) appropriate consideration regarding the availability
of trainings and courses in different regions of the United
States; and
``(2) engage in--
``(A) collaboration with the National Laboratories of the
Department of Energy in accordance with section 309;
``(B) consultation with Sector Risk Management Agencies;
``(C) as appropriate, consultation with private sector
entities with relevant expertise, such as vendors of industrial
control systems technologies; and
``(3) consult, to the maximum extent practicable, with commercial
training providers and academia to minimize the potential for
duplication of other training opportunities.
``(c) Reports.--
``(1) In general.--Not later than one year after the date of the
enactment of this section and annually thereafter, the Director shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report on the Initiative.
``(2) Contents.--Each report submitted under paragraph (1) shall
include the following:
``(A) A description of the courses provided under the
Initiative.
``(B) A description of outreach efforts to raise awareness
of the availability of such courses.
``(C) The number of participants in each course.
``(D) Voluntarily provided information on the demographics
of participants in such courses, including by sex, race, and
place of residence.
``(E) Information on the participation in such courses of
workers from each critical infrastructure sector.
``(F) Plans for expanding access to industrial control
systems education and training, including expanding access to
women and underrepresented populations, and expanding access to
different regions of the United States.
``(G) Recommendations regarding how to strengthen the state
of industrial control systems cybersecurity education and
training.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by inserting after the item relating to
section 2220D the following new item:
``Sec. 2220E. Industrial Control Systems Cybersecurity Training
Initiative.''.
SEC. 7123. NATIONAL COMPUTER FORENSICS INSTITUTE REAUTHORIZATION.
Section 822 of the Homeland Security Act of 2002 (6 U.S.C. 383) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``In General''
and inserting ``In General; Mission'';
(B) by striking ``2017 through 2022'' and inserting ``2023
through 2028''; and
(C) by striking the second sentence and inserting ``The
Institute's mission shall be to educate, train, and equip State,
local, territorial, and Tribal law enforcement officers,
prosecutors, and judges, as well as participants in the United
States Secret Service's network of cyber fraud task forces who
are Federal employees, members of the uniformed services, or
State, local, Tribal, or territorial employees, regarding the
investigation and prevention of cybersecurity incidents,
electronic crimes, and related cybersecurity threats, including
through the dissemination of homeland security information, in
accordance with relevant Federal law regarding privacy, civil
rights, and civil liberties protections.'';
(2) by amending subsection (b) to read as follows:
``(b) Curriculum.--In furtherance of subsection (a), all education and
training of the Institute shall be conducted in accordance with relevant Federal
law regarding privacy, civil rights, and civil liberties protections. Education
and training provided pursuant to subsection (a) shall relate to the following:
``(1) Investigating and preventing cybersecurity incidents,
electronic crimes, and related cybersecurity threats, including relating
to instances involving illicit use of digital assets and emerging trends
in cybersecurity and electronic crime.
``(2) Conducting forensic examinations of computers, mobile devices,
and other information systems.
``(3) Prosecutorial and judicial considerations related to
cybersecurity incidents, electronic crimes, related cybersecurity
threats, and forensic examinations of computers, mobile devices, and
other information systems.
``(4) Methods to obtain, process, store, and admit digital evidence
in court.''.
(3) in subsection (c)--
(A) by striking ``cyber and electronic crime and related
threats is shared with State, local, tribal, and territorial law
enforcement officers and prosecutors'' and inserting
``cybersecurity incidents, electronic crimes, and related
cybersecurity threats is shared with recipients of education and
training provided pursuant to subsection (a)''; and
(B) by adding at the end the following new sentence: ``When
selecting participants for such training, the Institute shall
prioritize, to the extent reasonable and practicable, providing
education and training to individuals from geographically-
diverse jurisdictions throughout the United States, and the
Institute shall prioritize, to the extent reasonable and
practicable, State, local, tribal, and territorial law
enforcement officers, prosecutors, judges, and other
employees.'';
(4) in subsection (d)--
(A) by striking ``State, local, tribal, and territorial law
enforcement officers'' and inserting ``recipients of education
and training provided pursuant to subsection (a)''; and
(B) by striking ``necessary to conduct cyber and electronic
crime and related threat investigations and computer and mobile
device forensic examinations'' and inserting ``for investigating
and preventing cybersecurity incidents, electronic crimes, and
related cybersecurity threats, and for forensic examinations of
computers, mobile devices, and other information systems'';
(5) in subsection (e)--
(A) by amending the heading to read as follows: ``Cyber
Fraud Task Forces'';
(B) by striking ``Electronic Crime'' and inserting ``Cyber
Fraud'';
(C) by striking ``State, local, tribal, and territorial law
enforcement officers'' and inserting ``recipients of education
and training provided pursuant to subsection (a)''; and
(D) by striking ``at'' and inserting ``by''; and
(6) by inserting after subsection (f) the following new subsections:
``(g) Expenses.--The Director of the United States Secret Service may pay
for all or a part of the education, training, or equipment provided by the
Institute, including relating to the travel, transportation, and subsistence
expenses of recipients of education and training provided pursuant to subsection
(a).
``(h) Annual Reports to Congress.--
``(1) In general.--The Secretary shall include in the annual report
required under section 1116 of title 31, United States Code, information
regarding the activities of the Institute, including, where possible,
the following:
``(A) An identification of jurisdictions with recipients of
the education and training provided pursuant to subsection (a)
during such year.
``(B) Information relating to the costs associated with that
education and training.
``(C) Any information regarding projected future demand for
the education and training provided pursuant to subsection (a).
``(D) Impacts of the activities of the Institute on the
capability of jurisdictions to investigate and prevent
cybersecurity incidents, electronic crimes, and related
cybersecurity threats.
``(E) A description of the nomination process for potential
recipients of the information and training provided pursuant to
subsection (a).
``(F) Any other issues determined relevant by the Secretary.
``(2) Exception.--Any information required under paragraph (1) that
is submitted as part of the annual budget submitted by the President to
Congress under section 1105 of title 31, United States Code, is not
required to be included in the report required under paragraph (1).
``(i) Definitions.--In this section:
``(1) Cybersecurity threat.--The term `cybersecurity threat' has the
meaning given such term in section 102 of the Cybersecurity Act of 2015
(enacted as division N of the Consolidated Appropriations Act, 2016
(Public Law 114-113; 6 U.S.C. 1501)).
``(2) Incident.--The term `incident' has the meaning given such term
in section 2209(a).
``(3) Information system.--The term `information system' has the
meaning given such term in section 102 of the Cybersecurity Act of 2015
(enacted as division N of the Consolidated Appropriations Act, 2016
(Public Law 114-113; 6 U.S.C. 1501(9))).''.
SEC. 7124. REPORT ON CYBERSECURITY ROLES AND RESPONSIBILITIES OF THE DEPARTMENT
OF HOMELAND SECURITY.
(a) In General.--Not later than one year after the date of the enactment of
this Act, the Secretary of Homeland Security, in coordination with the Director
of the Cybersecurity and Infrastructure Security Agency of the Department of
Homeland Security, shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report on the roles and responsibilities of the
Department and its components relating to cyber incident response.
(b) Contents.--The report required under subsection (a) shall include the
following:
(1) A review of how the cyber incident response plans under section
2210(c) of the Homeland Security Act of 2002 (6 U.S.C. 660(c)) are
utilized in the Federal Government's response to a cyber incident.
(2) An explanation of the roles and responsibilities of the
Department of Homeland Security and its components with responsibility
for, or in support of, the Federal Government's response to a cyber
incident, including primary responsibility for working with impacted
private sector entities.
(3) An explanation of which and how authorities of the Department
and its components are utilized in the Federal Government's response to
a cyber incident.
(4) Recommendations to provide further clarity for roles and
responsibilities of the Department and its components relating to cyber
incident response.
Subtitle D--Enhancing Transportation and Border Security Operations
SEC. 7131. TSA REACHING ACROSS NATIONALITIES, SOCIETIES, AND LANGUAGES TO
ADVANCE TRAVELER EDUCATION.
(a) In General.--Not later than 180 days after the date of the enactment of
this Act, the Administrator of the Transportation Security Administration (TSA)
shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and Transportation of
the Senate a plan to ensure that TSA material disseminated in major airports can
be better understood by more people accessing such airports.
(b) Contents.--The plan required under subsection (a) shall include the
following:
(1) An identification of the most common languages other than
English that are the primary languages of individuals that travel
through or work in each major airport.
(2) A plan to improve--
(A) TSA materials to communicate information in languages
identified pursuant to paragraph (1); and
(B) the communication of TSA material to individuals with
vision or hearing impairments or other possible barriers to
understanding such material.
(c) Considerations.--In developing the plan required under subsection (a),
the Administrator of the TSA, acting through the Office of Civil Rights and
Liberties, Ombudsman, and Traveler Engagement of the TSA, shall take into
consideration data regarding the following:
(1) International enplanements.
(2) Local populations surrounding major airports.
(3) Languages spoken by members of Indian Tribes within each service
area population in which a major airport is located.
(d) Implementation.--Not later than 180 days after the submission of the
plan required under subsection (a), the Administrator of the TSA, in
consultation with the owner or operator of each major airport, shall implement
such plan.
(e) GAO Review.--Not later than one year after the implementation pursuant
to subsection (d) of the plan required under subsection (a), the Comptroller
General of the United States shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a review of such implementation.
(f) Definitions.--In this section:
(1) Airport.--The term ``airport'' has the meaning given such term
in section 40102 of title 49, United States Code.
(2) Indian tribe.--The term ``Indian Tribe'' has the meaning given
the term ``Indian tribe'' in section 102 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 5130), individually identified
(including parenthetically) in the list published most recently as of
the date of the enactment of this Act pursuant to section 104 of that
Act (25 U.S.C. 5131).
(3) Major airports.--The term ``major airports'' means Category X
and Category I airports.
(4) Non-traveling individual.--The term ``non-traveling individual''
has the meaning given such term in section 1560.3 of title 49, Code of
Federal Regulations.
(5) TSA material.--The term ``TSA material'' means signs, videos,
audio messages, websites, press releases, social media postings, and
other communications published and disseminated by the Administrator of
the TSA in Category X and Category I airports for use by both traveling
and non-traveling individuals.
SEC. 7132. ONE-STOP PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(2) Appropriate congressional committees.--The term ``appropriate
congressional committees'' means--
(A) the Committee on Homeland Security and Committee on
Foreign Affairs of the House of Representatives; and
(B) the Committee on Homeland Security and Governmental
Affairs, the Committee on Commerce, Science, and Transportation,
and the Committee on Foreign Relations of the Senate.
(3) TSA.--The term ``TSA'' means the Transportation Security
Administration of the Department of Homeland Security.
(b) Implementation.--Notwithstanding 44901(a) of title 49, United States
Code, the Administrator, in coordination with the Commissioner of U.S. Customs
and Border Protection and the Secretary of State, may implement a pilot program
at not more than six foreign last point of departure airports to permit
passengers and their accessible property arriving on direct flights or flight
segments originating at such participating foreign airports to continue on
additional flights or flight segments originating in the United States without
additional security re-screening if--
(1) the initial screening was conducted in accordance with an
aviation security screening agreement described in subsection (e);
(2) passengers arriving from participating foreign airports are
unable to access their checked baggage until the arrival at their final
destination; and
(3) upon arrival in the United States, passengers arriving from
participating foreign airports do not come into contact with other
arriving international passengers, those passengers' property, or other
persons who have not been screened or subjected to other appropriate
security controls required for entry into the airport's sterile area.
(c) Requirements for Pilot Program.--In carrying out this section, the
Administrator shall ensure that there is no reduction in the level of security
or specific TSA aviation security standards or requirements for screening
passengers and their property prior to boarding an international flight bound
for the United States, including specific aviation security standards and
requirements regarding the following:
(1) High risk passengers and their property.
(2) Weapons, explosives, and incendiaries.
(3) Screening passengers and property transferring at a foreign last
point of departure airport from another airport and bound for the United
States, and addressing any commingling of such passengers and property
with passengers and property screened under the pilot program described
in subsection (b).
(4) Insider risk at foreign last point of departure airports.
(d) Re-screening of Checked Baggage.--Subject to subsection (f), the
Administrator may determine whether checked baggage arriving from participating
foreign airports referenced in subsection (b) that screen using an explosives
detection system must be re-screened in the United States by an explosives
detection system before such baggage continues on any additional flight or
flight segment.
(e) Aviation Security Screening Agreement.--
(1) In general.--An aviation security screening agreement described
in this subsection is a treaty, executive agreement, or non-binding
instrument entered into with a foreign country that delineates and
implements security standards and protocols utilized at a foreign last
point of departure airport that are determined by the Administrator--
(A) to be comparable to those of the United States; and
(B) sufficiently effective to enable passengers and their
accessible property to deplane into sterile areas of airports in
the United States without the need for re-screening.
(2) Non-delegation.--The authority to approve an aviation security
screening agreement may not be delegated below the level of the
Secretary of State, the Secretary of Homeland Security, or the
Administrator.
(f) Re-screening Requirement.--
(1) In general.--If the Administrator determines that a foreign
country participating in the aviation security screening agreement has
not maintained and implemented security standards and protocols
comparable to those of the United States at foreign last point of
departure airports at which a pilot program has been established in
accordance with this section, the Administrator shall ensure that
passengers and their property arriving from such airports are re-
screened in the United States, including by using explosives detection
systems in accordance with section 44901(d)(1) of title 49, United
States Code, and implementing regulations and directives, before such
passengers and their property are permitted into sterile areas of
airports in the United States.
(2) Consultation.--If the Administrator has reasonable grounds to
believe the other party to an aviation security screening agreement has
not complied with such agreement, the Administrator shall request
immediate consultation with such party.
(3) Suspension or termination of agreement.--If a satisfactory
resolution between TSA and a foreign country is not reached within 45
days after a consultation request under paragraph (2) or in the case of
the foreign country's continued or egregious failure to maintain the
security standards and protocols described in paragraph (1), the
President, or with the concurrence of the Secretary of State, the
Secretary of Homeland Security or the Administrator, as appropriate,
shall suspend or terminate the aviation security screening agreement
with such country, as determined appropriate by the President, the
Secretary of Homeland Security, or the Administrator. The Administrator
shall notify the appropriate congressional committees of such
consultation and suspension or termination, as the case may be, not
later than seven days after such consultation and suspension or
termination.
(g) Briefings to Congress.--Not later than 45 days before an aviation
security screening agreement described in subsection (e) enters into force, the
Administrator, in coordination with the Secretary of State, shall submit to the
appropriate congressional committees the following:
(1) An aviation security threat assessment for the country in which
such foreign last point of departure airport is located.
(2) Information regarding any corresponding mitigation efforts to
address any security issues identified in such threat assessment,
including any plans for joint covert testing.
(3) Information on potential security vulnerabilities associated
with commencing a pilot program at such foreign last point of departure
airport pursuant to subsection (b) and mitigation plans to address such
potential security vulnerabilities.
(4) An assessment of the impacts such pilot program will have on
aviation security.
(5) An assessment of the screening performed at such foreign last
point of departure airport, including the feasibility of TSA personnel
monitoring screening, security protocols, and standards.
(6) Information regarding identifying the entity or entities
responsible for screening passengers and property at such foreign last
point of departure airport.
(7) The name of the entity or local authority and any contractor or
subcontractor.
(8) Information regarding the screening requirements relating to
such aviation security screening agreement.
(9) Details regarding information sharing mechanisms between the TSA
and such foreign last point of departure airport, screening authority,
or entity responsible for screening provided for under such aviation
security screening agreement.
(10) A copy of the aviation security screening agreement, which
shall identify the foreign last point of departure airport or airports
at which a pilot program under this section is to be established.
(h) Certifications Relating to the Pilot Program for One-stop Security.--For
each aviation security screening agreement described in subsection (e), the
Administrator, in coordination with the Secretary of State, shall submit to the
appropriate congressional committees the following:
(1)(A) A certification that such agreement satisfies all of the
requirements specified in subsection (c); or
(B) in the event that one or more of such requirements are not so
satisfied, a description of the unsatisfied requirement and information
on what actions the Administrator will take to ensure that such
remaining requirements are satisfied before such agreement enters into
force.
(2) A certification that TSA and U.S. Customs and Border Protection
have ensured that any necessary physical modifications or appropriate
mitigations exist in the domestic one-stop security pilot program
airport prior to receiving international passengers from a last point of
departure airport under the aviation security screening agreement.
(3) A certification that a foreign last point of departure airport
covered by an aviation security screening agreement has an operation to
screen all checked bags as required by law, regulation, or international
agreement, including the full utilization of explosives detection
systems to the extent applicable.
(4) A certification that the Administrator consulted with
stakeholders, including air carriers, aviation nonprofit labor
organizations, airport operators, relevant interagency partners, and
other stakeholders that the Administrator determines appropriate.
(i) Report to Congress.--Not later than five years after the date of the
enactment of this Act, the Secretary of Homeland Security, in coordination with
the Administrator, shall submit to the appropriate congressional committees a
report regarding the implementation of the pilot program authorized under this
section, including information relating to the following:
(1) The impact of such program on homeland security and
international aviation security, including any benefits and challenges
of such program.
(2) The impact of such program on passengers, airports, and air
carriers, including any benefits and challenges of such program.
(3) The impact and feasibility of continuing such program or
expanding it into a more permanent program, including any benefits and
challenges of such continuation or expansion.
(j) Rule of Construction.--Nothing in this section may be construed as
limiting the authority of U.S. Customs and Border Protection to inspect persons
and baggage arriving in the United States in accordance with applicable law.
(k) Sunset.--The pilot program authorized under this section shall terminate
on the date that is six years after the date of the enactment of this Act.
SEC. 7133. REPORT ON EFFORTS OF THE DEPARTMENT OF HOMELAND SECURITY TO DETER
VEHICULAR TERRORIST ATTACKS (DARREN DRAKE).
(a) In General.--Not later than one year after the date of the enactment of
this Act, the Secretary of Homeland Security shall submit to Congress a report
on the efforts of the Department of Homeland Security to deter vehicular
terrorist attacks, including engagement with the private sector and other
stakeholders. Such report shall include assessment of the following:
(1) The impact of such engagement on efforts to protect the United
States against terrorist attacks.
(2) A description of the Department's engagement with privacy, civil
rights, and civil liberties stakeholders.
(3) Ways to improve engagement among the following:
(A) The Department.
(B) Federal, State, local, and Tribal law enforcement
agencies.
(C) Other relevant stakeholders.
(b) Format.--The report required under subsection (a) may be submitted in a
classified or protected format, as determined appropriate by the Secretary of
Homeland Security.
SEC. 7134. DHS ILLICIT CROSS-BORDER TUNNEL DEFENSE.
(a) Counter Illicit Cross-border Tunnel Operations Strategic Plan.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Commissioner of U.S. Customs and Border
Protection, in coordination with the Under Secretary for Science and
Technology, and, as appropriate, other officials of the Department of
Homeland Security, shall develop a counter illicit cross-border tunnel
operations strategic plan (in this section referred to as the
``strategic plan'') to address the following:
(A) Risk-based criteria to be used to prioritize the
identification, breach, assessment, and remediation of illicit
cross-border tunnels.
(B) Promote the use of innovative technologies to identify,
breach, assess, and remediate illicit cross-border tunnels in a
manner that, among other considerations, reduces the impact of
such activities on surrounding communities.
(C) Processes to share relevant illicit cross-border tunnel
location, operations, and technical information.
(D) Indicators of specific types of illicit cross-border
tunnels found in each U.S. Border Patrol sector identified
through operations to be periodically disseminated to U.S.
Border Patrol sector chiefs to educate field personnel.
(E) A counter illicit cross-border tunnel operations
resource needs assessment that includes consideration of the
following:
(i) Technology needs.
(ii) Staffing needs, including the following:
(I) A position description for counter
illicit cross-border tunnel operations
personnel.
(II) Any specialized skills required of such
personnel.
(III) The number of such full time
personnel, disaggregated by U.S. Border Patrol
sector.
(2) Report to congress on strategic plan.--Not later than one year
after the development of the strategic plan, the Commissioner of U.S.
Customs and Border Protection shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on the
implementation of the strategic plan.
(b) Authorization of Appropriations.--There is authorized to be appropriated
to the Commissioner of U.S. Customs and Border Protection $1,000,000 for each of
fiscal years 2023 and 2024 to carry out--
(1) the development of the strategic plan; and
(2) remediation operations of illicit cross-border tunnels in
accordance with the strategic plan to the maximum extent practicable.
SEC. 7135. PROVIDING TRAINING FOR U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL
ON THE USE OF CONTAINMENT DEVICES TO PREVENT SECONDARY EXPOSURE TO
FENTANYL AND OTHER POTENTIALLY LETHAL SUBSTANCES.
(a) Training.--Paragraph (1) of section 416(b) of the Homeland Security Act
of 2002 (6 U.S.C. 216(b)) is amended by adding at the end the following new
subparagraph:
``(C) How to use containment devices to prevent potential
synthetic opioid exposure.''.
(b) Availability of Containment Devices.--Section 416(c) of the Homeland
Security Act of 2002 (6 U.S.C. 216(c)) is amended--
(1) in the subsection heading, by inserting ``, Containment
Devices,'' after ``Equipment''; and
(2) by striking ``and opioid receptor antagonists, including
naloxone'' and inserting ``, opioid receptor antagonists, including
naloxone, and containment devices''.
(c) Applicability to Other Components.--If the Secretary of Homeland
Secretary determines that officers, agents, other personnel, or canines of a
component of the Department of Homeland Security other than U.S. Customs and
Border Protection are at risk of potential synthetic opioid exposure in the
course of their duties, the head of such component shall carry out the
responsibilities under section 416 of the Homeland Security Act of 2002 (6
U.S.C. 216) in the same manner and to the same degree as the Commissioner of
U.S. Customs and Border Protection carries out such responsibilities.
SEC. 7136. REPORTS, EVALUATIONS, AND RESEARCH REGARDING DRUG INTERDICTION AT AND
BETWEEN PORTS OF ENTRY.
(a) Research on Additional Technologies to Detect Fentanyl.--Not later than
one year after the date of the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Attorney General, the Secretary of Health and
Human Services, and the Director of the Office of National Drug Control Policy,
shall research additional technological solutions to--
(1) target and detect illicit fentanyl, fentanyl analogs, and
precursor chemicals, including low-purity fentanyl, especially in
counterfeit pressed tablets, and illicit pill press molds; and
(2) enhance detection of such counterfeit pressed tablets through
nonintrusive, noninvasive, and other advanced screening technologies.
(b) Evaluation of Current Technologies and Strategies in Illicit Drug
Interdiction and Procurement Decisions.--
(1) In general.--The Secretary of Homeland Security, in consultation
with the Attorney General, the Secretary of Health and Human Services,
and the Director of the Office of National Drug Control Policy, shall
establish a program to collect available data and develop metrics to
measure how technologies and strategies used by the Department of
Homeland Security, U.S. Customs and Border Protection, U.S. Immigration
and Customs Enforcement, and other relevant Federal agencies have helped
detect trafficked illicit fentanyl, fentanyl analogs, and precursor
chemicals or deter illicit fentanyl, fentanyl analogs, and precursor
chemicals from being trafficked into the United States at and between
land, air, and sea ports of entry.
(2) Considerations.--The data and metrics program established
pursuant to paragraph (1) may consider--
(A) the rate of detection of illicit fentanyl, fentanyl
analogs, and precursor chemicals at land, air, and sea ports of
entry;
(B) investigations and intelligence sharing into the origins
of illicit fentanyl, fentanyl analogs, and precursor chemicals
within the United States; and
(C) other data or metrics considered appropriate by the
Secretary of Homeland Security.
(3) Updates.--The Secretary of Homeland Security, as appropriate and
in the coordination with the officials referred to in paragraph (1), may
update the data and metrics program established pursuant to paragraph
(1).
(4) Reports.--
(A) Secretary of homeland security.--Not later than one year
after the date of the enactment of this Act and biennially
thereafter, the Secretary of Homeland Security, in consultation
with the Attorney General, the Secretary of Health and Human
Services, and the Director of the Office of National Drug
Control Policy shall, based on the data collected and metrics
developed pursuant to the program established pursuant to
paragraph (1), submit to the Committee on Homeland Security, the
Committee on Energy and Commerce, the Committee on Science,
Space, and Technology, and the Committee on the Judiciary of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs, the Committee on Commerce, Science,
and Transportation, and the Committee on the Judiciary of the
Senate a report that--
(i) examines and analyzes current technologies,
including pilot technologies, deployed at land, air, and
sea ports of entry to assess how well such technologies
detect, deter, and address illicit fentanyl, fentanyl
analogs, and precursor chemicals; and
(ii) examines and analyzes current technologies,
including pilot technologies, deployed between land
ports of entry to assess how well and accurately such
technologies detect, deter, interdict, and address
illicit fentanyl, fentanyl analogs, and precursor
chemicals;
(B) Government accountability office.--Not later than one
year after the submission of each of the first three reports
required under subparagraph (A), the Comptroller General of the
United States shall submit to the Committee on Homeland
Security, the Committee on Energy and Commerce, the Committee on
Science, Space, and Technology, and the Committee on the
Judiciary of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs, the Committee on
Commerce, Science, and Transportation, and the Committee on the
Judiciary of the Senate a report that evaluates and, as
appropriate, makes recommendations to improve, the collection of
data under the program established pursuant to paragraph (1) and
metrics used in the subsequent reports required under such
subparagraph.
Subtitle E--Technical Corrections, Conforming Changes, and Improvements
SEC. 7141. QUADRENNIAL HOMELAND SECURITY REVIEW TECHNICAL CORRECTIONS.
(a) In General.--Section 707 of the Homeland Security Act of 2002 (6 U.S.C.
347) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (B), by striking ``and'' after the
semicolon at the end;
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (B) the following new
subparagraph:
``(C) representatives from appropriate advisory committees
established pursuant to section 871, including the Homeland
Security Advisory Council and the Homeland Security Science and
Technology Advisory Committee, or otherwise established,
including the Aviation Security Advisory Committee established
pursuant to section 44946 of title 49, United States Code;
and'';
(2) in subsection (b)--
(A) in paragraph (2), by inserting before the semicolon at
the end the following: ``based on the risk assessment required
pursuant to subsection (c)(2)(B)'';
(B) in paragraph (3)--
(i) by inserting ``, to the extent practicable,''
after ``describe''; and
(ii) by striking ``budget plan'' and inserting
``resources required'';
(C) in paragraph (4)--
(i) by inserting ``, to the extent practicable,''
after ``identify'';
(ii) by striking ``budget plan required to provide
sufficient resources to successfully'' and inserting
``resources required to''; and
(iii) by striking the semicolon at the end and
inserting the following: ``, including any resources
identified from redundant, wasteful, or unnecessary
capabilities or capacities that may be redirected to
better support other existing capabilities or
capacities, as the case may be; and'';
(D) in paragraph (5), by striking ``; and'' and inserting a
period; and
(E) by striking paragraph (6);
(3) in subsection (c)--
(A) in paragraph (1), by striking ``December 31 of the
year'' and inserting ``60 days after the date of the submission
of the President's budget for the fiscal year after the fiscal
year'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking ``description
of the threats to'' and inserting ``risk assessment
of'';
(ii) in subparagraph (C), by inserting ``, as
required under subsection (b)(2)'' before the semicolon
at the end;
(iii) in subparagraph (D)--
(I) by inserting ``to the extent
practicable,'' before ``a description''; and
(II) by striking ``budget plan'' and
inserting ``resources required'';
(iv) in subparagraph (F)--
(I) by inserting ``to the extent
practicable,'' before ``a discussion''; and
(II) by striking ``the status of'';
(v) in subparagraph (G)--
(I) by inserting ``to the extent
practicable,'' before ``a discussion'';
(II) by striking ``the status of'';
(III) by inserting ``and risks'' before ``to
national homeland''; and
(IV) by inserting ``and'' after the
semicolon at the end;
(vi) by striking subparagraph (H); and
(vii) by redesignating subparagraph (I) as
subparagraph (H);
(C) by redesignating paragraph (3) as paragraph (4); and
(D) by inserting after paragraph (2) the following new
paragraph:
``(3) Documentation.--The Secretary shall retain and, upon request,
provide to Congress the following documentation regarding each
quadrennial homeland security review:
``(A) Records regarding the consultation carried out
pursuant to subsection (a)(3), including the following:
``(i) All written communications, including
communications sent out by the Secretary and feedback
submitted to the Secretary through technology, online
communications tools, in-person discussions, and the
interagency process.
``(ii) Information on how feedback received by the
Secretary informed each such quadrennial homeland
security review.
``(B) Information regarding the risk assessment required
pursuant to subsection (c)(2)(B), including the following:
``(i) The risk model utilized to generate such risk
assessment.
``(ii) Information, including data used in the risk
model, utilized to generate such risk assessment.
``(iii) Sources of information, including other risk
assessments, utilized to generate such risk assessment.
``(iv) Information on assumptions, weighing factors,
and subjective judgments utilized to generate such risk
assessment, together with information on the rationale
or basis thereof.'';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following new subsection:
``(d) Review.--Not later than 90 days after the submission of each report
required under subsection (c)(1), the Secretary shall provide to the Committee
on Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate information on the
degree to which the findings and recommendations developed in the quadrennial
homeland security review that is the subject of such report were integrated into
the acquisition strategy and expenditure plans for the Department.''.
(b) Effective Date.--The amendments made by this Act shall apply with
respect to a quadrennial homeland security review conducted after December 31,
2021.
SEC. 7142. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.
The table of contents in section 1(b) of the Homeland Security Act of 2002
is amended by--
(1) amending the items relating to sections 435 and 436 to read as
follows:
``Sec. 435. Maritime operations coordination plan.
``Sec. 436. Maritime security capabilities assessments.'';
(2) amending the item relating to section 1617 to read as follows:
``Sec. 1617. Diversified security technology industry marketplace.'';
(3) amending the item relating to section 1621 to read as follows:
``Sec. 1621. Maintenance validation and oversight.''; and
(4) amending the item relating to section 2103 to read as follows:
``Sec. 2103. Protection and sharing of information.''.
SEC. 7143. CISA TECHNICAL CORRECTIONS AND IMPROVEMENTS.
(a) Technical Amendment Relating to DOTGOV Act of 2020.--
(1) Amendment.--Section 904(b)(1) of the DOTGOV Act of 2020 (title
IX of division U of Public Law 116-260) is amended, in the matter
preceding subparagraph (A), by striking ``Homeland Security Act'' and
inserting ``Homeland Security Act of 2002''.
(2) Effective date.--The amendment made by paragraph (1) shall take
effect as if enacted as part of the DOTGOV Act of 2020 (title IX of
division U of Public Law 116-260).
(b) Consolidation of Definitions.--
(1) In general.--Title XXII of the Homeland Security Act of 2002 (6
U.S.C. 651 et seq.) is amended by inserting before the subtitle A
heading the following:
``SEC. 2200. DEFINITIONS.
``Except as otherwise specifically provided, in this title:
``(1) Agency.--The term `Agency' means the Cybersecurity and
Infrastructure Security Agency.
``(2) Appropriate congressional committees.--The term `appropriate
congressional committees' means--
``(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
``(B) the Committee on Homeland Security of the House of
Representatives.
``(3) Cloud service provider.--The term `cloud service provider'
means an entity offering products or services related to cloud
computing, as defined by the National Institute of Standards and
Technology in NIST Special Publication 800-145 and any amendatory or
superseding document relating thereto.
``(4) Critical infrastructure information.--The term `critical
infrastructure information' means information not customarily in the
public domain and related to the security of critical infrastructure or
protected systems--
``(A) actual, potential, or threatened interference with,
attack on, compromise of, or incapacitation of critical
infrastructure or protected systems by either physical or
computer-based attack or other similar conduct (including the
misuse of or unauthorized access to all types of communications
and data transmission systems) that violates Federal, State, or
local law, harms interstate commerce of the United States, or
threatens public health or safety;
``(B) the ability of any critical infrastructure or
protected system to resist such interference, compromise, or
incapacitation, including any planned or past assessment,
projection, or estimate of the vulnerability of critical
infrastructure or a protected system, including security
testing, risk evaluation thereto, risk management planning, or
risk audit; or
``(C) any planned or past operational problem or solution
regarding critical infrastructure or protected systems,
including repair, recovery, reconstruction, insurance, or
continuity, to the extent it is related to such interference,
compromise, or incapacitation.
``(5) Cyber threat indicator.--The term `cyber threat indicator'
means information that is necessary to describe or identify--
``(A) malicious reconnaissance, including anomalous patterns
of communications that appear to be transmitted for the purpose
of gathering technical information related to a cybersecurity
threat or security vulnerability;
``(B) a method of defeating a security control or
exploitation of a security vulnerability;
``(C) a security vulnerability, including anomalous activity
that appears to indicate the existence of a security
vulnerability;
``(D) a method of causing a user with legitimate access to
an information system or information that is stored on,
processed by, or transiting an information system to unwittingly
enable the defeat of a security control or exploitation of a
security vulnerability;
``(E) malicious cyber command and control;
``(F) the actual or potential harm caused by an incident,
including a description of the information exfiltrated as a
result of a particular cybersecurity threat;
``(G) any other attribute of a cybersecurity threat, if
disclosure of such attribute is not otherwise prohibited by law;
or
``(H) any combination thereof.
``(6) Cybersecurity purpose.--The term `cybersecurity purpose' means
the purpose of protecting an information system or information that is
stored on, processed by, or transiting an information system from a
cybersecurity threat or security vulnerability.
``(7) Cybersecurity risk.--The term `cybersecurity risk'--
``(A) means threats to and vulnerabilities of information or
information systems and any related consequences caused by or
resulting from unauthorized access, use, disclosure,
degradation, disruption, modification, or destruction of such
information or information systems, including such related
consequences caused by an act of terrorism; and
``(B) does not include any action that solely involves a
violation of a consumer term of service or a consumer licensing
agreement.
``(8) Cybersecurity threat.--
``(A) In general.--Except as provided in subparagraph (B),
the term `cybersecurity threat' means an action, not protected
by the First Amendment to the Constitution of the United States,
on or through an information system that may result in an
unauthorized effort to adversely impact the security,
availability, confidentiality, or integrity of an information
system or information that is stored on, processed by, or
transiting an information system.
``(B) Exclusion.--The term `cybersecurity threat' does not
include any action that solely involves a violation of a
consumer term of service or a consumer licensing agreement.
``(9) Defensive measure.--
``(A) In general.--Except as provided in subparagraph (B),
the term `defensive measure' means an action, device, procedure,
signature, technique, or other measure applied to an information
system or information that is stored on, processed by, or
transiting an information system that detects, prevents, or
mitigates a known or suspected cybersecurity threat or security
vulnerability.
``(B) Exclusion.--The term `defensive measure' does not
include a measure that destroys, renders unusable, provides
unauthorized access to, or substantially harms an information
system or information stored on, processed by, or transiting
such information system not owned by--
``(i) the private entity, as defined in section 102
of the Cybersecurity Information Sharing Act of 2015 (6
U.S.C. 1501), operating the measure; or
``(ii) another entity or Federal entity that is
authorized to provide consent and has provided consent
to that private entity for operation of such measure.
``(10) Director.--The term `Director' means the Director of the
Cybersecurity and Infrastructure Security Agency.
``(11) Homeland security enterprise.--The term `Homeland Security
Enterprise' means relevant governmental and nongovernmental entities
involved in homeland security, including Federal, State, local, and
Tribal government officials, private sector representatives, academics,
and other policy experts.
``(12) Incident.--The term `incident' means an occurrence that
actually or imminently jeopardizes, without lawful authority, the
integrity, confidentiality, or availability of information on an
information system, or actually or imminently jeopardizes, without
lawful authority, an information system.
``(13) Information sharing and analysis organization.--The term
`Information Sharing and Analysis Organization' means any formal or
informal entity or collaboration created or employed by public or
private sector organizations, for purposes of--
``(A) gathering and analyzing critical infrastructure
information, including information related to cybersecurity
risks and incidents, in order to better understand security
problems and interdependencies related to critical
infrastructure, including cybersecurity risks and incidents, and
protected systems, so as to ensure the availability, integrity,
and reliability thereof;
``(B) communicating or disclosing critical infrastructure
information, including cybersecurity risks and incidents, to
help prevent, detect, mitigate, or recover from the effects of
an interference, a compromise, or an incapacitation problem
related to critical infrastructure, including cybersecurity
risks and incidents, or protected systems; and
``(C) voluntarily disseminating critical infrastructure
information, including cybersecurity risks and incidents, to its
members, State, local, and Federal Governments, or any other
entities that may be of assistance in carrying out the purposes
specified in subparagraphs (A) and (B).
``(14) Information system.--The term `information system'--
``(A) has the meaning given the term in section 3502 of
title 44, United States Code; and
``(B) includes industrial control systems, such as
supervisory control and data acquisition systems, distributed
control systems, and programmable logic controllers.
``(15) Intelligence community.--The term `intelligence community'
has the meaning given the term in section 3(4) of the National Security
Act of 1947 (50 U.S.C. 3003(4)).
``(16) Malicious cyber command and control.--The term `malicious
cyber command and control' means a method for unauthorized remote
identification of, access to, or use of, an information system or
information that is stored on, processed by, or transiting an
information system.
``(17) Malicious reconnaissance.--The term `malicious
reconnaissance' a method for actively probing or passively monitoring an
information system for the purpose of discerning security
vulnerabilities of the information system, if such method is associated
with a known or suspected cybersecurity threat.
``(18) Managed service provider.--The term `managed service
provider' means an entity that delivers services, such as network,
application, infrastructure, or security services, via ongoing and
regular support and active administration on the premises of a customer,
in the data center of the entity (such as hosting), or in a third party
data center.
``(19) Monitor.--The term `monitor' means to acquire, identify, or
scan, or to possess, information that is stored on, processed by, or
transiting an information system.
``(20) National cybersecurity asset response activities.--The term
`national cybersecurity asset response activities' means--
``(A) furnishing cybersecurity technical assistance to
entities affected by cybersecurity risks to protect assets,
mitigate vulnerabilities, and reduce impacts of cyber incidents;
``(B) identifying other entities that may be at risk of an
incident and assessing risk to the same or similar
vulnerabilities;
``(C) assessing potential cybersecurity risks to a sector or
region, including potential cascading effects, and developing
courses of action to mitigate such risks;
``(D) facilitating information sharing and operational
coordination with threat response; and
``(E) providing guidance on how best to utilize Federal
resources and capabilities in a timely, effective manner to
speed recovery from cybersecurity risks.
``(21) National security system.--The term `national security
system' has the meaning given the term in section 11103 of title 40,
United States Code.
``(22) Ransomware attack.--The term `ransomware attack'--
``(A) means an incident that includes the use or threat of
use of unauthorized or malicious code on an information system,
or the use or threat of use of another digital mechanism such as
a denial of service attack, to interrupt or disrupt the
operations of an information system or compromise the
confidentiality, availability, or integrity of electronic data
stored on, processed by, or transiting an information system to
extort a demand for a ransom payment; and
``(B) does not include any such event in which the demand
for payment is--
``(i) not genuine; or
``(ii) made in good faith by an entity in response
to a specific request by the owner or operator of the
information system.
``(23) Sector risk management agency.--The term `Sector Risk
Management Agency' means a Federal department or agency, designated by
law or Presidential directive, with responsibility for providing
institutional knowledge and specialized expertise of a sector, as well
as leading, facilitating, or supporting programs and associated
activities of its designated critical infrastructure sector in the all
hazards environment in coordination with the Department.
``(24) Security control.--The term `security control' means the
management, operational, and technical controls used to protect against
an unauthorized effort to adversely affect the confidentiality,
integrity, and availability of an information system or its information.
``(25) Security vulnerability.--The term `security vulnerability'
means any attribute of hardware, software, process, or procedure that
could enable or facilitate the defeat of a security control.
``(26) Sharing.--The term `sharing' (including all conjugations
thereof) means providing, receiving, and disseminating (including all
conjugations of each such terms).
``(27) SLTT entity.--The term `SLTT entity' means a domestic
government entity that is a State government, local government, Tribal
government, territorial government, or any subdivision thereof.
``(28) Supply chain compromise.--The term `supply chain compromise'
means an incident within the supply chain of an information system that
an adversary can leverage, or does leverage, to jeopardize the
confidentiality, integrity, or availability of the information system or
the information the system processes, stores, or transmits, and can
occur at any point during the life cycle.''.
(2) Technical and conforming amendments.--The Homeland Security Act
of 2002 (6 U.S.C. 101 et seq.) is amended--
(A) in section 320(d)(3)(C) (6 U.S.C. 195f(d)(3)(C)), by
striking ``section 2201'' and inserting ``section 2200'';
(B) by amending section 2201 (6 U.S.C. 651) to read as
follows:
``SEC. 2201. DEFINITION.
``In this subtitle, the term `Cybersecurity Advisory Committee' means the
advisory committee established under section 2219(a).'';
(C) in section 2202 (6 U.S.C. 652)--
(i) in subsection (a)(1), by striking ``(in this
subtitle referred to as the Agency)'';
(ii) in subsection (b)(1), by striking ``a Director
of Cybersecurity and Infrastructure Security (in this
subtitle referred to as the `Director')'' and inserting
``the Director''; and
(iii) in subsection (f)--
(I) in paragraph (1), by inserting
``Executive'' before ``Assistant Director'';
(II) in paragraph (2), by inserting
``Executive'' before ``Assistant Director''; and
(III) in paragraph (3), by inserting
``Executive'' before ``Assistant Director'';
(D) in section 2209 (6 U.S.C. 659)--
(i) by striking subsection (a) and inserting the
following:
``(a) Definition.--The term `cybersecurity vulnerability' has the meaning
given the term `security vulnerability' in section 2200.'';
(ii) in subsection (b), by inserting ``Executive''
before ``Assistant Director for Cybersecurity'';
(iii) in subsection (d)(1)--
(I) in subparagraph (A)(iii), by striking
``, as that term is defined under section 3(4)
of the National Security Act of 1947 (50 U.S.C.
3003(4))''; and
(II) in subparagraph (B)(ii), by striking
``information sharing and analysis
organizations'' and inserting ``Information
Sharing and Analysis Organizations'';
(iv) in subsection (e)(1)(E)(ii)(II), by striking
``information sharing and analysis organizations'' and
inserting ``Information Sharing and Analysis
Organizations'';
(v) in the second subsection (p), by striking ``(p)
Coordination on Cybersecurity for SLTT Entities.--'' and
inserting ``(r) Coordination on Cybersecurity for SLTT
Entities.--''; and
(vi) in the second subsection (q), by striking ``(q)
Report.--'' and inserting ``(s) Report.--'';
(E) in section 2210 (6 U.S.C. 660)--
(i) in subsection (a), by striking ``section--'' and
all that follows and inserting ``section, the term
`agency information system' means an information system
used or operated by an agency or by another entity on
behalf of an agency.'';
(ii) in subsection (c)--
(I) by striking ``information sharing and
analysis organizations (as defined in section
2222(5))'' and inserting ``Information Sharing
and Analysis Organizations''; and
(II) by striking ``(as defined in section
2209)''; and
(iii) in subsection (e)--
(I) in paragraph (1)(B), by striking ``(as
such term is defined in section 2209)''; and
(II) in paragraph (3)(C), by striking ``(as
such term is defined in section 102 of the
Cybersecurity Information Sharing Act of 2015 (6
U.S.C. 1501))'';
(F) in section 2211 (6 U.S.C. 661), by striking subsection
(h);
(G) in section 2212 (6 U.S.C. 662), by striking
``information sharing and analysis organizations (as defined in
section 2222(5))'' and inserting ``Information Sharing and
Analysis Organizations'';
(H) in section 2213(a) (6 U.S.C. 663(a)), by striking
paragraph (4); and
(I) in section 2216 (6 U.S.C. 665b)--
(i) in subsection (d)(2), by striking ``information
sharing and analysis organizations'' and inserting
``Information Sharing and Analysis Organizations''; and
(ii) in subsection (f), by striking ``section:'' and
all that follows and inserting ``section, the term
`cyber defense operation' means the defensive activities
performed for a cybersecurity purpose.'';
(J) in section 2218(c)(4)(A) (6 U.S.C. 665d(4)(A)), by
striking ``information sharing and analysis organizations'' and
inserting ``Information Sharing and Analysis Organizations'';
(K) in section 2220A (6 U.S.C. 665g)--
(i) in subsection (a)--
(I) by striking paragraphs (1), (2), (5),
(6), and (7); and
(II) by redesignating paragraphs (3), (4),
(8), (9), (10), (11), and (12) as paragraphs (1)
through (7), respectively;
(ii) in subsection (e)(2)(B)(xiv)(II)(aa), by
striking ``information sharing and analysis
organization'' and inserting ``Information Sharing and
Analysis Organization'';
(iii) in subsection (p), by striking ``appropriate
committees of Congress'' and inserting ``appropriate
congressional committees''; and
(iv) in subsection (q)(4), in the matter preceding
clause (i), by striking ``appropriate committees of
Congress'' and inserting ``appropriate congressional
committees'';
(L) in section 2220C (6 U.S.C. 665i), by striking subsection
(f) and inserting the following:
``(f) Definition.--In this section, the term `industrial control system'
means an information system used to monitor and/or control industrial processes
such as manufacturing, product handling, production, and distribution, including
supervisory control and data acquisition (SCADA) systems used to monitor and/or
control geographically dispersed assets, distributed control systems (DCSs),
Human-Machine Interfaces (HMIs), and programmable logic controllers that control
localized processes.'';
(M) in section 2222 (6 U.S.C. 671)--
(i) by striking paragraph (3) and inserting the
following:
``(3) Critical infrastructure information.--The term `critical
infrastructure information' has the meaning given the term in section
2200.'';
(ii) by striking paragraphs (5) and (8); and
(iii) by redesignating paragraphs (6) and (7) as
paragraphs (5) and (6), respectively; and
(N) in section 2240 (6 U.S.C. 681)--
(i) by striking paragraph (2);
(ii) by redesignating paragraphs (3) through (7) as
paragraphs (2) through (6);
(iii) in paragraph (6), as so redesignated, by
striking ``section 2201'' and inserting ``section
2200'';
(iv) by striking paragraph (8), and inserting the
following:
``(7) Federal entity.--The term `Federal entity' has the meaning
given the term in section 102 of the Cybersecurity Information Sharing
Act of 2015 (6 U.S.C. 1501).'';
(v) by striking paragraphs (9) through (12), (14),
(15), and (17); and
(vi) by redesignating paragraphs (13), (16), (18),
and (19) as paragraphs (8), (9), (10), and (11),
respectively.
(3) Table of contents amendments.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat.
2135) is amended--
(A) by inserting before the item relating to subtitle A of
title XXII the following:
``Sec. 2200. Definitions.'';
(B) by striking the item relating to section 2201 and insert
the following:
``Sec. 2201. Definition.''; and
(C) by moving the item relating to section 2220D to appear
after the item relating to section 2220C.
(4) Cybersecurity information sharing act of 2015 definitions.--
Section 102 of the Cybersecurity Information Sharing Act of 2015 (6
U.S.C. 1501) is amended--
(A) by striking paragraphs (4) through (7) and inserting the
following:
``(4) Cybersecurity purpose.--The term `cybersecurity purpose' has
the meaning given the term in section 2200 of the Homeland Security Act
of 2002.
``(5) Cybersecurity threat.--The term `cybersecurity threat' has the
meaning given the term in section 2200 of the Homeland Security Act of
2002.
``(6) Cyber threat indicator.--The term `cyber threat indicator' has
the meaning given the term in section 2200 of the Homeland Security Act
of 2002.
``(7) Defensive measure.--The term `defensive measure' has the
meaning given the term in section 2200 of the Homeland Security Act of
2002.'';
(B) by striking paragraph (9) and inserting the following:
``(9) Information system.--The term `information system' has the
meaning given the term in section 2200 of the Homeland Security Act of
2002.''.
(C) by striking paragraphs (11), (12), and (13) and
inserting the following:
``(11) Malicious cyber command and control.--The term `malicious
cyber command and control' has the meaning given the term in section
2200 of the Homeland Security Act of 2002.
``(12) Malicious reconnaissance.--The term `malicious
reconnaissance' has the meaning given the term in section 2200 of the
Homeland Security Act of 2002.
``(13) Monitor.-- The term `monitor' has the meaning given the term
in section 2200 of the Homeland Security Act of 2002.''; and
(D) by striking paragraphs (16) and (17) and inserting the
following:
``(16) Security control.--The term `security control' has the
meaning given the term in section 2200 of the Homeland Security Act of
2002.
``(17) Security vulnerability.--The term `security vulnerability'
has the meaning given the term in section 2200 of the Homeland Security
Act of 2002.''.
(c) Correction to the Title of the Director of the Cybersecurity and
Infrastructure Security Agency.--The Homeland Security Act of 2002 (6 U.S.C. 101
et seq.) is amended--
(1) in section 523 (6 U.S.C. 3211)--
(A) in subsection (a), in the matter preceding paragraph
(1), by striking ``Director of Cybersecurity and Infrastructure
Security'' and inserting ``Director of the Cybersecurity and
Infrastructure Security Agency''; and
(B) in subsection (c), by striking ``Director of
Cybersecurity and Infrastructure Security'' and inserting
``Director of the Cybersecurity and Infrastructure Security
Agency'';
(2) in section 884(d)(4)(A)(ii) (6 U.S.C. 464(d)(4)(A)(ii)), by
striking ``Director of Cybersecurity and Infrastructure Security'' and
inserting ``Director of the Cybersecurity and Infrastructure Security
Agency'';
(3) in section 1801(b) (6 U.S.C. 571(b)), in the second and third
sentences, by striking ``Director of Cybersecurity and Infrastructure
Security'' and inserting ``Director of the Cybersecurity and
Infrastructure Security Agency'';
(4) in section 2104(c)(2) (6 U.S.C. 624(c)(2)), by striking
``Director of Cybersecurity and Infrastructure Security'' and inserting
``Director of the Cybersecurity and Infrastructure Security Agency'';
(5) in section 2202 (6 U.S.C. 652)--
(A) in subsection (b)(3), by striking ``Director of
Cybersecurity and Infrastructure Security of the Department''
and inserting ``Director of the Cybersecurity and Infrastructure
Security Agency''; and
(B) in subsection (d), in the matter preceding paragraph
(1), by striking ``Director of Cybersecurity and Infrastructure
Security'' and inserting ``Director of the Cybersecurity and
Infrastructure Security Agency'';
(6) in section 2205, in the matter preceding paragraph (1), by
striking ``Director of Cybersecurity and Infrastructure Security'' and
inserting ``Director of the Cybersecurity and Infrastructure Security
Agency'';
(7) in section 2206, by striking ``Director of Cybersecurity and
Infrastructure Security'' and inserting ``Director of the Cybersecurity
and Infrastructure Security Agency''; and
(8) in section 2210(c), by striking ``Director of Cybersecurity and
Infrastructure Security'' and inserting ``Director of the Cybersecurity
and Infrastructure Security Agency''.
(d) Additional Technical and Conforming Amendments.--
(1) Federal cybersecurity enhancement act of 2015.--The Federal
Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1521 et seq.) is
amended--
(A) in section 222(4) (6 U.S.C. 1521(4)), by striking
``section 2209'' and inserting ``section 2200''; and
(B) in section 226(a)(2) (6 U.S.C. 1524(a)(2)), by striking
``section 102'' and inserting ``section 2200 of the Homeland
Security Act of 2002''.
(2) Federal power act.--Section 219A(a)(1) of the Federal Power Act
(16 U.S.C. 824s-1(a)(1)) is amended by striking ``section 102 of the
Cybersecurity Act of 2015 (6 U.S.C. 1501)'' and inserting ``section 2200
of the Homeland Security Act of 2002''.
(3) Infrastructure investment and jobs act.--Section 40124(a)(1) of
the Infrastructure Investment and Jobs Act (42 U.S.C. 18723(a)(1)) is
amended by striking ``section 102 of the Cybersecurity Act of 2015 (6
U.S.C. 1051)'' and inserting ``section 2200 of the Homeland Security Act
of 2002)''.
(4) Public health service act.--Section 2811(b)(4)(D) of the Public
Health Service Act (42 U.S.C. 300hh-10(b)(4)(D)) is amended by striking
``section 228(c) of the Homeland Security Act of 2002 (6 U.S.C.
149(c))'' and inserting ``section 2210(b) of the Homeland Security Act
of 2002 (6 U.S.C. 660(b))''.
(5) William m. (mac) thornberry national defense authorization act
of fiscal year 2021.--Section 9002 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (6 U.S.C. 652a)
is amended--
(A) in subsection (a)--
(i) by striking paragraph (5);
(ii) by redesignating paragraphs (6) and (7) as
paragraphs (5) and (6), respectively; and
(iii) by amending paragraph (7) to read as follows:
``(7) Sector risk management agency.--The term `Sector Risk
Management Agency' has the meaning given the term in section 2200 of the
Homeland Security Act of 2002.'';
(B) in subsection (c)(3)(B), by striking ``given such term
in section 2201(5) (6 U.S.C. 651(5))'' and inserting ``given
such term in section 2200''; and
(C) in subsection (d), by striking ``section 2215 of the
Homeland Security Act of 2002, as added by this section'' and
inserting ``section 2218 of the Homeland Security Act of 2002 (6
U.S.C. 665d)''.
(6) National security act of 1947.--Section 113B(b)(4) of the
National Security Act of 1947 (50 U.S.C. 3049a(b)(4)) is amended by
striking section ``226 of the Homeland Security Act of 2002 (6 U.S.C.
147)'' and inserting ``section 2208 of the Homeland Security Act of 2002
(6 U.S.C. 658)''.
(7) National defense authorization act for fiscal year 2020.--
Section 6503(a)(3) of the National Defense Authorization Act for Fiscal
Year 2020 (50 U.S.C. 3371a(a)(3)) is amended by striking ``section 102
of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501)''
and inserting ``section 2200 of the Homeland Security Act of 2002''.
(8) IoT cybersecurity improvement act of 2020.--Section 3(8) of the
IoT Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g-3a(8)) is
amended by striking ``section 102(17) of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1501(17))'' and inserting ``section 2200
of the Homeland Security Act of 2002''.
(9) Small business act.--Section 21(a)(8)(B) of the Small Business
Act (15 U.S.C. 648(a)(8)(B)) is amended by striking ``section 2209(a)''
and inserting ``section 2200''.
(10) Title 46.--Section 70101(2) of title 46, United States Code, is
amended by striking ``section 227 of the Homeland Security Act of 2002
(6 U.S.C. 148)'' and inserting ``section 2200 of the Homeland Security
Act of 2002''.
(e) Clarifying and Technical Amendments to the Cyber Incident Reporting for
Critical Infrastructure Act of 2022.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended--
(1) in section 2243(6 U.S.C. 681c), by striking subsection (c) and
inserting the following:
``(c) Application of Section 2245.--Section 2245 shall apply in the same
manner and to the same extent to reports and information submitted under
subsections (a) and (b) as it applies to reports and information submitted under
section 2242.''; and
(2) in section 2244(b)(2) (6 U.S.C. 681d(b)(2)), by inserting
``including that section 2245 shall apply to such information in the
same manner and to the same extent to information submitted in response
to requests under paragraph (1) as it applies to information submitted
under section 2242''after ``section 2242''.
(f) Rule of Construction.--
(1) Interpretation of technical corrections.--Nothing in the
amendments made by subsections (a) through (d) shall be construed to
alter the authorities, responsibilities, functions, or activities of any
agency (as such term is defined in section 3502 of title 44, United
States Code) or officer or employee of the United States on or before
the date of enactment of this Act.
(2) Interpretation of references to definitions.--Any reference to a
term defined in the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.)
on the day before the date of enactment of this Act that is defined in
section 2200 of that Act pursuant to the amendments made under this Act
shall be deemed to be a reference to that term as defined in section
2200 of the Homeland Security Act of 2002, as added by this Act.
TITLE LXXII--GOVERNMENTAL AFFAIRS
Subtitle A--Intragovernmental Cybersecurity Information Sharing Act
Sec. 7201. Requirement for information sharing agreements.
Subtitle A--Improving Government for America's Taxpayers
Sec. 7211. Government Accountability Office unimplemented priority
recommendations.
Subtitle B--Advancing American AI Act
Sec. 7221. Short title.
Sec. 7222. Purposes.
Sec. 7223. Definitions.
Sec. 7224. Principles and policies for use of artificial intelligence
in Government.
Sec. 7225. Agency inventories and artificial intelligence use cases.
Sec. 7226. Rapid pilot, deployment and scale of applied artificial
intelligence capabilities to demonstrate
modernization activities related to use
cases.
Sec. 7227. Enabling entrepreneurs and agency missions.
Sec. 7228. Intelligence community exception.
Subtitle C--Strategic EV Management
Sec. 7231. Short Title.
Sec. 7232. Definitions.
Sec. 7233. Strategic guidance.
Sec. 7234. Study of Federal fleet vehicles.
Subtitle D--Congressionally Mandated Reports
Sec. 7241. Short title.
Sec. 7242. Definitions.
Sec. 7243. Establishment of online portal for congressionally mandated
reports.
Sec. 7244. Federal agency responsibilities.
Sec. 7245. Changing or removing reports.
Sec. 7246. Withholding of information.
Sec. 7247. Implementation.
Sec. 7248. Determination of budgetary effects.
Subtitle A--Intragovernmental Cybersecurity Information Sharing Act
SEC. 7201. REQUIREMENT FOR INFORMATION SHARING AGREEMENTS.
(a) Short Title.--This section may be cited as the ``Intragovernmental
Cybersecurity and Counterintelligence Information Sharing Act''.
(b) Findings.--Congress finds the following:
(1) The legislative branch, as a separate and equal branch of the
United States Government, is a target of adversary cyber actors and
intelligence services.
(2) The legislative branch relies on the executive branch to provide
timely and urgent tactical and operational information to ensure that
Congress can protect the constitutional officers, personnel, and
facilities of Congress and the institution of Congress more broadly.
(3) The legislative branch currently is not receiving this
information in a timely manner nor as a matter of course.
(c) Definitions.--In this section--
(1) the term ``congressional leadership'' means--
(A) the Majority and Minority Leader of the Senate with
respect to an agreement with the Sergeant at Arms and Doorkeeper
of the Senate or the Secretary of the Senate; and
(B) the Speaker and Minority Leader of the House of
Representatives with respect to an agreement with the Chief
Administrative Officer of the House of Representatives or the
Sergeant at Arms of the House of Representatives; and
(2) the terms ``cybersecurity threat'' and ``security
vulnerability'' have the meanings given those terms in section 2200 of
the Homeland Security Act of 2002, as added by section 5171 of this
division.
(d) Requirement.--
(1) Designation.--
(A) In general.--Not later than 30 days after the date of
enactment of this Act, the President shall designate--
(i) an individual appointed by the President, by and
with the advice and consent of the Senate, to serve as a
single point of contact to the legislative branch on
matters related to tactical and operational
cybersecurity threats and security vulnerabilities; and
(ii) an individual appointed by the President, by
and with the advice and consent of the Senate, to serve
as a single point of contact to the legislative branch
on matters related to tactical and operational
counterintelligence.
(B) Coordination.--The individuals designated by the
President under subparagraph (A) shall coordinate with
appropriate Executive agencies (as defined in section 105 of
title 5, United States Code, including the Executive Office of
the President) and appropriate officers in the executive branch
in entering any agreement described in paragraph (2).
(2) Information sharing agreements.--
(A) In general.--Not later than 90 days after the date of
enactment of this Act, the individuals designated by the
President under paragraph (1)(A) shall enter into 1 or more
information sharing agreements with--
(i) the Sergeant at Arms and Doorkeeper of the
Senate with respect to cybersecurity information
sharing, subject to the approval of congressional
leadership and in consultation with the chairman and the
ranking minority member of the Committee on Rules and
Administration of the Senate;
(ii) the Secretary of the Senate with respect to
counterintelligence information sharing, subject to the
approval of congressional leadership and in consultation
with the chairman and ranking minority member of the
Committee on Rules and Administration of the Senate;
(iii) the Chief Administrative Officer of the House
of Representatives with respect to cybersecurity
information sharing, subject to the approval of the
chair of the Committee on House Administration of the
House of Representatives and in consultation with the
ranking minority member of the committee and
congressional leadership; and
(iv) the Sergeant at Arms of the House of
Representatives with respect to counterintelligence
information sharing, subject to the approval of the
chair of the Committee on House Administration of the
House of Representatives and in consultation with the
ranking minority member of the committee and
congressional leadership.
(B) Purpose.--The agreements described in subparagraph (A)
shall establish procedures for timely sharing of tactical and
operational cybersecurity threat and security vulnerability
information and planned or ongoing counterintelligence
operations or targeted collection efforts with the legislative
branch.
(3) Implementation.--Not less frequently than semiannually during
the 3-year period beginning on the date of enactment of this Act, the
individuals designated by the President under paragraph (1)(A) shall
meet with the officers referenced in clauses (i), (ii), (iii), and (iv)
of paragraph (2)(A), the chairman and ranking minority member of the
Committee on Homeland Security and Governmental Affairs of the Senate,
with respect to an agreement with the Sergeant at Arms and Doorkeeper of
the Senate, and the chair and ranking minority member of the Committee
on Oversight and Reform of the House of Representatives, with respect to
an agreement with the Chief Administrative Officer of the House of
Representatives or the Sergeant at Arms of the House of Representatives,
to ensure the agreements with such officers are being implemented in a
manner consistent with applicable laws, including this Act.
(e) Elements.--
(1) In general.--The parties to an information sharing agreement
under subsection (d)(2) shall jointly develop such elements of the
agreement as the parties find appropriate, which--
(A) with respect to an agreement covered by subsection
(d)(2)(A)(i) or (ii), shall, at a minimum, include the
applicable elements specified in paragraph (2); and
(B) with respect to an agreement covered by subsection
(d)(2)(A)(iii) or (iv), may include the applicable elements
specified in paragraph (2).
(2) Elements specified.--The elements specified in this paragraph
are--
(A) direct and timely sharing of technical indicators and
contextual information on cyber threats and security
vulnerabilities, and the means for such sharing;
(B) direct and timely sharing of counterintelligence threats
and vulnerabilities, including trends of counterintelligence
activity, and the means for such sharing;
(C) identification, by position, of the officials at the
operational and tactical level responsible for daily management
of the agreement;
(D) the ability to seat cybersecurity personnel of the
Office of the Sergeant at Arms and Doorkeeper of the Senate or
the Office of the Chief Administrative Officer of the House of
Representatives at cybersecurity operations centers within the
executive branch; and
(E) any other elements the parties find appropriate.
Subtitle A--Improving Government for America's Taxpayers
SEC. 7211. GOVERNMENT ACCOUNTABILITY OFFICE UNIMPLEMENTED PRIORITY
RECOMMENDATIONS.
(a) In General.--The Comptroller General of the United States shall, as part
of the Comptroller General's annual reporting to committees of Congress--
(1) consolidate Matters for Congressional Consideration from the
Government Accountability Office in one report organized by policy topic
that includes the amount of time such Matters have been unimplemented
and submit such report to congressional leadership and the oversight
committees of each House;
(2) with respect to the annual letters sent by the Comptroller
General to individual agency heads and relevant congressional committees
on the status of unimplemented priority recommendations, identify any
additional congressional oversight actions that can help agencies
implement such priority recommendations and address any underlying
issues relating to such implementation;
(3) make publicly available the information described in paragraphs
(1) and (2); and
(4) publish any known costs of unimplemented priority
recommendations, if applicable.
(b) Rule of Construction.--Nothing in this section shall be construed to
require reporting relating to unimplemented priority recommendations or any
other report, recommendation, information, or item relating to any element of
the intelligence community, as defined in section 3 of the National Security Act
of 1947 (50 U.S.C. 3003).
Subtitle B--Advancing American AI Act
SEC. 7221. SHORT TITLE.
This subtitle may be cited as the ``Advancing American AI Act''.
SEC. 7222. PURPOSES.
The purposes of this subtitle are to--
(1) encourage agency artificial intelligence-related programs and
initiatives that enhance the competitiveness of the United States and
foster an approach to artificial intelligence that builds on the
strengths of the United States in innovation and entrepreneurialism;
(2) enhance the ability of the Federal Government to translate
research advances into artificial intelligence applications to modernize
systems and assist agency leaders in fulfilling their missions;
(3) promote adoption of modernized business practices and advanced
technologies across the Federal Government that align with the values of
the United States, including the protection of privacy, civil rights,
and civil liberties; and
(4) test and harness applied artificial intelligence to enhance
mission effectiveness, agency program integrity, and business practice
efficiency.
SEC. 7223. DEFINITIONS.
In this subtitle:
(1) Agency.--The term ``agency'' has the meaning given the term in
section 3502 of title 44, United States Code.
(2) Appropriate congressional committees.--The term ``appropriate
congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Oversight and Reform of the House of
Representatives; and
(C) the Committee on Homeland Security of the House of
Representatives.
(3) Artificial intelligence.--The term ``artificial intelligence''
has the meaning given the term in section 238(g) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358
note).
(4) Artificial intelligence system.--The term ``artificial
intelligence system''--
(A) means any data system, software, application, tool, or
utility that operates in whole or in part using dynamic or
static machine learning algorithms or other forms of artificial
intelligence, whether--
(i) the data system, software, application, tool, or
utility is established primarily for the purpose of
researching, developing, or implementing artificial
intelligence technology; or
(ii) artificial intelligence capability is
integrated into another system or agency business
process, operational activity, or technology system; and
(B) does not include any common commercial product within
which artificial intelligence is embedded, such as a word
processor or map navigation system.
(5) Department.--The term ``Department'' means the Department of
Homeland Security.
(6) Director.--The term ``Director'' means the Director of the
Office of Management and Budget.
SEC. 7224. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL INTELLIGENCE IN
GOVERNMENT.
(a) Guidance.--The Director shall, when developing the guidance required
under section 104(a) of the AI in Government Act of 2020 (title I of division U
of Public Law 116-260), consider--
(1) the considerations and recommended practices identified by the
National Security Commission on Artificial Intelligence in the report
entitled ``Key Considerations for the Responsible Development and
Fielding of AI'', as updated in April 2021;
(2) the principles articulated in Executive Order 13960 (85 Fed.
Reg. 78939; relating to promoting the use of trustworthy artificial
intelligence in Government); and
(3) the input of--
(A) the Administrator of General Services;
(B) relevant interagency councils, such as the Federal
Privacy Council, the Chief Financial Officers Council, the Chief
Information Officers Council, and the Chief Data Officers
Council;
(C) other governmental and nongovernmental privacy, civil
rights, and civil liberties experts;
(D) academia;
(E) industry technology and data science experts; and
(F) any other individual or entity the Director determines
to be appropriate.
(b) Department Policies and Processes for Procurement and Use of Artificial
Intelligence-enabled Systems.--Not later than 180 days after the date of
enactment of this Act--
(1) the Secretary of Homeland Security, with the participation of
the Chief Procurement Officer, the Chief Information Officer, the Chief
Privacy Officer, and the Officer for Civil Rights and Civil Liberties of
the Department and any other person determined to be relevant by the
Secretary of Homeland Security, shall issue policies and procedures for
the Department related to--
(A) the acquisition and use of artificial intelligence; and
(B) considerations for the risks and impacts related to
artificial intelligence-enabled systems, including associated
data of machine learning systems, to ensure that full
consideration is given to--
(i) the privacy, civil rights, and civil liberties
impacts of artificial intelligence-enabled systems; and
(ii) security against misuse, degradation, or
rending inoperable of artificial intelligence-enabled
systems; and
(2) the Chief Privacy Officer and the Officer for Civil Rights and
Civil Liberties of the Department shall report to Congress on any
additional staffing or funding resources that may be required to carry
out the requirements of this subsection.
(c) Inspector General.--Not later than 180 days after the date of enactment
of this Act, the Inspector General of the Department shall identify any training
and investments needed to enable employees of the Office of the Inspector
General to continually advance their understanding of--
(1) artificial intelligence systems;
(2) best practices for governance, oversight, and audits of the use
of artificial intelligence systems; and
(3) how the Office of the Inspector General is using artificial
intelligence to enhance audit and investigative capabilities, including
actions to--
(A) ensure the integrity of audit and investigative results;
and
(B) guard against bias in the selection and conduct of
audits and investigations.
(d) Artificial Intelligence Hygiene and Protection of Government
Information, Privacy, Civil Rights, and Civil Liberties.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Director, in consultation with a working
group consisting of members selected by the Director from appropriate
interagency councils, shall develop an initial means by which to--
(A) ensure that contracts for the acquisition of an
artificial intelligence system or service--
(i) align with the guidance issued to the head of
each agency under section 104(a) of the AI in Government
Act of 2020 (title I of division U of Public Law 116-
260);
(ii) address protection of privacy, civil rights,
and civil liberties;
(iii) address the ownership and security of data and
other information created, used, processed, stored,
maintained, disseminated, disclosed, or disposed of by a
contractor or subcontractor on behalf of the Federal
Government; and
(iv) include considerations for securing the
training data, algorithms, and other components of any
artificial intelligence system against misuse,
unauthorized alteration, degradation, or rendering
inoperable; and
(B) address any other issue or concern determined to be
relevant by the Director to ensure appropriate use and
protection of privacy and Government data and other information.
(2) Consultation.--In developing the considerations under paragraph
(1)(A)(iv), the Director shall consult with the Secretary of Homeland
Security, the Secretary of Energy, the Director of the National
Institute of Standards and Technology, and the Director of National
Intelligence.
(3) Review.--The Director--
(A) should continuously update the means developed under
paragraph (1); and
(B) not later than 2 years after the date of enactment of
this Act and not less frequently than every 2 years thereafter,
shall update the means developed under paragraph (1).
(4) Briefing.--The Director shall brief the appropriate
congressional committees--
(A) not later than 90 days after the date of enactment of
this Act and thereafter on a quarterly basis until the Director
first implements the means developed under paragraph (1); and
(B) annually thereafter on the implementation of this
subsection.
(5) Sunset.--This subsection shall cease to be effective on the date
that is 5 years after the date of enactment of this Act.
SEC. 7225. AGENCY INVENTORIES AND ARTIFICIAL INTELLIGENCE USE CASES.
(a) Inventory.--Not later than 60 days after the date of enactment of this
Act, and continuously thereafter for a period of 5 years, the Director, in
consultation with the Chief Information Officers Council, the Chief Data
Officers Council, and other interagency bodies as determined to be appropriate
by the Director, shall require the head of each agency to--
(1) prepare and maintain an inventory of the artificial intelligence
use cases of the agency, including current and planned uses;
(2) share agency inventories with other agencies, to the extent
practicable and consistent with applicable law and policy, including
those concerning protection of privacy and of sensitive law enforcement,
national security, and other protected information; and
(3) make agency inventories available to the public, in a manner
determined by the Director, and to the extent practicable and in
accordance with applicable law and policy, including those concerning
the protection of privacy and of sensitive law enforcement, national
security, and other protected information.
(b) Central Inventory.--The Director is encouraged to designate a host
entity and ensure the creation and maintenance of an online public directory
to--
(1) make agency artificial intelligence use case information
available to the public and those wishing to do business with the
Federal Government; and
(2) identify common use cases across agencies.
(c) Sharing.--The sharing of agency inventories described in subsection
(a)(2) may be coordinated through the Chief Information Officers Council, the
Chief Data Officers Council, the Chief Financial Officers Council, the Chief
Acquisition Officers Council, or other interagency bodies to improve interagency
coordination and information sharing for common use cases.
(d) Department of Defense.--Nothing in this section shall apply to the
Department of Defense.
SEC. 7226. RAPID PILOT, DEPLOYMENT AND SCALE OF APPLIED ARTIFICIAL INTELLIGENCE
CAPABILITIES TO DEMONSTRATE MODERNIZATION ACTIVITIES RELATED TO
USE CASES.
(a) Identification of Use Cases.--Not later than 270 days after the date of
enactment of this Act, the Director, in consultation with the Chief Information
Officers Council, the Chief Data Officers Council, the Chief Financial Officers
Council, and other interagency bodies as determined to be appropriate by the
Director, shall identify 4 new use cases for the application of artificial
intelligence-enabled systems to support interagency or intra-agency
modernization initiatives that require linking multiple siloed internal and
external data sources, consistent with applicable laws and policies, including
those relating to the protection of privacy and of sensitive law enforcement,
national security, and other protected information.
(b) Pilot Program.--
(1) Purposes.--The purposes of the pilot program under this
subsection include--
(A) to enable agencies to operate across organizational
boundaries, coordinating between existing established programs
and silos to improve delivery of the agency mission;
(B) to demonstrate the circumstances under which artificial
intelligence can be used to modernize or assist in modernizing
legacy agency systems; and
(C) to leverage commercially available artificial
intelligence technologies that--
(i) operate in secure cloud environments that can
deploy rapidly without the need to replace existing
systems; and
(ii) do not require extensive staff or training to
build.
(2) Deployment and pilot.--Not later than 1 year after the date of
enactment of this Act, the Director, in coordination with the heads of
relevant agencies and Federal entities, including the Administrator of
General Services, the Bureau of Fiscal Service of the Department of the
Treasury, the Council of the Inspectors General on Integrity and
Efficiency, and the Pandemic Response Accountability Committee, and
other officials as the Director determines to be appropriate, shall
ensure the initiation of the piloting of the 4 new artificial
intelligence use case applications identified under subsection (a),
leveraging commercially available technologies and systems to
demonstrate scalable artificial intelligence-enabled capabilities to
support the use cases identified under subsection (a).
(3) Risk evaluation and mitigation plan.--In carrying out paragraph
(2), the Director shall require the heads of agencies to--
(A) evaluate risks in utilizing artificial intelligence
systems; and
(B) develop a risk mitigation plan to address those risks,
including consideration of--
(i) the artificial intelligence system not
performing as expected or as designed;
(ii) the quality and relevancy of the data resources
used in the training of the algorithms used in an
artificial intelligence system;
(iii) the processes for training and testing,
evaluating, validating, and modifying an artificial
intelligence system; and
(iv) the vulnerability of a utilized artificial
intelligence system to unauthorized manipulation or
misuse, including the use of data resources that
substantially differ from the training data.
(4) Prioritization.--In carrying out paragraph (2), the Director
shall prioritize modernization projects that--
(A) would benefit from commercially available privacy-
preserving techniques, such as use of differential privacy,
federated learning, and secure multiparty computing; and
(B) otherwise take into account considerations of civil
rights and civil liberties.
(5) Privacy protections.--In carrying out paragraph (2), the
Director shall require the heads of agencies to use privacy-preserving
techniques when feasible, such as differential privacy, federated
learning, and secure multiparty computing, to mitigate any risks to
individual privacy or national security created by a project or data
linkage.
(6) Use case modernization application areas.--Use case
modernization application areas described in paragraph (2) shall include
not less than 1 from each of the following categories:
(A) Applied artificial intelligence to drive agency
productivity efficiencies in predictive supply chain and
logistics, such as--
(i) predictive food demand and optimized supply;
(ii) predictive medical supplies and equipment
demand and optimized supply; or
(iii) predictive logistics to accelerate disaster
preparedness, response, and recovery.
(B) Applied artificial intelligence to accelerate agency
investment return and address mission-oriented challenges, such
as--
(i) applied artificial intelligence portfolio
management for agencies;
(ii) workforce development and upskilling;
(iii) redundant and laborious analyses;
(iv) determining compliance with Government
requirements, such as with Federal financial management
and grants management, including implementation of
chapter 64 of subtitle V of title 31, United States
Code;
(v) addressing fraud, waste, and abuse in agency
programs and mitigating improper payments; or
(vi) outcomes measurement to measure economic and
social benefits.
(7) Requirements.--Not later than 3 years after the date of
enactment of this Act, the Director, in coordination with the heads of
relevant agencies and other officials as the Director determines to be
appropriate, shall establish an artificial intelligence capability
within each of the 4 use case pilots under this subsection that--
(A) solves data access and usability issues with automated
technology and eliminates or minimizes the need for manual data
cleansing and harmonization efforts;
(B) continuously and automatically ingests data and updates
domain models in near real-time to help identify new patterns
and predict trends, to the extent possible, to help agency
personnel to make better decisions and take faster actions;
(C) organizes data for meaningful data visualization and
analysis so the Government has predictive transparency for
situational awareness to improve use case outcomes;
(D) is rapidly configurable to support multiple applications
and automatically adapts to dynamic conditions and evolving use
case requirements, to the extent possible;
(E) enables knowledge transfer and collaboration across
agencies; and
(F) preserves intellectual property rights to the data and
output for benefit of the Federal Government and agencies and
protects sensitive personally identifiable information.
(c) Briefing.--Not earlier than 270 days but not later than 1 year after the
date of enactment of this Act, and annually thereafter for 4 years, the Director
shall brief the appropriate congressional committees on the activities carried
out under this section and results of those activities.
(d) Sunset.--The section shall cease to be effective on the date that is 5
years after the date of enactment of this Act.
SEC. 7227. ENABLING ENTREPRENEURS AND AGENCY MISSIONS.
(a) Innovative Commercial Items.--Section 880 of the National Defense
Authorization Act for Fiscal Year 2017 (41 U.S.C. 3301 note) is amended--
(1) in subsection (c), by striking $10,000,000'' and inserting
``$25,000,000'';
(2) by amending subsection (f) to read as follows:
``(f) Definitions.--In this section--
``(1) the term `commercial product'--
``(A) has the meaning given the term `commercial item' in
section 2.101 of the Federal Acquisition Regulation; and
``(B) includes a commercial product or a commercial service,
as defined in sections 103 and 103a, respectively, of title 41,
United States Code; and
``(2) the term `innovative' means--
``(A) any new technology, process, or method, including
research and development; or
``(B) any new application of an existing technology,
process, or method.''; and
(3) in subsection (g), by striking ``2022'' and insert ``2027''.
(b) DHS Other Transaction Authority.--Section 831 of the Homeland Security
Act of 2002 (6 U.S.C. 391) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``September 30, 2017'' and inserting ``September 30, 2024''; and
(B) by amending paragraph (2) to read as follows:
``(2) Prototype projects.--The Secretary--
``(A) may, under the authority of paragraph (1), carry out
prototype projects under section 4022 of title 10, United States
Code; and
``(B) in applying the authorities of such section 4022, the
Secretary shall perform the functions of the Secretary of
Defense as prescribed in such section.'';
(2) in subsection (c)(1), by striking ``September 30, 2017'' and
inserting ``September 30, 2024''; and
(3) in subsection (d), by striking ``section 845(e)'' and all that
follows and inserting ``section 4022(e) of title 10, United States
Code.''.
(c) Commercial Off the Shelf Supply Chain Risk Management Tools.--
(1) In general.--The General Services Administration is encouraged
to pilot commercial off the shelf supply chain risk management tools to
improve the ability of the Federal Government to characterize, monitor,
predict, and respond to specific supply chain threats and
vulnerabilities that could inhibit future Federal acquisition
operations.
(2) Consultation.--In carrying out this subsection, the General
Services Administration shall consult with the Federal Acquisition
Security Council established under section 1322 of title 41, United
States Code.
SEC. 7228. INTELLIGENCE COMMUNITY EXCEPTION.
Nothing in this subtitle shall apply to any element of the intelligence
community, as defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
Subtitle C--Strategic EV Management
SEC. 7231. SHORT TITLE.
This subtitle may be cited as the ``Strategic EV Management Act of 2022''.
SEC. 7232. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Agency.--The term ``agency'' has the meaning given the term in
section 551 of title 5, United States Code.
(3) Appropriate congressional committees.--The term ``appropriate
congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Oversight and Reform of the House of
Representatives;
(C) the Committee on Environment and Public Works of the
Senate;
(D) the Committee on Energy and Natural Resources of the
Senate;
(E) the Committee on Energy and Commerce of the House of
Representatives;
(F) the Committee on Appropriations of the Senate; and
(G) the Committee on Appropriations of the House of
Representatives.
(4) Director.--The term ``Director'' means the Director of the
Office of Management and Budget.
SEC. 7233. STRATEGIC GUIDANCE.
(a) In General.--Not later than 2 years after the date of enactment of this
Act, the Administrator, in consultation with the Director, shall coordinate with
the heads of agencies to develop a comprehensive, strategic plan for Federal
electric vehicle fleet battery management.
(b) Contents.--The strategic plan required under subsection (a) shall--
(1) maximize both cost and environmental efficiencies; and
(2) incorporate--
(A) guidelines for optimal charging practices that will
maximize battery longevity and prevent premature degradation;
(B) guidelines for reusing and recycling the batteries of
retired vehicles;
(C) guidelines for disposing electric vehicle batteries that
cannot be reused or recycled; and
(D) any other considerations determined appropriate by the
Administrator and Director.
(c) Modification.--The Administrator, in consultation with the Director, may
periodically update the strategic plan required under subsection (a) as the
Administrator and Director may determine necessary based on new information
relating to electric vehicle batteries that becomes available.
(d) Consultation.--In developing the strategic plan required under
subsection (a) the Administrator, in consultation with the Director, may consult
with appropriate entities, including--
(1) the Secretary of Energy;
(2) the Administrator of the Environmental Protection Agency;
(3) the Chair of the Council on Environmental Quality;
(4) scientists who are studying electric vehicle batteries and reuse
and recycling solutions;
(5) laboratories, companies, colleges, universities, or start-ups
engaged in battery use, reuse, and recycling research;
(6) industries interested in electric vehicle battery reuse and
recycling;
(7) electric vehicle equipment manufacturers and recyclers; and
(8) any other relevant entities, as determined by the Administrator
and Director.
(e) Report.--
(1) In general.--Not later than 3 years after the date of enactment
of this Act, the Administrator and the Director shall submit to the
appropriate congressional committees a report that describes the
strategic plan required under subsection (a).
(2) Briefing.--Not later than 4 years after the date of enactment of
this Act, the Administrator and the Director shall brief the appropriate
congressional committees on the implementation of the strategic plan
required under subsection (a) across agencies.
SEC. 7234. STUDY OF FEDERAL FLEET VEHICLES.
Not later than 2 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a report on
how the costs and benefits of operating and maintaining electric vehicles in the
Federal fleet compare to the costs and benefits of operating and maintaining
internal combustion engine vehicles.
Subtitle D--Congressionally Mandated Reports
SEC. 7241. SHORT TITLE.
This subtitle may be cited as the ``Access to Congressionally Mandated
Reports Act''.
SEC. 7242. DEFINITIONS.
In this subtitle:
(1) Congressional leadership.--The term ``congressional leadership''
means the Speaker, majority leader, and minority leader of the House of
Representatives and the majority leader and minority leader of the
Senate.
(2) Congressionally mandated report.--
(A) In general.--The term ``congressionally mandated
report'' means a report of a Federal agency that is required by
statute to be submitted to either House of Congress or any
committee of Congress or subcommittee thereof.
(B) Exclusions.--
(i) Patriotic and national organizations.--The term
``congressionally mandated report'' does not include a
report required under part B of subtitle II of title 36,
United States Code.
(ii) Inspectors general.--The term ``congressionally
mandated report'' does not include a report by an office
of an inspector general.
(iii) National security exception.--The term
``congressionally mandated report'' does not include a
report that is required to be submitted to one or more
of the following committees:
(I) The Select Committee on Intelligence,
the Committee on Armed Services, the Committee
on Appropriations, or the Committee on Foreign
Relations of the Senate.
(II) The Permanent Select Committee on
Intelligence, the Committee on Armed Services,
the Committee on Appropriations, or the
Committee on Foreign Affairs of the House of
Representatives.
(3) Director.--The term ``Director'' means the Director of the
Government Publishing Office.
(4) Federal agency.--The term ``Federal agency'' has the meaning
given the term ``federal agency'' under section 102 of title 40, United
States Code, but does not include the Government Accountability Office
or an element of the intelligence community.
(5) Intelligence community.--The term ``intelligence community'' has
the meaning given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(6) Reports online portal.--The term ``reports online portal'' means
the online portal established under section 5243(a).
SEC. 7243. ESTABLISHMENT OF ONLINE PORTAL FOR CONGRESSIONALLY MANDATED REPORTS.
(a) Requirement To Establish Online Portal.--
(1) In general.--Not later than 1 year after the date of enactment
of this Act, the Director shall establish and maintain an online portal
accessible by the public that allows the public to obtain electronic
copies of congressionally mandated reports in one place.
(2) Existing functionality.--To the extent possible, the Director
shall meet the requirements under paragraph (1) by using existing online
portals and functionality under the authority of the Director in
consultation with the Director of National Intelligence.
(3) Consultation.--In carrying out this subtitle, the Director shall
consult with congressional leadership, the Clerk of the House of
Representatives, the Secretary of the Senate, and the Librarian of
Congress regarding the requirements for and maintenance of
congressionally mandated reports on the reports online portal.
(b) Content and Function.--The Director shall ensure that the reports online
portal includes the following:
(1) Subject to subsection (c), with respect to each congressionally
mandated report, each of the following:
(A) A citation to the statute requiring the report.
(B) An electronic copy of the report, including any
transmittal letter associated with the report, that--
(i) is based on an underlying open data standard
that is maintained by a standards organization;
(ii) allows the full text of the report to be
searchable; and
(iii) is not encumbered by any restrictions that
would impede the reuse or searchability of the report.
(C) The ability to retrieve a report, to the extent
practicable, through searches based on each, and any
combination, of the following:
(i) The title of the report.
(ii) The reporting Federal agency.
(iii) The date of publication.
(iv) Each congressional committee or subcommittee
receiving the report, if applicable.
(v) The statute requiring the report.
(vi) Subject tags.
(vii) A unique alphanumeric identifier for the
report that is consistent across report editions.
(viii) The serial number, Superintendent of
Documents number, or other identification number for the
report, if applicable.
(ix) Key words.
(x) Full text search.
(xi) Any other relevant information specified by the
Director.
(D) The date on which the report was required to be
submitted, and on which the report was submitted, to the reports
online portal.
(E) To the extent practicable, a permanent means of
accessing the report electronically.
(2) A means for bulk download of all congressionally mandated
reports.
(3) A means for downloading individual reports as the result of a
search.
(4) An electronic means for the head of each Federal agency to
submit to the reports online portal each congressionally mandated report
of the agency, as required by sections 5244 and 5246.
(5) In tabular form, a list of all congressionally mandated reports
that can be searched, sorted, and downloaded by--
(A) reports submitted within the required time;
(B) reports submitted after the date on which such reports
were required to be submitted; and
(C) to the extent practicable, reports not submitted.
(c) Noncompliance by Federal Agencies.--
(1) Reports not submitted.--If a Federal agency does not submit a
congressionally mandated report to the Director, the Director shall to
the extent practicable--
(A) include on the reports online portal--
(i) the information required under clauses (i),
(ii), (iv), and (v) of subsection (b)(1)(C); and
(ii) the date on which the report was required to be
submitted; and
(B) include the congressionally mandated report on the list
described in subsection (b)(5)(C).
(2) Reports not in open format.--If a Federal agency submits a
congressionally mandated report that does not meet the criteria
described in subsection (b)(1)(B), the Director shall still include the
congressionally mandated report on the reports online portal.
(d) Deadline.--The Director shall ensure that information required to be
published on the reports online portal under this subtitle with respect to a
congressionally mandated report or information required under subsection (c) of
this section is published--
(1) not later than 30 days after the information is received from
the Federal agency involved; or
(2) in the case of information required under subsection (c), not
later than 30 days after the deadline under this subtitle for the
Federal agency involved to submit information with respect to the
congressionally mandated report involved.
(e) Exception for Certain Reports.--
(1) Exception described.--A congressionally mandated report which is
required by statute to be submitted to a committee of Congress or a
subcommittee thereof, including any transmittal letter associated with
the report, shall not be submitted to or published on the reports online
portal if the chair of a committee or subcommittee to which the report
is submitted notifies the Director in writing that the report is to be
withheld from submission and publication under this subtitle.
(2) Notice on portal.--If a report is withheld from submission to or
publication on the reports online portal under paragraph (1), the
Director shall post on the portal--
(A) a statement that the report is withheld at the request
of a committee or subcommittee involved; and
(B) the written notification provided by the chair of the
committee or subcommittee specified in paragraph (1).
(f) Free Access.--The Director may not charge a fee, require registration,
or impose any other limitation in exchange for access to the reports online
portal.
(g) Upgrade Capability.--The reports online portal shall be enhanced and
updated as necessary to carry out the purposes of this subtitle.
(h) Submission to Congress.--The submission of a congressionally mandated
report to the reports online portal pursuant to this subtitle shall not be
construed to satisfy any requirement to submit the congressionally mandated
report to Congress, or a committee or subcommittee thereof.
SEC. 7244. FEDERAL AGENCY RESPONSIBILITIES.
(a) Submission of Electronic Copies of Reports.--Not earlier than 30 days or
later than 60 days after the date on which a congressionally mandated report is
submitted to either House of Congress or to any committee of Congress or
subcommittee thereof, the head of the Federal agency submitting the
congressionally mandated report shall submit to the Director the information
required under subparagraphs (A) through (D) of section 5243(b)(1) with respect
to the congressionally mandated report. Notwithstanding section 5246, nothing in
this subtitle shall relieve a Federal agency of any other requirement to publish
the congressionally mandated report on the online portal of the Federal agency
or otherwise submit the congressionally mandated report to Congress or specific
committees of Congress, or subcommittees thereof.
(b) Guidance.--Not later than 180 days after the date of enactment of this
Act, the Director of the Office of Management and Budget, in consultation with
the Director, shall issue guidance to agencies on the implementation of this
subtitle.
(c) Structure of Submitted Report Data.--The head of each Federal agency
shall ensure that each congressionally mandated report submitted to the Director
complies with the guidance on the implementation of this subtitle issued by the
Director of the Office of Management and Budget under subsection (b).
(d) Point of Contact.--The head of each Federal agency shall designate a
point of contact for congressionally mandated reports.
(e) Requirement for Submission.--The Director shall not publish any report
through the reports online portal that is received from anyone other than the
head of the applicable Federal agency, or an officer or employee of the Federal
agency specifically designated by the head of the Federal agency.
SEC. 7245. CHANGING OR REMOVING REPORTS.
(a) Limitation on Authority To Change or Remove Reports.--Except as provided
in subsection (b), the head of the Federal agency concerned may change or remove
a congressionally mandated report submitted to be published on the reports
online portal only if--
(1) the head of the Federal agency consults with each committee of
Congress or subcommittee thereof to which the report is required to be
submitted (or, in the case of a report which is not required to be
submitted to a particular committee of Congress or subcommittee thereof,
to each committee with jurisdiction over the agency, as determined by
the head of the agency in consultation with the Speaker of the House of
Representatives and the President pro tempore of the Senate) prior to
changing or removing the report; and
(2) a joint resolution is enacted to authorize the change in or
removal of the report.
(b) Exceptions.--Notwithstanding subsection (a), the head of the Federal
agency concerned--
(1) may make technical changes to a report submitted to or published
on the reports online portal;
(2) may remove a report from the reports online portal if the report
was submitted to or published on the reports online portal in error; and
(3) may withhold information, records, or reports from publication
on the reports online portal in accordance with section 5246.
SEC. 7246. WITHHOLDING OF INFORMATION.
(a) In General.--Nothing in this subtitle shall be construed to--
(1) require the disclosure of information, records, or reports that
are exempt from public disclosure under section 552 of title 5, United
States Code, or that are required to be withheld under section 552a of
title 5, United States Code; or
(2) impose any affirmative duty on the Director to review
congressionally mandated reports submitted for publication to the
reports online portal for the purpose of identifying and redacting such
information or records.
(b) Withholding of Information.--
(1) In general.--Consistent with subsection (a)(1), the head of a
Federal agency may withhold from the Director, and from publication on
the reports online portal, any information, records, or reports that are
exempt from public disclosure under section 552 of title 5, United
States Code, or that are required to be withheld under section 552a of
title 5, United States Code.
(2) National security.--Nothing in this subtitle shall be construed
to require the publication, on the reports online portal or otherwise,
of any report containing information that is classified, the public
release of which could have a harmful effect on national security, or
that is otherwise prohibited.
(3) Law enforcement sensitive.--Nothing in this subtitle shall be
construed to require the publication on the reports online portal or
otherwise of any congressionally mandated report--
(A) containing information that is law enforcement
sensitive; or
(B) that describe information security policies, procedures,
or activities of the executive branch.
(c) Responsibility for Withholding of Information.--In publishing
congressionally mandated reports to the reports online portal in accordance with
this subtitle, the head of each Federal agency shall be responsible for
withholding information pursuant to the requirements of this section.
SEC. 7247. IMPLEMENTATION.
(a) Reports Submitted to Congress.--
(1) In general.--This subtitle shall apply with respect to any
congressionally mandated report which--
(A) is required by statute to be submitted to the House of
Representatives, or the Speaker thereof, or the Senate, or the
President or President Pro Tempore thereof, at any time on or
after the date of the enactment of this Act; or
(B) is included by the Clerk of the House of Representatives
or the Secretary of the Senate (as the case may be) on the list
of reports received by the House of Representatives or the
Senate (as the case may be) at any time on or after the date of
the enactment of this Act.
(2) Transition rule for previously submitted reports.--To the extent
practicable, the Director shall ensure that any congressionally mandated
report described in paragraph (1) which was required to be submitted to
Congress by a statute enacted before the date of the enactment of this
Act is published on the reports online portal under this subtitle.
(b) Reports Submitted to Committees.--In the case of congressionally
mandated reports which are required by statute to be submitted to a committee of
Congress or a subcommittee thereof, this subtitle shall apply with respect to--
(1) any such report which is first required to be submitted by a
statute which is enacted on or after the date of the enactment of this
Act; and
(2) to the maximum extent practical, any congressionally mandated
report which was required to be submitted by a statute enacted before
the date of enactment of this Act unless--
(A) the chair of the committee, or subcommittee thereof, to
which the report was required to be submitted notifies the
Director in writing that the report is to be withheld from
publication; and
(B) the Director publishes the notification on the reports
online portal.
(c) Access for Congressional Leadership.--Notwithstanding any provision of
this subtitle or any other provision of law, congressional leadership shall have
access to any congressionally mandated report.
SEC. 7248. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this subtitle, for the purpose of complying with
the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the
latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this
subtitle, submitted for printing in the Congressional Record by the Chairman of
the Senate Budget Committee, provided that such statement has been submitted
prior to the vote on passage.
TITLE LXXIII--TRANSPORTATION AND INFRASTRUCTURE MATTERS
Subtitle A--Global Catastrophic Risk Management Act of 2022
Sec. 7301. Short title.
Sec. 7302. Definitions.
Sec. 7303. Assessment of global catastrophic risk.
Sec. 7304. Report required.
Sec. 7305. Enhanced catastrophic incident annex.
Sec. 7306. Validation of the strategy through an exercise.
Sec. 7307. Recommendations.
Sec. 7308. Reporting requirements.
Sec. 7309. Rules of construction.
Subtitle B--Technological Hazards Preparedness and Training
Sec. 7311. Short title.
Sec. 7312. Definitions.
Sec. 7313. Assistance and training for communities with technological
hazards and related emerging threats.
Sec. 7314. Authorization of appropriations.
Sec. 7315. Savings provision.
Subtitle C--Other Matters
Sec. 7321. Crisis counseling assistance and training.
Subtitle A--Global Catastrophic Risk Management Act of 2022
SEC. 7301. SHORT TITLE.
This subtitle may be cited as the ``Global Catastrophic Risk Management Act
of 2022''.
SEC. 7302. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Basic need.--The term ``basic need''--
(A) means any good, service, or activity necessary to
protect the health, safety, and general welfare of the civilian
population of the United States; and
(B) includes--
(i) food;
(ii) water;
(iii) shelter;
(iv) basic communication services;
(v) basic sanitation and health services; and
(vi) public safety.
(3) Catastrophic incident.--The term ``catastrophic incident''--
(A) means any natural or man-made disaster that results in
extraordinary levels of casualties or damage, mass evacuations,
or disruption severely affecting the population, infrastructure,
environment, economy, national morale, or government functions
in an area; and
(B) may include an incident--
(i) with a sustained national impact over a
prolonged period of time;
(ii) that may rapidly exceed resources available to
State and local government and private sector
authorities in the impacted area; or
(iii) that may significantly interrupt governmental
operations and emergency services to such an extent that
national security could be threatened.
(4) Critical infrastructure.--The term ``critical infrastructure''
has the meaning given such term in section 1016(e) of the Critical
Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e)).
(5) Existential risk.--The term ``existential risk'' means the
potential for an outcome that would result in human extinction.
(6) Global catastrophic risk.--The term ``global catastrophic risk''
means the risk of events or incidents consequential enough to
significantly harm or set back human civilization at the global scale.
(7) Global catastrophic and existential threats.--The term ``global
catastrophic and existential threats'' means threats that with varying
likelihood may produce consequences severe enough to result in systemic
failure or destruction of critical infrastructure or significant harm to
human civilization. Examples of global catastrophic and existential
threats include severe global pandemics, nuclear war, asteroid and comet
impacts, supervolcanoes, sudden and severe changes to the climate, and
intentional or accidental threats arising from the use and development
of emerging technologies.
(8) Indian tribal government.--The term ``Indian Tribal government''
has the meaning given the term ``Indian tribal government'' in section
102 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122).
(9) Local government; state.--The terms ``local government'' and
``State'' have the meanings given such terms in section 102 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122).
(10) National exercise program.--The term ``national exercise
program'' means activities carried out to test and evaluate the national
preparedness goal and related plans and strategies as described in
section 648(b) of the Post-Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 748(b)).
(11) Secretary.--The term ``Secretary'' means the Secretary of
Homeland Security.
SEC. 7303. ASSESSMENT OF GLOBAL CATASTROPHIC RISK.
(a) In General.--The Secretary and the Administrator shall coordinate an
assessment of global catastrophic risk.
(b) Coordination.--When coordinating the assessment under subsection (a),
the Secretary and the Administrator shall coordinate with senior designees of--
(1) the Assistant to the President for National Security Affairs;
(2) the Director of the Office of Science and Technology Policy;
(3) the Secretary of State and the Under Secretary of State for Arms
Control and International Security;
(4) the Attorney General and the Director of the Federal Bureau of
Investigation;
(5) the Secretary of Energy, the Under Secretary of Energy for
Nuclear Security, and the Director of Science;
(6) the Secretary of Health and Human Services, the Assistant
Secretary for Preparedness and Response, and the Assistant Secretary of
Global Affairs;
(7) the Secretary of Commerce, the Under Secretary of Commerce for
Oceans and Atmosphere, and the Under Secretary of Commerce for Standards
and Technology;
(8) the Secretary of the Interior and the Director of the United
States Geological Survey;
(9) the Administrator of the Environmental Protection Agency and the
Assistant Administrator for Water;
(10) the Administrator of the National Aeronautics and Space
Administration;
(11) the Director of the National Science Foundation;
(12) the Secretary of the Treasury;
(13) the Secretary of Defense, the Assistant Secretary of the Army
for Civil Works, and the Chief of Engineers and Commanding General of
the Army Corps of Engineers;
(14) the Chairman of the Joint Chiefs of Staff;
(15) the Administrator of the United States Agency for International
Development;
(16) the Secretary of Transportation; and
(17) other stakeholders the Secretary and the Administrator
determine appropriate.
SEC. 7304. REPORT REQUIRED.
(a) In General.--Not later than 1 year after the date of enactment of this
Act, and every 10 years thereafter, the Secretary, in coordination with the
Administrator, shall submit to the Committee on Homeland Security and
Governmental Affairs and the Committee on Armed Services of the Senate and the
Committee on Transportation and Infrastructure and the Committee on Armed
Services of the House of Representatives a report containing a detailed
assessment, based on the input and coordination required under section 7303, of
global catastrophic and existential risk.
(b) Matters Covered.--Each report required under subsection (a) shall
include--
(1) expert estimates of cumulative global catastrophic and
existential risk in the next 30 years, including separate estimates for
the likelihood of occurrence and potential consequences;
(2) expert-informed analyses of the risk of the most concerning
specific global catastrophic and existential threats, including separate
estimates, where reasonably feasible and credible, of each threat for
its likelihood of occurrence and its potential consequences, as well as
associated uncertainties;
(3) a comprehensive list of potential catastrophic or existential
threats, including even those that may have very low likelihood;
(4) technical assessments and lay explanations of the analyzed
global catastrophic and existential risks, including their qualitative
character and key factors affecting their likelihood of occurrence and
potential consequences;
(5) an explanation of any factors that limit the ability of the
Secretary to assess the risk both cumulatively and for particular
threats, and how those limitations may be overcome through future
research or with additional resources, programs, or authorities;
(6) a forecast of if and why global catastrophic and existential
risk is likely to increase or decrease significantly in the next 10
years, both qualitatively and quantitatively, as well as a description
of associated uncertainties;
(7) proposals for how the Federal Government may more adequately
assess global catastrophic and existential risk on an ongoing basis in
future years;
(8) recommendations for legislative actions, as appropriate, to
support the evaluation and assessment of global catastrophic and
existential risk; and
(9) other matters deemed appropriate by the Secretary, in
coordination with the Administrator, and based on the input and
coordination required under section 7303.
(c) Consultation Requirement.--In producing the report required under
subsection (a), the Secretary shall--
(1) regularly consult with experts on severe global pandemics,
nuclear war, asteroid and comet impacts, supervolcanoes, sudden and
severe changes to the climate, and intentional or accidental threats
arising from the use and development of emerging technologies; and
(2) share information gained through the consultation required under
paragraph (1) with relevant Federal partners listed in section 7303(b).
SEC. 7305. ENHANCED CATASTROPHIC INCIDENT ANNEX.
(a) In General.--The Secretary, in coordination with the Administrator and
the Federal partners listed in section 7303(b), shall supplement each Federal
Interagency Operational Plan to include an annex containing a strategy to ensure
the health, safety, and general welfare of the civilian population affected by
catastrophic incidents by--
(1) providing for the basic needs of the civilian population of the
United States that is impacted by catastrophic incidents in the United
States;
(2) coordinating response efforts with State, local, and Indian
Tribal governments, the private sector, and nonprofit relief
organizations;
(3) promoting personal and local readiness and non-reliance on
government relief during periods of heightened tension or after
catastrophic incidents; and
(4) developing international partnerships with allied nations for
the provision of relief services and goods.
(b) Elements of the Strategy.--The strategy required under subsection (a)
shall include a description of--
(1) actions the Federal Government should take to ensure the basic
needs of the civilian population of the United States in a catastrophic
incident are met;
(2) how the Federal Government should coordinate with non-Federal
entities to multiply resources and enhance relief capabilities,
including--
(A) State and local governments;
(B) Indian Tribal governments;
(C) State disaster relief agencies;
(D) State and local disaster relief managers;
(E) State National Guards;
(F) law enforcement and first response entities; and
(G) nonprofit relief services;
(3) actions the Federal Government should take to enhance individual
resiliency to the effects of a catastrophic incident, which actions
shall include--
(A) readiness alerts to the public during periods of
elevated threat;
(B) efforts to enhance domestic supply and availability of
critical goods and basic necessities; and
(C) information campaigns to ensure the public is aware of
response plans and services that will be activated when
necessary;
(4) efforts the Federal Government should undertake and agreements
the Federal Government should seek with international allies to enhance
the readiness of the United States to provide for the general welfare;
(5) how the strategy will be implemented should multiple levels of
critical infrastructure be destroyed or taken offline entirely for an
extended period of time; and
(6) the authorities the Federal Government should implicate in
responding to a catastrophic incident.
(c) Assumptions.--In designing the strategy under subsection (a), the
Secretary, in coordination with the Administrator and the Federal partners
listed in section 7303(b), shall account for certain factors to make the
strategy operationally viable, including the assumption that--
(1) multiple levels of critical infrastructure have been taken
offline or destroyed by catastrophic incidents or the effects of
catastrophic incidents;
(2) impacted sectors may include--
(A) the transportation sector;
(B) the communication sector;
(C) the energy sector;
(D) the healthcare and public health sector; and
(E) the water and wastewater sector;
(3) State, local, Indian Tribal, and territorial governments have
been equally affected or made largely inoperable by catastrophic
incidents or the effects of catastrophic incidents;
(4) the emergency has exceeded the response capabilities of State,
local, and Indian Tribal governments under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
and other relevant disaster response laws; and
(5) the United States military is sufficiently engaged in armed or
cyber conflict with State or non-State adversaries, or is otherwise
unable to augment domestic response capabilities in a significant manner
due to a catastrophic incident.
SEC. 7306. VALIDATION OF THE STRATEGY THROUGH AN EXERCISE.
Not later than 1 year after the addition of the annex required under section
7305, the Administrator shall lead an exercise as part of the national exercise
program to test and enhance the operationalization of the strategy required
under section 7305.
SEC. 7307. RECOMMENDATIONS.
(a) In General.--The Secretary, in coordination with the Administrator and
the Federal partners listed in section 7303(b) of this title, shall provide
recommendations to Congress for--
(1) actions that should be taken to prepare the United States to
implement the strategy required under section 7305, increase readiness,
and address preparedness gaps for responding to the impacts of
catastrophic incidents on citizens of the United States; and
(2) additional authorities that should be considered for Federal
agencies to more effectively implement the strategy required under
section 7305.
(b) Inclusion in Reports.--The Secretary may include the recommendations
required under subsection (a) in a report submitted under section 7308.
SEC. 7308. REPORTING REQUIREMENTS.
Not later than 1 year after the date on which the Administrator leads the
exercise under section 7306, the Secretary, in coordination with the
Administrator, shall submit to Congress a report that includes--
(1) a description of the efforts of the Secretary and the
Administrator to develop and update the strategy required under section
7305; and
(2) an after-action report following the conduct of the exercise
described in section 7306.
SEC. 7309. RULES OF CONSTRUCTION.
(a) Administrator.--Nothing in this subtitle shall be construed to supersede
the civilian emergency management authority of the Administrator under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) or the Post Katrina Emergency Management Reform Act (6 U.S.C. 701 et
seq.).
(b) Secretary.--Nothing in this subtitle shall be construed as providing new
authority to the Secretary, except to coordinate and facilitate the development
of the assessments and reports required pursuant to this subtitle.
Subtitle B--Technological Hazards Preparedness and Training
SEC. 7311. SHORT TITLE.
This subtitle may be cited as the ``Technological Hazards Preparedness and
Training Act of 2022''.
SEC. 7312. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Indian tribal government.--The term ``Indian Tribal government''
has the meaning given the term ``Indian tribal government'' in section
102 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122).
(3) Local government; state.--The terms ``local government'' and
``State'' have the meanings given such terms in section 102 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122).
(4) Technological hazard and related emerging threat.--The term
``technological hazard and related emerging threat''--
(A) means a hazard that involves materials created by humans
that pose a unique hazard to the general public and environment
and which may result from--
(i) an accident;
(ii) an emergency caused by another hazard; or
(iii) intentional use of the hazardous materials;
and
(B) includes a chemical, radiological, biological, and
nuclear hazard.
SEC. 7313. ASSISTANCE AND TRAINING FOR COMMUNITIES WITH TECHNOLOGICAL HAZARDS
AND RELATED EMERGING THREATS.
(a) In General.--The Administrator shall maintain the capacity to provide
States, local, and Indian Tribal governments with technological hazards and
related emerging threats technical assistance, training, and other preparedness
programming to build community resilience to technological hazards and related
emerging threats.
(b) Authorities.--The Administrator shall carry out subsection (a) in
accordance with--
(1) the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.);
(2) section 1236 of the Disaster Recovery Reform Act of 2018 (42
U.S.C. 5196g); and
(3) the Post-Katrina Emergency Management Reform Act of 2006 (Public
Law 109-295; 120 Stat. 1394).
(c) Assessment and Notification.--In carrying out subsection (a), the
Administrator shall--
(1) use any available and appropriate multi-hazard risk assessment
and mapping tools and capabilities to identify the communities that have
the highest risk of and vulnerability to a technological hazard in each
State; and
(2) ensure each State and Indian Tribal government is aware of--
(A) the communities identified under paragraph (1); and
(B) the availability of programming under this section for--
(i) technological hazards and related emerging
threats preparedness; and
(ii) building community capability.
(d) Report.--Not later than 1 year after the date of enactment of this Act,
and annually thereafter, the Administrator shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate, the Committee on
Appropriations of the Senate, the Committee on Energy and Natural Resources of
the Senate, the Committee on Health, Education, Labor, and Pensions of the
Senate, the Committee on Energy and Commerce of the House of Representatives,
the Committee on Homeland Security of the House of Representatives, the
Committee on Appropriations of the House of Representatives, and the Committee
on Transportation and Infrastructure of the House of Representatives a report
relating to--
(1) actions taken to implement this section; and
(2) technological hazards and related emerging threats preparedness
programming provided under this section during the 1-year period
preceding the date of submission of the report.
(e) Consultation.--The Secretary of Homeland Security may seek continuing
input relating to technological hazards and related emerging threats
preparedness needs by consulting State, Tribal, territorial, and local emergency
services organizations and private sector stakeholders.
(f) Coordination.--The Secretary of Homeland Security shall coordinate with
the Secretary of Energy relating to technological hazard preparedness and
training for a hazard that could result from activities or facilities authorized
or licensed by the Department of Energy.
(g) Non-duplication of Effort.--In carrying out activities under subsection
(a), the Administrator shall ensure that such activities do not unnecessarily
duplicate efforts of other Federal departments or agencies, including programs
within the Department of Health and Human Services.
SEC. 7314. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle
$20,000,000 for each of fiscal years 2023 through 2024.
SEC. 7315. SAVINGS PROVISION.
Nothing in this subtitle shall diminish or divert resources from--
(1) the full completion of federally-led chemical surety material
storage missions or chemical demilitarization missions that are underway
as of the date of enactment of this Act; or
(2) any transitional activities or other community assistance
incidental to the completion of the missions described in paragraph (1).
Subtitle C--Other Matters
SEC. 7321. CRISIS COUNSELING ASSISTANCE AND TRAINING.
(a) Federal Emergency Assistance.--Section 502(a)(6) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5192(a)(6)) is
amended by inserting ``and section 416'' after ``section 408''.
(b) Applicability.--The amendment made by subsection (a) shall only apply to
amounts appropriated on or after the date of enactment of this Act.
DIVISION H--WATER RESOURCES
TITLE LXXXI--WATER RESOURCES DEVELOPMENT ACT OF 2022
SEC. 8001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Water Resources
Development Act of 2022''.
(b) Table of Contents.--The table of contents for this title is as follows:
Sec. 8001. Short title; table of contents.
Sec. 8002. Secretary defined.
Subtitle A--General Provisions
Sec. 8101. Federal breakwaters and jetties.
Sec. 8102. Emergency response to natural disasters.
Sec. 8103. Shoreline and riverbank protection and restoration mission.
Sec. 8104. Floodplain management services.
Sec. 8105. Public recreational amenities in ecosystem restoration
projects.
Sec. 8106. Scope of feasibility studies.
Sec. 8107. Water supply conservation.
Sec. 8108. Managed aquifer recharge study and working group.
Sec. 8109. Updates to certain water control manuals.
Sec. 8110. National coastal mapping study.
Sec. 8111. Tribal partnership program.
Sec. 8112. Tribal Liaison.
Sec. 8113. Tribal assistance.
Sec. 8114. Cost sharing provisions for the territories and Indian
Tribes.
Sec. 8115. Tribal and Economically Disadvantaged Communities Advisory
Committee.
Sec. 8116. Workforce planning.
Sec. 8117. Corps of Engineers support for underserved communities;
outreach.
Sec. 8118. Pilot programs for certain communities.
Sec. 8119. Technical assistance.
Sec. 8120. Technical assistance for levee inspections.
Sec. 8121. Assessment of Corps of Engineers levees.
Sec. 8122. National low-head dam inventory.
Sec. 8123. Expediting hydropower at Corps of Engineers facilities.
Sec. 8124. Reserve component training at water resources development
projects.
Sec. 8125. Payment of pay and allowances of certain officers from
appropriation for improvements.
Sec. 8126. Maintenance dredging permits.
Sec. 8127. Environmental dredging.
Sec. 8128. Assessment of regional confined aquatic disposal facilities.
Sec. 8129. Studies for periodic nourishment.
Sec. 8130. Beneficial use of dredged material; management plans.
Sec. 8131. Criteria for funding operation and maintenance of small,
remote, and subsistence harbors.
Sec. 8132. Additional projects for underserved community harbors.
Sec. 8133. Inland waterways regional dredge pilot program.
Sec. 8134. NEPA reporting.
Sec. 8135. Funding to process permits.
Sec. 8136. Lease durations.
Sec. 8137. Reforestation.
Sec. 8138. Emergency streambank and shoreline protection.
Sec. 8139. Lease deviations.
Sec. 8140. Policy and technical standards.
Sec. 8141. Corps records relating to harmful algal blooms in Lake
Okeechobee, Florida.
Sec. 8142. Forecasting models for the Great Lakes.
Sec. 8143. Monitoring and assessment program for saline lakes in the
Great Basin.
Sec. 8144. Chattahoochee River program.
Sec. 8145. Lower Mississippi River Basin demonstration program.
Sec. 8146. Washington Aqueduct.
Sec. 8147. Water infrastructure public-private partnership pilot
program.
Sec. 8148. Advance payment in lieu of reimbursement for certain Federal
costs.
Sec. 8149. Use of other Federal funds.
Sec. 8150. Non-Federal Interest Advisory Committee.
Sec. 8151. Materials, services, and funds for repair, restoration, or
rehabilitation of certain public recreation
facilities.
Sec. 8152. Rehabilitation of pump stations.
Sec. 8153. Report to Congress on Corps of Engineers reservoirs.
Sec. 8154. Temporary relocation assistance pilot program.
Sec. 8155. Continuation of construction.
Sec. 8156. Federal interest determination.
Sec. 8157. Inland waterway projects.
Sec. 8158. Corps of Engineers Western Water Cooperative Committee.
Sec. 8159. Support of Army civil works missions.
Sec. 8160. Civil works research and development.
Sec. 8161. Sense of Congress on operations and maintenance of
recreation sites.
Sec. 8162. Sense of Congress relating to post-disaster repairs.
Subtitle B--Studies and Reports
Sec. 8201. Authorization of proposed feasibility studies.
Sec. 8202. Expedited completion.
Sec. 8203. Expedited modifications of existing feasibility studies.
Sec. 8204. Corps of Engineers reservoir sedimentation assessment.
Sec. 8205. Report and recommendations on dredge capacity.
Sec. 8206. Assessment of impacts from changing operation and
maintenance responsibilities.
Sec. 8207. Maintenance dredging data.
Sec. 8208. Western infrastructure study.
Sec. 8209. Recreation and economic development at Corps facilities in
Appalachia.
Sec. 8210. Ouachita River watershed, Arkansas and Louisiana.
Sec. 8211. Report on Santa Barbara streams, Lower Mission Creek,
California.
Sec. 8212. Disposition study on Salinas Dam and Reservoir, California.
Sec. 8213. Excess lands report for Whittier Narrows Dam, California.
Sec. 8214. Comprehensive central and southern Florida study.
Sec. 8215. Northern estuaries ecosystem restoration, Florida.
Sec. 8216. Study on shellfish habitat and seagrass, Florida Central
Gulf Coast.
Sec. 8217. Report on South Florida ecosystem restoration plan
implementation.
Sec. 8218. Great Lakes recreational boating.
Sec. 8219. Hydraulic evaluation of Upper Mississippi River and Illinois
River.
Sec. 8220. Disposition study on hydropower in the Willamette Valley,
Oregon.
Sec. 8221. Houston Ship Channel Expansion Channel Improvement Project,
Texas.
Sec. 8222. Sabine-Neches waterway navigation improvement project,
Texas.
Sec. 8223. Norfolk Harbor and Channels, Virginia.
Sec. 8224. Coastal Virginia, Virginia.
Sec. 8225. West Virginia hydropower.
Sec. 8226. Electronic preparation and submission of applications.
Sec. 8227. Investments for recreation areas.
Sec. 8228. Automated fee machines.
Sec. 8229. Review of recreational hazards.
Sec. 8230. Assessment of coastal flooding mitigation modeling and
testing capacity.
Sec. 8231. Report on socially and economically disadvantaged small
business concerns.
Sec. 8232. Report on solar energy opportunities.
Sec. 8233. Report to Congress on economic valuation of preservation of
open space, recreational areas, and habitat
associated with project lands.
Sec. 8234. Report on corrosion prevention activities.
Sec. 8235. Report to Congress on easements related to water resources
development projects.
Sec. 8236. GAO studies.
Sec. 8237. Assessment of forest, rangeland, and watershed restoration
services on lands owned by the Corps of
Engineers.
Subtitle C--Deauthorizations and Modifications
Sec. 8301. Deauthorization of inactive projects.
Sec. 8302. Watershed and river basin assessments.
Sec. 8303. Forecast-informed reservoir operations.
Sec. 8304. Lakes program.
Sec. 8305. Invasive species.
Sec. 8306. Maintenance of navigation channels.
Sec. 8307. Project reauthorizations.
Sec. 8308. Special rule for certain beach nourishment projects.
Sec. 8309. Columbia River Basin.
Sec. 8310. Evaluation of hydrologic changes in Souris River Basin.
Sec. 8311. Acequias irrigation systems.
Sec. 8312. Port of Nome, Alaska.
Sec. 8313. St. George, Alaska.
Sec. 8314. Unalaska (Dutch Harbor) Channels, Alaska.
Sec. 8315. Storm damage prevention and reduction, coastal erosion, and
ice and glacial damage, Alaska.
Sec. 8316. St. Francis Lake Control Structure.
Sec. 8317. South Platte River and Tributaries, Adams and Denver
Counties, Colorado.
Sec. 8318. Fruitvale Avenue Railroad Bridge, Alameda, California.
Sec. 8319. Los Angeles County, California.
Sec. 8320. Deauthorization of designated portions of the Los Angeles
County Drainage Area, California.
Sec. 8321. Murrieta Creek, California.
Sec. 8322. Sacramento River Basin, California.
Sec. 8323. San Diego River and Mission Bay, San Diego County,
California.
Sec. 8324. Additional assistance for Eastern Santa Clara Basin,
California.
Sec. 8325. San Francisco Bay, California.
Sec. 8326. South San Francisco Bay Shoreline, California.
Sec. 8327. Delaware shore protection and restoration.
Sec. 8328. St. Johns River Basin, Central and Southern Florida.
Sec. 8329. Little Pass, Clearwater Bay, Florida.
Sec. 8330. Comprehensive Everglades Restoration Plan, Florida.
Sec. 8331. Palm Beach Harbor, Florida.
Sec. 8332. Port Everglades, Florida.
Sec. 8333. South Florida Ecosystem Restoration Task Force.
Sec. 8334. New Savannah Bluff Lock and Dam, Georgia and South Carolina.
Sec. 8335. Little Wood River, Gooding, Idaho.
Sec. 8336. Chicago shoreline protection.
Sec. 8337. Great Lakes and Mississippi River Interbasin project,
Brandon Road, Will County, Illinois.
Sec. 8338. Southeast Des Moines, Southwest Pleasant Hill, Iowa.
Sec. 8339. City of El Dorado, Kansas.
Sec. 8340. Algiers Canal Levees, Louisiana.
Sec. 8341. Mississippi River Gulf Outlet, Louisiana.
Sec. 8342. Camp Ellis, Saco, Maine.
Sec. 8343. Lower Mississippi River comprehensive management study.
Sec. 8344. Upper Mississippi River protection.
Sec. 8345. Upper Mississippi River restoration program.
Sec. 8346. Water level management on the Upper Mississippi River and
Illinois Waterway.
Sec. 8347. Mississippi Delta Headwaters, Mississippi.
Sec. 8348. Sense of Congress relating to Okatibbee Lake, Mississippi.
Sec. 8349. Argentine, East Bottoms, Fairfax-Jersey Creek, and North
Kansas Levees units, Missouri River and
tributaries at Kansas Cities, Missouri and
Kansas.
Sec. 8350. Lower Missouri River streambank erosion control evaluation
and demonstration projects.
Sec. 8351. Missouri River interception-rearing complexes.
Sec. 8352. Missouri River mitigation project, Missouri, Kansas, Iowa,
and Nebraska.
Sec. 8353. Northern Missouri.
Sec. 8354. Israel River, Lancaster, New Hampshire.
Sec. 8355. Middle Rio Grande flood protection, Bernalillo to Belen, New
Mexico.
Sec. 8356. Ecosystem restoration, Hudson-Raritan Estuary, New York and
New Jersey.
Sec. 8357. Arkansas River corridor, Oklahoma.
Sec. 8358. Copan Lake, Oklahoma.
Sec. 8359. Southwestern Oregon.
Sec. 8360. Yaquina River, Oregon.
Sec. 8361. Lower Blackstone River, Rhode Island.
Sec. 8362. Charleston Harbor, South Carolina.
Sec. 8363. Colleton County, South Carolina.
Sec. 8364. Ensley levee, Tennessee.
Sec. 8365. Wolf River Harbor, Tennessee.
Sec. 8366. Addicks and Barker Reservoirs, Texas.
Sec. 8367. North Padre Island, Corpus Christi Bay, Texas.
Sec. 8368. Nueces County, Texas.
Sec. 8369. Lake Champlain Canal, Vermont and New York.
Sec. 8370. Rehabilitation of Corps of Engineers constructed dams.
Sec. 8371. Puget Sound nearshore ecosystem restoration, Washington.
Sec. 8372. Lower Mud River, Milton, West Virginia.
Sec. 8373. Northern West Virginia.
Sec. 8374. Southern West Virginia.
Sec. 8375. Environmental infrastructure.
Sec. 8376. Additional assistance for critical projects.
Sec. 8377. Conveyances.
Sec. 8378. Land transfer and trust land for Choctaw Nation of Oklahoma.
Sec. 8379. John P. Murtha Locks and Dam.
Sec. 8380. Treatment of certain benefits and costs.
Sec. 8381. Debris removal.
Sec. 8382. General reauthorizations.
Sec. 8383. Transfer of excess credit.
Sec. 8384. Treatment of credit between projects.
Sec. 8385. Non-Federal payment flexibility.
Sec. 8386. Coastal community flood control and other purposes.
Sec. 8387. National levee safety program.
Sec. 8388. Surplus water contracts and water storage agreements.
Sec. 8389. Water supply storage repair, rehabilitation, and replacement
costs.
Sec. 8390. Abandoned and inactive noncoal mine restoration.
Sec. 8391. Asian carp prevention and control pilot program.
Sec. 8392. Enhanced development program.
Sec. 8393. Recreational opportunities at certain projects.
Sec. 8394. Federal assistance.
Sec. 8395. Mississippi River mat sinking unit.
Sec. 8396. Sense of Congress on lease agreement.
Sec. 8397. Expedited completion of projects and studies.
Subtitle D--Water Resources Infrastructure
Sec. 8401. Project authorizations.
Sec. 8402. Special rules.
Sec. 8403. Facility investment.
SEC. 8002. SECRETARY DEFINED.
In this title, the term ``Secretary'' means the Secretary of the Army.
Subtitle A--General Provisions
SEC. 8101. FEDERAL BREAKWATERS AND JETTIES.
(a) In General.--In carrying out repair or maintenance activity of a Federal
jetty or breakwater associated with an authorized navigation project, the
Secretary shall, notwithstanding the authorized dimensions of the jetty or
breakwater, ensure that such repair or maintenance activity is sufficient to
meet the authorized purpose of such project, including ensuring that any harbor
or inland harbor associated with the project is protected from projected changes
in wave action or height (including changes that result from relative sea level
change over the useful life of the project).
(b) Classification of Activity.--The Secretary may not classify any repair
or maintenance activity of a Federal jetty or breakwater carried out under
subsection (a) as major rehabilitation of such jetty or breakwater--
(1) if the Secretary determines that--
(A) projected changes in wave action or height, including
changes that result from relative sea level change, will
diminish the functionality of the jetty or breakwater to meet
the authorized purpose of the project; and
(B) such repair or maintenance activity is necessary to
restore such functionality; or
(2) if--
(A) the Secretary has not carried out regular and routine
Federal maintenance activity at the jetty or breakwater; and
(B) the structural integrity of the jetty or breakwater is
degraded as a result of a lack of such regular and routine
Federal maintenance activity.
SEC. 8102. EMERGENCY RESPONSE TO NATURAL DISASTERS.
(a) In General.--Section 5(a)(1) of the Act of August 18, 1941 (33 U.S.C.
701n(a)(1)) is amended by striking ``in the repair and restoration of any
federally authorized hurricane or shore protective structure'' and all that
follows through ``non-Federal sponsor.'' and inserting ``in the repair and
restoration of any federally authorized hurricane or shore protective structure
or project damaged or destroyed by wind, wave, or water action of other than an
ordinary nature to the pre-storm level of protection, to the design level of
protection, or, notwithstanding the authorized dimensions of the structure or
project, to a level sufficient to meet the authorized purpose of such structure
or project, whichever provides greater protection, when, in the discretion of
the Chief of Engineers, such repair and restoration is warranted for the
adequate functioning of the structure or project for hurricane or shore
protection, including to ensure the structure or project is functioning
adequately to protect against projected changes in wave action or height or
storm surge (including changes that result from relative sea level change over
the useful life of the structure or project), subject to the condition that the
Chief of Engineers may, if requested by the non-Federal sponsor, include
modifications to the structure or project (including the addition of new project
features) to address major deficiencies, increase resilience, increase benefits
from the reduction of damages from inundation, wave action, or erosion, or
implement nonstructural alternatives to the repair or restoration of the
structure.''.
(b) Great Lakes Advance Measures Assistance.--
(1) In general.--The Secretary shall not deny a request from the
Governor of a Great Lakes State to provide advance measures assistance
pursuant to section 5(a) of the Act of August 18, 1941 (33 U.S.C.
701n(a)) to reduce the risk of damage from rising water levels in the
Great Lakes solely on the basis that the damage is caused by erosion.
(2) Federal share.--Assistance provided by the Secretary pursuant to
a request described in paragraph (1) shall be at Federal expense if the
assistance is for the construction of advance measures to a temporary
construction standard.
(3) Great lakes state defined.--In this subsection, the term ``Great
Lakes State'' means the State of Illinois, Indiana, Michigan, Minnesota,
New York, Ohio, Pennsylvania, or Wisconsin.
SEC. 8103. SHORELINE AND RIVERBANK PROTECTION AND RESTORATION MISSION.
(a) In General.--Section 212 of the Water Resources Development Act of 1999
(33 U.S.C. 2332) is amended--
(1) in the section heading, by striking ``flood mitigation and
riverine restoration program'' and inserting ``shoreline and riverine
protection and restoration'';
(2) by striking subsection (a) and inserting the following:
``(a) In General.--The Secretary may carry out studies and projects to--
``(1) reduce flood and hurricane and storm damage hazards; or
``(2) restore the natural functions and values of rivers and
shorelines throughout the United States.'';
(3) in subsection (b)--
(A) by striking paragraph (1) and inserting the following:
``(1) Authority.--
``(A) Studies.--In carrying out subsection (a), the
Secretary may carry out studies to identify appropriate measures
for--
``(i) the reduction of flood and hurricane and storm
damage hazards, including measures for erosion
mitigation and bank stabilization; or
``(ii) the conservation and restoration of the
natural functions and values of rivers and shorelines.
``(B) Projects.--Subject to subsection (f)(2), in carrying
out subsection (a), the Secretary may design and implement
projects described in subsection (a).'';
(B) in paragraph (3), by striking ``flood damages'' and
inserting ``flood and hurricane and storm damages, including the
use of natural features or nature-based features''; and
(C) in paragraph (4)--
(i) by inserting ``and hurricane and storm'' after
``flood'';
(ii) by inserting ``, shoreline,'' after
``riverine''; and
(iii) by inserting ``and coastal barriers'' after
``floodplains'';
(4) in subsection (c)--
(A) in paragraph (1), by inserting ``, except that the first
$200,000 of the costs of a study conducted under this section
shall be at Federal expense'' before the period;
(B) in paragraph (2)--
(i) in the paragraph heading, by striking ``flood
control''; and
(ii) by striking subparagraph (A) and inserting the
following:
``(A) In general.--Design and construction of a project
under this section that includes a nonstructural measure, a
natural feature or nature-based feature, or an environmental
restoration measure, shall be subject to cost sharing in
accordance with section 103 of the Water Resources Development
Act of 1986 (33 U.S.C. 2213), except that the non-Federal share
of the cost to design and construct such a project benefitting
an economically disadvantaged community (including economically
disadvantaged communities located in urban and rural areas)
shall be 10 percent.''; and
(C) in paragraph (3)--
(i) in the paragraph heading, by inserting ``or
hurricane and storm damage reduction'' after ``flood
control'';
(ii) by inserting ``or hurricane and storm damage
reduction'' after ``flood control'' ; and
(iii) by striking ``section 103(a) of the Water
Resources Development Act of 1986 (33 U.S.C. 2213(a))''
and inserting ``section 103 of the Water Resources
Development Act of 1986 (33 U.S.C. 2213), except that
the non-Federal share of the cost to design and
construct such a project benefitting an economically
disadvantaged community (including economically
disadvantaged communities located in urban and rural
areas) shall be 10 percent'';
(5) by striking subsection (d) and inserting the following:
``(d) Project Justification.--Notwithstanding any requirement for economic
justification established under section 209 of the Flood Control Act of 1970 (42
U.S.C. 1962-2), the Secretary may implement a project under this section if the
Secretary determines that the project--
``(1) will significantly reduce potential flood, hurricane and
storm, or erosion damages;
``(2) will improve the quality of the environment; and
``(3) is justified considering all costs and beneficial outputs of
the project.'';
(6) in subsection (e)--
(A) in the subsection heading, by striking ``Priority
Areas'' and inserting ``Areas for Examination'';
(B) by redesignating paragraphs (1) through (33) as
subparagraphs (A) through (GG), respectively, and adjusting the
margins appropriately;
(C) by striking ``In carrying out'' and inserting the
following:
``(1) In general.--In carrying out''; and
(D) by adding at the end the following:
``(2) Priority projects.--In carrying out this section, the
Secretary shall prioritize projects for the following locations:
``(A) Delaware beaches and watersheds, Delaware.
``(B) Louisiana Coastal Area, Louisiana.
``(C) Great Lakes Shores and Watersheds.
``(D) Oregon Coastal Area and Willamette River basin,
Oregon.
``(E) Upper Missouri River Basin.
``(F) Ohio River Tributaries and their watersheds, West
Virginia.
``(G) Chesapeake Bay watershed and Maryland beaches,
Maryland.
``(H) City of Southport, North Carolina.
``(I) Maumee River, Ohio.
``(J) Los Angeles and San Gabriel Rivers, California.
``(K) Kentucky River and its tributaries and watersheds.'';
(7) by striking subsections (f), (g), and (i);
(8) by redesignating subsection (h) as subsection (f);
(9) in subsection (f) (as so redesignated), by striking paragraph
(2) and inserting the following:
``(2) Projects requiring specific authorization.--If the Federal
share of the cost to design and construct a project under this section
exceeds $15,000,000, the Secretary may only carry out the project if
Congress enacts a law authorizing the Secretary to carry out the
project.''; and
(10) by adding at the end the following:
``(g) Definitions.--In this section:
``(1) Economically disadvantaged community.--The term `economically
disadvantaged community' has the meaning given the term as defined by
the Secretary under section 160 of the Water Resources Development Act
of 2020 (33 U.S.C. 2201 note).
``(2) Natural feature; nature-based feature.--The terms `natural
feature' and `nature-based feature' have the meanings given those terms
in section 1184(a) of the Water Resources Development Act of 2016 (33
U.S.C. 2289a(a)).''.
(b) Clerical Amendment.--The table of contents contained in section 1(b) of
the Water Resources Development Act of 1999 (113 Stat. 269) is amended by
striking the item relating to section 212 and inserting the following:
``Sec. 212. Shoreline and riverine protection and restoration.''.
SEC. 8104. FLOODPLAIN MANAGEMENT SERVICES.
Section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a) is amended--
(1) by striking ``Sec. 206. (a) In recognition'' and inserting the
following:
``SEC. 206. INFORMATION ON FLOODS AND FLOOD DAMAGE.
``(a) Compilation and Dissemination.--
``(1) In general.--In recognition'';
(2) in subsection (a)--
(A) in the second sentence, by striking ``Surveys and
guides'' and inserting the following:
``(2) Surveys and guides.--Surveys and guides'';
(B) in the first sentence, by inserting ``identification of
areas subject to floods due to accumulated snags and other
debris,'' after ``inundation by floods of various magnitudes and
frequencies,''; and
(C) by adding at the end the following:
``(3) Identification of assistance.--
``(A) In general.--To the maximum extent practicable, in
providing assistance under this subsection, the Secretary shall
identify and communicate to States and non-Federal interests
specific opportunities to partner with the Corps of Engineers to
address flood hazards.
``(B) Coordination.--The Secretary shall coordinate
activities under this paragraph with activities described in
section 22 of the Water Resources Development Act of 1974 (42
U.S.C. 1962d-16).'';
(3) by redesignating subsection (d) as subsection (e); and
(4) by inserting after subsection (c) the following:
``(d) Institutions of Higher Education.--Notwithstanding section 4141 of
title 10, United States Code, in carrying out this section, the Secretary may
work with an institution of higher education, as determined appropriate by the
Secretary.''.
SEC. 8105. PUBLIC RECREATIONAL AMENITIES IN ECOSYSTEM RESTORATION PROJECTS.
At the request of a non-Federal interest, the Secretary is authorized to
study the incorporation of public recreational amenities, including facilities
for hiking, biking, walking, and waterborne recreation, into a project for
ecosystem restoration, including a project carried out under section 206 of the
Water Resources Development Act of 1996 (33 U.S.C. 2330), if the incorporation
of such amenities would be consistent with the ecosystem restoration purposes of
the project.
SEC. 8106. SCOPE OF FEASIBILITY STUDIES.
(a) Flood Risk Management or Hurricane and Storm Damage Risk Reduction.--In
carrying out a feasibility study for a project for flood risk management or
hurricane and storm damage risk reduction, the Secretary, at the request of the
non-Federal interest for the study, shall formulate alternatives to maximize the
net benefits from the reduction of the comprehensive flood risk within the
geographic scope of the study from the isolated and compound effects of--
(1) a riverine discharge of any magnitude or frequency;
(2) inundation, wave attack, and erosion coinciding with a hurricane
or coastal storm;
(3) flooding associated with tidally influenced portions of rivers,
bays, and estuaries that are hydrologically connected to the coastal
water body;
(4) a rainfall event of any magnitude or frequency;
(5) a tide of any magnitude or frequency;
(6) seasonal variation in water levels;
(7) groundwater emergence;
(8) sea level rise;
(9) subsidence; or
(10) any other driver of flood risk affecting the area within the
geographic scope of the study.
(b) Water Supply, Water Conservation, and Drought Risk Reduction.--In
carrying out a feasibility study for any purpose, the Secretary, at the request
of the non-Federal interest for the study, shall formulate alternatives--
(1) to maximize combined net benefits for the primary purpose of the
study and for the purposes of water supply or water conservation
(including the use of water supply conservation measures described in
section 1116 of the Water Resources Development Act of 2016 (130 Stat.
1639)); or
(2) to include 1 or more measures for the purposes of water supply
or water conservation if the Secretary determines that such measures may
reduce potential adverse impacts of extreme weather events, including
drought, on water resources within the geographic scope of the study.
(c) Cost Sharing.--All costs to carry out a feasibility study in accordance
with this section shall be shared in accordance with the cost share requirements
otherwise applicable to the study.
SEC. 8107. WATER SUPPLY CONSERVATION.
Section 1116 of the Water Resources Development Act of 2016 (130 Stat. 1639)
is amended--
(1) in subsection (a), in the matter preceding paragraph (1), by
striking ``during the 1-year period ending on the date of enactment of
this Act'' and inserting ``for any portion of any 2 consecutive or
nonconsecutive years during the 10-year period preceding a request from
a non-Federal interest for assistance under this section''; and
(2) in subsection (b)(4), by inserting ``, including measures
utilizing a natural feature or nature-based feature (as those terms are
defined in section 1184(a)) to reduce drought risk'' after ``water
supply''.
SEC. 8108. MANAGED AQUIFER RECHARGE STUDY AND WORKING GROUP.
(a) Assessment.--
(1) In general.--The Secretary shall, in consultation with
applicable non-Federal interests, conduct a national assessment of
carrying out managed aquifer recharge projects to address drought, water
resiliency, and aquifer depletion at authorized water resources
development projects.
(2) Requirements.--In carrying out paragraph (1), the Secretary
shall--
(A) assess and identify opportunities to support non-Federal
interests, including Tribal communities, in carrying out managed
aquifer recharge projects; and
(B) assess preliminarily local hydrogeologic conditions
relevant to carrying out managed aquifer recharge projects.
(3) Coordination.--In carrying out paragraph (1), the Secretary
shall coordinate, as appropriate, with the heads of other Federal
agencies, States, regional governmental agencies, units of local
government, experts in managed aquifer recharge, and Tribes.
(b) Feasibility Studies.--
(1) Authorization.--The Secretary is authorized to carry out
feasibility studies, at the request of a non-Federal interest, of
managed aquifer recharge projects in areas that are experiencing, or
have recently experienced, prolonged drought conditions, aquifer
depletion, or water supply scarcity.
(2) Limitation.--The Secretary may carry out not more than 10
feasibility studies under this subsection.
(3) Use of information.--The Secretary shall, to the maximum extent
practicable, use information gathered from the assessment conducted
under subsection (a) in identifying and selecting feasibility studies to
carry out under this subsection.
(4) Cost share.--The Federal share of the cost of a feasibility
study carried out under this subsection shall be 90 percent.
(c) Working Group.--
(1) In general.--Not later than 180 days after the date of enactment
of this Act, the Secretary shall establish a managed aquifer recharge
working group made up of subject matter experts within the Corps of
Engineers and relevant non-Federal stakeholders.
(2) Composition.--In establishing the working group under paragraph
(1), the Secretary shall ensure that members of the working group have
expertise working with--
(A) projects providing water supply storage to meet regional
water supply demand, particularly in regions experiencing
drought;
(B) the protection of groundwater supply, including
promoting infiltration and increased recharge in groundwater
basins, and groundwater quality;
(C) aquifer storage, recharge, and recovery wells;
(D) dams that provide recharge enhancement benefits;
(E) groundwater hydrology;
(F) conjunctive use water systems; and
(G) agricultural water resources, including the use of
aquifers for irrigation purposes.
(3) Duties.--The working group established under this subsection
shall--
(A) advise the Secretary regarding the development and
execution of the assessment under subsection (a) and any
feasibility studies under subsection (b);
(B) assist Corps of Engineers offices at the headquarter,
division, and district levels with raising awareness of non-
Federal interests of the potential benefits of carrying out
managed aquifer recharge projects; and
(C) assist with the development of the report required to be
submitted under subsection (d).
(d) Report to Congress.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Environment
and Public Works of the Senate a report on managed aquifer recharge that
includes--
(1) the results of the assessment conducted under subsection (a) and
any feasibility studies carried out under subsection (b), including data
collected under such assessment and studies and any recommendations on
managed aquifer recharge opportunities for non-Federal interests,
States, local governments, and Tribes;
(2) a status update on the implementation of the recommendations
included in the report of the U.S. Army Corps of Engineers Institute for
Water Resources entitled ``Managed Aquifer Recharge and the U.S. Army
Corps of Engineers: Water Security through Resilience'', published in
April 2020 (2020-WP-01); and
(3) an evaluation of the benefits of creating a new or modifying an
existing planning center of expertise for managed aquifer recharge, and
identify potential locations for such a center of expertise, if
feasible.
(e) Savings Provision.--Nothing in this section affects the non-Federal
share of the cost of construction of a managed aquifer recharge project under
section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213) or
any other provision of law.
(f) Definitions.--In this section:
(1) Managed aquifer recharge.--The term ``managed aquifer recharge''
means the intentional banking and treatment of water in aquifers for
storage and future use.
(2) Managed aquifer recharge project.--The term ``managed aquifer
recharge project'' means a project to incorporate managed aquifer
recharge features into a water resources development project.
SEC. 8109. UPDATES TO CERTAIN WATER CONTROL MANUALS.
On request of the Governor of a State for which the Governor declared a
statewide drought disaster in 2021, the Secretary is authorized to update water
control manuals for water resources development projects under the authority of
the Secretary in the State, with priority given to those projects that include
water supply or water conservation as an authorized purpose.
SEC. 8110. NATIONAL COASTAL MAPPING STUDY.
(a) In General.--The Secretary, acting through the Director of the Engineer
Research and Development Center, is authorized to carry out a study of coastal
geographic land changes, with recurring national coastal mapping technology,
along the coastal zone of the United States to support Corps of Engineers
missions.
(b) Study.--In carrying out the study under subsection (a), the Secretary
shall identify--
(1) new or advanced geospatial information and remote sensing tools
for coastal mapping;
(2) best practices for coastal change mapping; and
(3) how to most effectively--
(A) collect and analyze such advanced geospatial
information;
(B) disseminate such geospatial information to relevant
offices of the Corps of Engineers, other Federal agencies,
States, Tribes, and local governments; and
(C) make such geospatial information available to other
stakeholders.
(c) Demonstration Project.--
(1) Project area.--In carrying out the study under subsection (a),
the Secretary shall carry out a demonstration project in the coastal
region covering the North Carolina coastal waters, connected bays,
estuaries, rivers, streams, and creeks, to their tidally influenced
extent inland.
(2) Scope.--In carrying out the demonstration project, the Secretary
shall--
(A) identify and study potential hazards, such as debris,
sedimentation, dredging effects, and flood areas;
(B) identify best practices described in subsection (b)(2),
including best practices relating to geographical coverage and
frequency of mapping;
(C) evaluate and demonstrate relevant mapping technologies
to identify which are the most effective for regional mapping of
the transitional areas between the open coast and inland waters;
and
(D) demonstrate remote sensing tools for coastal mapping.
(d) Coordination.--In carrying out this section, the Secretary shall
coordinate with other Federal and State agencies that are responsible for
authoritative data and academic institutions and other entities with relevant
expertise.
(e) Panel.--
(1) Establishment.--In carrying out this section, the Secretary
shall establish a panel of senior leaders from the Corps of Engineers
and other Federal agencies that are stakeholders in the coastal mapping
program carried out through the Engineer Research and Development
Center.
(2) Duties.--The panel established under this subsection shall--
(A) coordinate the collection of data under the study
carried out under this section;
(B) coordinate the use of geospatial information and remote
sensing tools, and the application of the best practices
identified under the study, by Federal agencies; and
(C) identify technical topics and challenges that require
multiagency collaborative research and development.
(f) Use of Existing Information.--In carrying out this section, the
Secretary shall consider any relevant information developed under section 516(g)
of the Water Resources Development Act of 1996 (33 U.S.C. 2326b(g)).
(g) Report.--Not later than 18 months after the date of enactment of this
Act, the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Environment
and Public Works of the Senate a report that describes--
(1) the results of the study carried out under this section; and
(2) any geographical areas recommended for additional study.
(h) Authorization of Appropriations.--There is authorized to be appropriated
to carry out this section $25,000,000, to remain available until expended.
SEC. 8111. TRIBAL PARTNERSHIP PROGRAM.
Section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269)
is amended--
(1) in subsection (a), by striking ``(25 U.S.C. 450b)'' and
inserting ``(25 U.S.C. 5304)'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting ``hurricane and storm''
after ``flood''; and
(II) by inserting ``including erosion
control,'' after ``reduction,'';
(ii) in subparagraph (B), by striking ``and'' at the
end;
(iii) by redesignating subparagraph (C) as
subparagraph (D); and
(iv) by inserting after subparagraph (B) the
following:
``(C) technical assistance to an Indian tribe, including--
``(i) assistance for planning to ameliorate flood
hazards, to avoid repetitive flood impacts, to
anticipate, prepare, and adapt to changing hydrological
and climatic conditions and extreme weather events, and
to withstand, respond to, and recover rapidly from
disruption due to flood hazards; and
``(ii) the provision of, and integration into
planning of, hydrologic, economic, and environmental
data and analyses; and'';
(B) in paragraph (3), by adding at the end the following:
``(C) Initial costs.--The first $200,000 of the costs of a
study under this section shall be at Federal expense.'';
(C) in paragraph (4)--
(i) in subparagraph (A), by striking ``$18,500,000''
and inserting ``$26,000,000''; and
(ii) in subparagraph (B), by striking
``$18,500,000'' and inserting ``$26,000,000''; and
(D) by adding at the end the following:
``(5) Project justification.--Notwithstanding any requirement for
economic justification established under section 209 of the Flood
Control Act of 1970 (42 U.S.C. 1962-2), the Secretary may implement a
project (other than a project for ecosystem restoration) under this
section if the Secretary determines that the project will--
``(A) significantly reduce potential flood or hurricane and
storm damage hazards (which may be limited to hazards that may
be addressed by measures for erosion mitigation or bank
stabilization);
``(B) improve the quality of the environment;
``(C) reduce risks to life safety associated with the
hazards described in subparagraph (A); and
``(D) improve the long-term viability of the community.'';
(3) in subsection (d)--
(A) in paragraph (5)(B)--
(i) by striking ``non-Federal'' and inserting
``Federal''; and
(ii) by striking ``50 percent'' and inserting ``100
percent''; and
(B) by adding at the end the following:
``(6) Technical assistance.--The Federal share of the cost of
activities described in subsection (b)(2)(C) shall be 100 percent.'';
and
(4) in subsection (e), by striking ``2024'' and inserting ``2033''.
SEC. 8112. TRIBAL LIAISON.
(a) In General.--Beginning not later than 1 year after the date of enactment
of this Act, the District Commander for each Corps of Engineers district that
contains a Tribal community shall have on staff a Tribal Liaison.
(b) Duties.--Each Tribal Liaison shall make recommendations to the
applicable District Commander regarding, and be responsible for--
(1) removing barriers to access to, and participation in, Corps of
Engineers programs for Tribal communities, including by improving
implementation of section 103(m) of the Water Resources Development Act
of 1986 (33 U.S.C. 2213(m));
(2) improving outreach to, and engagement with, Tribal communities
about relevant Corps of Engineers programs and services;
(3) identifying and engaging with Tribal communities suffering from
water resources challenges;
(4) improving, expanding, and facilitating government-to-government
consultation between Tribal communities and the Corps of Engineers;
(5) coordinating and implementing all relevant Tribal consultation
policies and associated guidelines, including the requirements of
section 112 of the Water Resources Development Act of 2020 (33 U.S.C.
2356);
(6) training and tools to facilitate the ability of Corps of
Engineers staff to effectively engage with Tribal communities in a
culturally competent manner, especially in regards to lands of
ancestral, historic, or cultural significance to a Tribal community,
including burial sites; and
(7) such other issues identified by the Secretary.
(c) Uniformity.--Not later than 120 days after the date of enactment of this
Act, the Secretary shall finalize guidelines for--
(1) a position description for Tribal Liaisons; and
(2) required qualifications for Tribal Liaisons, including
experience and expertise relating to Tribal communities and water
resource issues.
(d) Funding.--Funding for the position of Tribal Liaison shall be allocated
from the budget line item provided for the expenses necessary for the
supervision and general administration of the civil works program, and filling
the position shall not be dependent on any increase in this budget line item.
(e) Definitions.--In this section:
(1) Tribal community.--The term ``Tribal community'' means a
community of people who are recognized and defined under Federal law as
indigenous people of the United States.
(2) Tribal liaison.--The term ``Tribal Liaison'' means a permanent
employee of a Corps of Engineers district whose primary responsibilities
are to--
(A) serve as a direct line of communication between the
District Commander and the Tribal communities within the
boundaries of the Corps of Engineers district; and
(B) ensure consistency in government-to-government
relations.
SEC. 8113. TRIBAL ASSISTANCE.
(a) Clarification of Existing Authority.--
(1) In general.--Subject to paragraph (2), the Secretary, in
consultation with the heads of relevant Federal agencies, the
Confederated Tribes of the Warm Springs Reservation of Oregon, the
Confederated Tribes and Bands of the Yakama Nation, the Nez Perce Tribe,
and the Confederated Tribes of the Umatilla Indian Reservation, shall
revise and carry out the village development plan for The Dalles Dam,
Columbia River, Washington and Oregon, as authorized by section 204 of
the Flood Control Act of 1950 (chapter 188, 64 Stat. 179), to
comprehensively address adverse impacts to Indian villages, housing
sites, and related structures as a result of the construction of The
Dalles Dam, Bonneville Dam, McNary Dam, and John Day Dam, Washington and
Oregon.
(2) Examination.--Before carrying out the requirements of paragraph
(1), the Secretary shall conduct an examination and assessment of the
extent to which Indian villages, housing sites, and related structures
were displaced or destroyed by the construction of the following
projects:
(A) Bonneville Dam, Columbia River, Oregon, as authorized by
the first section of the Act of August 30, 1935 (chapter 831, 49
Stat. 1038) and the first section and section 2(a) of the Act of
August 20, 1937 (16 U.S.C. 832, 832a(a)).
(B) McNary Dam, Columbia River, Washington and Oregon, as
authorized by section 2 of the Act of March 2, 1945 (chapter 19,
59 Stat. 22).
(C) John Day Dam, Columbia River, Washington and Oregon, as
authorized by section 204 of the Flood Control Act of 1950
(chapter 188, 64 Stat. 179).
(3) Requirements.--The village development plan under paragraph (1)
shall include, at a minimum--
(A) an evaluation of sites on both sides of the Columbia
River;
(B) an assessment of suitable Federal land and land owned by
the States of Washington and Oregon; and
(C) an estimated cost and tentative schedule for the
construction of each housing development.
(4) Location of assistance.--The Secretary may provide housing and
related assistance under this subsection at 1 or more village sites in
the States of Washington and Oregon.
(b) Provision of Assistance on Federal Land.--The Secretary may construct
housing or provide related assistance on land owned by the United States in
carrying out the village development plan under subsection (a)(1).
(c) Acquisition and Disposal of Land.--
(1) In general.--Subject to subsection (d), the Secretary may
acquire land or interests in land for the purpose of providing housing
and related assistance in carrying out the village development plan
under subsection (a)(1).
(2) Advance acquisition.--Acquisition of land or interests in land
under paragraph (1) may be carried out in advance of completion of all
required documentation and receipt of all required clearances for the
construction of housing or related improvements on the land.
(3) Disposal of unsuitable land.--If the Secretary determines that
any land or interest in land acquired by the Secretary under paragraph
(2) is unsuitable for that housing or for those related improvements,
the Secretary may--
(A) dispose of the land or interest in land by sale; and
(B) credit the proceeds to the appropriation, fund, or
account used to purchase the land or interest in land.
(d) Limitation.--The Secretary shall only acquire land from willing
landowners in carrying out this section.
(e) Cooperative Agreements.--The Secretary may enter into a cooperative
agreement with a Tribe described in subsection (a)(1), or with a Tribal
organization of such a Tribe, to provide funds to the Tribe to construct housing
or provide related assistance in carrying out the village development plan under
such subsection.
(f) Conveyance Authorized.--Upon completion of construction at a village
site under this section, the Secretary may, without consideration, convey the
village site and the improvements located thereon to a Tribe described in
subsection (a)(1), or to a Tribal organization of such a Tribe.
(g) Conforming Amendment.--Section 1178(c) of the Water Resources
Development Act of 2016 (130 Stat. 1675; 132 Stat. 3781) is repealed.
SEC. 8114. COST SHARING PROVISIONS FOR THE TERRITORIES AND INDIAN TRIBES.
Section 1156 of the Water Resources Development Act of 1986 (33 U.S.C. 2310)
is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and'' ; and
(C) by adding at the end the following:
``(3) for any organization that--
``(A) is composed primarily of people who are--
``(i) recognized and defined under Federal law as
indigenous people of the United States; and
``(ii) from a specific community; and
``(B) assists in the social, cultural, and educational
development of such people in that community.''; and
(2) by adding at the end the following:
``(c) Inclusion.--For purposes of this section, the term `study' includes a
watershed assessment.
``(d) Application.--The Secretary shall apply the waiver amount described in
subsection (a) to reduce only the non-Federal share of study and project
costs.''.
SEC. 8115. TRIBAL AND ECONOMICALLY DISADVANTAGED COMMUNITIES ADVISORY COMMITTEE.
(a) Establishment.--Not later than 90 days after the date of enactment of
this Act, the Secretary shall establish a committee, to be known as the ``Tribal
and Economically Disadvantaged Communities Advisory Committee'', to develop and
make recommendations to the Secretary and the Chief of Engineers on activities
and actions that should be undertaken by the Corps of Engineers to ensure more
effective delivery of water resources development projects, programs, and other
assistance to Indian Tribes and economically disadvantaged communities,
including economically disadvantaged communities located in urban and rural
areas.
(b) Membership.--The Committee shall be composed of members, appointed by
the Secretary, who have the requisite experiential or technical knowledge needed
to address issues related to the water resources needs and challenges of
economically disadvantaged communities and Indian Tribes, including--
(1) 5 individuals representing organizations with expertise in
environmental policy, rural water resources, economically disadvantaged
communities, Tribal rights, or civil rights; and
(2) 5 individuals, each representing a non-Federal interest for a
Corps of Engineers project.
(c) Duties.--
(1) Recommendations.--The Committee shall provide advice and make
recommendations to the Secretary and the Chief of Engineers to assist
the Corps of Engineers in--
(A) efficiently and effectively delivering solutions to the
needs and challenges of water resources development projects for
economically disadvantaged communities and Indian Tribes;
(B) integrating consideration of economically disadvantaged
communities and Indian Tribes, where applicable, in the
development of water resources development projects and programs
of the Corps of Engineers; and
(C) improving the capability and capacity of the workforce
of the Corps of Engineers to assist economically disadvantaged
communities and Indian Tribes.
(2) Meetings.--The Committee shall meet as appropriate to develop
and make recommendations under paragraph (1).
(3) Report.--Recommendations made under paragraph (1) shall be--
(A) included in a report submitted to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(B) made publicly available, including on a publicly
available website.
(d) Independent Judgment.--Any recommendation made by the Committee to the
Secretary and the Chief of Engineers under subsection (c)(1) shall reflect the
independent judgment of the Committee.
(e) Administration.--
(1) Compensation.--Except as provided in paragraph (3), the members
of the Committee shall serve without compensation.
(2) Travel expenses.--The members of the Committee shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of chapter 57
of title 5, United States Code.
(3) Treatment.--The members of the Committee shall not be considered
to be Federal employees, and the meetings and reports of the Committee
shall not be considered a major Federal action under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(f) Definitions.--In this section:
(1) Committee.--The term ``Committee'' means the Tribal and
Economically Disadvantaged Communities Advisory Committee established
under subsection (a).
(2) Economically disadvantaged community.--The term ``economically
disadvantaged community'' has the meaning given the term as defined by
the Secretary under section 160 of the Water Resources Development Act
of 2020 (33 U.S.C. 2201 note).
(3) Indian tribe.--The term ``Indian Tribe'' has the meaning given
the term in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
SEC. 8116. WORKFORCE PLANNING.
(a) Authorization.--The Secretary is authorized to carry out activities, at
Federal expense--
(1) to foster, enhance, and support science, technology,
engineering, and math education and awareness; and
(2) to recruit individuals for careers at the Corps of Engineers.
(b) Partnering Entities.--In carrying out activities under this section, the
Secretary may enter into partnerships with--
(1) public elementary and secondary schools, including charter
schools;
(2) community colleges;
(3) technical schools; and
(4) colleges and universities, including historically Black colleges
and universities.
(c) Prioritization.--The Secretary shall, to the maximum extent practicable,
prioritize the recruitment of individuals under this section that are from
economically disadvantaged communities (as defined by the Secretary under
section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201
note)), including economically disadvantaged communities located in urban and
rural areas.
(d) Definition of Historically Black College or University.--In this
section, the term ``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322 of the Higher Education Act
of 1965 (20 U.S.C. 1061).
(e) Authorization of Appropriations.--There is authorized to be appropriated
to carry out this section $20,000,000 for each of fiscal years 2023 through
2027.
SEC. 8117. CORPS OF ENGINEERS SUPPORT FOR UNDERSERVED COMMUNITIES; OUTREACH.
(a) In General.--It is the policy of the United States for the Corps of
Engineers to strive to understand and accommodate and, in coordination with non-
Federal interests, seek to address the water resources development needs of all
communities in the United States.
(b) Outreach and Access.--
(1) In general.--The Secretary shall, at Federal expense, develop,
support, and implement public awareness, education, and regular outreach
and engagement efforts for potential non-Federal interests with respect
to the water resources development authorities of the Secretary, with
particular emphasis on--
(A) technical service programs, including the authorities
under--
(i) section 206 of the Flood Control Act of 1960 (33
U.S.C. 709a);
(ii) section 22 of the Water Resources Development
Act of 1974 (42 U.S.C. 1962d-16); and
(iii) section 203 of the Water Resources Development
Act of 2000 (33 U.S.C. 2269); and
(B) continuing authority programs, as such term is defined
in section 7001(c)(1)(D) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d).
(2) Implementation.--In carrying out this subsection, the Secretary
shall--
(A) develop and make publicly available (including on a
publicly available website), technical assistance materials,
guidance, and other information with respect to the water
resources development authorities of the Secretary;
(B) establish and make publicly available (including on a
publicly available website), an appropriate point of contact at
each district and division office of the Corps of Engineers for
inquiries from potential non-Federal interests relating to the
water resources development authorities of the Secretary;
(C) conduct regular outreach and engagement, including
through hosting seminars and community information sessions,
with local elected officials, community organizations, and
previous and potential non-Federal interests, on opportunities
to address local water resources challenges through the water
resources development authorities of the Secretary;
(D) issue guidance for, and provide technical assistance
through technical service programs to, non-Federal interests to
assist such interests in pursuing technical services and
developing proposals for water resources development projects;
and
(E) provide, at the request of a non-Federal interest,
assistance with researching and identifying existing project
authorizations or authorities to address local water resources
challenges.
(3) Prioritization.--In carrying out this subsection, the Secretary
shall, to the maximum extent practicable, prioritize awareness,
education, and outreach and engagement to economically disadvantaged
communities (as defined by the Secretary under section 160 of the Water
Resources Development Act of 2020 (33 U.S.C. 2201 note)), including
economically disadvantaged communities located in urban and rural areas.
(4) Authorization of appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for each fiscal year.
SEC. 8118. PILOT PROGRAMS FOR CERTAIN COMMUNITIES.
(a) Pilot Programs on the Formulation of Corps of Engineers Projects in
Rural Communities and Economically Disadvantaged Communities.--Section 118 of
the Water Resources Development Act of 2020 (33 U.S.C. 2201 note) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A), by striking ``publish'' and
inserting ``annually publish''; and
(B) in subparagraph (C), by striking ``select'' and
inserting ``, subject to the availability of appropriations,
annually select''; and
(2) in subsection (c)(2), in the matter preceding subparagraph (A),
by striking ``projects'' and inserting ``projects annually''.
(b) Pilot Program for Continuing Authority Projects in Small or
Disadvantaged Communities.--Section 165(a) of the Water Resources Development
Act of 2020 (33 U.S.C. 2201 note) is amended in paragraph (2)(B), by striking
``10'' and inserting ``20''.
SEC. 8119. TECHNICAL ASSISTANCE.
(a) Planning Assistance to States.--Section 22 of the Water Resources
Development Act of 1974 (42 U.S.C. 1962d-16) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``local government,'' after ``State
or group of States,''; and
(ii) by inserting ``local government,'' after ``such
State, interest,'';
(B) in paragraph (3), by striking ``section 236 of title
10'' and inserting ``section 4141 of title 10''; and
(C) by adding at the end the following:
``(4) Prioritization.--To the maximum extent practicable, the
Secretary shall prioritize the provision of assistance under this
subsection to address both inland and coastal life safety risks.'';
(2) in subsection (c)(2), by striking ``$15,000,000'' and inserting
``$30,000,000''; and
(3) in subsection (f)--
(A) by striking ``The cost-share for assistance'' and
inserting the following:
``(1) Tribes and territories.--The cost-share for assistance''; and
(B) by adding at the end the following:
``(2) Economically disadvantaged communities.--Notwithstanding
subsection (b)(1) and the limitation in section 1156 of the Water
Resources Development Act of 1986, as applicable pursuant to paragraph
(1) of this subsection, the Secretary is authorized to waive the
collection of fees for any local government to which assistance is
provided under subsection (a) that the Secretary determines is an
economically disadvantaged community, as defined by the Secretary under
section 160 of the Water Resources Development Act of 2020 (33 U.S.C.
2201 note) (including economically disadvantaged communities located in
urban and rural areas).''.
(b) Watershed Planning and Technical Assistance.--In providing assistance
under section 22 of the Water Resources Development Act of 1974 (42 U.S.C.
1962d-16) or pursuant to section 206 of the Flood Control Act of 1960 (33 U.S.C.
709a), the Secretary shall, upon request, provide such assistance at a watershed
scale.
SEC. 8120. TECHNICAL ASSISTANCE FOR LEVEE INSPECTIONS.
In any instance where the Secretary requires, as a condition of eligibility
for Federal assistance under section 5 of the Act of August 18, 1941 (33 U.S.C.
701n), that a non-Federal sponsor of a flood control project undertake an
electronic inspection of the portion of such project that is under normal
circumstances submerged, the Secretary shall provide to the non-Federal sponsor
credit or reimbursement for the cost of carrying out such inspection against the
non-Federal share of the cost of repair or restoration of such project carried
out under such section.
SEC. 8121. ASSESSMENT OF CORPS OF ENGINEERS LEVEES.
(a) In General.--The Secretary shall periodically conduct assessments of
federally authorized levees under the jurisdiction of the Corps of Engineers, to
evaluate the potential Federal interest in the modification (including
realignment or incorporation of natural features and nature-based features, as
such terms are defined in section 1184(a) of the Water Resources Development Act
of 2016 (33 U.S.C. 2289a(a))) of levee systems to meet one or more of the
following objectives:
(1) Increasing the flood risk reduction benefits of such systems.
(2) Achieving greater flood resiliency.
(3) Restoring hydrological and ecological connections with adjacent
floodplains that achieve greater environmental benefits without
undermining flood risk reduction or flood resiliency for levee-protected
communities.
(b) Levees Operated by Non-Federal Interests.--The Secretary shall carry out
an assessment under subsection (a) for a federally authorized levee system
operated by a non-Federal interest only if the non-Federal interest--
(1) requests the assessment; and
(2) agrees to provide 50 percent of the cost of the assessment.
(c) Assessments.--
(1) Considerations.--In conducting an assessment under subsection
(a), the Secretary shall consider and identify, with respect to each
levee system--
(A) an estimate of the number of structures and population
at risk and protected by the levee system that would be
adversely impacted if the levee system fails or water levels
exceed the height of any levee segment within the levee system
(which may be the applicable estimate included in the levee
database established under section 9004 of the Water Resources
Development Act of 2007 (33 U.S.C. 3303), if available);
(B) the number of times the non-Federal interest has
received emergency flood-fighting or repair assistance under
section 5 of the Act of August 18, 1941 (33 U.S.C. 701n) for the
levee system, and the total expenditures on postflood repairs
over the life of the levee system;
(C) the functionality of the levee system with regard to
higher precipitation levels, including due to changing climatic
conditions and extreme weather events;
(D) the potential costs and benefits (including
environmental benefits and implications for levee-protected
communities) from modifying the applicable levee system to
restore connections with adjacent floodplains; and
(E) available studies, information, literature, or data from
relevant Federal, State, or local entities.
(2) Prioritization.--In conducting an assessment under subsection
(a), the Secretary shall, to the maximum extent practicable, prioritize
levee systems--
(A) associated with an area that has been subject to
flooding in two or more events in any 10-year period; and
(B) for which the non-Federal interest has received
emergency flood-fighting or repair assistance under section 5 of
the Act of August 18, 1941 (33 U.S.C. 701n) with respect to such
flood events.
(3) Scope.--The Secretary shall ensure that an assessment under
subsection (a) shall be similar in cost and scope to an initial
assessment prepared by the Secretary pursuant to section 216 of the
Flood Control Act of 1970 (33 U.S.C. 549a).
(d) Flood Plain Management Services.--In conducting an assessment under
subsection (a), the Secretary shall consider information on floods and flood
damages compiled under section 206 of the Flood Control Act of 1960 (33 U.S.C.
709a).
(e) Report to Congress.--
(1) In general.--Not later than 18 months after the date of
enactment of this section, and periodically thereafter, the Secretary
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment and Public
Works of the Senate a report on the results of the assessments conducted
under subsection (a).
(2) Inclusion.--The Secretary shall include in each report submitted
under paragraph (1)--
(A) identification of any levee system for which the
Secretary has conducted an assessment under subsection (a);
(B) a description of any opportunities identified under such
subsection for the modification of a levee system, including the
potential benefits of such modification for the purposes
identified under such subsection;
(C) information relating to the willingness and ability of
each applicable non-Federal interest to participate in a
modification to the relevant levee system, including by
obtaining any real estate necessary for the modification; and
(D) a summary of the information considered and identified
under subsection (c)(1).
(f) Incorporation of Information.--The Secretary shall include in the levee
database established under section 9004 of the Water Resources Development Act
of 2007 (33 U.S.C. 3303) the information included in each report submitted under
subsection (e), and make such information publicly available (including on a
publicly available website).
(g) Levee System Defined.--In this section, the term ``levee system'' has
the meaning given that term in section 9002(9) of the Water Resources
Development Act of 2007 (33 U.S.C. 3301).
(h) Authorization of Appropriations.--There is authorized to be appropriated
to carry out this section $10,000,000, to remain available until expended.
SEC. 8122. NATIONAL LOW-HEAD DAM INVENTORY.
The National Dam Safety Program Act (33 U.S.C. 467 et seq.) is amended by
adding at the end the following:
``SEC. 15. NATIONAL LOW-HEAD DAM INVENTORY.
``(a) Definitions.--In this section:
``(1) Inventory.--The term `inventory' means the national low-head
dam inventory developed under subsection (b)(1)(A).
``(2) Low-head dam.--The term `low-head dam' means a river-wide
artificial barrier that generally spans a stream channel, blocking the
waterway and creating a backup of water behind the barrier, with a drop
off over the wall of not less than 6 inches and not more than 25 feet.
``(b) National Low-Head Dam Inventory.--
``(1) In general.--Not later than 18 months after the date of
enactment of this section, the Secretary of the Army, in consultation
with the heads of appropriate Federal and State agencies, shall--
``(A) develop an inventory of low-head dams in the United
States that includes--
``(i) the location, ownership, description, current
use, condition, height, and length of each low-head dam;
``(ii) any information on public safety conditions
at each low-head dam;
``(iii) public safety information on the dangers of
low-head dams;
``(iv) a directory of financial and technical
assistance resources available to reduce safety hazards
and fish passage barriers at low-head dams; and
``(v) any other relevant information concerning low-
head dams; and
``(B) submit the inventory to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
``(2) Data.--In carrying out this subsection, the Secretary shall--
``(A) coordinate with Federal and State agencies and other
relevant entities; and
``(B) use data provided to the Secretary by those agencies
and entities.
``(3) Public availability.--The Secretary shall make the inventory
publicly available, including on a publicly available website.
``(4) Updates.--The Secretary, in consultation with the heads of
appropriate Federal and State agencies, shall maintain and periodically
publish updates to the inventory.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $30,000,000.
``(d) Clarification.--Nothing in this section provides authority to the
Secretary to carry out an activity, with respect to a low-head dam, that is not
explicitly authorized under this section.''.
SEC. 8123. EXPEDITING HYDROPOWER AT CORPS OF ENGINEERS FACILITIES.
Section 1008 of the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2321b) is amended--
(1) in subsection (b)(1), by inserting ``and to meet the
requirements of subsection (b)'' after ``projects'';
(2) by redesignating subsections (b) and (c) as subsections (c) and
(d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Implementation of Policy.--The Secretary shall--
``(1) ensure that the policy described in subsection (a) is
implemented nationwide in an efficient, consistent, and coordinated
manner; and
``(2) assess opportunities--
``(A) to increase the development of hydroelectric power at
existing water resources development projects of the Corps of
Engineers with hydroelectric facilities; and
``(B) to develop new hydroelectric power at existing
nonpowered water resources development projects of the Corps of
Engineers.''.
SEC. 8124. RESERVE COMPONENT TRAINING AT WATER RESOURCES DEVELOPMENT PROJECTS.
(a) In General.--In carrying out military training activities or otherwise
fulfilling military training requirements, units or members of a reserve
component of the Armed Forces may perform services and furnish supplies in
support of a water resources development project or program of the Corps of
Engineers without reimbursement.
(b) Exception.--This section shall not apply to any member of a reserve
component of the Armed Forces who is employed by the Corps of Engineers on a
full-time basis.
SEC. 8125. PAYMENT OF PAY AND ALLOWANCES OF CERTAIN OFFICERS FROM APPROPRIATION
FOR IMPROVEMENTS.
Section 36 of the Act of August 10, 1956 (33 U.S.C. 583a), is amended--
(1) by striking ``Regular officers of the Corps of Engineers of the
Army, and reserve officers of the Army who are assigned to the Corps of
Engineers,'' and inserting the following:
``(a) In General.--The personnel described in subsection (b)''; and
(2) by adding at the end the following:
``(b) Personnel Described.--The personnel referred to in subsection (a) are
the following:
``(1) Regular officers of the Corps of Engineers of the Army.
``(2) The following members of the Army who are assigned to the
Corps of Engineers:
``(A) Reserve component officers.
``(B) Warrant officers (whether regular or reserve
component).
``(C) Enlisted members (whether regular or reserve
component).''.
SEC. 8126. MAINTENANCE DREDGING PERMITS.
(a) In General.--The Secretary shall, to the maximum extent practicable,
prioritize the reissuance of any regional general permit for maintenance
dredging under section 404 of the Federal Water Pollution Control Act (33 U.S.C.
1344) that expired prior to May 1, 2021.
(b) Savings Provision.--Nothing in this section affects any obligation to
comply with the provisions of any Federal or State environmental law,
including--
(1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
(2) the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.); and
(3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
SEC. 8127. ENVIRONMENTAL DREDGING.
(a) In General.--In carrying out the following projects, the Secretary
shall, to the maximum extent practicable, coordinate efforts with the applicable
non-Federal interest, the Administrator of the Environmental Protection Agency,
and the heads of other Federal, State, and regional agencies responsible for the
remediation of contaminated sediments:
(1) The project for ecosystem restoration, South Fork of the South
Branch of the Chicago River, Bubbly Creek, Illinois, authorized by
section 401(5) of the Water Resources Development Act of 2020 (134 Stat.
2740).
(2) The project for navigation, Columbia and Lower Willamette
Rivers, Oregon and Washington, authorized by section 101 of the River
and Harbor Act of 1962 (76 Stat. 1177), in the vicinity of the Albina
Turning Basin, River Mile 10, and the Post Office Bar, Portland Harbor,
River Mile 2.
(3) The project for aquatic ecosystem restoration, Mahoning River,
Ohio, being carried out under section 206 of the Water Resources
Development Act of 1996 (33 U.S.C. 2330).
(4) The project for navigation, South Branch of the Chicago River,
Cook County, Illinois, in the vicinity of Collateral Channel.
(5) The projects carried out under the Comprehensive Everglades
Restoration Plan, as authorized by or pursuant to section 601 of the
Water Resources Development Act of 2000 (114 Stat. 2680; 132 Stat.
3786), in the vicinity of Lake Okeechobee.
(b) Report to Congress.--Not later than 180 days after the date of enactment
of this section, the Secretary and the Administrator of the Environmental
Protection Agency shall jointly submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Environment
and Public Works of the Senate a report on efforts to remove or remediate
contaminated sediments associated with the projects identified in subsection
(a), including, if applicable, any specific recommendations for actions or
agreements necessary to undertake such work.
(c) Limitation on Statutory Construction.--Nothing in this section shall be
construed to affect the rights and responsibilities of any person under the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
SEC. 8128. ASSESSMENT OF REGIONAL CONFINED AQUATIC DISPOSAL FACILITIES.
(a) Authority.--The Secretary is authorized to conduct assessments of the
availability of confined aquatic disposal facilities for the disposal of
contaminated dredged material.
(b) Information and Comment.--In conducting an assessment under this
section, the Secretary shall--
(1) solicit information from stakeholders on potential projects that
may require disposal of contaminated sediments in a confined aquatic
disposal facility;
(2) solicit information from the applicable division of the Corps of
Engineers on the need for confined aquatic disposal facilities; and
(3) provide an opportunity for public comment.
(c) New England District Region Assessment.--In carrying out subsection (a),
the Secretary shall prioritize conducting an assessment of the availability of
confined aquatic disposal facilities in the New England District region for the
disposal of contaminated dredged material in such region.
(d) Report to Congress.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Environment
and Public Works of the Senate a report on the results of any assessments
conducted under this section, including any recommendations of the Secretary for
the construction of new confined aquatic disposal facilities or expanded
capacity for confined aquatic disposal facilities.
(e) Definition.--In this section, the term ``New England District region''
means the area located within the boundaries of the New England District in the
North Atlantic Division of the Corps of Engineers.
SEC. 8129. STUDIES FOR PERIODIC NOURISHMENT.
(a) In General.--Section 156 of the Water Resources Development Act of 1976
(42 U.S.C. 1962d-5f) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``15'' and inserting
``50''; and
(B) in paragraph (2), by striking ``15''; and
(2) in subsection (e)--
(A) by striking ``10-year period'' and inserting ``16-year
period''; and
(B) by striking ``6 years'' and inserting ``12 years''.
(b) Indian River Inlet Sand Bypass Plant.--For purposes of the project for
hurricane-flood protection and beach erosion control at Indian River Inlet,
Delaware, commonly known as the ``Indian River Inlet Sand Bypass Plant'',
authorized by section 869 of the Water Resources Development Act of 1986 (100
Stat. 4182), a study carried out under section 156(b) of the Water Resources
Development Act of 1976 (42 U.S.C. 1962d-5f(b)) shall consider as an alternative
for periodic nourishment continued reimbursement of the Federal share of the
cost to the non-Federal interest for the project to operate and maintain the
sand bypass plant.
SEC. 8130. BENEFICIAL USE OF DREDGED MATERIAL; MANAGEMENT PLANS.
(a) Strategic Plan on Beneficial Use of Dredged Material.--
(1) In general.--Not later than 1 year after the date of enactment
of this section, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a strategic
plan that identifies opportunities and challenges relating to furthering
the policy of the United States to maximize the beneficial use of
suitable dredged material obtained from the construction or operation
and maintenance of water resources development projects, as described in
section 125(a)(1) of the Water Resources Development Act of 2020 (33
U.S.C. 2326g).
(2) Consultation.--In developing the strategic plan under paragraph
(1), the Secretary shall--
(A) consult with relevant Federal agencies involved in the
beneficial use of dredged material;
(B) solicit and consider input from State and local
governments and Indian Tribes, while seeking to ensure a
geographic diversity of input from the various Corps of
Engineers divisions; and
(C) consider input received from other stakeholders involved
in beneficial use of dredged material.
(3) Inclusion.--The Secretary shall include in the strategic plan
developed under paragraph (1)--
(A) identification of any specific barriers and conflicts
that the Secretary determines impede the maximization of
beneficial use of dredged material at the Federal, State, and
local level, and any recommendations of the Secretary to address
such barriers and conflicts;
(B) identification of specific measures to improve
interagency and Federal, State, local, and Tribal communications
and coordination to improve implementation of section 125(a) of
the Water Resources Development Act of 2020 (33 U.S.C. 2326g);
and
(C) identification of methods to prioritize the use of
dredged material to benefit water resources development projects
in areas experiencing vulnerabilities to coastal land loss.
(b) Dredged Material Management Plans for Harbors in the State of Ohio.--
(1) In general.--
(A) Formulation of plan.--In developing each dredged
material management plan for a federally authorized harbor in
the State of Ohio, including any such plan under development on
the date of enactment of this Act, each District Commander shall
include, as a constraint on the formulation of the base plan and
any alternatives, a prohibition consistent with section 105 of
the Energy and Water Development and Related Agencies
Appropriations Act, 2022 (Public Law 117-103; 136 Stat. 217) on
the use of funds for open-lake disposal of dredged material.
(B) Maximization of beneficial use.--Each dredged material
management plan for a federally authorized harbor in the State
of Ohio, including any such dredged material management plan
under development on the date of enactment of this Act, shall
maximize the beneficial use of dredged material under the base
plan and under section 204(d) of the Water Resources Development
Act of 1992 (33 U.S.C. 2326(d)).
(2) Savings provision.--Nothing in this subsection prohibits the use
of funds for open-lake disposal of dredged material if such use is not
otherwise prohibited by law.
SEC. 8131. CRITERIA FOR FUNDING OPERATION AND MAINTENANCE OF SMALL, REMOTE, AND
SUBSISTENCE HARBORS.
(a) In General.--Not later than 180 days after the date of enactment of this
Act, the Secretary shall develop specific criteria for the annual evaluation and
ranking of maintenance dredging requirements for small harbors and remote and
subsistence harbors, taking into account the following:
(1) The contribution of a harbor to the local and regional economy.
(2) The extent to which a harbor has deteriorated since the last
cycle of maintenance dredging.
(3) Public safety concerns.
(b) Inclusion in Guidance.--The Secretary shall include the criteria
developed under subsection (a) in the annual Civil Works Direct Program
Development Policy Guidance of the Secretary.
(c) Report to Congress.--The Secretary shall include in each biennial report
submitted under section 210(e)(3) of the Water Resources Development Act of 1986
(33 U.S.C. 2238(e)(3)) a ranking of projects in accordance with the criteria
developed under subsection (a) of this section.
(d) Definitions.--In this section:
(1) Remote and subsistence harbor.--The term ``remote and
subsistence harbor'' means a harbor with respect to which section 2006
of the Water Resources Development Act of 2007 (33 U.S.C. 2242) applies,
as determined by the Secretary.
(2) Small harbor.--The term ``small harbor'' includes an emerging
harbor, as such term is defined in section 210 of the Water Resources
Development Act of 1986 (33 U.S.C. 2238).
SEC. 8132. ADDITIONAL PROJECTS FOR UNDERSERVED COMMUNITY HARBORS.
(a) In General.--Subject to the availability of appropriations designated by
statute as being for the purpose of carrying out this section, the Secretary may
carry out projects for underserved community harbors for purposes of sustaining
water-dependent commercial and recreational activities at such harbors.
(b) Beneficial Use.--
(1) Justification.--The Secretary may carry out a project under this
section involving a disposal option for the beneficial use of dredged
material that is not the least cost disposal option if the Secretary
determines that the incremental cost of the disposal option is
reasonable pursuant to the standard described in section 204(d)(1) of
the Water Resources Development Act of 1992 (33 U.S.C. 2326(d)(1)).
(2) Cost share.--The non-Federal share of the incremental cost of a
project carried out under this section involving a disposal option for
the beneficial use of dredged material that is not the least cost
disposal option shall be determined as provided under subsections (a)
through (d) of section 103 of the Water Resources Development Act of
1986 (33 U.S.C. 2213).
(c) Prioritization.--The Secretary shall prioritize carrying out projects
using funds made available under this section based on an assessment of--
(1) the local or regional economic benefits of the project;
(2) the environmental benefits of the project, including the
benefits to the aquatic environment to be derived from the creation of
wetland and control of shoreline erosion; and
(3) other social effects of the project, including protection
against loss of life and contributions to local or regional cultural
heritage.
(d) Clarification.--The Secretary shall not require the non-Federal interest
for a project carried out under this section to perform additional operation and
maintenance activities at the beneficial use placement site or the disposal site
for such project as a condition of receiving assistance under this section.
(e) Federal Participation Limit.--The Federal share of the cost of a project
under this section shall not exceed $10,000,000.
(f) Statutory Construction.--Projects carried out under this section shall
be in addition to operation and maintenance activities otherwise carried out by
the Secretary for underserved community harbors using funds appropriated
pursuant to section 210 of the Water Resources Development Act of 1986 (33
U.S.C. 2238) or section 102(a) of the Water Resources Development Act of 2020
(33 U.S.C. 2238 note).
(g) Definitions.--In this section:
(1) Project.--The term ``project'' means a single cycle of
maintenance dredging of an underserved community harbor and any
associated placement of dredged material at a beneficial use placement
site or disposal site.
(2) Underserved community harbor.--The term ``underserved community
harbor'' means an emerging harbor (as defined in section 210(f) of the
Water Resources Development Act of 1986 (33 U.S.C. 2238(f))) for which--
(A) no Federal funds have been obligated for maintenance
dredging in the current fiscal year or in any of the 4 preceding
fiscal years; and
(B) State and local investments in infrastructure have been
made during any of the 4 preceding fiscal years.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to carry out
this section $50,000,000 from the General Fund of the Treasury for each
of fiscal years 2023 through 2026, to be deposited into the ``corps of
engineers--civil--operation and maintenance'' account.
(2) Special rule.--Not less than 35 percent of the amounts made
available to carry out this section for each fiscal year shall be used
for projects involving the beneficial use of dredged material.
SEC. 8133. INLAND WATERWAYS REGIONAL DREDGE PILOT PROGRAM.
(a) In General.--The Secretary is authorized to establish a pilot program
(referred to in this section as the ``pilot program'') to conduct a multiyear
demonstration program to award contracts with a duration of up to 5 years for
dredging projects on inland waterways of the United States described in section
206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804).
(b) Purposes.--The purposes of the pilot program shall be to--
(1) increase the reliability, availability, and efficiency of
federally owned and federally operated inland waterways projects;
(2) decrease operational risks across the inland waterways system;
and
(3) provide cost savings by combining work across multiple projects
across different accounts of the Corps of Engineers.
(c) Demonstration.--
(1) In general.--The Secretary shall, to the maximum extent
practicable, award contracts for projects under subsection (a) that
combine work for construction and operation and maintenance.
(2) Projects.--In awarding contracts under paragraph (1), the
Secretary shall consider projects that--
(A) improve navigation reliability on inland waterways that
are accessible year-round;
(B) increase freight capacity on inland waterways; and
(C) have the potential to enhance the availability of
containerized cargo on inland waterways.
(d) Savings Clause.--Nothing in this section affects the responsibility of
the Secretary with respect to the construction and operation and maintenance of
projects on the inland waterways system.
(e) Report to Congress.--Not later than 1 year after the date on which the
first contract is awarded pursuant to the pilot program, the Secretary shall
submit to the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of Representatives a
report that evaluates, with respect to the pilot program and any contracts
awarded under the pilot program--
(1) cost-effectiveness;
(2) reliability and performance;
(3) cost savings attributable to mobilization and demobilization of
dredge equipment; and
(4) response times to address navigational impediments.
(f) Sunset.--The authority of the Secretary to enter into contracts pursuant
to the pilot program shall expire on the date that is 10 years after the date of
enactment of this Act.
SEC. 8134. NEPA REPORTING.
(a) Definitions.--In this section:
(1) Categorical exclusion.--The term ``categorical exclusion'' has
the meaning given the term in section 1508.1 of title 40, Code of
Federal Regulations (or a successor regulation).
(2) Environmental assessment.--The term ``environmental assessment''
has the meaning given the term in section 1508.1 of title 40, Code of
Federal Regulations (or a successor regulation).
(3) Environmental impact statement.--The term ``environmental impact
statement'' means a detailed written statement required under section
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)).
(4) Finding of no significant impact.--The term ``finding of no
significant impact'' has the meaning given the term in section 1508.1 of
title 40, Code of Federal Regulations (or a successor regulation).
(5) Project study.--The term ``project study'' means a feasibility
study for a project carried out pursuant to section 905 of the Water
Resources Development Act of 1986 (33 U.S.C. 2282) for which a
categorical exclusion may apply, or an environmental assessment or an
environmental impact statement is required, pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b) Reports.--
(1) NEPA data.--
(A) In general.--The Secretary shall carry out a process to
track, and annually submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives, a report
containing the information described in subparagraph (B).
(B) Information described.--The information referred to in
subparagraph (A) is, with respect to the Corps of Engineers--
(i) the number of project studies for which a
categorical exclusion was used during the reporting
period;
(ii) the number of project studies for which the
decision to use a categorical exclusion, to prepare an
environmental assessment, or to prepare an environmental
impact statement is pending on the date on which the
report is submitted;
(iii) the number of project studies for which an
environmental assessment was issued during the reporting
period, broken down by whether a finding of no
significant impact, if applicable, was based on
mitigation;
(iv) the length of time the Corps of Engineers took
to complete each environmental assessment described in
clause (iii);
(v) the number of project studies pending on the
date on which the report is submitted for which an
environmental assessment is being drafted;
(vi) the number of project studies for which an
environmental impact statement was issued during the
reporting period;
(vii) the length of time the Corps of Engineers took
to complete each environmental impact statement
described in clause (vi); and
(viii) the number of project studies pending on the
date on which the report is submitted for which an
environmental impact statement is being drafted.
(2) Public access to nepa reports.--The Secretary shall make each
annual report required under paragraph (1) publicly available (including
on a publicly available website).
SEC. 8135. FUNDING TO PROCESS PERMITS.
Section 214(a)(2) of the Water Resources Development Act of 2000 (33 U.S.C.
2352(a)(2)) is amended--
(1) by striking ``The Secretary'' and inserting the following:
``(A) In general.--The Secretary''; and
(2) by adding at the end the following:
``(B) Mitigation bank instrument processing.--An activity
carried out by the Secretary to expedite evaluation of a permit
described in subparagraph (A) may include the evaluation of an
instrument for a mitigation bank if--
``(i) the non-Federal public entity, public-utility
company, natural gas company, or railroad carrier
applying for the permit described in that subparagraph
is the sponsor of the mitigation bank; and
``(ii) expediting evaluation of the instrument is
necessary to expedite evaluation of the permit described
in that subparagraph.''.
SEC. 8136. LEASE DURATIONS.
The Secretary shall issue guidance on the circumstances under which a lease
under section 2667 of title 10, United States Code, or section 4 of the Act of
December 22, 1944 (16 U.S.C. 460d), with a term in excess of 25 years is
appropriate and in the public interest.
SEC. 8137. REFORESTATION.
The Secretary is encouraged to consider measures to restore swamps and other
wetland forests in carrying out studies for water resources development projects
for ecosystem restoration, flood risk management, and hurricane and storm damage
risk reduction.
SEC. 8138. EMERGENCY STREAMBANK AND SHORELINE PROTECTION.
Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is amended--
(1) by inserting ``lighthouses (including those lighthouses with
historical value),'' after ``bridge approaches,''; and
(2) by striking ``$5,000,000'' and inserting ``$10,000,000''.
SEC. 8139. LEASE DEVIATIONS.
The Secretary shall fully implement the requirements of section 153 of the
Water Resources Development Act of 2020 (134 Stat. 2658).
SEC. 8140. POLICY AND TECHNICAL STANDARDS.
Every 5 years, the Secretary shall revise, rescind, or certify as current,
as applicable, each policy and technical standards publication for the civil
works programs of the Corps of Engineers, including each engineer regulation,
engineer circular, engineer manual, engineer pamphlet, engineer technical
letter, planning guidance letter, policy guidance letter, planning bulletin, and
engineering and construction bulletin.
SEC. 8141. CORPS RECORDS RELATING TO HARMFUL ALGAL BLOOMS IN LAKE OKEECHOBEE,
FLORIDA.
(a) Service Records.--The Secretary shall indicate in the service record of
a member or employee of the Corps of Engineers who performs covered duty that
such member or employee was exposed to microcystin in the line of duty.
(b) Covered Duty Defined.--In this section, the term ``covered duty'' means
duty performed--
(1) during a period when the Florida Department of Environmental
Protection has determined that there is a concentration of microcystin
of greater than 8 parts per billion in the waters of Lake Okeechobee
resulting from a harmful algal bloom in such lake; and
(2) at or near any of the following structures:
(A) S-77.
(B) S-78.
(C) S-79.
(D) S-80.
(E) S-308.
SEC. 8142. FORECASTING MODELS FOR THE GREAT LAKES.
(a) Authorization.--There is authorized to be appropriated to the Secretary
$10,000,000 to complete and maintain a model suite to forecast water levels,
account for water level variability, and account for the impacts of extreme
weather events and other natural disasters in the Great Lakes.
(b) Savings Provision.--Nothing in this section precludes the Secretary from
using funds made available pursuant to the Great Lakes Restoration Initiative
established by section 118(c)(7) of the Federal Water Pollution Control Act (33
U.S.C. 1268(c)(7)) for activities described in subsection (a) for the Great
Lakes, in addition to carrying out activities under this section.
SEC. 8143. MONITORING AND ASSESSMENT PROGRAM FOR SALINE LAKES IN THE GREAT
BASIN.
(a) In General.--The Secretary is authorized to carry out a program
(referred to in this subsection as the ``program'') to monitor and assess the
hydrology of saline lake ecosystems in the Great Basin, including the Great Salt
Lake, to inform and support Federal and non-Federal management and conservation
activities to benefit those ecosystems.
(b) Coordination.--The Secretary shall coordinate implementation of the
program with relevant--
(1) Federal and State agencies;
(2) Indian Tribes;
(3) local governments; and
(4) nonprofit organizations.
(c) Contracts and Cooperative Agreements.--The Secretary is authorized to
use contracts, cooperative agreements, or any other authorized means to work
with institutions of higher education and with entities described in subsection
(b) to implement the program.
(d) Update.--Not later than 1 year after the date of enactment of this Act,
the Secretary shall submit to Congress an update on the progress of the
Secretary in carrying out the program.
(e) Additional Information.--In carrying out the program, the Secretary may
use available studies, information, literature, or data on the Great Basin
region published by relevant Federal, State, Tribal, or local governmental
entities.
(f) Authorization of Appropriations.--There is authorized to be appropriated
to carry out this section $10,000,000.
SEC. 8144. CHATTAHOOCHEE RIVER PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a program to provide
environmental assistance to non-Federal interests in the Chattahoochee
River Basin.
(2) Form.--
(A) In general.--The assistance provided under paragraph (1)
shall be in the form of design and construction assistance for
water-related resource protection and restoration projects
affecting the Chattahoochee River Basin, based on the
comprehensive plan developed under subsection (b).
(B) Assistance.--Projects for which assistance is provided
under subparagraph (A) may include--
(i) projects for--
(I) sediment and erosion control;
(II) protection of eroding shorelines;
(III) ecosystem restoration, including
restoration of submerged aquatic vegetation;
(IV) protection of essential public works;
(V) wastewater treatment, and related
facilities; and
(VI) beneficial uses of dredged material;
and
(ii) other related projects that may enhance the
living resources of the Chattahoochee River Basin.
(b) Comprehensive Plan.--
(1) In general.--Not later than 2 years after the date of enactment
of this Act, the Secretary, in cooperation with State and local
governmental officials and affected stakeholders, shall develop a
comprehensive Chattahoochee River Basin restoration plan to guide the
implementation of projects under this section.
(2) Coordination.--The comprehensive plan developed under paragraph
(1) shall, to the maximum extent practicable, consider and avoid
duplication of any ongoing or planned actions of other Federal, State,
and local agencies and nongovernmental organizations.
(3) Prioritization.--The comprehensive plan developed under
paragraph (1) shall give priority to projects described in subsection
(a)(2) that will improve water quality or quantity or use a combination
of structural and nonstructural measures, including alternatives that
use natural features or nature-based features (as such terms are defined
in section 1184 of the Water Resources Development Act of 2016 (32
U.S.C. 2289a)).
(c) Agreement.--
(1) In general.--Before providing assistance for a project under
this section, the Secretary shall enter into an agreement with a non-
Federal interest for the design and construction of the project.
(2) Requirements.--Each agreement entered into under this subsection
shall provide for--
(A) the development by the Secretary, in consultation with
appropriate Federal, State, and local officials, of a resource
protection and restoration plan, including appropriate
engineering plans and specifications and an estimate of expected
resource benefits; and
(B) the establishment of such legal and institutional
structures as are necessary to ensure the effective long-term
operation and maintenance of the project by the non-Federal
interest.
(d) Cost Sharing.--
(1) Federal share.--The Federal share of the cost to design and
construct a project under each agreement entered into under this section
shall be 75 percent.
(2) Non-federal share.--
(A) Value of land, easements, rights-of-way, and
relocations.--In determining the non-Federal contribution toward
carrying out an agreement entered into under this section, the
Secretary shall provide credit to a non-Federal interest for the
value of land, easements, rights-of-way, and relocations
provided by the non-Federal interest, except that the amount of
credit provided for a project under this paragraph may not
exceed 25 percent of the total project costs.
(B) Operation and maintenance costs.--The non-Federal share
of the costs of operation and maintenance of a project carried
out under an agreement under this section shall be 100 percent.
(e) Projects on Federal Land.--
(1) In general.--Except as provided in paragraph (2), a project
carried out pursuant to the comprehensive plan developed under
subsection (b) that is located on Federal land shall be carried out at
the expense of the Federal agency that owns the land on which the
project will be carried out.
(2) Non-federal contribution.--A Federal agency carrying out a
project described in paragraph (1) may accept contributions of funds
from non-Federal interests to carry out that project.
(f) Cooperation.--In carrying out this section, the Secretary shall
cooperate with--
(1) the heads of appropriate Federal agencies, including--
(A) the Administrator of the Environmental Protection
Agency;
(B) the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration;
(C) the Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service; and
(D) the heads of such other Federal agencies as the
Secretary determines to be appropriate; and
(2) agencies of any relevant State or political subdivision of a
State.
(g) Protection of Resources.--A project established under this section shall
be carried out using such measures as are necessary to protect environmental,
historic, and cultural resources.
(h) Projects Requiring Specific Authorization.--If the Federal share of the
cost to design and construct a project under this section exceeds $15,000,000,
the Secretary may only carry out the project if Congress enacts a law
authorizing the Secretary to carry out the project.
(i) Savings Provision.--Nothing in this section--
(1) establishes any express or implied reserved water right in the
United States for any purpose;
(2) affects any water right in existence on the date of enactment of
this Act;
(3) preempts or affects any State water law or interstate compact
governing water; or
(4) affects any Federal or State law in existence on the date of
enactment of this Act regarding water quality or water quantity.
(j) Report.--Not later than 3 years after the date of enactment of this Act,
the Secretary shall submit to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure of the House
of Representatives a report that describes the results of the program
established under this section.
(k) Authorization of Appropriations.--There is authorized to be appropriated
to carry out this section $40,000,000.
SEC. 8145. LOWER MISSISSIPPI RIVER BASIN DEMONSTRATION PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a program to provide
environmental assistance to non-Federal interests in the Lower
Mississippi River Basin.
(2) Form.--
(A) In general.--The assistance under paragraph (1) shall be
in the form of design and construction assistance for flood or
coastal storm risk management or aquatic ecosystem restoration
projects in the Lower Mississippi River Basin based on the
comprehensive plan developed under subsection (b).
(B) Assistance.--Projects for which assistance is provided
under subparagraph (A) may include--
(i) projects for--
(I) sediment and erosion control;
(II) protection of eroding riverbanks and
streambanks and shorelines;
(III) ecosystem restoration;
(IV) channel modifications; and
(V) beneficial uses of dredged material; and
(ii) other related projects that may enhance the
living resources of the Lower Mississippi River Basin.
(b) Comprehensive Plan.--
(1) In general.--Not later than 2 years after the date of enactment
of this Act, the Secretary, in cooperation with State and local
governmental officials and affected stakeholders, shall develop a
comprehensive Lower Mississippi River Basin restoration plan to guide
the implementation of projects under this section.
(2) Coordination.--The comprehensive plan developed under paragraph
(1) shall, to the maximum extent practicable, consider and avoid
duplication of any ongoing or planned actions of other Federal, State,
and local agencies and nongovernmental organizations.
(3) Prioritization.--The comprehensive plan developed under
paragraph (1) shall give priority to projects described in subsection
(a)(2) that will improve water quality, reduce hypoxia in the Lower
Mississippi River or the Gulf of Mexico, or use a combination of
structural and nonstructural measures, including alternatives that use
natural features or nature-based features (as such terms are defined in
section 1184 of the Water Resources Development Act of 2016 (32 U.S.C.
2289a)).
(c) Agreement.--
(1) In general.--Before providing assistance for a project under
this section, the Secretary shall enter into an agreement with a non-
Federal interest for the design and construction of the project.
(2) Requirements.--Each agreement entered into under this subsection
shall provide for--
(A) the development by the Secretary, in consultation with
appropriate Federal, State, and local officials, of a resource
protection and restoration plan, including appropriate
engineering plans and specifications and an estimate of expected
resource benefits; and
(B) the establishment of such legal and institutional
structures as are necessary to ensure the effective long-term
operation and maintenance of the project by the non-Federal
interest.
(d) Cost Sharing.--
(1) Federal share.--The Federal share of the cost to design and
construct a project under each agreement entered into under this section
shall be 75 percent.
(2) Non-federal share.--
(A) Value of land, easements, rights-of-way, and
relocations.--In determining the non-Federal contribution toward
carrying out an agreement entered into under this section, the
Secretary shall provide credit to a non-Federal interest for the
value of land, easements, rights-of-way, and relocations
provided by the non-Federal interest, except that the amount of
credit provided for a project under this paragraph may not
exceed 25 percent of the total project costs.
(B) Operation and maintenance costs.--The non-Federal share
of the costs of operation and maintenance of a project carried
out under an agreement under this section shall be 100 percent.
(e) Projects on Federal Land.--
(1) In general.--Except as provided in paragraph (2), a project
carried out pursuant to the comprehensive plan developed under
subsection (b) that is located on Federal land shall be carried out at
the expense of the Federal agency that owns the land on which the
project will be carried out.
(2) Non-federal contribution.--A Federal agency carrying out a
project described in paragraph (1) may accept contributions of funds
from non-Federal interests to carry out that project.
(f) Cooperation.--In carrying out this section, the Secretary shall
cooperate with--
(1) the heads of appropriate Federal agencies, including--
(A) the Secretary of Agriculture;
(B) the Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service; and
(C) the heads of such other Federal agencies as the
Secretary determines to be appropriate; and
(2) agencies of any relevant State or political subdivision of a
State.
(g) Protection of Resources.--A project established under this section shall
be carried out using such measures as are necessary to protect environmental,
historic, and cultural resources.
(h) Projects Requiring Specific Authorization.--If the Federal share of the
cost to design and construct a project under this section exceeds $15,000,000,
the Secretary may only carry out the project if Congress enacts a law
authorizing the Secretary to carry out the project.
(i) Report.--Not later than 3 years after the date of enactment of this Act,
the Secretary shall submit to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure of the House
of Representatives a report that describes the results of the program
established under this section.
(j) Definition.--In this section, the term ``Lower Mississippi River Basin''
means the portion of the Mississippi River that begins at the confluence of the
Ohio River and flows to the Gulf of Mexico, and its tributaries and
distributaries.
(k) Authorization of Appropriations.--There is authorized to be appropriated
to carry out this section $40,000,000.
SEC. 8146. WASHINGTON AQUEDUCT.
(a) Capital Improvement Authority.--The Secretary may carry out capital
improvements for the Washington Aqueduct that the Secretary determines necessary
for the safe, effective, and efficient operation of the Aqueduct.
(b) Borrowing Authority.--
(1) In general.--Subject to paragraphs (2) through (4) and
subsection (c), the Secretary is authorized to borrow from the Treasury
of the United States such amounts as are sufficient to cover any
obligations that will be incurred by the Secretary in carrying out
capital improvements for the Washington Aqueduct under subsection (a).
(2) Limitation.--The amount borrowed by the Secretary under
paragraph (1) may not exceed $40,000,000 in any fiscal year.
(3) Agreement.--Amounts borrowed under paragraph (1) may only be
used to carry out capital improvements with respect to which the
Secretary has entered into an agreement with each customer.
(4) Terms of borrowing.--
(A) In general.--Subject to subsection (c), the Secretary of
the Treasury shall provide amounts borrowed under paragraph (1)
under such terms and conditions as the Secretary of Treasury
determines to be necessary and in the public interest.
(B) Term.--The term of any loan made under paragraph (1)
shall be for a period of not less than 20 years.
(C) Prepayment.--There shall be no penalty for the
prepayment of any amounts borrowed under paragraph (1).
(c) Contracts With Customers.--
(1) In general.--The Secretary may not borrow any amounts under
subsection (b) until such time as the Secretary has entered into a
contract with each customer under which the customer commits to pay a
pro rata share (based on water purchase) of the principal and interest
owed to the Secretary of the Treasury under subsection (b).
(2) Prepayment.--Any customer may pay, in advance, the pro rata
share of the principal and interest owed by the customer, or any portion
thereof, without penalty.
(3) Risk of default.--A customer that enters into a contract under
this subsection shall, as a condition of the contract, commit to pay any
additional amount necessary to fully offset the risk of default on the
contract.
(4) Obligations.--Each contract entered into under paragraph (1)
shall include such terms and conditions as the Secretary of the Treasury
may require so that the total value to the Government of all contracts
entered into under paragraph (1) is estimated to be equal to the
obligations of the Secretary for carrying out capital improvements for
the Washington Aqueduct.
(5) Other conditions.--Each contract entered into under paragraph
(1) shall--
(A) include other conditions consistent with this section
that the Secretary and the Secretary of the Treasury determine
to be appropriate; and
(B) provide the United States priority in regard to income
from fees assessed to operate and maintain the Washington
Aqueduct.
(d) Customer Defined.--In this section, the term ``customer'' means--
(1) the District of Columbia;
(2) Arlington County, Virginia; and
(3) Fairfax County, Virginia.
SEC. 8147. WATER INFRASTRUCTURE PUBLIC-PRIVATE PARTNERSHIP PILOT PROGRAM.
Section 5014 of the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2201 note) is amended--
(1) in subsection (a), by striking ``aquatic''; and
(2) in subsection (d)(1), by inserting ``ecosystem restoration,''
after ``flood damage reduction,''.
SEC. 8148. ADVANCE PAYMENT IN LIEU OF REIMBURSEMENT FOR CERTAIN FEDERAL COSTS.
(a) In General.--The Secretary is authorized to provide in advance to a non-
Federal interest the Federal share of funds required for the acquisition of
land, easements, and rights-of-way and the performance of relocations for a
water resources development project or a separable element of a water resources
development project--
(1) that is authorized to be constructed at Federal expense;
(2) for which the Secretary has determined under section 103(b)(2)
of the Water Resources Development Act of 1986 (33 U.S.C. 2213(b)(2))
that additional costs are a Federal responsibility; or
(3) that is listed in subsection (b), if at any time the cost to
acquire the land, easements, and rights-of-way required for the project
is projected to exceed the non-Federal share of the cost of the project.
(b) Listed Projects.--The projects referred to in subsection (a)(3) are the
following:
(1) Project for hurricane and storm damage risk reduction, Delaware
Beneficial Use of Dredged Material for the Delaware River, Delaware,
authorized by section 401(3) of the Water Resources Development Act of
2020 (134 Stat. 2736), as modified by this Act.
(2) Project for ecosystem restoration, Mississippi River Gulf
Outlet, Louisiana, authorized by section 7013(a)(4) of the Water
Resources Development Act of 2007 (121 Stat. 1281), as modified by this
Act.
(3) Project for ecosystem restoration, Great Lakes and Mississippi
River Interbasin project, Brandon Road, Will County, Illinois,
authorized by title IV of the Water Resources Development Act of 2020
(134 Stat. 2740), as modified by this Act.
(4) Project for navigation, Port of Nome, Alaska, authorized by
section 401(1) of the Water Resources Development Act of 2020 (134 Stat.
2733), as modified by this Act.
(5) Project for storm damage reduction and shoreline erosion
protection, Lake Michigan, Illinois, from Wilmette, Illinois, to the
Illinois-Indiana State line, authorized by section 101(a)(12) of the
Water Resources Development Act of 1996 (110 Stat. 3664), as modified by
this Act.
(6) Project for flood control, Milton, West Virginia, authorized by
section 580 of the Water Resources Development Act of 1996 (110 Stat.
3790; 114 Stat. 2612; 121 Stat. 1154), as modified by this Act.
(7) Project for coastal storm risk management, South Shore of Staten
Island, Fort Wadsworth to Oakwood Beach, New York, as authorized by this
Act.
SEC. 8149. USE OF OTHER FEDERAL FUNDS.
Section 2007 of the Water Resources Development Act of 2007 (33 U.S.C. 2222)
is amended--
(1) by striking ``water resources study or project'' and inserting
``water resources development study or project, including a study or
project under a continuing authority program (as defined in section
7001(c)(1)(D) of the Water Resources Reform and Development Act of 2014
(33 U.S.C. 2282d(c)(1)(D))) and a study or project under an
environmental infrastructure assistance program,''; and
(2) by striking ``if the Federal agency that provides the funds
determines that the funds are authorized to be used to carry out the
study or project.'' and inserting the following: ``if--
``(1) the statutory authority for the funds provided by the Federal
agency does not expressly prohibit use of the funds for a study or
project of the Corps of Engineers; and
``(2) the Federal agency that provides the funds determines that the
study or project activities for which the funds will be used are
otherwise eligible for funding under such statutory authority.''.
SEC. 8150. NON-FEDERAL INTEREST ADVISORY COMMITTEE.
(a) In General.--Not later than 90 days after the date of enactment of this
Act, the Secretary shall establish a committee, to be known as the ``Non-Federal
Interest Advisory Committee'' and referred to in this section as the
``Committee'', to develop and make recommendations to the Secretary and the
Chief of Engineers on activities and actions that should be undertaken by the
Corps of Engineers to ensure more effective and efficient delivery of water
resources development projects, programs, and other assistance.
(b) Membership.--
(1) In general.--The Committee shall be composed of the members
described in paragraph (2), who shall--
(A) be appointed by the Secretary; and
(B) have the requisite experiential or technical knowledge
needed to address issues related to water resources needs and
challenges.
(2) Representatives.--The members of the Committee shall include the
following:
(A) 1 representative of each of the following:
(i) A non-Federal interest for a project for
navigation for an inland harbor.
(ii) A non-Federal interest for a project for
navigation for a harbor.
(iii) A non-Federal interest for a project for flood
risk management.
(iv) A non-Federal interest for a project for
coastal storm risk management.
(v) A non-Federal interest for a project for aquatic
ecosystem restoration.
(B) 1 representative of each of the following:
(i) A non-Federal stakeholder with respect to inland
waterborne transportation.
(ii) A non-Federal stakeholder with respect to water
supply.
(iii) A non-Federal stakeholder with respect to
recreation.
(iv) A non-Federal stakeholder with respect to
hydropower.
(v) A non-Federal stakeholder with respect to
emergency preparedness, including coastal protection.
(C) 1 representative of each of the following:
(i) An organization with expertise in conservation.
(ii) An organization with expertise in environmental
policy.
(iii) An organization with expertise in rural water
resources.
(c) Duties.--
(1) Recommendations.--The Committee shall provide advice and make
recommendations to the Secretary and the Chief of Engineers to assist
the Corps of Engineers in--
(A) efficiently and effectively delivering water resources
development projects;
(B) improving the capability and capacity of the workforce
of the Corps of Engineers to deliver such projects and other
assistance;
(C) improving the capacity and effectiveness of Corps of
Engineers consultation and liaison roles in communicating water
resources needs and solutions, including regionally specific
recommendations; and
(D) strengthening partnerships with non-Federal interests to
advance water resources solutions.
(2) Meetings.--The Committee shall meet as appropriate to develop
and make recommendations under paragraph (1).
(3) Report.--Recommendations made under paragraph (1) shall be--
(A) included in a report submitted to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(B) made publicly available, including on a publicly
available website.
(d) Independent Judgment.--Any recommendation made by the Committee to the
Secretary and the Chief of Engineers under subsection (c)(1) shall reflect the
independent judgment of the Committee.
(e) Administration.--
(1) Compensation.--Except as provided in paragraph (2), the members
of the Committee shall serve without compensation.
(2) Travel expenses.--The members of the Committee shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of chapter 57
of title 5, United States Code.
(3) Treatment.--The members of the Committee shall not be considered
to be Federal employees, and the meetings and reports of the Committee
shall not be considered a major Federal action under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 8151. MATERIALS, SERVICES, AND FUNDS FOR REPAIR, RESTORATION, OR
REHABILITATION OF CERTAIN PUBLIC RECREATION FACILITIES.
(a) Authorization.--During a period of low water at an eligible public
recreation facility, the Secretary is authorized to--
(1) accept and use materials, services, and funds from a non-Federal
interest to repair, restore, or rehabilitate the facility; and
(2) reimburse the non-Federal interest for the Federal share of the
materials, services, or funds.
(b) Requirement.--The Secretary may not reimburse a non-Federal interest for
the use of materials or services accepted under this section unless the
materials or services--
(1) meet the specifications of the Secretary; and
(2) comply with all applicable laws and regulations that would apply
if the materials and services were acquired by the Secretary, including
subchapter IV of chapter 31 and chapter 37 of title 40, United States
Code, and section 8302 of title 41, United States Code.
(c) Agreement.--Before the acceptance of materials, services, or funds under
this section, the Secretary and the non-Federal interest shall enter into an
agreement that--
(1) specifies that the non-Federal interest shall hold and save the
United States free from liability for any and all damages that arise
from use of materials or services of the non-Federal interest, except
for damages due to the fault or negligence of the United States or its
contractors;
(2) requires that the non-Federal interest certify that the
materials or services comply with the applicable laws and regulations
described in subsection (b)(2); and
(3) includes any other term or condition required by the Secretary.
(d) Sunset.--The authority to enter into an agreement under this section
shall expire on the date that is 10 years after the date of enactment of this
Act.
(e) Definition of Eligible Public Recreation Facility.--In this section, the
term ``eligible public recreation facility'' means a facility that--
(1) is located--
(A) at a reservoir operated by the Corps of Engineers; and
(B) in the Upper Missouri River Basin;
(2) was constructed to enable public use of and access to the
reservoir; and
(3) requires repair, restoration, or rehabilitation to function.
(f) Authorization of Appropriations.--There is authorized to be appropriated
to carry out subsection (a)(2) $20,000,000, to remain available until expended.
SEC. 8152. REHABILITATION OF PUMP STATIONS.
Section 133 of the Water Resources Development Act of 2020 (33 U.S.C. 2327a)
is amended--
(1) in subsection (a), by striking paragraph (1) and inserting the
following:
``(1) Eligible pump station.--The term `eligible pump station' means
a pump station--
``(A) that is a feature of--
``(i) a federally authorized flood or coastal storm
risk management project; or
``(ii) an integrated flood risk reduction system
that includes a federally authorized flood or coastal
storm risk management project; and
``(B) the failure of which the Secretary has determined
would demonstrably impact the function of the federally
authorized flood or coastal storm risk management project.'';
(2) by striking subsection (b) and inserting the following:
``(b) Authorization.--The Secretary may carry out rehabilitation of an
eligible pump station, if the Secretary determines that--
``(1) the eligible pump station has a major deficiency; and
``(2) the rehabilitation is feasible.''; and
(3) by adding at the end the following:
``(g) Prioritization.--To the maximum extent practicable, the Secretary
shall prioritize the rehabilitation of eligible pump stations under this section
that benefit economically disadvantaged communities, as defined by the Secretary
under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201
note), including economically disadvantaged communities located in urban and
rural areas.''.
SEC. 8153. REPORT TO CONGRESS ON CORPS OF ENGINEERS RESERVOIRS.
(a) In General.--Not later than 1 year after the date of enactment of this
Act, the Secretary shall complete the updated report required under section
1046(a)(2)(B) of the Water Resources Reform and Development Act of 2014 (128
Stat. 1252).
(b) Report to Congress; Public Availability.--Upon completion of the report
as required by subsection (a), the Secretary shall--
(1) submit the report to Congress; and
(2) make the full report publicly available, including on a publicly
available website.
SEC. 8154. TEMPORARY RELOCATION ASSISTANCE PILOT PROGRAM.
(a) In General.--Not later than 90 days after the date of enactment of this
Act, the Secretary shall establish a pilot program to evaluate the extent to
which the provision of temporary relocation assistance enhances the
completeness, effectiveness, efficiency, acceptability, and equitable
implementation of covered water resources development projects.
(b) Assistance Authorized.--Subject to subsection (c)--
(1) the non-Federal interest for a covered water resources
development project included in the pilot program established under this
section may provide temporary relocation assistance to a temporarily
displaced person; and
(2) the Secretary shall, pursuant to a project partnership
agreement--
(A) include the temporary relocation assistance provided by
the non-Federal interest for a covered water resources
development project under paragraph (1) in the value of the
land, easements, and rights-of-way required for the project; and
(B) credit the amount of the temporary relocation assistance
provided by the non-Federal interest for the covered water
resources development project under paragraph (1) toward the
non-Federal share of the cost of the project.
(c) Requirements.--
(1) Request of non-federal interest.--At the request of the non-
Federal interest for a covered water resources development project, the
Secretary may include the project in the pilot program established under
this section.
(2) Duplication of benefits.--The Secretary and the non-Federal
interest for a covered water resources development project included in
the pilot program established under this section shall ensure that no
temporarily displaced person receives temporary relocation assistance
under this section for expenses for which the temporarily displaced
person has received financial assistance from any insurance, other
program, or any other governmental source.
(3) Equal treatment.--The non-Federal interest for a covered water
resources development project included in the pilot program established
under this section shall provide temporary relocation assistance to each
temporarily displaced person on equal terms.
(4) Maximum amount of credit.--The Secretary shall not include in
the value of the land, easements, and rights-of-way required for a
covered water resources development project, or credit toward the non-
Federal share of the cost of the project, any amount paid to individuals
of a single household by the non-Federal interest for the project under
subsection (b) that exceeds $20,000.
(d) Report to Congress.--Not later than 1 year after the date of enactment
of this Act, and biennially thereafter, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report that
includes findings and recommendations of the Secretary with respect to the
provision of temporary relocation assistance for covered water resources
development projects included in the pilot program established under this
section.
(e) Sunset.--The authority to enter into or amend a project partnership
agreement for a covered water resources development project under the pilot
program established under this section shall expire on the date that is 10 years
after the date of enactment of this Act.
(f) Savings Provision.--Nothing in this section affects the eligibility for,
or entitlement to, relocation assistance under the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) for
any individual.
(g) Definitions.--In this section:
(1) Covered water resources development project.--The term ``covered
water resources development project'' means the following projects:
(A) Project for hurricane and storm damage risk reduction,
Charleston Peninsula, Coastal Storm Risk Management, South
Carolina, authorized by this Act.
(B) Project for hurricane and storm damage risk reduction,
Fire Island Inlet to Montauk Point, New York, authorized by
section 401(3) of the Water Resources Development Act of 2020
(134 Stat. 2738).
(C) Project for hurricane and storm damage risk reduction,
Rahway River Basin, New Jersey, authorized by section 401(3) of
the Water Resources Development Act of 2020 (134 Stat. 2737).
(D) Project for flood risk management, Peckman River Basin,
New Jersey, authorized by section 401(2) of the Water Resources
Development Act of 2020 (134 Stat. 2735).
(E) Project for hurricane and storm damage reduction, New
Jersey Back Bays, Cape May, Ocean, Atlantic, Monmouth, and
Burlington Counties, authorized by resolutions of the Committee
on Public Works and Transportation of the House of
Representatives and the Committee on Environment and Public
Works of the Senate, approved in December 1987, under study on
the date of enactment of this Act.
(2) Dwelling.--The term ``dwelling'' means--
(A) a single-family house;
(B) a single-family unit in a two-family, multifamily, or
multipurpose property;
(C) a unit of a condominium or cooperative housing project;
(D) a mobile home; or
(E) any other residential unit.
(3) Household.--The term ``household'' means 1 or more individuals
occupying a single dwelling.
(4) Temporarily displaced person.--The term ``temporarily displaced
person'' means an individual who is--
(A) required to temporarily move from a dwelling that is the
primary residence of the individual as a direct result of the
elevation or modification of the dwelling by the Secretary or a
non-Federal interest as part of a covered water resources
development project; and
(B) not otherwise entitled to temporary relocation
assistance under the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et
seq.).
(5) Temporary relocation assistance.--The term ``temporary
relocation assistance'' means assistance that covers all or any portion
of the documented reasonable living expenses, excluding food and
personal transportation, incurred by a temporarily displaced person
during a period of displacement.
SEC. 8155. CONTINUATION OF CONSTRUCTION.
(a) Continuation of Construction.--
(1) In general.--Upon the transmittal of an initial notification
pursuant to subsection (b)(1) with respect to a water resources
development project, the Secretary shall not, solely on the basis of the
maximum cost requirements under section 902 of the Water Resources
Development Act of 1986 (33 U.S.C. 2280)--
(A) defer the initiation or continuation of construction of
the water resources development project during the covered
period; or
(B) terminate during or after the covered period, a contract
for design or construction of the water resources development
project that was entered into prior to or during the covered
period.
(2) Resumption of construction.--The Secretary shall, upon the
transmittal of an initial notification pursuant to subsection (b)(1)
with respect to a water resources development project for which
construction was deferred, during the period beginning on October 1,
2021, and ending on the date of enactment of this Act, because the cost
of such project exceeded the maximum cost permitted under section 902 of
the Water Resources Development Act of 1986 (33 U.S.C. 2280), resume
construction of the project.
(b) Notification.--
(1) Initial notification.--Not later than 30 days after the Chief of
Engineers makes a determination that a water resources development
project exceeds, or is expected to exceed, the maximum cost of the
project permitted under section 902 of the Water Resources Development
Act of 1986 (33 U.S.C. 2280), the Chief of Engineers shall transmit a
written notification concurrently to the Secretary and to the Committee
on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives for
each such determination.
(2) Supplemental notification.--Not later than 60 days after the
Chief of Engineers transmits an initial notification required under
paragraph (1), the Chief shall transmit concurrently to the Secretary
and to the Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a supplemental notification that includes, based on
information available to the Corps of Engineers on the date of the
supplemental notification--
(A) an estimate of the expected increase in the cost of the
project that is in excess of the authorized maximum cost for the
project;
(B) a description of the reason for the increased cost of
the project; and
(C) the expected timeline for submission of a post-
authorization change report for the project in accordance with
section 1132 of the Water Resources Development Act of 2016 (33
U.S.C. 2282e).
(3) Transmittal.--The notifications described in paragraphs (1) and
(2) may not be delayed as a result of consideration being given to
changes in policy or priority with respect to project consideration.
(c) Deferral of Construction.--After expiration of the covered period, the
Secretary shall not enter into any new contract, or exercise any option in a
contract, for construction of a water resources development project if the
project exceeds the maximum cost of the project permitted under section 902 of
the Water Resources Development Act of 1986 (33 U.S.C. 2280), until the date on
which Congress authorizes an increase in the cost of the project.
(d) Statutory Construction.--Nothing in this section waives the obligation
of the Secretary to submit to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure of the House
of Representatives a post-authorization change report recommending an increase
in the authorized cost of a project if the project otherwise would exceed the
maximum cost of the project permitted under section 902 of the Water Resources
Development Act of 1986 (33 U.S.C. 2280).
(e) Definition of Covered Period.--In this section, the term ``covered
period'' means the period beginning on the date of enactment of this Act and
ending on December 31, 2024.
SEC. 8156. FEDERAL INTEREST DETERMINATION.
Section 905(b)(1) of the Water Resources Development Act of 1986 (33 U.S.C.
2282(b)(1)) is amended by amending subparagraph (B) to read as follows:
``(B) Other communities.--In preparing a feasibility report
under subsection (a) for a study that will benefit a community
other than a community described in subparagraph (A), upon
request by the non-Federal interest for the study, the Secretary
may, with respect to not more than 20 studies in each fiscal
year, first determine the Federal interest in carrying out the
study and the projects that may be proposed in the study.''.
SEC. 8157. INLAND WATERWAY PROJECTS.
(a) In General.--Section 102(a) of the Water Resources Development Act of
1986 (33 U.S.C. 2212(a)) is amended--
(1) in the matter preceding paragraph (1), by striking ``One-half of
the costs'' and inserting ``65 percent of the costs''; and
(2) in the undesignated matter following paragraph (3), in the
second sentence, by striking ``One-half of such costs'' and inserting
``35 percent of such costs''.
(b) Application.--The amendments made by subsection (a) shall apply
beginning on October 1, 2022, to any construction of a project for navigation on
the inland waterways that is new or ongoing on or after that date.
(c) Conforming Amendment.--Section 109 of the Water Resources Development
Act of 2020 (33 U.S.C. 2212 note) is amended by striking ``fiscal years 2021
through 2031'' and inserting ``fiscal years 2021 through 2022''.
SEC. 8158. CORPS OF ENGINEERS WESTERN WATER COOPERATIVE COMMITTEE.
(a) Establishment.--
(1) In general.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall establish a Western Water Cooperative
Committee (referred to in this section as the ``Cooperative
Committee'').
(2) Purpose.--The purpose of the Cooperative Committee is to ensure
that Corps of Engineers flood control projects in Western States are
operated consistent with congressional directives by identifying
opportunities to avoid or minimize conflicts between the operation of
Corps of Engineers projects and water rights and water laws in such
States.
(3) Membership.--The Cooperative Committee shall be composed of--
(A) the Assistant Secretary of the Army for Civil Works (or
a designee);
(B) the Chief of Engineers (or a designee);
(C) 1 representative from each of the Western States, who
may serve on the Western States Water Council, to be appointed
by the Governor of each State;
(D) 1 representative with legal experience from each of the
Western States, to be appointed by the attorney general of each
State; and
(E) 1 employee from each of the impacted regional offices of
the Bureau of Indian Affairs.
(4) Meetings.--
(A) In general.--The Cooperative Committee shall meet not
less than once each year in one of the Western States.
(B) Available to public.--Each meeting of the Cooperative
Committee shall be open and accessible to the public.
(C) Notification.--The Cooperative Committee shall publish
in the Federal Register adequate advance notice of a meeting of
the Cooperative Committee.
(5) Duties.--
(A) In general.--The Cooperative Committee shall develop and
make recommendations to avoid or minimize conflicts between the
operation of Corps of Engineers projects and the water rights
and water laws of Western States.
(B) Limitation.--In carrying out subparagraph (A), the
Cooperative Committee shall--
(i) make recommendations that only apply to Western
States; and
(ii) ensure that any recommended changes or
modifications to policy or regulations for Corps of
Engineers projects would not adversely affect water
resources within the State of Missouri.
(6) Status updates.--
(A) In general.--On an annual basis, the Secretary shall
provide to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a written report that includes--
(i) a summary of the contents of meetings of the
Cooperative Committee;
(ii) any legislative proposal from a Western State
proposed to the Cooperative Committee; and
(iii) a description of any recommendations made by
the Cooperative Committee under paragraph (5), including
actions taken by the Secretary in response to such
recommendations.
(B) Comment.--
(i) In general.--Not later than 45 days following
the conclusion of a meeting of the Cooperative
Committee, the Secretary shall provide to members of the
Cooperative Committee an opportunity to comment on the
contents of the meeting and any recommendations made
under paragraph (5).
(ii) Inclusion.--Comments provided under clause (i)
shall be included in the report provided under
subparagraph (A).
(7) Compensation.--
(A) In general.--Except as provided in subparagraph (B), the
members of the Cooperative Committee shall serve without
compensation.
(B) Travel expenses.--The members of the Cooperative
Committee shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with applicable provisions
under subchapter I of chapter 57 of title 5, United States Code.
(8) Maintenance of records.--The Cooperative Committee shall
maintain records pertaining to operating costs and records of the
Cooperative Committee for a period of not less than 3 years.
(9) Savings provisions.--
(A) No additional authority.--Nothing in this section
provides authority to the Cooperative Committee to affect any
Federal or State water law or interstate compact governing
water.
(B) Other states.--Nothing in this section may be
interpreted, by negative implication or otherwise, as suggesting
that States not represented on the Cooperative Committee have
lesser interest or authority, in relation to Western States, in
managing the water within their borders or in vindicating State
water rights and water laws.
(b) Definition of Western States.--In this section, the term ``Western
States'' means the States of Alaska, Arizona, California, Colorado, Idaho,
Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon,
South Dakota, Texas, Utah, Washington, and Wyoming.
SEC. 8159. SUPPORT OF ARMY CIVIL WORKS MISSIONS.
The Secretary is authorized to use contracts, cooperative agreements, or any
other authorized means, in support of the Corps of Engineers civil works
missions, to work with--
(1) the University of Delaware to conduct academic research on water
resource ecology, water quality, aquatic ecosystem restoration
(including shellfish aquaculture), coastal restoration, and water
resource-related emergency management, in the State of Delaware, the
Delaware River Basin, and the Chesapeake Bay watershed;
(2) the University of Missouri to conduct economic analyses and
other academic research to improve water management, enhance flood
resiliency, and preserve water resources for the State of Missouri, the
Lower Missouri River Basin, and Upper Mississippi River Basin;
(3) Oregon State University to conduct a study and other academic
research on the associated impacts of wildfire on water resource
ecology, water supply, quality, and distribution in the Willamette River
Basin and to develop a water resource assessment and management platform
for the Willamette River Basin; and
(4) West Virginia University to conduct academic research on flood
risk management, water resource-related emergency management, aquatic
ecosystem restoration, water quality, hydropower, and water resource-
related recreation in the State of West Virginia.
SEC. 8160. CIVIL WORKS RESEARCH AND DEVELOPMENT.
(a) In General.--Section 7 of the Water Resources Development Act of 1988
(33 U.S.C. 2313) is amended to read as follows:
``SEC. 7. RESEARCH AND DEVELOPMENT.
``(a) In General.--The Secretary is authorized to carry out basic, applied,
and advanced research activities as required to aid in the planning, design,
construction, operation, and maintenance of water resources development projects
and to support the missions and authorities of the Corps of Engineers.
``(b) Testing and Application.--In carrying out subsection (a), the
Secretary is authorized to test and apply technology, tools, techniques, and
materials developed pursuant to such subsection, including the testing and
application of such technology, tools, techniques, and materials at authorized
water resources development projects, in consultation with the non-Federal
interests for such projects.
``(c) Other Transactional Authority for Prototype Projects.--
``(1) In general.--In carrying out subsection (b), the Secretary is
authorized to enter into transactions (other than contracts, cooperative
agreements, or grants) to carry out prototype projects to support basic,
applied, and advanced research activities that are directly relevant to
the civil works missions and authorities of the Corps of Engineers.
``(2) Follow-on production transactions.--A transaction entered into
under paragraph (1) for a prototype project may provide for the award of
a follow-on production contract or transaction to the participants in
the transaction in accordance with the requirements of section 4022 of
title 10, United States Code.
``(3) Guidance.--Prior to entering into the first transaction under
this subsection, the Secretary shall issue guidance for entering into
transactions under this subsection (including guidance for follow-on
production contracts or transactions under paragraph (2)).
``(4) Conditions.--In carrying out this subsection, the Secretary
shall ensure that--
``(A) competitive procedures are used to the maximum extent
practicable to award each transaction; and
``(B) at least one of the following conditions is met with
respect to each transaction:
``(i) The prototype project includes significant
participation by at least one nonprofit research
institution or nontraditional defense contractor, as
that term is defined in section 3014 of title 10, United
States Code.
``(ii) All significant participants in the
transaction other than the Federal Government are small
business concerns, as that term is used in section 3 of
the Small Business Act (15 U.S.C. 632) (including such
concerns participating in a program described in section
9 of such Act (15 U.S.C. 638)).
``(iii) At least one-third of the total cost of the
prototype project is to be paid out of funds provided by
sources other than the Federal Government.
``(iv) The Head of the Contracting Activity for the
Corps of Engineers submits to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works of the Senate a notification that
exceptional circumstances justify the use of a
transaction that provides for innovative business
arrangements or structures that would not be feasible or
appropriate under a contract, cooperative agreement, or
grant.
``(5) Notification.--Not later than 30 days before the Secretary
enters into a transaction under paragraph (1), the Secretary shall
notify the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public Works of
the Senate of--
``(A) the dollar amount of the transaction;
``(B) the entity carrying out the prototype project that is
the subject of the transaction;
``(C) the justification for the transaction; and
``(D) as applicable, the water resources development project
where the prototype project will be carried out.
``(6) Report.--Not later than 4 years after the date of enactment of
the Water Resources Development Act of 2022, the Secretary shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of the
Senate a report describing the use of the authority under this
subsection.
``(7) Comptroller general access to information.--
``(A) Examination of records.--Each transaction entered into
under this subsection shall provide for mandatory examination by
the Comptroller General of the United States of the records of
any party to the transaction or any entity that participates in
the performance of the transaction.
``(B) Limitations.--
``(i) Parties and entities.--Examination of records
by the Comptroller General pursuant to subparagraph (A)
shall be limited as provided under clause (ii) in the
case of a party to the transaction, an entity that
participates in the performance of the transaction, or a
subordinate element of that party or entity if the only
transactions that the party, entity, or subordinate
element entered into with Government entities in the
year prior to the date of that transaction were entered
into under paragraph (1) or under section 4021 or 4022
of title 10, United States Code.
``(ii) Records.--The only records of a party, other
entity, or subordinate element referred to in clause (i)
that the Comptroller General may examine pursuant to
subparagraph (A) are records of the same type as the
records that the Government has had the right to examine
under the audit access clauses of the previous
transactions referred to in such clause that were
entered into by that particular party, entity, or
subordinate element.
``(C) Waiver.--The Head of the Contracting Activity for the
Corps of Engineers may waive the applicability of subparagraph
(A) to a transaction if the Head of the Contracting Activity for
the Corps of Engineers--
``(i) determines that it would not be in the public
interest to apply the requirement to the transaction;
and
``(ii) transmits to the Committee on Environment and
Public Works of the Senate, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Comptroller General, before the
transaction is entered into, a notification of the
waiver, including the rationale for the determination
under clause (i).
``(D) Timing.--The Comptroller General may not examine
records pursuant to subparagraph (A) more than 3 years after the
final payment is made by the United States under the
transaction.
``(E) Report.--Not later than 1 year after the date of
enactment of the Water Resources Development Act of 2022, and
annually thereafter, the Comptroller General shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the use of the authority under this
paragraph.
``(8) Termination of authority.--The authority to enter into a
transaction under this subsection shall terminate on December 31, 2028.
``(d) Coordination and Consultation.--In carrying out this section, the
Secretary may coordinate and consult with Federal agencies, State and local
agencies, Indian Tribes, universities, consortiums, councils, and other relevant
entities that will aid in the planning, design, construction, operation, and
maintenance of water resources development projects.
``(e) Annual Report.--
``(1) In general.--For fiscal year 2025, and annually thereafter, in
conjunction with the annual budget submission of the President to
Congress under section 1105(a) of title 31, United States Code, the
Secretary shall submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on basic, applied, and advanced
research activities and prototype projects carried out under this
section.
``(2) Contents.--Each report under paragraph (1) shall include--
``(A) a description of each ongoing and new activity or
project, including--
``(i) the estimated total cost of the activity or
project;
``(ii) the amount of Federal expenditures for the
activity or project;
``(iii) the amounts provided by a non-Federal party
to a transaction described in subsection (c), if
applicable;
``(iv) the estimated timeline for completion of the
activity or project;
``(v) the requesting district of the Corps of
Engineers, if applicable; and
``(vi) how the activity or project is consistent
with subsection (a); and
``(B) any additional information that the Secretary
determines to be appropriate.
``(f) Savings Clause.--Nothing in this section affects the authority of the
Secretary to carry out, through the Engineer Research and Development Center,
any activity requested by a district of the Corps of Engineers in support of a
water resources development project or feasibility study (as defined in section
105(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(d))).
``(g) Establishment of Account.--The Secretary, in consultation with the
Director of the Office of Management and Budget, shall establish a separate
appropriations account for administering funds made available to carry out this
section.''.
(b) Clerical Amendment.--The table of contents contained in section 1(b) of
the Water Resources Development Act of 1988 (102 Stat. 4012) is amended by
striking the item relating to section 7 and inserting the following:
``Sec. 7. Research and development.''.
SEC. 8161. SENSE OF CONGRESS ON OPERATIONS AND MAINTENANCE OF RECREATION SITES.
It is the sense of Congress that the Secretary, in each work plan submitted
to Congress by the Secretary, should distribute amounts provided for the
operations and maintenance of recreation sites of the Corps of Engineers so that
each site receives an amount that is not less than 80 percent of the recreation
fees generated by such site in a given year.
SEC. 8162. SENSE OF CONGRESS RELATING TO POST-DISASTER REPAIRS.
It is the sense of Congress that in scoping and funding post-disaster
repairs, the Secretary should, to the maximum extent practicable, repair
assets--
(1) to project design levels; or
(2) if the original project design is outdated, to a higher level
than the project design level.
Subtitle B--Studies and Reports
SEC. 8201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.
(a) New Projects.--The Secretary is authorized to conduct a feasibility
study for the following projects for water resources development and
conservation and other purposes, as identified in the reports titled ``Report to
Congress on Future Water Resources Development'' submitted to Congress pursuant
to section 7001 of the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2282d) or otherwise reviewed by Congress:
(1) Dudleyville, arizona.--Project for flood risk management,
Dudleyville, Arizona.
(2) Mcmicken dam, arizona.--Project for flood risk management,
McMicken Dam, Arizona.
(3) Conn creek dam, california.--Project for flood risk management,
Conn Creek Dam, California.
(4) City of huntington beach, california.--Project for hurricane and
storm damage risk reduction, including sea level rise, and shoreline
stabilization, City of Huntington Beach, California.
(5) Napa river, california.--Project for navigation, Federal Channel
of Napa River, California.
(6) Petaluma river wetlands, california.--Project for ecosystem
restoration, City of Petaluma, California.
(7) City of rialto, california.--Project for ecosystem restoration
and flood risk management, City of Rialto and vicinity, California.
(8) North richmond, california.--Project for hurricane and storm
damage risk reduction, including sea level rise, and ecosystem
restoration, North Richmond, California.
(9) Stratford, connecticut.--Project for hurricane and storm damage
risk reduction and flood risk management, Stratford, Connecticut.
(10) Thatchbed island, connecticut.--Project for flood risk
management and ecosystem restoration, Thatchbed Island, Essex,
Connecticut.
(11) Woodbridge, connecticut.--Project for flood risk management,
Woodbridge, Connecticut.
(12) Federal triangle area, washington, district of columbia.--
Project for flood risk management, Federal Triangle Area, Washington,
District of Columbia, including construction of improvements to interior
drainage.
(13) Potomac and anacostia rivers, washington, district of
columbia.--Project for recreational access, including enclosed swimming
areas, Potomac and Anacostia Rivers, District of Columbia.
(14) Washington metropolitan area, washington, district of columbia,
maryland, and virginia.--Project for water supply, including the
identification of a secondary water source and additional water storage
capability for the Washington Metropolitan Area, Washington, District of
Columbia, Maryland, and Virginia.
(15) Town of longboat key, florida.--Project for whole island
hurricane and storm damage risk reduction, Town of Longboat Key,
Florida.
(16) Lake runnymede, florida.--Project for ecosystem restoration,
Lake Runnymede, Florida.
(17) Tampa back bay, florida.--Project for flood risk management and
hurricane and storm damage risk reduction, including the use of natural
features and nature-based features for protection and recreation, Tampa
Back Bay, Florida.
(18) Port tampa bay and mckay bay, florida.--Project for hurricane
and storm damage risk reduction, Port Tampa Bay, Florida, including
McKay Bay.
(19) Lake tohopekaliga, florida.--Project for ecosystem restoration
and flood risk management, Lake Tohopekaliga, Florida.
(20) City of albany, georgia.--Project for flood risk management,
City of Albany, Georgia.
(21) City of east point, georgia.--Project for flood risk
management, City of East Point, Georgia.
(22) Cumberland island and sea island, georgia.--Project for
ecosystem restoration and coastal storm risk management, Cumberland
Island and Sea Island, Georgia.
(23) Flint river basin headwaters, clayton county, georgia.--Project
for flood risk management and ecosystem restoration, Flint River Basin
Headwaters, Clayton County, Georgia.
(24) County of hawai`i, hawaii.--Project for flood and coastal storm
risk management, County of Hawai`i, Hawaii.
(25) Maui, hawaii.--Project for coastal storm risk management,
County of Maui, Hawaii.
(26) Waikiki, hawaii.--Project for ecosystem restoration and
hurricane and storm damage risk reduction, Waikiki, Hawaii.
(27) Wailupe stream watershed, hawaii.--Project for flood risk
management, Wailupe Stream watershed, Hawaii.
(28) Columbus, kentucky.--Project for flood risk management,
including riverbank stabilization, Columbus, Kentucky.
(29) Cumberland river, kentucky.--Project for navigation, Cumberland
River, Kentucky.
(30) Jenkins, kentucky.--Project for flood risk management and water
supply, Jenkins, Kentucky.
(31) Kentucky river, kentucky.--Project for flood risk management on
the Kentucky River and its tributaries and watersheds in Breathitt,
Clay, Estill, Harlan, Lee, Leslie, Letcher, Owsley, Perry, and Wolfe
Counties, Kentucky.
(32) Newport, kentucky.--Project for ecosystem restoration, flood
risk management, and recreation, Newport, Kentucky.
(33) Ellicott city and howard county, maryland.--Project for flood
risk management, Ellicott City and Howard County, Maryland.
(34) Assawompset pond complex, massachusetts.--Project for ecosystem
restoration, flood risk management, and water supply, Assawompset Pond
Complex, Massachusetts.
(35) Charles river, massachusetts.--Project for flood risk
management and ecosystem restoration, Charles River, Massachusetts.
(36) Chelsea creek and mill creek, massachusetts.--Project for flood
risk management and ecosystem restoration, including bank stabilization,
City of Chelsea, Massachusetts.
(37) Connecticut river streambank erosion, massachusetts, vermont,
and new hampshire.--Project for streambank erosion, Connecticut River,
Massachusetts, Vermont, and New Hampshire.
(38) Deerfield river, massachusetts.--Project for flood risk
management and ecosystem restoration, Deerfield River, Massachusetts.
(39) Town of north attleborough, massachusetts.--Project for
ecosystem restoration and flood risk management, Ten Mile River, North
Attleborough, Massachusetts.
(40) Town of hull, massachusetts.--Project for flood risk management
and hurricane and storm damage risk reduction, Hull, Massachusetts.
(41) City of revere, massachusetts.--Project for flood risk
management and marsh ecosystem restoration, City of Revere,
Massachusetts.
(42) Lower east side, detroit, michigan.--Project for flood risk
management, Lower East Side, Detroit, Michigan.
(43) Elijah root dam, michigan.--Project for dam removal, by
carrying out a disposition study under section 216 of the Flood Control
Act of 1970 (33 U.S.C. 549a), Elijah Root Dam, Michigan.
(44) Grosse pointe shores and grosse pointe farms, michigan.--
Project for ecosystem restoration and flood risk management, Grosse
Pointe Shores and Grosse Pointe Farms, Michigan.
(45) Southeast michigan, michigan.--Project for flood risk
management, Southeast Michigan.
(46) Tittabawassee river, chippewa river, pine river, and tobacco
river, michigan.--Project for flood risk management and ecosystem
restoration, Tittabawassee River, Chippewa River, Pine River, and
Tobacco River, Michigan.
(47) Southwest mississippi, mississippi.--Project for ecosystem
restoration and flood risk management, Wilkinson, Adams, Warren,
Claiborne, Franklin, Amite, and Jefferson Counties, Mississippi.
(48) Bellevue, nebraska.--Project for flood risk management,
Bellevue, Nebraska, including the placement of a pump station near
Offutt Ditch.
(49) Papillion creek, nebraska.--Project for flood risk management,
including levee improvement, Papillion Creek, Nebraska.
(50) Sarpy county, nebraska.--Project for flood risk management,
Sarpy County, Nebraska.
(51) Camden and gloucester county, new jersey.--Project for tidal
and riverine flood risk management, Camden and Gloucester Counties, New
Jersey.
(52) Edgewater, new jersey.--Project for flood risk management,
Edgewater, New Jersey.
(53) Maurice river, new jersey.--Project for navigation and for
beneficial use of dredged materials for hurricane and storm damage risk
reduction and ecosystem restoration, Maurice River, New Jersey.
(54) Northern new jersey inland flooding, new jersey.--Project for
inland flood risk management in Hudson, Essex, Union, Bergen, Hunterdon,
Morris, Somerset, Warren, Passaic, and Sussex Counties, New Jersey.
(55) Riser ditch, new jersey.--Project for flood risk management,
including channel improvements, and other related water resource needs
related to Riser Ditch in the communities of South Hackensack, Hasbrouck
Heights, Little Ferry, Teterboro, and Moonachie, New Jersey.
(56) Rockaway river, new jersey.--Project for flood risk management
and ecosystem restoration, including bank stabilization, Rockaway River,
New Jersey.
(57) Tenakill brook, new jersey.--Project for flood risk management,
Tenakill Brook, New Jersey.
(58) Verona, cedar grove, and west caldwell, new jersey.--Project
for flood risk management along the Peckman River Basin in the townships
of Verona (and surrounding area), Cedar Grove, and West Caldwell, New
Jersey.
(59) Whippany river watershed, new jersey.--Project for flood risk
management, Morris County, New Jersey.
(60) Lake farmington dam, new mexico.--Project for water supply,
Lake Farmington Dam, New Mexico.
(61) Mcclure dam, new mexico.--Project for dam safety improvements
and flood risk management, McClure Dam, City of Santa Fe, New Mexico.
(62) Blind brook, new york.--Project for flood risk management,
coastal storm risk management, navigation, ecosystem restoration, and
water supply, Blind Brook, New York.
(63) Brooklyn navy yard, new york.--Project for flood risk
management and hurricane and storm damage risk reduction, Brooklyn Navy
Yard, New York.
(64) Connetquot river and green creek, new york.--Project for
navigation, Connetquot River and Green Creek, Suffolk County, New York.
(65) Hutchinson river, new york.--Project for flood risk management
and ecosystem restoration, Hutchinson River, New York.
(66) Mohawk river basin, new york.--Project for flood risk
management, navigation, and environmental restoration, Mohawk River
Basin, New York.
(67) Newtown creek, new york.--Project for ecosystem restoration,
Newtown Creek, New York.
(68) John j. burns park, oyster bay, new york.--Project for flood
risk management and hurricane and storm risk reduction, Oyster Bay, New
York, in the vicinity of John J. Burns Park, Massapequa, New York,
including the replacement and reconstruction of the existing bulkhead
system.
(69) Joseph j. saladino memorial marina, oyster bay, new york.--
Project for flood risk management and hurricane and storm risk
reduction, Oyster Bay, New York, in the vicinity of the Joseph J.
Saladino Memorial Marina, Massapequa, New York, including the
replacement and reconstruction of the existing bulkhead system.
(70) Saw mill river, new york.--Project for flood risk management
and ecosystem restoration to address areas in the City of Yonkers and
the Village of Hastings-on-Hudson within the 100-year flood zone, Saw
Mill River, New York.
(71) South shore of long island, new york.--Project for flood and
coastal storm risk management, navigation, and ecosystem restoration,
South Shore of Long Island, New York.
(72) Upper east river and flushing bay, new york.--Project for
ecosystem restoration, Upper East River and Flushing Bay, New York.
(73) Cape fear river basin, north carolina.--Project for flood and
coastal storm risk management, Cape Fear River Basin, North Carolina.
(74) Oregon inlet, north carolina.--Project for navigation, Oregon
Inlet, North Carolina.
(75) Mineral ridge dam, ohio.--Project for dam safety improvements
and rehabilitation, Mineral Ridge Dam, Ohio.
(76) Mill creek levee and walla walla river, oregon.--Project for
ecosystem restoration, Mill Creek Levee and Walla Walla River, Oregon.
(77) Brodhead creek watershed, pennsylvania.--Project for ecosystem
restoration and flood risk management, Brodhead Creek Watershed,
Pennsylvania.
(78) Chartiers creek watershed, pennsylvania.--Project for flood
risk management, Chartiers Creek Watershed, Pennsylvania.
(79) Coplay creek, pennsylvania.--Project for flood risk management,
Coplay Creek, Pennsylvania.
(80) Berkeley county, south carolina.--Project for ecosystem
restoration and flood risk management, Berkeley County, South Carolina.
(81) Big sioux river, south dakota.--Project for flood risk
management, City of Watertown and vicinity, South Dakota.
(82) El paso county, texas.--Project for flood risk management for
economically disadvantaged communities, as defined by the Secretary
under section 160 of the Water Resources Development Act of 2020 (33
U.S.C. 2201 note), along the United States-Mexico border, El Paso
County, Texas.
(83) Gulf intracoastal waterway-channel to palacios, texas.--Project
for navigation, Gulf Intracoastal Waterway-Channel to Palacios, Texas.
(84) Hidalgo and cameron counties, texas.--Project for flood risk
management and ecosystem restoration, the Resacas, Hidalgo and Cameron
Counties, Texas.
(85) Sikes lake, texas.--Project for ecosystem restoration and flood
risk management, Sikes Lake, Texas.
(86) Southwest border region, texas.--Project for flood risk
management for economically disadvantaged communities, as defined by the
Secretary under section 160 of the Water Resources Development Act of
2020 (33 U.S.C. 2201 note), along the United States-Mexico border in
Webb, Zapata, and Starr Counties, Texas.
(87) Lower clear creek and dickinson bayou, texas.--Project for
flood risk management, Lower Clear Creek and Dickinson Bayou, Texas.
(88) Great salt lake, utah.--Project for ecosystem restoration and
water supply, Great Salt Lake, Utah.
(89) Cedar island, virginia.--Project for ecosystem restoration,
hurricane and storm damage risk reduction, and navigation, Cedar Island,
Virginia.
(90) Ballinger creek, washington.--Project for ecosystem
restoration, City of Shoreline, Washington.
(91) City of north bend, washington.--Project for water supply, City
of North Bend, Washington.
(92) Taneum creek, washington.--Project for ecosystem restoration,
Taneum Creek, Washington.
(93) City of huntington, west virginia.--Project for flood risk
management, Huntington, West Virginia.
(94) Fox-wolf basin, wisconsin.--Project for flood risk management
and water supply, Fox-Wolf Basin, Wisconsin.
(b) Project Modifications.--The Secretary is authorized to conduct a
feasibility study for the following project modifications:
(1) Craighead, poinsett, and cross counties, arkansas.--
Modifications to the project for flood protection and major drainage
improvement in the Saint Francis River Basin, Missouri and Arkansas,
authorized by section 204 of the Flood Control Act of 1950 (64 Stat.
172), to provide flood risk management for the tributaries and drainage
of Straight Slough, Craighead, Poinsett, and Cross Counties, Arkansas.
(2) Shingle creek and kissimmee river, florida.--Modifications to
the project for ecosystem restoration and water storage, Shingle Creek
and Kissimmee River, Florida, authorized by section 201(a)(5) of the
Water Resources Development Act of 2020 (134 Stat. 2670), for flood risk
management.
(3) Jacksonville harbor, florida.--Modifications to the project for
navigation, Jacksonville Harbor, Florida, authorized by section 7002 of
the Water Resources Reform and Development Act of 2014 (128 Stat. 1364),
for outer channel improvements.
(4) Savannah harbor, georgia.--Modifications to the project for
navigation, Savannah Harbor Expansion Project, Georgia, authorized by
section 7002(1) of the Water Resources Reform and Development Act of
2014 (128 Stat. 1364; 132 Stat. 3839), without evaluation of additional
deepening.
(5) Honolulu harbor, hawaii.--Modifications to the project for
navigation, Honolulu Harbor, Hawaii, for navigation improvements and
coastal storm risk management, authorized by the first section of the
Act of March 3, 1905 (chapter 1482, 33 Stat. 1146).
(6) Cedar river, cedar rapids, iowa.--Modifications to the project
for flood risk management, Cedar River, Cedar Rapids, Iowa, authorized
by section 7002(2) of the Water Resources Reform and Development Act of
2014 (128 Stat. 1366), consistent with the City of Cedar Rapids, Iowa,
Cedar River Flood Control System Master Plan.
(7) South haven harbor, michigan.--Modifications to the project for
navigation, South Haven Harbor, Michigan, for turning basin
improvements, authorized by the first section of the Act of August 11,
1888 (chapter 860, 25 Stat. 406).
(8) Salem river, salem county, new jersey.--Modifications to the
project for navigation, Salem River, Salem County, New Jersey,
authorized by section 1 of the Act of March 2, 1907 (chapter 2509, 34
Stat. 1080), to increase the authorized depth.
(9) Port of ogdensburg, new york.--Modifications to the project for
navigation, Port of Ogdensburg, New York, including deepening,
authorized by the first section of the Act of June 25, 1910 (chapter
382, 36 Stat. 635).
(10) Rollinson channel and hatteras inlet to hatteras, north
carolina.--Modifications to the project for navigation, Rollinson
Channel and channel from Hatteras Inlet to Hatteras, North Carolina,
authorized by section 101 of the River and Harbor Act of 1962 (76 Stat.
1174), to incorporate the ocean bar.
(11) Hiram m. chittenden locks, lake washington ship canal,
washington.--Modifications to the Hiram M. Chittenden Locks (also known
as Ballard Locks), Lake Washington Ship Canal, Washington, authorized by
the Act of June 25, 1910 (chapter 382, 36 Stat. 666), for the
construction of fish ladder improvements, including efforts to address
elevated temperature and low dissolved oxygen levels in the Canal.
(12) Huntington, west virginia.--Modifications to the Huntington
Local Protection Project, Huntington, West Virginia.
(c) Special Rules.--
(1) Wailupe stream watershed, hawaii.--The study authorized by
subsection (a)(27) shall be considered a resumption and a continuation
of the general reevaluation initiated on December 30, 2003, pursuant to
section 209 of the Flood Control Act (76 Stat. 1197).
(2) Bellevue and papillion creek, nebraska.--The studies authorized
by paragraphs (48) and (49) of subsection (a) shall be considered a
continuation of the study that resulted in the Chief's Report for the
project for Papillion Creek and Tributaries Lakes, Nebraska, signed
January 24, 2022.
(3) South shore of long island, new york.--In carrying out the study
authorized by subsection (a)(71), the Secretary shall study the South
Shore of Long Island, New York, as a whole system, including inlets that
are Federal channels.
(4) Project modifications.--Each study authorized by subsection (b)
shall be considered a new phase investigation and afforded the same
treatment as a general reevaluation.
SEC. 8202. EXPEDITED COMPLETION.
(a) Feasibility Studies.--The Secretary shall expedite the completion of a
feasibility study for each of the following projects, and if the Secretary
determines that the project is justified in a completed report, may proceed
directly to preconstruction planning, engineering, and design of the project:
(1) Modifications to the project for navigation, Auke Bay, Alaska.
(2) Project for flood risk management, Cave Buttes Dam, Arizona.
(3) Project for navigation, Branford Harbor and Stony Creek Channel,
Connecticut.
(4) Project for flood risk management, East Hartford Levee System,
Connecticut.
(5) Project for navigation, Guilford Harbor and Sluice Channel,
Connecticut.
(6) Project for ecosystem restoration, Lake Okeechobee, Florida.
(7) Project for ecosystem restoration, Western Everglades, Florida.
(8) Modifications to the project for navigation, Hilo Harbor,
Hawaii.
(9) Project for ecosystem restoration, Fox River, Illinois, included
in the comprehensive plan under section 519 of the Water Resources
Development Act of 2000 (114 Stat. 2653).
(10) Project for ecosystem restoration, recreation, and other
purposes, Illinois River, Chicago River, Calumet River, Grand Calumet
River, Little Calumet River, and other waterways in the vicinity of
Chicago, Illinois, authorized by section 201(a)(7) of the Water
Resources Development Act of 2020 (134 Stat. 2670).
(11) Project for hurricane and storm damage risk reduction, Chicago
Shoreline, Illinois, authorized by section 101(a)(12) of the Water
Resources Development Act of 1996 (110 Stat. 3664; 128 Stat. 1372).
(12) Project for coastal storm risk management, St. Tammany Parish,
Louisiana.
(13) Modifications to the project for navigation, Baltimore Harbor
and Channels-Seagirt Loop Deepening, Maryland, including to a depth of
50 feet.
(14) Project for flood and coastal storm risk management and
ecosystem restoration, Boston North Shore, Revere, Saugus, Lynn, Malden,
and Everett, Massachusetts.
(15) Project for flood and coastal storm risk management, Chelsea,
Massachusetts, authorized by a study resolution of the Committee on
Public Works of the Senate dated September 12, 1969.
(16) Project for ecosystem restoration, Herring River Estuary,
Barnstable County, Massachusetts, authorized by a resolution of the
Committee on Transportation and Infrastructure of the House of
Representatives, approved July 23, 1997.
(17) Modifications to the project for flood risk management, North
Adams, Massachusetts, authorized by section 5 of the Act of June 22,
1936 (chapter 688, 49 Stat. 1572; 55 Stat. 639), for flood risk
management and ecosystem restoration.
(18) Project for coastal storm risk management, ecosystem
restoration, and navigation, Nauset Barrier Beach and inlet system,
Chatham, Massachusetts, authorized by a study resolution of the
Committee on Public Works of the Senate dated September 12, 1969.
(19) Project for flood risk management, DeSoto County, Mississippi.
(20) Project for flood risk management, Rahway, New Jersey,
authorized by section 336 of the Water Resources Development Act of 2020
(134 Stat. 2712).
(21) Project for coastal storm risk management, Raritan Bay and
Sandy Hook Bay, New Jersey.
(22) Project for coastal storm risk management, Sea Bright to
Manasquan, New Jersey.
(23) Project for flood risk management, Rio Grande de Loiza, Puerto
Rico.
(24) Project for flood risk management, Rio Nigua, Salinas, Puerto
Rico.
(25) Project for flood risk management, Kanawha River Basin, West
Virginia, Virginia, and North Carolina.
(b) Post-Authorization Change Reports.--The Secretary shall expedite
completion of a post-authorization change report for the following projects:
(1) Project for ecosystem restoration, Tres Rios, Arizona,
authorized by section 101(b)(4) of the Water Resources Development Act
of 2000 (114 Stat. 2577).
(2) Project for coastal storm risk management, Surf City and North
Topsail Beach, North Carolina, authorized by section 7002(3) of the
Water Resources Reform and Development Act of 2014 (128 Stat. 1367).
(c) Watershed and River Basin Assessments.--
(1) Great lakes coastal resiliency study.--The Secretary shall
expedite the completion of the comprehensive assessment of water
resources needs for the Great Lakes System under section 729 of the
Water Resources Development Act of 1986 (33 U.S.C. 2267a), as required
by section 1219 of the Water Resources Development Act of 2018 (132
Stat. 3811; 134 Stat. 2683).
(2) County of hawai`i, hawaii.--The Secretary shall expedite the
completion of a watershed assessment for the County of Hawai`i, Hawaii,
under section 729 of the Water Resources Development Act of 1986 (33
U.S.C. 2267a).
(d) Maintenance of Navigation Channels.--The Secretary shall expedite the
completion of a determination of the feasibility of improvements proposed by the
non-Federal interest under section 204(f)(1)(A)(i) of the Water Resources
Development Act of 1986 (33 U.S.C. 2232(f)(1)(A)(i)), for the deepening and
widening of the navigation project for Coos Bay, Oregon, authorized by the Act
of March 3, 1879 (chapter 181, 20 Stat. 370).
SEC. 8203. EXPEDITED MODIFICATIONS OF EXISTING FEASIBILITY STUDIES.
The Secretary shall expedite the completion of the following feasibility
studies, as modified by this section, and if the Secretary determines that a
project that is the subject of the feasibility study is justified in the
completed report, may proceed directly to preconstruction planning, engineering,
and design of the project:
(1) Mare island strait, california.--The study for navigation, Mare
Island Strait channel, authorized by section 406 of the Water Resources
Development Act of 1999 (113 Stat. 323), is modified to authorize the
Secretary to consider the economic and national security benefits from
recent proposals for utilization of the channel for Department of
Defense shipbuilding and vessel repair.
(2) Lake pontchartrain and vicinity, louisiana.--The study for flood
risk management and hurricane and storm damage risk reduction, Lake
Pontchartrain and Vicinity, Louisiana, authorized by section 204 of the
Flood Control Act of 1965 (79 Stat. 1077), is modified to authorize the
Secretary to investigate increasing the scope of the project to provide
protection against a 200-year storm event.
(3) Blackstone river valley, rhode island and massachusetts.--
(A) In general.--The study for ecosystem restoration,
Blackstone River Valley, Rhode Island and Massachusetts,
authorized by section 569 of the Water Resources Development Act
of 1996 (110 Stat. 3788), is modified to authorize the Secretary
to conduct a study for water supply, water flow, and wetland
restoration and protection within the scope of the study.
(B) Incorporation of existing data.--In carrying out the
study described in subparagraph (A), the Secretary shall use, to
the extent practicable, any existing data for the project
prepared under the authority of section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330).
(4) Lower saddle river, new jersey.--The study for flood control,
Lower Saddle River, New Jersey, authorized by section 401(a) of the
Water Resources Development Act of 1986 (100 Stat. 4119), is modified to
authorize the Secretary to review the previously authorized study and
take into consideration changes in hydraulic and hydrologic
circumstances and local economic development since the study was
initially authorized.
(5) Trinity river and tributaries, texas.--The study for navigation,
Liberty, Texas, authorized by section 1201(7) of the Water Resources
Development Act of 2018 (132 Stat. 3802), is modified to authorize the
Secretary to include in the study flood risk management and ecosystem
restoration.
SEC. 8204. CORPS OF ENGINEERS RESERVOIR SEDIMENTATION ASSESSMENT.
(a) In General.--The Secretary, at Federal expense, shall conduct an
assessment of sediment in reservoirs owned and operated by the Secretary.
(b) Contents.--For each reservoir for which the Secretary carries out an
assessment under subsection (a), the Secretary shall include in the assessment--
(1) an estimation of the volume of sediment in the reservoir;
(2) an evaluation of the effects of such sediment on reservoir
storage capacity, including a quantification of lost reservoir storage
capacity due to the sediment and an evaluation of how such lost
reservoir storage capacity affects the allocated storage space for
authorized purposes within the reservoir (including, where applicable,
allocations for dead storage, inactive storage, active conservation,
joint use, and flood surcharge);
(3) the identification of any additional effects of sediment on the
operations of the reservoir or the ability of the reservoir to meet its
authorized purposes;
(4) the identification of any potential effects of the sediment over
the 10-year period beginning on the date of enactment of this Act on the
areas immediately upstream and downstream of the reservoir;
(5) the identification of any existing sediment monitoring and
management plans associated with the reservoir;
(6) for any reservoir that does not have a sediment monitoring and
management plan--
(A) an identification of whether a sediment management plan
for the reservoir is under development; or
(B) an assessment of whether a sediment management plan for
the reservoir would be useful in the long-term operation and
maintenance of the reservoir for its authorized purposes; and
(7) any opportunities for beneficial use of the sediment in the
vicinity of the reservoir.
(c) Report to Congress; Public Availability.--Not later than 2 years after
the date of enactment of this Act, the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate, and make publicly
available (including on a publicly available website), a report describing the
results of the assessment carried out under subsection (a).
(d) Authorization of Appropriations.--There is authorized to be appropriated
to carry out this section $10,000,000, to remain available until expended.
SEC. 8205. REPORT AND RECOMMENDATIONS ON DREDGE CAPACITY.
(a) In General.--Not later than 2 years after the date of enactment of this
Act, the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Environment
and Public Works of the Senate, and make publicly available (including on a
publicly available website), a report that includes--
(1) a quantification of the expected hopper and pipeline dredging
needs of authorized water resources development projects for the 10
years after the date of enactment of this Act, including--
(A) the dredging needs to--
(i) construct deepenings or widenings at authorized
but not constructed projects and the associated
operations and maintenance needs of such projects; and
(ii) operate and maintain existing Federal
navigation channels;
(B) the amount of dredging to be carried out by the Corps of
Engineers for other Federal agencies;
(C) the dredging needs associated with authorized hurricane
and storm damage risk reduction projects (including periodic
renourishment); and
(D) the dredging needs associated with projects for the
beneficial use of dredged material authorized by section 1122 of
the Water Resources Development Act of 2016 (33 U.S.C. 2326
note);
(2) an identification of the Federal appropriations for dredging
projects and expenditures from the Harbor Maintenance Trust Fund for
fiscal year 2015 and each fiscal year thereafter;
(3) an identification of the dredging capacity of the domestic
hopper and pipeline dredge fleet, including publicly owned and privately
owned vessels, in each of the 10 years preceding the date of enactment
of this Act;
(4) an analysis of the ability of the domestic hopper and pipeline
dredge fleet to meet the expected dredging needs identified under
paragraph (1), including an analysis of such ability in each of--
(A) the east coast region;
(B) the west coast region, including the States of Alaska
and Hawaii;
(C) the gulf coast region; and
(D) the Great Lakes region;
(5) an identification of the dredging capacity of domestic hopper
and pipeline dredge vessels that are under contract for construction and
intended to be used at water resources development projects;
(6) an identification of any hopper or pipeline dredge vessel
expected to be retired or become unavailable during the 10-year period
beginning on the date of enactment of this section;
(7) an identification of the potential costs of using either public
or private dredging to carry out authorized water resources development
projects; and
(8) any recommendations of the Secretary for adding additional
domestic hopper and pipeline dredging capacity, including adding public
and private dredging vessels to the domestic hopper and pipeline dredge
fleet to efficiently service water resources development projects.
(b) Opportunity for Participation.--In carrying out subsection (a), the
Secretary shall provide interested stakeholders, including representatives from
the commercial dredging industry, with an opportunity to submit comments to the
Secretary.
(c) Sense of Congress.--It is the sense of Congress that the Corps of
Engineers should add additional dredging capacity if the addition of such
capacity would--
(1) enable the Corps of Engineers to carry out water resources
development projects in an efficient and cost-effective manner; and
(2) be in the best interests of the United States.
SEC. 8206. ASSESSMENT OF IMPACTS FROM CHANGING OPERATION AND MAINTENANCE
RESPONSIBILITIES.
(a) In General.--The Secretary shall carry out an assessment of the
consequences of amending section 101(b) of the Water Resources Development Act
of 1986 (33 U.S.C. 2211(b)) to authorize the operation and maintenance of
navigation projects for a harbor or inland harbor constructed by the Secretary
at 100-percent Federal cost to a depth of 55 feet.
(b) Contents.--In carrying out the assessment under subsection (a), the
Secretary shall--
(1) describe all existing Federal navigation projects that are
authorized or constructed to a depth of 55 feet or greater;
(2) describe any Federal navigation project that is likely to seek
authorization or modification to a depth of 55 feet or greater during
the 10-year period beginning on the date of enactment of this section;
(3) estimate--
(A) the potential annual increase in Federal costs that
would result from authorizing operation and maintenance of a
navigation project to a depth of 55 feet at Federal expense; and
(B) the potential cumulative increase in such Federal costs
during the 10-year period beginning on the date of enactment of
this section; and
(4) assess the potential effect of authorizing operation and
maintenance of a navigation project to a depth of 55 feet at Federal
expense on other Federal navigation operation and maintenance
activities, including the potential impact on activities at donor ports,
energy transfer ports, emerging harbor projects, and projects carried
out in the Great Lakes Navigation System, as such terms are defined in
section 102(a)(2) of the Water Resources Development Act of 2020 (33
U.S.C. 2238 note).
(c) Report.--Not later than 18 months after the date of enactment of this
section, the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Environment
and Public Works of the Senate, and make publicly available (including on a
publicly available website), a report describing the results of the assessment
carried out under subsection (a).
SEC. 8207. MAINTENANCE DREDGING DATA.
Section 1133(b)(3) of the Water Resources Development Act of 2016 (33 U.S.C.
2326f(b)(3)) is amended by inserting ``, including a separate line item for all
Federal costs associated with the disposal of dredged material'' before the
semicolon.
SEC. 8208. WESTERN INFRASTRUCTURE STUDY.
(a) Comprehensive Study.--The Secretary shall conduct a comprehensive study
to evaluate the effectiveness of carrying out additional measures, including
measures that use natural features or nature-based features, at or upstream of
covered reservoirs, for the purposes of--
(1) sustaining operations in response to changing hydrological and
climatic conditions;
(2) mitigating the risk of drought or floods, including the loss of
storage capacity due to sediment accumulation;
(3) increasing water supply; or
(4) aquatic ecosystem restoration.
(b) Study Focus.--In conducting the study under subsection (a), the
Secretary shall include all covered reservoirs located in the South Pacific
Division of the Corps of Engineers.
(c) Consultation and Use of Existing Data.--
(1) Consultation.--In conducting the study under subsection (a), the
Secretary shall consult with applicable--
(A) Federal, State, and local agencies;
(B) Indian Tribes;
(C) non-Federal interests; and
(D) stakeholders, as determined appropriate by the
Secretary.
(2) Use of existing data and prior studies.--In conducting the study
under subsection (a), the Secretary shall, to the maximum extent
practicable and where appropriate--
(A) use existing data provided to the Secretary by entities
described in paragraph (1); and
(B) incorporate--
(i) relevant information from prior studies and
projects carried out by the Secretary; and
(ii) the relevant technical data and scientific
approaches with respect to changing hydrological and
climatic conditions.
(d) Report.--Not later than 3 years after the date of enactment of this Act,
the Secretary shall submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Environment and Public
Works of the Senate a report that describes--
(1) the results of the study; and
(2) any recommendations for additional study in specific geographic
areas.
(e) Savings Provision.--Nothing in this section provides authority to the
Secretary to change the authorized purposes of any covered reservoir.
(f) Definitions.--In this section:
(1) Covered reservoir.--The term ``covered reservoir'' means a
reservoir owned and operated by the Secretary or for which the Secretary
has flood control responsibilities under section 7 of the Act of
December 22, 1944 (33 U.S.C. 709).
(2) Natural feature and nature-based feature.--The terms ``natural
feature'' and ``nature-based feature'' have the meanings given such
terms in section 1184(a) of the Water Resources Development Act of 2016
(33 U.S.C. 2289a(a)).
SEC. 8209. RECREATION AND ECONOMIC DEVELOPMENT AT CORPS FACILITIES IN
APPALACHIA.
(a) In General.--Not later than 1 year after the date of enactment of this
Act, the Secretary shall prepare and submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a plan to implement the
recreational and economic development opportunities identified by the Secretary
in the report submitted under section 206 of the Water Resources Development Act
of 2020 (134 Stat. 2680) at Corps of Engineers facilities located within a
distressed county or an at-risk county (as described in subsection (a)(1) of
such section) in Appalachia.
(b) Considerations.--In accordance with existing guidance, in preparing the
plan under subsection (a), the Secretary shall consider options for Federal
funding, partnerships, and outgrants to Federal, State, and local governments,
nonprofit organizations, and commercial businesses.
SEC. 8210. OUACHITA RIVER WATERSHED, ARKANSAS AND LOUISIANA.
The Secretary shall conduct a review of projects in the Ouachita River
watershed, Arkansas and Louisiana, under section 216 of the Flood Control Act of
1970 (33 U.S.C. 549a).
SEC. 8211. REPORT ON SANTA BARBARA STREAMS, LOWER MISSION CREEK, CALIFORNIA.
Not later than 1 year after the date of enactment of this section, the
Secretary shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment and Public Works
of the Senate, and make publicly available (including on a publicly available
website), a report that provides an updated economic review of the remaining
portions of the project for flood damage reduction, Santa Barbara streams, Lower
Mission Creek, California, authorized by section 101(b) of the Water Resources
Development Act of 2000 (114 Stat. 2577), taking into consideration work already
completed by the non-Federal interest.
SEC. 8212. DISPOSITION STUDY ON SALINAS DAM AND RESERVOIR, CALIFORNIA.
In carrying out the disposition study for the project for Salinas Dam (Santa
Margarita Lake), California, pursuant to section 202(d) of the Water Resources
Development Act of 2020 (134 Stat. 2675), the Secretary shall--
(1) ensure that the County of San Luis Obispo is provided right of
first refusal for any potential conveyance of the project; and
(2) ensure that the study identifies and describes any potential
repairs or modifications to the project necessary to meet Federal and
State dam safety requirements prior to transferring the project.
SEC. 8213. EXCESS LANDS REPORT FOR WHITTIER NARROWS DAM, CALIFORNIA.
(a) In General.--Not later than 1 year after the date of enactment of this
section, the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Environment
and Public Works of the Senate a report that identifies any real property
associated with the Whittier Narrows Dam element of the Los Angeles County
Drainage Area project that the Secretary determines--
(1) is not needed to carry out the authorized purposes of the
Whittier Narrows Dam element of such project; and
(2) could be transferred to the City of Pico Rivera, California, for
the replacement of recreational facilities located in such city that
were adversely impacted by dam safety construction activities associated
with the Whittier Narrows Dam element of such project.
(b) Los Angeles County Drainage Area Project Defined.--In this section, the
term ``Los Angeles County Drainage Area project'' means the project for flood
control, Los Angeles County Drainage Area, California, authorized by section
101(b) of the Water Resources Development Act of 1990 (104 Stat. 4611; 130 Stat.
1690).
SEC. 8214. COMPREHENSIVE CENTRAL AND SOUTHERN FLORIDA STUDY.
(a) In General.--The Secretary is authorized to carry out a feasibility
study for resiliency and comprehensive improvements or modifications to existing
water resources development projects in the central and southern Florida area,
for the purposes of flood risk management, water supply, ecosystem restoration
(including preventing saltwater intrusion), recreation, and related purposes.
(b) Requirements.--In carrying out the feasibility study under subsection
(a), the Secretary--
(1) is authorized to--
(A) review the report of the Chief of Engineers on central
and southern Florida, published as House Document 643, 80th
Congress, 2d Session, and other related reports of the
Secretary; and
(B) recommend cost-effective structural and nonstructural
projects for implementation that provide a systemwide approach
for the purposes described in subsection (a); and
(2) shall ensure the study and any projects recommended under
paragraph (1)(B) will not interfere with the efforts undertaken to carry
out the Comprehensive Everglades Restoration Plan pursuant to section
601 of the Water Resources Development Act of 2000 (114 Stat. 2680; 132
Stat. 3786).
SEC. 8215. NORTHERN ESTUARIES ECOSYSTEM RESTORATION, FLORIDA.
(a) Definitions.--In this section:
(1) Central and southern florida project.--The term ``Central and
Southern Florida Project'' has the meaning given that term in section
601 of the Water Resources Development Act of 2000.
(2) Northern estuaries.--The term ``northern estuaries'' means the
Caloosahatchee Estuary, Charlotte Harbor, Indian River Lagoon, Lake
Worth Lagoon, and St. Lucie River Estuary.
(3) South florida ecosystem.--
(A) In general.--The term ``South Florida ecosystem'' means
the area consisting of the land and water within the boundary of
the South Florida Water Management District in effect on July 1,
1999.
(B) Inclusions.--The term ``South Florida ecosystem''
includes--
(i) the Everglades;
(ii) the Florida Keys;
(iii) the contiguous near-shore coastal water of
South Florida; and
(iv) Florida's Coral Reef.
(4) Study area.--The term ``study area'' means all lands and waters
within--
(A) the northern estuaries;
(B) the South Florida ecosystem; and
(C) the study area boundaries of the Indian River Lagoon
National Estuary Program and the Coastal and Heartland Estuary
Partnership, authorized pursuant to section 320 of the Federal
Water Pollution Control Act (33 U.S.C. 1330).
(b) Proposed Comprehensive Plan.--
(1) Development.--The Secretary shall develop, in cooperation with
the non-Federal sponsors of the Central and Southern Florida project and
any relevant Federal, State, and Tribal agencies, a proposed
comprehensive plan for the purpose of restoring, preserving, and
protecting the northern estuaries.
(2) Inclusions.--In carrying out paragraph (1), the Secretary shall
develop a proposed comprehensive plan that provides for ecosystem
restoration within the northern estuaries, including the elimination of
harmful discharges from Lake Okeechobee.
(3) Submission.--Not later than 3 years after the date of enactment
of this Act, the Secretary shall submit to Congress for approval--
(A) the proposed comprehensive plan developed under this
subsection; and
(B) recommendations for future feasibility studies within
the study area for the ecosystem restoration of the northern
estuaries.
(4) Interim reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter until the submission of
the proposed comprehensive plan under paragraph (3), the Secretary shall
submit to Congress an interim report on the development of the proposed
comprehensive plan.
(5) Additional studies and analyses.--Notwithstanding the submission
of the proposed comprehensive plan under paragraph (3), the Secretary
shall continue to conduct such studies and analyses after the date of
such submission as are necessary for the purpose of restoring,
preserving, and protecting the northern estuaries.
(c) Limitation.--Nothing in this section shall be construed to require the
alteration or amendment of the schedule for completion of the Comprehensive
Everglades Restoration Plan.
SEC. 8216. STUDY ON SHELLFISH HABITAT AND SEAGRASS, FLORIDA CENTRAL GULF COAST.
(a) In General.--Not later than 24 months after the date of enactment of
this Act, the Secretary shall carry out a study, and submit to the Committee on
Transportation and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a report, on projects
and activities carried out through the Engineer Research and Development Center
to restore shellfish habitat and seagrass in coastal estuaries in the Florida
Central Gulf Coast.
(b) Requirements.--In conducting the study under subsection (a), the
Secretary shall--
(1) consult with independent expert scientists and other regional
stakeholders with relevant expertise and experience; and
(2) coordinate with Federal, State, and local agencies providing
oversight for both short- and long-term monitoring of the projects and
activities described in subsection (a).
(c) Authorization of Appropriations.--There is authorized to be appropriated
to carry out this section $2,000,000, to remain available until expended.
SEC. 8217. REPORT ON SOUTH FLORIDA ECOSYSTEM RESTORATION PLAN IMPLEMENTATION.
(a) Report.--Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Environment
and Public Works of the Senate a report that provides an update on--
(1) Comprehensive Everglades Restoration Plan projects, as
authorized by or pursuant to section 601 of the Water Resources
Development Act of 2000 (114 Stat. 2680; 121 U.S.C. 1269; 132 U.S.C.
3786);
(2) the review of the Lake Okeechobee Regulation Schedule pursuant
to section 1106 of the Water Resources Development Act of 2018 (132
Stat. 3773) and section 210 of the Water Resources Development Act of
2020 (134 U.S.C. 2682); and
(3) any additional water resources development projects and studies
included in the South Florida Ecosystem Restoration Plan Integrated
Delivery Schedule prepared in accordance with part 385 of title 33, Code
of Federal Regulations.
(b) Contents.--The Secretary shall include in the report submitted under
subsection (a) the status of each authorized water resources development project
or study described in such subsection, including--
(1) an estimated implementation or completion date of the project or
study; and
(2) the estimated costs to complete implementation or construction,
as applicable, of the project or study.
SEC. 8218. GREAT LAKES RECREATIONAL BOATING.
Notwithstanding subsection (f) of section 455 of the Water Resources
Development Act of 1999 (42 U.S.C. 1962d-21), not later than 1 year after the
date of enactment of this Act, the Secretary shall prepare, at Federal expense,
and submit to the Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report updating the findings of the report on the economic
benefits of recreational boating in the Great Lakes basin prepared under
subsection (c) of such section.
SEC. 8219. HYDRAULIC EVALUATION OF UPPER MISSISSIPPI RIVER AND ILLINOIS RIVER.
(a) Study.--The Secretary, in coordination with relevant Federal agencies,
shall, at Federal expense, periodically carry out a study to--
(1) evaluate the flow frequency probabilities of the Upper
Mississippi River and the Illinois River; and
(2) develop updated water surface profiles for such rivers.
(b) Area of Evaluation.--In carrying out subsection (a), the Secretary shall
conduct analysis along the mainstem of the Mississippi River from upstream of
the Minnesota River confluence near Anoka, Minnesota, to just upstream of the
Ohio River confluence near Cairo, Illinois, and along the Illinois River from
Dresden Island Lock and Dam to the confluence with the Mississippi River, near
Grafton, Illinois.
(c) Reports.--Not later than 5 years after the date of enactment of this
Act, and not less frequently than every 20 years thereafter, the Secretary shall
submit to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of the Senate
a report containing the results of a study carried out under subsection (a).
(d) Public Availability.--Any information developed under subsection (a)
shall be made publicly available, including on a publicly available website.
SEC. 8220. DISPOSITION STUDY ON HYDROPOWER IN THE WILLAMETTE VALLEY, OREGON.
(a) Disposition Study.--
(1) In general.--The Secretary shall carry out a disposition study
to determine the Federal interest in, and identify the effects of,
deauthorizing hydropower as an authorized purpose, in whole or in part,
of the Willamette Valley hydropower project.
(2) Contents.--In carrying out the disposition study under paragraph
(1), the Secretary shall review the effects of deauthorizing hydropower
on--
(A) Willamette Valley hydropower project operations;
(B) other authorized purposes of such project;
(C) cost apportionments;
(D) dam safety;
(E) compliance with the requirements of the Endangered
Species Act (16 U.S.C. 1531 et seq.); and
(F) the operations of the remaining dams within the
Willamette Valley hydropower project.
(3) Recommendations.--If the Secretary, through the disposition
study authorized by paragraph (1), determines that hydropower should be
removed as an authorized purpose of any part of the Willamette Valley
hydropower project, the Secretary shall also investigate and recommend
any necessary structural or operational changes at such project that are
necessary to achieve an appropriate balance among the remaining
authorized purposes of such project or changes to such purposes.
(b) Report.--Not later than 18 months after the date of enactment of this
Act, the Secretary shall issue a report to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Environment
and Public Works of the Senate that describes--
(1) the results of the disposition study on deauthorizing hydropower
as a purpose of the Willamette Valley hydropower project; and
(2) any recommendations required under subsection (a)(3).
(c) Costs.--Until such time as the report required under subsection (b) is
issued, any new construction-related expenditures of the Secretary at the
Willamette Valley hydropower project that are assigned to hydropower shall not
be reimbursable.
(d) Definition.--In this section, the term ``Willamette Valley hydropower
project'' means the system of dams and reservoir projects authorized to generate
hydropower and the power features that operate in conjunction with the main
regulating dam facilities, including the Big Cliff, Dexter, and Foster re-
regulating dams in the Willamette River Basin, Oregon, as authorized by section
4 of the Flood Control Act of 1938 (chapter 795, 52 Stat. 1222; 62 Stat. 1178;
64 Stat. 177; 68 Stat. 1264; 74 Stat. 499; 100 Stat. 4144).
SEC. 8221. HOUSTON SHIP CHANNEL EXPANSION CHANNEL IMPROVEMENT PROJECT, TEXAS.
The Secretary shall expedite the completion of a study under section 216 of
the Flood Control Act of 1970 (33 U.S.C. 549a) for modifications of the project
for navigation, Houston Ship Channel Expansion Channel Improvement Project,
Harris, Chambers, and Galveston Counties, Texas, authorized by section 401 of
the Water Resources Development Act of 2020 (134 Stat. 2734), to incorporate
into the project the construction of barge lanes immediately adjacent to either
side of the Houston Ship Channel from Bolivar Roads to Morgan's Point.
SEC. 8222. SABINE-NECHES WATERWAY NAVIGATION IMPROVEMENT PROJECT, TEXAS.
The Secretary shall expedite the review and coordination of the feasibility
study for the project for navigation, Sabine-Neches Waterway, Texas, under
section 203(b) of the Water Resources Development Act of 1986 (33 U.S.C.
2231(b)).
SEC. 8223. NORFOLK HARBOR AND CHANNELS, VIRGINIA.
Not later than December 31, 2023, the Secretary shall complete a post-
authorization change report for the Anchorage F modifications to the project for
navigation, Norfolk Harbor and Channels, Virginia, authorized by section 201 of
the Water Resources Development Act of 1986 (100 Stat. 4090; 132 Stat. 3840).
SEC. 8224. COASTAL VIRGINIA, VIRGINIA.
(a) In General.--In carrying out the feasibility study for the project for
flood risk management, ecosystem restoration, and navigation, Coastal Virginia,
authorized by section 1201(9) of the Water Resources Development Act of 2018
(132 Stat. 3802), the Secretary is authorized to enter into a written agreement
with any Federal agency that owns or operates property in the area of the
project to accept and expend funds from such Federal agency to include in the
study an analysis with respect to property owned or operated by such Federal
agency.
(b) Information.--The Secretary shall use any relevant information obtained
from a Federal agency described in subsection (a) to carry out the feasibility
study described in such subsection.
SEC. 8225. WEST VIRGINIA HYDROPOWER.
(a) In General.--For water resources development projects described in
subsection (b), the Secretary is authorized to evaluate Federal and non-Federal
modifications to such projects for the purposes of adding capacity for
hydropower generation or energy storage.
(b) Projects Described.--The projects referred to in subsection (a) are the
following:
(1) Sutton Dam, Braxton County, West Virginia, authorized by section
5 of the Act of June 22, 1936 (chapter 688, 49 Stat. 1586).
(2) Hildebrand Lock and Dam, Monongahela County, West Virginia,
authorized by section 101 of the River and Harbor Act of 1950 (chapter
188, 64 Stat. 166).
(3) Bluestone Lake, Summers County, West Virginia, authorized by
section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat. 1586).
(4) R.D. Bailey Dam, Wyoming County, West Virginia, authorized by
section 203 of the Flood Control Act of 1962 (76 Stat. 1188).
(5) Stonewall Jackson Dam, Lewis County, West Virginia, authorized
by section 203 of the Flood Control Act of 1966 (80 Stat. 1421).
(6) East Lynn Dam, Wayne County, West Virginia, authorized by
section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat. 1586).
(7) Burnsville Lake, Braxton County, West Virginia, authorized by
section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat. 1586).
(c) Demonstration Projects.--In carrying out subsection (a), the Secretary
may carry out demonstration projects for purposes of testing and evaluating
technology for adding capacity for hydropower generation or energy storage to a
project described in subsection (b).
SEC. 8226. ELECTRONIC PREPARATION AND SUBMISSION OF APPLICATIONS.
Section 2040(f) of the Water Resources Development Act of 2007 (33 U.S.C.
2345(f)) is amended--
(1) in paragraph (1), by striking ``Water Resources Development Act
of 2016'' and inserting ``Water Resources Development Act of 2022''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Update on electronic system implementation.--The Secretary
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment and Public
Works of the Senate a quarterly update describing the status of the
implementation of this section.''.
SEC. 8227. INVESTMENTS FOR RECREATION AREAS.
(a) Sense of Congress.--It is the sense of Congress that the Corps of
Engineers should use all available authorities to promote and enhance
development and recreational opportunities at lakes that are part of authorized
civil works projects under the administrative jurisdiction of the Corps of
Engineers.
(b) Report.--Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a report on investments needed to support recreational
activities that are part of authorized water resources development projects
under the administrative jurisdiction of the Corps of Engineers.
(c) Requirements.--The report under subsection (b) shall include--
(1) a list of deferred maintenance projects, including maintenance
projects relating to recreational facilities and sites and associated
access roads;
(2) a plan to fund the projects described in paragraph (1) during
the 5-year period beginning on the date of enactment of this Act;
(3) a description of efforts made by the Corps of Engineers to
coordinate investments in recreational facilities and sites and
associated access roads with--
(A) State and local governments; or
(B) private entities; and
(4) an assessment of whether the modification of Federal contracting
requirements could accelerate the availability of funds for the projects
described in paragraph (1).
SEC. 8228. AUTOMATED FEE MACHINES.
For the purpose of mitigating adverse impacts to public access to outdoor
recreation, to the maximum extent practicable, the Secretary shall consider
alternatives to the use of automated fee machines for the collection of fees for
the use of developed recreation sites and facilities in West Virginia.
SEC. 8229. REVIEW OF RECREATIONAL HAZARDS.
(a) In General.--The Secretary shall--
(1) carry out a review of potential threats to human life and safety
from use of covered sites; and
(2) install such technologies and other measures, including sirens,
strobe lights, and signage, that the Secretary, based on the review
carried out under paragraph (1), determines necessary for alerting the
public of hazardous water conditions or to otherwise minimize or
eliminate any identified threats to human life and safety.
(b) Covered Sites Defined.--In this section, the term ``covered sites''
means--
(1) designated recreational areas at the Buford Dam, Lake Sidney
Lanier, Georgia, authorized by section 1 of the Act of July 24, 1946
(chapter 595, 60 Stat. 635);
(2) designated recreational areas at the banks of the Mississippi
River, Louisiana; and
(3) the project for navigation, Murderkill River, Delaware,
authorized by the first section of the Act of July 13, 1892 (chapter
158, 27 Stat. 98).
SEC. 8230. ASSESSMENT OF COASTAL FLOODING MITIGATION MODELING AND TESTING
CAPACITY.
(a) In General.--The Secretary, acting through the Director of the Engineer
Research and Development Center, shall carry out an assessment of the current
capacity of the Corps of Engineers to model coastal flood mitigation systems and
test the effectiveness of such systems in preventing flood damage resulting from
coastal storm surges.
(b) Considerations.--In carrying out the assessment under subsection (a),
the Secretary shall--
(1) identify the capacity of the Corps of Engineers to--
(A) carry out the testing of the performance and reliability
of coastal flood mitigation systems; or
(B) collaborate with private industries to carry out such
testing;
(2) identify any limitations or deficiencies at Corps of Engineers
facilities that are capable of testing the performance and reliability
of coastal flood mitigation systems;
(3) assess any benefits that would result from addressing the
limitations or deficiencies identified under paragraph (2); and
(4) provide recommendations for addressing such limitations or
deficiencies.
(c) Report to Congress.--Not later than 1 year after the date of enactment
of this section, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate, and make publicly available
(including on a publicly available website), a report describing the results of
the assessment carried out under subsection (a).
SEC. 8231. REPORT ON SOCIALLY AND ECONOMICALLY DISADVANTAGED SMALL BUSINESS
CONCERNS.
(a) In General.--Not later than 1 year after the date of enactment of this
Act, the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Environment
and Public Works of the Senate, and make publicly available (including on a
publicly available website), a report that describes and documents the use of
contracts and subcontracts with Small Disadvantaged Businesses in carrying out
the water resources development authorities of the Secretary.
(b) Information.--The Secretary shall include in the report under subsection
(a) information on the distribution of funds to Small Disadvantaged Businesses
on a disaggregated basis.
(c) Definition.--In this section, the term ``Small Disadvantaged Business''
has the meaning given that term in section 124.1001 of title 13, Code of Federal
Regulations (or successor regulations).
SEC. 8232. REPORT ON SOLAR ENERGY OPPORTUNITIES.
(a) Assessment.--
(1) In general.--The Secretary shall conduct an assessment, in
collaboration with relevant Federal agencies and after consultation with
relevant non-Federal interests, of opportunities to install and maintain
photovoltaic solar panels (including floating solar panels) at covered
projects.
(2) Contents.--The assessment conducted under paragraph (1) shall--
(A) include a description of the economic, environmental,
and technical viability of installing and maintaining, or
contracting with third parties to install and maintain,
photovoltaic solar panels at covered projects;
(B) identify covered projects with a high potential for the
installation and maintenance of photovoltaic solar panels and
whether such installation and maintenance would require
additional authorization;
(C) account for potential impacts of photovoltaic solar
panels at covered projects and the authorized purposes of such
projects, including potential impacts on flood risk reduction,
navigation, recreation, water supply, and fish and wildlife; and
(D) account for the availability of electric grid
infrastructure close to covered projects, including
underutilized transmission infrastructure.
(b) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to Congress, and make publicly
available (including on a publicly available website), a report containing the
results of the assessment conducted under subsection (a).
(c) Authorization of Appropriations.--There is authorized to be appropriated
to the Secretary $10,000,000 to carry out this section.
(d) Definition.--In this section, the term ``covered project'' means--
(1) any property under the control of the Corps of Engineers; and
(2) any water resources development project constructed by the
Secretary or over which the Secretary has financial or operational
responsibility.
SEC. 8233. REPORT TO CONGRESS ON ECONOMIC VALUATION OF PRESERVATION OF OPEN
SPACE, RECREATIONAL AREAS, AND HABITAT ASSOCIATED WITH PROJECT
LANDS.
(a) In General.--The Secretary shall conduct a review of the existing
statutory, regulatory, and policy requirements related to the determination of
the economic value of lands that--
(1) may be provided by the non-Federal interest, as necessary, for
the construction of a project for flood risk reduction or hurricane and
storm risk reduction in accordance with section 103(i) of the Water
Resources Development Act of 1986 (33 U.S.C. 2213(i));
(2) are being maintained for open space, recreational areas, or
preservation of fish and wildlife habitat; and
(3) will continue to be so maintained as part of the project.
(b) Report to Congress.--Not later than 1 year after the date of enactment
of this section, the Secretary shall issue to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report containing the results of
the review conducted under subsection (a), including--
(1) a summary of the existing statutory, regulatory, and policy
requirements described in such subsection;
(2) a description of the requirements and process the Secretary uses
to place an economic value on the lands described in such subsection;
(3) an assessment of whether such requirements and process affect
the ability of a non-Federal interest to provide such lands for the
construction of a project described in such subsection;
(4) an assessment of whether such requirements and process directly
or indirectly encourage the selection of developed lands for the
construction of a project, or have the potential to affect the total
cost of a project; and
(5) the identification of alternative measures for determining the
economic value of such lands that could provide incentives for the
preservation of open space, recreational areas, and habitat in
association with the construction of a project.
SEC. 8234. REPORT ON CORROSION PREVENTION ACTIVITIES.
Not later than 180 days after the date of enactment of this Act, the
Secretary shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment and Public Works
of the Senate, and make publicly available (including on a publicly available
website), a report that describes--
(1) the extent to which the Secretary has carried out section 1033
of the Water Resources Reform and Development Act of 2014 (33 U.S.C.
2350);
(2) the extent to which the Secretary has incorporated corrosion
prevention activities (as defined in such section) at water resources
development projects constructed or maintained by the Secretary since
the date of enactment of such section; and
(3) in instances where the Secretary has not incorporated corrosion
prevention activities at such water resources development projects since
such date, an explanation of why such corrosion prevention activities
have not been incorporated.
SEC. 8235. REPORT TO CONGRESS ON EASEMENTS RELATED TO WATER RESOURCES
DEVELOPMENT PROJECTS.
(a) In General.--The Secretary shall conduct a review of the existing
statutory, regulatory, and policy requirements and procedures related to the
use, in relation to the construction of a project for flood risk management,
hurricane and storm damage risk reduction, or ecosystem restoration, of covered
easements that may be provided to the Secretary by non-Federal interests.
(b) Report to Congress.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Environment
and Public Works of the Senate a report containing the results of the review
conducted under subsection (a), including--
(1) the findings of the Secretary relating to--
(A) the minimum rights in property that are necessary to
construct, operate, or maintain projects for flood risk
management, hurricane and storm damage risk reduction, or
ecosystem restoration;
(B) whether increased use of covered easements in relation
to such projects could promote greater participation from
cooperating landowners in addressing local flooding or ecosystem
restoration challenges; and
(C) whether such increased use could result in cost savings
in the implementation of the projects, without any reduction in
project benefits; and
(2) any recommendations of the Secretary relating to whether
existing requirements or procedures related to such use of covered
easements should be revised to reflect the results of the review.
(c) Definition.--In this section, the term ``covered easement'' means an
easement or other similar interest in real property that--
(1) reserves for the Secretary rights in the property that are
necessary to construct, operate, or maintain a water resources
development project;
(2) provides for appropriate public use of the property, and retains
the right of continued use of the property by the owner of the property,
to the extent such uses are consistent with purposes of the covered
easement;
(3) provides access to the property for oversight and inspection by
the Secretary;
(4) is permanently recorded; and
(5) is enforceable under Federal and State law.
SEC. 8236. GAO STUDIES.
(a) Study on Project Distribution.--
(1) In general.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall initiate
an analysis of--
(A) the geographic distribution of annual and supplemental
funding for water resources development projects carried out by
the Secretary over the immediately preceding 5 fiscal years; and
(B) the factors contributing to such distribution.
(2) Report.--Upon completion of the analysis required under
paragraph (1), the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the findings of such analysis.
(b) Assessment of Concessionaire Practices.--
(1) In general.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall initiate
an assessment of the concessionaire lease practices of the Corps of
Engineers.
(2) Scope.--In conducting the assessment under paragraph (1), the
Comptroller General shall assess--
(A) the extent to which the formula of the Corps of
Engineers for calculating concessionaire rental rates allows
concessionaires to obtain a reasonable return on investment,
taking into account operating margins for sales of food and
fuel; and
(B) the process and formula for assessing administrative
fees for concessionaire leases that addresses--
(i) the statutory authority for such fees; and
(ii) the extent to which the process and formula for
assessing such fees are transparent and consistent
across districts of the Corps of Engineers.
(3) Report.--Upon completion of the assessment required under
paragraph (1), the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the findings of such assessment.
(c) Audit of Projects Over Budget or Behind Schedule.--
(1) List required.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall provide to the Comptroller
General of the United States a list of each covered ongoing water
resources development project.
(2) Review.--Not later than 1 year after receiving the list under
paragraph (1), the Comptroller General shall initiate a review of the
factors and conditions resulting in the estimated project cost or
completion date exceedances for each covered ongoing water resources
development project.
(3) Report.--Upon completion of the review conducted under paragraph
(2), the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the findings of such review.
(4) Definition of covered ongoing water resources development
project.--In this subsection, the term ``covered ongoing water resources
development project'' means a water resources development project being
carried out by the Secretary for which, as of the date of enactment of
this Act--
(A) the estimated total project cost of the project exceeds
the authorized total project cost of the project by not less
than $50,000,000; or
(B) the estimated completion date of the project exceeds the
original estimated completion date of the project by not less
than 5 years.
(d) Studies on Mitigation.--
(1) Study on mitigation for water resources development projects.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate a review of projects and activities to
mitigate fish and wildlife losses resulting from the
construction, or operation and maintenance, of an authorized
water resources development project.
(B) Requirements.--In conducting the review under
subparagraph (A), the Comptroller General shall--
(i) assess the extent to which--
(I) districts of the Corps of Engineers
consistently implement the final rule of the
Department of Defense and the Environmental
Protection Agency titled ``Compensatory
Mitigation for Losses of Aquatic Resources'' and
issued on April 10, 2008 (73 Fed. Reg. 19594);
(II) mitigation projects and activities
(including the acquisition of lands or interests
in lands) restore the natural hydrologic
conditions, restore native vegetation, and
otherwise support native fish and wildlife
species, as required under section 906 of the
Water Resources Development Act of 1986 (33
U.S.C. 2283);
(III) mitigation projects or activities
(including the acquisition of lands or interests
in lands) are undertaken before, or concurrent
with, the construction of the authorized water
resources development project for which such
mitigation is required;
(IV) mitigation projects or activities
(including the acquisition of lands or interests
in lands) are completed;
(V) mitigation projects or activities are
undertaken to mitigate fish and wildlife losses
resulting from the operation and maintenance of
an authorized water resources development
project, including based on periodic review and
updating of such projects or activities;
(VI) the Secretary includes mitigation
plans, as required by section 906(d) of the
Water Resources Development Act of 1986 (33 U.S.
2283), in any project study (as defined in
section 2034(l) of the Water Resources
Development Act of 2007 (33 U.S.C. 2343));
(VII) processing and approval of mitigation
projects and activities (including the
acquisition of lands or interests in lands)
affects the timeline of completion of authorized
water resources development projects; and
(VIII) mitigation projects and activities
(including the acquisition of lands or interests
in lands) affect the total cost of authorized
water resources development projects;
(ii) evaluate the performance of each of the
mitigation mechanisms included in the final rule
described in clause (i)(I);
(iii) evaluate the efficacy of the use of
alternative methods, such as a performance-based
contract, to satisfy mitigation requirements of
authorized water resources development projects;
(iv) review any reports submitted to Congress in
accordance with section 2036(b) of the Water Resources
Development Act of 2007 (121 Stat. 1094) on the status
of construction of authorized water resources
development projects that require mitigation; and
(v) consult with independent scientists, economists,
and other stakeholders with expertise and experience to
conduct such review.
(C) Definition of performance-based contract.--In this
paragraph, the term ``performance-based contract'' means a
procurement mechanism by which the Corps of Engineers contracts
with a public or private non-Federal entity for a specific
mitigation outcome requirement, with payment to the entity
linked to delivery of verifiable, sustainable, and functionally
equivalent mitigation performance.
(D) Report.--Upon completion of the review conducted under
this paragraph, the Comptroller General shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of such review.
(2) Study on compensatory mitigation.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate a review of the performance metrics for,
compliance with, and adequacy of potential mechanisms for
fulfilling compensatory mitigation obligations pursuant to the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(B) Requirements.--The Comptroller General shall include in
the review conducted under subparagraph (A) an analysis of--
(i) the primary mechanisms for fulfilling
compensatory mitigation obligations, including--
(I) mitigation banks;
(II) in-lieu fee programs; and
(III) direct mitigation by permittees;
(ii) the timeliness of initiation and successful
completion of compensatory mitigation activities in
relation to when a permitted activity occurs;
(iii) the timeliness of processing and approval of
compensatory mitigation activities;
(iv) the costs of carrying out compensatory
mitigation activities borne by the Federal Government, a
permittee, or any other involved entity;
(v) Federal and State agency oversight and short-
and long-term monitoring of compensatory mitigation
activities;
(vi) whether a compensatory mitigation activity
successfully replaces any lost or adversely affected
habitat with a habitat having similar functions of equal
or greater ecological value; and
(vii) the continued, long-term operation of the
compensatory mitigation activities over a 5-, 10-, 20-,
and 50-year period, including ecological performance and
the functioning of long-term funding mechanisms.
(C) Update.--In conjunction with the review required under
subparagraph (A), the Comptroller General shall review and
update the findings and recommendations contained in the report
of the Comptroller General titled ``Corps of Engineers Does Not
Have an Effective Oversight Approach to Ensure That Compensatory
Mitigation Is Occurring'' and dated September 2005 (GAO-05-898),
including a review of Federal agency compliance with such
recommendations.
(D) Report.--Upon completion of the review conducted under
required subparagraph (A), the Comptroller General shall submit
to the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the findings of such
review.
(e) Study on Waterborne Commerce Statistics.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall initiate a review of the Waterborne Commerce Statistics Center of
the Corps of Engineers that includes--
(A) an assessment of ways in which the Waterborne Commerce
Statistics Center can improve the collection of information
relating to all commercial maritime activity within the
jurisdiction of a port, including the collection and reporting
of records of fishery landings and aquaculture harvest; and
(B) recommendations to improve the collection of such
information from non-Federal entities, taking into
consideration--
(i) the cost, efficiency, and accuracy of collecting
such information; and
(ii) the protection of proprietary information.
(2) Report.--Upon completion of the review conducted out under
paragraph (1), the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
containing the results of such review.
(f) Study on the Integration of Information Into the National Levee
Database.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall initiate a review of the sharing of levee information, and the
integration of such information into the National Levee Database, by the
Corps of Engineers and the Federal Emergency Management Agency in
accordance with section 9004 of the Water Resources Development Act of
2007 (33 U.S.C. 3303).
(2) Requirements.--In conducting the review under paragraph (1), the
Comptroller General shall--
(A) investigate the information-sharing protocols and
procedures between the Corps of Engineers and the Federal
Emergency Management Agency regarding the construction of new
Federal flood protection projects;
(B) analyze the timeliness of the integration of information
relating to newly constructed Federal flood protection projects
into the National Levee Database;
(C) identify any delays between the construction of a new
Federal flood protection project and when a policyholder of the
National Flood Insurance Program would realize a premium
discount due to the construction of a new Federal flood
protection project; and
(D) determine whether such information-sharing protocols are
adversely impacting the ability of the Secretary to perform
accurate benefit-cost analyses for future flood risk management
activities.
(3) Report.--Upon completion of the review conducted under paragraph
(1), the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
containing the results of such review.
(g) Audit of Joint Costs for Operation and Maintenance.--
(1) In general.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall initiate
a review of the practices of the Corps of Engineers with respect to the
determination of joint costs associated with operations and maintenance
of reservoirs owned and operated by the Secretary.
(2) Report.--Upon completion of the review conducted under paragraph
(1), the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the findings of such review and any recommendations that
result from such review.
SEC. 8237. ASSESSMENT OF FOREST, RANGELAND, AND WATERSHED RESTORATION SERVICES
ON LANDS OWNED BY THE CORPS OF ENGINEERS.
(a) In General.--The Secretary shall carry out an assessment of forest,
rangeland, and watershed restoration services on lands owned by the Corps of
Engineers, including an assessment of whether the provision of such services on
such lands by non-Federal interests through good neighbor agreements would be in
the best interests of the United States.
(b) Considerations.--In carrying out the assessment under subsection (a),
the Secretary shall--
(1) describe the forest, rangeland, and watershed restoration
services provided by the Secretary on lands owned by the Corps of
Engineers;
(2) assess whether such services, including efforts to reduce
hazardous fuels and to restore and improve forest, rangeland, and
watershed health (including the health of fish and wildlife habitats)
would be enhanced by authorizing the Secretary to enter into a good
neighbor agreement with a non-Federal interest;
(3) describe the process for ensuring that Federal requirements for
land management plans for forests on lands owned by the Corps of
Engineers remain in effect under good neighbor agreements;
(4) assess whether Congress should authorize the Secretary to enter
into a good neighbor agreement with a non-Federal interest to provide
forest, rangeland, and watershed restoration services on lands owned by
the Corps of Engineers, including by assessing any interest expressed by
a non-Federal interest to enter into such an agreement;
(5) consider whether implementation of a good neighbor agreement on
lands owned by the Corps of Engineers would benefit State and local
governments and Indian Tribes that are located in the same geographic
area as such lands; and
(6) consult with the heads of other Federal agencies authorized to
enter into good neighbor agreements with non-Federal interests.
(c) Report to Congress.--Not later than 18 months after the date of
enactment of this section, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate, and make publicly
available (including on a publicly available website), a report describing the
results of the assessment carried out under subsection (a).
(d) Definitions.--In this section:
(1) Forest, rangeland, and watershed restoration services.--The term
``forest, rangeland, and watershed restoration services'' has the
meaning given such term in section 8206 of the Agricultural Act of 2014
(16 U.S.C. 2113a).
(2) Good neighbor agreement.--The term ``good neighbor agreement''
means a cooperative agreement or contract (including a sole source
contract) entered into between the Secretary and a non-Federal interest
to carry out forest, rangeland, and watershed restoration services.
(3) Lands owned by the corps of engineers.--The term ``lands owned
by the Corps of Engineers'' means any land owned by the Corps of
Engineers, but does not include--
(A) a component of the National Wilderness Preservation
System;
(B) land on which the removal of vegetation is prohibited or
restricted by law or Presidential proclamation;
(C) a wilderness study area; or
(D) any other land with respect to which the Secretary
determines that forest, rangeland, and watershed restoration
services should remain the responsibility of the Secretary.
Subtitle C--Deauthorizations and Modifications
SEC. 8301. DEAUTHORIZATION OF INACTIVE PROJECTS.
(a) Purposes; Proposed Deauthorization List; Submission of Final List.--
Section 301 of the Water Resources Development Act of 2020 (33 U.S.C. 579d-2) is
amended by striking subsections (a) through (c) and inserting the following:
``(a) Purposes.--The purposes of this section are--
``(1) to identify water resources development projects, and
separable elements of projects, authorized by Congress that are no
longer viable for construction due to--
``(A) a lack of local support;
``(B) a lack of available Federal or non-Federal resources;
or
``(C) an authorizing purpose that is no longer relevant or
feasible;
``(2) to create an expedited and definitive process for Congress to
deauthorize water resources development projects and separable elements
that are no longer viable for construction; and
``(3) to allow the continued authorization of water resources
development projects and separable elements that are viable for
construction.
``(b) Proposed Deauthorization List.--
``(1) Preliminary list of projects.--
``(A) In general.--The Secretary shall develop a preliminary
list of each water resources development project, or separable
element of a project, authorized for construction before
November 8, 2007, for which--
``(i) planning, design, or construction was not
initiated before the date of enactment of this Act; or
``(ii) planning, design, or construction was
initiated before the date of enactment of this Act, but
for which no funds, Federal or non-Federal, were
obligated for planning, design, or construction of the
project or separable element of the project during the
current fiscal year or any of the 10 preceding fiscal
years.
``(B) Use of comprehensive construction backlog and
operation and maintenance report.--The Secretary may develop the
preliminary list from the comprehensive construction backlog and
operation and maintenance reports developed pursuant to section
1001(b)(2) of the Water Resources Development Act of 1986 (33
U.S.C. 579a).
``(2) Preparation of proposed deauthorization list.--
``(A) Proposed list and estimated deauthorization amount.--
The Secretary shall--
``(i) prepare a proposed list of projects for
deauthorization comprised of a subset of projects and
separable elements identified on the preliminary list
developed under paragraph (1) that are projects or
separable elements described in subsection (a)(1), as
determined by the Secretary; and
``(ii) include with such proposed list an estimate,
in the aggregate, of the Federal cost to complete such
projects.
``(B) Determination of federal cost to complete.--For
purposes of subparagraph (A), the Federal cost to complete shall
take into account any allowances authorized by section 902 of
the Water Resources Development Act of 1986 (33 U.S.C. 2280), as
applied to the most recent project schedule and cost estimate.
``(3) Public comment and consultation.--
``(A) In general.--The Secretary shall solicit comments from
the public and the Governors of each applicable State on the
proposed deauthorization list prepared under paragraph (2)(A).
``(B) Comment period.--The public comment period shall be 90
days.
``(4) Preparation of final deauthorization list.--
``(A) In general.--The Secretary shall prepare a final
deauthorization list by--
``(i) considering any comments received under
paragraph (3); and
``(ii) revising the proposed deauthorization list
prepared under paragraph (2)(A) as the Secretary
determines necessary to respond to such comments.
``(B) Appendix.--The Secretary shall include as part of the
final deauthorization list an appendix that--
``(i) identifies each project or separable element
on the proposed deauthorization list that is not
included on the final deauthorization list; and
``(ii) describes the reasons why the project or
separable element is not included on the final
deauthorization list.
``(c) Submission of Final Deauthorization List to Congress for Congressional
Review; Publication.--
``(1) In general.--Not later than 90 days after the date of the
close of the comment period under subsection (b)(3), the Secretary
shall--
``(A) submit the final deauthorization list and appendix
prepared under subsection (b)(4) to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate; and
``(B) publish the final deauthorization list and appendix in
the Federal Register.
``(2) Exclusions.--The Secretary shall not include in the final
deauthorization list submitted under paragraph (1) any project or
separable element with respect to which Federal funds for planning,
design, or construction are obligated after the development of the
preliminary list under subsection (b)(1)(A) but prior to the submission
of the final deauthorization list under paragraph (1)(A) of this
subsection.''.
(b) Repeal.--Section 301(d) of the Water Resources Development Act of 2020
(33 U.S.C. 579d-2(d)) is repealed.
SEC. 8302. WATERSHED AND RIVER BASIN ASSESSMENTS.
Section 729 of the Water Resources Development Act of 1986 (33 U.S.C. 2267a)
is amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking ``and'' at the end;
(B) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(7) sea level rise;
``(8) coastal storm damage reduction; and
``(9) streambank and shoreline protection.''; and
(2) in subsection (d)--
(A) in paragraph (9), by striking ``and'' at the end;
(B) in paragraph (10), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(11) New York-New Jersey Watershed Basin, which encompasses all
the watersheds that flow into the New York-New Jersey Harbor and their
associated estuaries, including the Hudson, Mohawk, Raritan, Passaic,
Hackensack, and Bronx River Watersheds and the Hudson River Estuary;
``(12) Mississippi River Watershed; and
``(13) Chattahoochee River Basin, Alabama, Florida, and Georgia.''.
SEC. 8303. FORECAST-INFORMED RESERVOIR OPERATIONS.
(a) Additional Utilization of Forecast-Informed Reservoir Operations.--
Section 1222(c) of the Water Resources Development Act of 2018 (132 Stat. 3811;
134 Stat. 2661) is amended--
(1) in paragraph (1), by striking ``the Upper Missouri River Basin
and the North Platte River Basin'' and inserting ``the Upper Missouri
River Basin, the North Platte River Basin, and the Apalachicola
Chattahoochee Flint River Basin''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``the Upper Missouri
River Basin or the North Platte River Basin'' and inserting
``the Upper Missouri River Basin, the North Platte River Basin,
or the Apalachicola Chattahoochee Flint River Basin''; and
(B) in subparagraph (B), by striking ``the Upper Missouri
River Basin or the North Platte River Basin'' and inserting
``the Upper Missouri River Basin, the North Platte River Basin,
or the Apalachicola Chattahoochee Flint River Basin''.
(b) Completion of Reports.--The Secretary shall expedite completion of the
reports authorized by section 1222 of the Water Resources Development Act of
2018 (132 Stat. 3811; 134 Stat. 2661).
(c) Forecast-Informed Reservoir Operations.--
(1) In general.--The Secretary is authorized to carry out a research
study pilot program at 1 or more dams owned and operated by the
Secretary in the North Atlantic Division of the Corps of Engineers to
assess the viability of forecast-informed reservoir operations in the
eastern United States.
(2) Report.--Not later than 1 year after completion of the research
study pilot program under paragraph (1), the Secretary shall submit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of the
Senate a report on the results of the research study pilot program.
SEC. 8304. LAKES PROGRAM.
Section 602(a) of the Water Resources Development Act of 1986 (100 Stat.
4148; 104 Stat. 4646; 110 Stat. 3758; 113 Stat. 295; 121 Stat. 1076; 134 Stat.
2703) is amended--
(1) in paragraph (29), by striking ``and'' at the end;
(2) in paragraph (30), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(31) Salisbury Pond, Worcester, Massachusetts;
``(32) Baisley Pond, New York;
``(33) Legacy Park, Decatur, Georgia; and
``(34) White Rock Lake, Dallas, Texas.''.
SEC. 8305. INVASIVE SPECIES.
(a) Aquatic Invasive Species Research.--Section 1108(a) of the Water
Resources Development Act of 2018 (33 U.S.C. 2263a(a)) is amended by inserting
``, hydrilla'' after ``elodea''.
(b) Invasive Species Management.--Section 104 of the River and Harbor Act of
1958 (33 U.S.C. 610) is amended--
(1) in subsection (b)(2)(A)(ii)--
(A) by striking ``$50,000,000'' and inserting
``$75,000,000''; and
(B) by striking ``2024'' and inserting ``2028'';
(2) in subsection (f)(4) by striking ``2024'' and inserting
``2028''; and
(3) in subsection (g)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``water quantity or water
quality'' and inserting ``water quantity, water
quality, or ecosystems''; and
(II) by inserting ``the Lake Erie Basin, the
Ohio River Basin,'' after ``the Upper Snake
River Basin,''; and
(ii) in subparagraph (B), by inserting ``, hydrilla
(Hydrilla verticillata),'' after ``(Elaeagnus
angustifolia)''; and
(B) in paragraph (3)(D), by striking ``2024'' and inserting
``2028''.
(c) Harmful Algal Bloom Demonstration Program.--Section 128(c) of the Water
Resources Development Act of 2020 (33 U.S.C. 610 note) is amended to read as
follows:
``(c) Focus Areas.--In carrying out the demonstration program under
subsection (a), the Secretary shall undertake program activities related to
harmful algal blooms in--
``(1) the Great Lakes;
``(2) the tidal and inland waters of the State of New Jersey,
including Lake Hopatcong, New Jersey;
``(3) the coastal and tidal waters of the State of Louisiana;
``(4) the waterways of the counties that comprise the Sacramento-San
Joaquin Delta, California;
``(5) the Allegheny Reservoir Watershed, New York;
``(6) Lake Okeechobee, Florida;
``(7) the Caloosahatchee and St. Lucie Rivers, Florida;
``(8) Lake Sidney Lanier, Georgia;
``(9) Rio Grande River Basin, Colorado, New Mexico, and Texas;
``(10) lakes and reservoirs in the State of Ohio;
``(11) the Upper Mississippi River and tributaries;
``(12) Detroit Lake, Oregon;
``(13) Ten Mile Lake, Oregon; and
``(14) the coastal waters of the United States Virgin Islands.''.
(d) Update on Invasive Species Policy Guidance.--Section 501(b) of the Water
Resources Development Act of 2020 (33 U.S.C. 610 note) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the Sacramento-San Joaquin Delta, California.''.
SEC. 8306. MAINTENANCE OF NAVIGATION CHANNELS.
Section 509(a) of the Water Resources Development Act of 1996 (110 Stat.
3759; 113 Stat. 339; 114 Stat. 2679) is amended by adding at the end the
following:
``(18) Second harbor at New Madrid County Harbor, Missouri.
``(19) Yabucoa Harbor, Puerto Rico.
``(20) Everett Harbor and Snohomish River, Boat Launch Connector
Channel, Washington.
``(21) Port Townsend, Boat Haven Marina Breakwater, Washington.
``(22) Segment 1B of Houston Ship Channel, Texas.''.
SEC. 8307. PROJECT REAUTHORIZATIONS.
(a) In General.--
(1) New york harbor, new york and new jersey.--The New York Harbor
collection and removal of drift project authorized by section 2 of the
Act of March 4, 1915 (chapter 142, 38 Stat. 1051; 88 Stat. 39; 104 Stat.
4615), and deauthorized pursuant to section 6001 of the Water Resources
Reform and Development Act of 2014 (128 Stat. 1345), is authorized to be
carried out by the Secretary.
(2) Rio nigua, salinas, puerto rico.--The project for flood control,
Rio Nigua, Salinas, Puerto Rico, authorized by section 101 of the Water
Resources Development Act of 1999 (113 Stat. 278), and deauthorized
pursuant to section 6001 of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1345), is authorized to be carried out by the
Secretary.
(3) Rio grande de loiza, puerto rico.--The project for flood
control, Rio Grande De Loiza, Puerto Rico, authorized by section 101 of
the Water Resources Development Act of 1992 (106 Stat. 4803), and
deauthorized pursuant to section 6001 of the Water Resources Reform and
Development Act of 2014 (128 Stat. 1345), is authorized to be carried
out by the Secretary.
(b) Feasibility Studies.--The Secretary shall carry out, and submit to the
Committee on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report on
the results of, a feasibility study for each of the projects described in
subsection (a).
SEC. 8308. SPECIAL RULE FOR CERTAIN BEACH NOURISHMENT PROJECTS.
(a) In General.--In the case of a water resources development project
described in subsection (b), the Secretary shall--
(1) fund, at Federal expense, any incremental increase in cost to
the project that results from a legal requirement to use a borrow source
determined by the Secretary to be other than the least-cost option; and
(2) exclude the cost described in paragraph (1) from the cost-
benefit analysis for the project.
(b) Water Resources Development Project Described.--A water resources
development project referred to in subsection (a) is any of the following:
(1) The Townsends Inlet to Cape May Inlet, New Jersey, hurricane
storm damage reduction, shore protection, and ecosystem restoration
project, authorized by section 101(a)(26) of the Water Resources
Development Act of 1999 (113 Stat. 278).
(2) The Folly Beach, South Carolina, shoreline protection project,
authorized by section 501(a) of the Water Resources Development Act of
1986 (100 Stat. 4136; 105 Stat. 520).
(3) The Carolina Beach and Vicinity, North Carolina, coastal storm
risk management project, authorized by section 203 of the Flood Control
Act of 1962 (76 Stat. 1182; 134 Stat. 2741).
(4) The Wrightsville Beach, North Carolina, coastal storm risk
management project, authorized by section 203 of the Flood Control Act
of 1962 (76 Stat. 1182; 134 Stat. 2741).
(c) Savings Provision.--Nothing in this section limits the eligibility for,
or availability of, Federal expenditures or financial assistance for any water
resources development project, including any beach nourishment or renourishment
project, under any other provision of Federal law.
SEC. 8309. COLUMBIA RIVER BASIN.
(a) Study of Flood Risk Management Activities.--
(1) In general.--Using funds made available to carry out this
section, the Secretary is authorized, at Federal expense, to carry out a
study to determine the feasibility of a project for flood risk
management and related purposes in the Columbia River Basin and to
report to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate with recommendations thereon, including
recommendations for a project to potentially reduce the reliance on
Canada for flood risk management in the basin.
(2) Coordination.--The Secretary shall carry out the activities
described in this subsection in coordination with other Federal and
State agencies and Indian Tribes.
(b) Funds for Columbia River Treaty Obligations.--
(1) In general.--The Secretary is authorized to expend funds
appropriated for the purpose of satisfying United States obligations
under the Columbia River Treaty to compensate Canada for operating
Canadian storage on behalf of the United States under such treaty.
(2) Notification.--If the U.S. entity calls upon Canada to operate
Canadian reservoir storage for flood risk management on behalf of the
United States, which operation may incur an obligation to compensate
Canada under the Columbia River Treaty--
(A) the Secretary shall submit to the Committees on
Transportation and Infrastructure and Appropriations of the
House of Representatives and the Committees on Environment and
Public Works and Appropriations of the Senate, by not later than
30 days after the initiation of the call, a written notice of
the action and a justification, including a description of the
circumstances necessitating the call;
(B) upon a determination by the United States of the amount
of compensation that shall be paid to Canada, the Secretary
shall submit to the Committees on Transportation and
Infrastructure and Appropriations of the House of
Representatives and the Committees on Environment and Public
Works and Appropriations of the Senate a written notice
specifying such amount and an explanation of how such amount was
derived, which notification shall not delay or impede the flood
risk management mission of the U.S. entity; and
(C) the Secretary shall make no payment to Canada for the
call under the Columbia River Treaty until such time as funds
appropriated for the purpose of compensating Canada under such
treaty are available.
(3) Definitions.--In this section:
(A) Columbia river basin.--The term ``Columbia River Basin''
means the entire United States portion of the Columbia River
watershed.
(B) Columbia river treaty.--The term ``Columbia River
Treaty'' means the treaty relating to cooperative development of
the water resources of the Columbia River Basin, signed at
Washington January 17, 1961, and entered into force September
16, 1964.
(C) U.S. entity.--The term ``U.S. entity'' means the entity
designated by the United States under Article XIV of the
Columbia River Treaty.
SEC. 8310. EVALUATION OF HYDROLOGIC CHANGES IN SOURIS RIVER BASIN.
The Secretary is authorized to evaluate hydrologic changes affecting the
agreement entitled ``Agreement Between the Government of Canada and the
Government of the United States of America for Water Supply and Flood Control in
the Souris River Basin'', signed and entered into force on October 26, 1989.
SEC. 8311. ACEQUIAS IRRIGATION SYSTEMS.
Section 1113 of the Water Resources Development Act of 1986 (100 Stat. 4232;
110 Stat. 3719) is amended--
(1) in subsection (b)--
(A) by striking ``(b) Subject to section 903(a) of this Act,
the Secretary is authorized and directed to undertake'' and
inserting the following:
``(b) Authorization.--The Secretary shall carry out''; and
(B) by striking ``canals'' and all that follows through
``100 percent.'' and inserting the following: ``channels
attendant to the operations of the community ditch and Acequia
systems in New Mexico that--
``(1) are declared to be a political subdivision of the State; or
``(2) belong to an Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
5304)).'';
(2) by redesignating subsection (c) as subsection (f);
(3) by inserting after subsection (b) the following:
``(c) Inclusions.--The measures described in subsection (b) shall, to the
maximum extent practicable--
``(1) ensure greater resiliency of diversion structures, including
to flow variations, prolonged drought conditions, invasive plant
species, and threats from changing hydrological and climatic conditions;
or
``(2) support research, development, and training for innovative
management solutions, including those for controlling invasive aquatic
plants that affect acequias.
``(d) Cost Sharing.--The non-Federal share of the cost of carrying out the
measures described in subsection (b), including study costs, shall be 25
percent, except that in the case of a measure benefitting an economically
disadvantaged community (as defined by the Secretary under section 160 of the
Water Resources Development Act of 2020 (33 U.S.C. 2201 note)), including
economically disadvantaged communities located in urban and rural areas, the
Federal share of the cost of carrying out such measure shall be 90 percent.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the measures described in subsection (b)
$80,000,000.''; and
(4) in subsection (f) (as so redesignated)--
(A) in the first sentence--
(i) by striking ``(f) The Secretary is further
authorized and directed to'' and inserting the
following:
``(f) Public Entity Status.--
``(1) In general.--The Secretary shall''; and
(ii) by inserting ``or belong to an Indian Tribe
within the State of New Mexico'' after ``that State'';
and
(B) in the second sentence, by striking ``This public entity
status will allow the officials of these Acequia systems'' and
inserting the following:
``(2) Effect.--The public entity status provided under paragraph (1)
shall allow the officials of the Acequia systems described in such
paragraph''.
SEC. 8312. PORT OF NOME, ALASKA.
(a) In General.--The Secretary shall carry out the project for navigation,
Port of Nome, Alaska, authorized by section 401(1) of the Water Resources
Development Act of 2020 (134 Stat. 2733).
(b) Cost Share.--
(1) In general.--The non-Federal interest for the project described
in subsection (a) shall pay 10 percent of the costs associated with the
general navigation features of the project during the period of
construction.
(2) Exception.--Section 101(a)(2) of the Water Resources Development
Act of 1986 (33 U.S.C. 2211(a)(2)) shall not apply to the project
described in subsection (a).
SEC. 8313. ST. GEORGE, ALASKA.
Notwithstanding the terms of the local cooperation agreement between the
Department of the Army and the City of St. George, Alaska, dated December 23,
1988, the Secretary shall waive any and all payments due and owing to the United
States by the City of St. George on or after the date of enactment this Act
resulting from the judgment filed on November 8, 1993, in the United States
Court of Federal Claims in J.E. McAmis, Inc. v. United States, 90-315C, 91-
1194C, and 91-1195C.
SEC. 8314. UNALASKA (DUTCH HARBOR) CHANNELS, ALASKA.
Section 401(1) of the Water Resources Development Act of 2020 (134 Stat.
2734) is amended, in row 3 (relating to the project for navigation, Unalaska
(Dutch Harbor) Channels, Alaska), by striking ``February 7, 2020'' and inserting
``October 2, 2020''.
SEC. 8315. STORM DAMAGE PREVENTION AND REDUCTION, COASTAL EROSION, AND ICE AND
GLACIAL DAMAGE, ALASKA.
(a) In General.--The Secretary shall establish a program to carry out
structural and nonstructural projects for storm damage prevention and reduction,
coastal erosion, and ice and glacial damage in the State of Alaska, including--
(1) relocation of affected communities; and
(2) construction of replacement facilities.
(b) Cost Share.--
(1) In general.--Except as provided in paragraph (2), the non-
Federal share of the cost of a project carried out under this section
shall be in accordance with sections 103 and 105 of the Water Resources
Development Act of 1986 (33 U.S.C. 2213, 2215).
(2) Exception.--In the case of a project benefitting an economically
disadvantaged community (as defined by the Secretary under section 160
of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note)),
including economically disadvantaged communities located in urban and
rural areas, the non-Federal share of the cost of such project shall be
10 percent.
(c) Repeal.--Section 116 of the Energy and Water Development and Related
Agencies Appropriations Act, 2010 (123 Stat. 2851), is repealed.
(d) Treatment.--The program authorized by subsection (a) shall be considered
a continuation of the program authorized by section 116 of the Energy and Water
Development and Related Agencies Appropriations Act, 2010 (123 Stat. 2851) (as
in effect on the day before the date of enactment of this Act).
SEC. 8316. ST. FRANCIS LAKE CONTROL STRUCTURE.
(a) In General.--The Secretary shall set the ordinary high water mark for
water impounded behind the St. Francis Lake Control Structure, authorized by the
Act of May 15, 1928 (chapter 569, 45 Stat. 538; 79 Stat. 1077), at 208 feet mean
sea level.
(b) Operation by Project Manager.--In setting the ordinary high water mark
under subsection (a), the Secretary shall ensure that the project manager for
the St. Francis Lake Control Structure may continue operating such structure in
accordance with the instructions set forth in the document titled ``St. Francis
Lake Control Structure Standing Instructions to the Project Manager'' and
published in January 1982 by the Corps of Engineers, Memphis District.
SEC. 8317. SOUTH PLATTE RIVER AND TRIBUTARIES, ADAMS AND DENVER COUNTIES,
COLORADO.
(a) In General.--The Secretary shall expedite the completion of a written
agreement under section 204(d) of the Water Resources Development Act of 1986
(33 U.S.C. 2232(d)) with the non-Federal interest for the project for ecosystem
restoration and flood risk management, South Platte River and Tributaries, Adams
and Denver Counties, Colorado, authorized by section 401(4) of the Water
Resources Development Act of 2020 (134 Stat. 2739).
(b) Reimbursement.--The written agreement described in subsection (a) shall
provide for reimbursement of the non-Federal interest from funds in the
allocation for the project described in subsection (a) in the detailed spend
plan submitted for amounts appropriated under the heading ``department of the
army--corps of engineers--civil--construction'' in title III of division J of
the Infrastructure Investment and Jobs Act (135 Stat. 1359) if the Secretary
determines that funds in an amount sufficient to reimburse the non-Federal
interest are available in such allocation.
SEC. 8318. FRUITVALE AVENUE RAILROAD BRIDGE, ALAMEDA, CALIFORNIA.
Section 4017(d) of the Water Resources Development Act of 2007 (121 Stat.
1175) is repealed.
SEC. 8319. LOS ANGELES COUNTY, CALIFORNIA.
(a) Establishment of Program.--The Secretary may establish a program to
provide environmental assistance to non-Federal interests in Los Angeles County,
California.
(b) Form of Assistance.--Assistance provided under this section may be in
the form of design and construction assistance for water-related environmental
infrastructure and resource protection and development projects in Los Angeles
County, California, including projects for wastewater treatment and related
facilities, water supply and related facilities, environmental restoration, and
surface water resource protection and development.
(c) Ownership Requirement.--The Secretary may provide assistance for a
project under this section only if the project is publicly owned.
(d) Partnership Agreements.--
(1) In general.--Before providing assistance under this section to a
non-Federal interest, the Secretary shall enter into a partnership
agreement under section 221 of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b) with the non-Federal interest with respect to the project to
be carried out with such assistance.
(2) Requirements.--Each partnership agreement for a project entered
into under this subsection shall provide for the following:
(A) Development by the Secretary, in consultation with
appropriate Federal and State officials, of a facilities or
resource protection and development plan, including appropriate
engineering plans and specifications.
(B) Establishment of such legal and institutional structures
as are necessary to ensure the effective long-term operation of
the project by the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the cost of a project
under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for interest.--In case of a delay in the funding
of the Federal share of a project that is the subject of an
agreement under this section, the non-Federal interest shall
receive credit for reasonable interest incurred in providing the
non-Federal share of the project cost.
(C) Credit for land, easements, and rights-of-way.--
Notwithstanding section 221(a)(4)(G) of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b(a)(4)(G)), the non-Federal interest
shall receive credit for land, easements, rights-of-way, and
relocations toward the non-Federal share of project cost
(including all reasonable costs associated with obtaining
permits necessary for the construction, operation, and
maintenance of the project on publicly owned or controlled
land), but the credit may not exceed 25 percent of total project
costs.
(D) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for projects constructed with
assistance provided under this section shall be 100 percent.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated $50,000,000
to carry out this section.
(2) Corps of engineers expenses.--Not more than 10 percent of the
amounts made available to carry out this section may be used by the
Corps of Engineers district offices to administer projects under this
section at Federal expense.
SEC. 8320. DEAUTHORIZATION OF DESIGNATED PORTIONS OF THE LOS ANGELES COUNTY
DRAINAGE AREA, CALIFORNIA.
(a) In General.--The portion of the project for flood risk management, Los
Angeles County Drainage Area, California, authorized by section 5 of the Act of
June 22, 1936 (chapter 688, 49 Stat. 1589; 50 Stat. 167; 52 Stat. 1215; 55 Stat.
647; 64 Stat. 177; 104 Stat. 4611), consisting of the debris basins described in
subsection (b), is no longer authorized beginning on the date that is 18 months
after the date of enactment of this Act.
(b) Debris Basins Described.--The debris basins referred to in subsection
(a) are the following debris basins operated and maintained by the Los Angeles
County Flood Control District, as generally defined in Corps of Engineers
operations and maintenance manuals as may be further described in an agreement
entered into under subsection (c): Auburn Debris Basin, Bailey Debris Basin, Big
Dalton Debris Basin, Blanchard Canyon Debris Basin, Blue Gum Canyon Debris
Basin, Brand Canyon Debris Basin, Carter Debris Basin, Childs Canyon Debris
Basin, Dunsmuir Canyon Debris Basin, Eagle Canyon Debris Basin, Eaton Wash
Debris Basin, Elmwood Canyon Debris Basin, Emerald East Debris Basin, Emerald
West Debris Retention Inlet, Hay Debris Basin, Hillcrest Debris Basin, La Tuna
Canyon Debris Basin, Little Dalton Debris Basin, Live Oak Debris Retention
Inlet, Lopez Debris Retention Inlet, Lower Sunset Canyon Debris Basin, Marshall
Canyon Debris Retention Inlet, Santa Anita Debris Basin, Sawpit Debris Basin,
Schoolhouse Canyon Debris Basin, Shields Canyon Debris Basin, Sierra Madre Villa
Debris Basin, Snover Canyon Debris Basin, Stough Canyon Debris Basin, Wilson
Canyon Debris Basin, and Winery Canyon Debris Basin.
(c) Agreement.--Not later than 90 days after the date of enactment of this
Act, the Secretary shall seek to enter into an agreement with the Los Angeles
County Flood Control District to ensure that the Los Angeles County Flood
Control District--
(1) operates, maintains, repairs, and rehabilitates, and replaces as
necessary, the debris basins described in subsection (b)--
(A) in perpetuity at no cost to the United States; and
(B) in a manner that ensures that the quantity and
concentration of stormwater inflows from such debris basins does
not reduce the level of flood protection of the project
described in subsection (a);
(2) retains public ownership of, and compatible uses for, all real
property required for the continued functioning of the debris basins
described in subsection (b), consistent with authorized purposes of the
project described in subsection (a);
(3) allows the Corps of Engineers to continue to operate, maintain,
rehabilitate, repair, and replace appurtenant structures, such as rain
and stream gages, located within the debris basins subject to
deauthorization under subsection (a) as necessary to ensure the
continued functioning of the project described in subsection (a); and
(4) holds and saves the United States harmless from damages due to
overtopping, breach, failure, operation, or maintenance of the debris
basins described in subsection (b).
(d) Administrative Costs.--The Secretary may accept and expend funds
voluntarily contributed by the Los Angeles County Flood Control District to
cover the administrative costs incurred by the Secretary to--
(1) enter into an agreement under subsection (c); and
(2) monitor compliance with such agreement.
SEC. 8321. MURRIETA CREEK, CALIFORNIA.
Section 103 of title I of appendix B of Public Law 106-377 (114 Stat. 1441A-
65) (relating to the project for flood control, environmental restoration, and
recreation, Murrieta Creek, California), is amended--
(1) by striking ``$89,850,000'' and inserting ``$277,194,000'';
(2) by striking ``$57,735,000'' and inserting ``$180,176,100''; and
(3) by striking ``$32,115,000'' and inserting ``$97,017,900''.
SEC. 8322. SACRAMENTO RIVER BASIN, CALIFORNIA.
The portion of the project for flood protection in the Sacramento River
Basin, authorized by section 2 of the Act of March 1, 1917 (chapter 144, 39
Stat. 949; 68 Stat. 1264; 110 Stat. 3662; 113 Stat. 319), consisting of the
portion of the American River North Levee, upstream of Arden Way, from G.P.S.
coordinate 38.600948N 121.330599W to 38.592261N 121.334155W, is no longer
authorized beginning on the date of enactment of this Act.
SEC. 8323. SAN DIEGO RIVER AND MISSION BAY, SAN DIEGO COUNTY, CALIFORNIA.
(a) In General.--The project for flood control and navigation, San Diego
River and Mission Bay, San Diego County, California, authorized by the Act of
July 24, 1946 (chapter 595, 60 Stat. 636; 134 Stat. 2705), is modified to change
the authorized conveyance capacity of the project to a level determined
appropriate by the Secretary based on the actual capacity of the project, which
level may be further modified by the Secretary as necessary to account for sea
level rise.
(b) Operation and Maintenance Manual.--
(1) In general.--The non-Federal sponsor for the project described
in subsection (a) shall prepare for review and approval by the Secretary
a revised operation and maintenance manual for the project to implement
the modification described in subsection (a).
(2) Funding.--The non-Federal sponsor shall provide to the Secretary
funds sufficient to cover the costs incurred by the Secretary to review
and approve the manual described in paragraph (1), and the Secretary may
accept and expend such funds in the performance of such review and
approval.
(c) Emergency Repair and Restoration Assistance.--Upon approval by the
Secretary of the revised operation and maintenance manual required under
subsection (b), and subject to compliance by the non-Federal sponsor with the
requirements of such manual and with any other eligibility requirement
established by the Secretary, the project described in subsection (a) shall be
considered for assistance under section 5(a) of the Act of August 18, 1941 (33
U.S.C. 701n(a)).
SEC. 8324. ADDITIONAL ASSISTANCE FOR EASTERN SANTA CLARA BASIN, CALIFORNIA.
Section 111 of title I of division B of the Miscellaneous Appropriations
Act, 2001 (Public Law 106-554, appendix D, 114 Stat. 2763A-224 (as enacted by
section 1(a)(4) of the Consolidated Appropriations Act, 2001 (114 Stat. 2763));
121 Stat. 1209), is amended--
(1) in subsection (a), by inserting ``and volatile organic
compounds'' after ``perchlorates''; and
(2) in subsection (b)(3), by inserting ``and volatile organic
compounds'' after ``perchlorates''.
SEC. 8325. SAN FRANCISCO BAY, CALIFORNIA.
(a) Technical Amendment.--Section 203(a)(1)(A) of the Water Resources
Development Act of 2020 (134 Stat. 2675) is amended by striking ``ocean
shoreline'' and inserting ``bay and ocean shorelines''.
(b) Implementation.--In carrying out a study under section 142 of the Water
Resources Development Act of 1976 (90 Stat. 2930; 100 Stat. 4158), pursuant to
section 203(a)(1)(A) of the Water Resources Development Act of 2020 (as amended
by this section), the Secretary shall not differentiate between damages related
to high tide flooding and coastal storm flooding for the purposes of determining
the Federal interest or cost share.
SEC. 8326. SOUTH SAN FRANCISCO BAY SHORELINE, CALIFORNIA.
(a) In General.--Except for funds required for a betterment or for a locally
preferred plan, the Secretary shall not require the non-Federal interest for the
project for flood risk management, ecosystem restoration, and recreation, South
San Francisco Bay Shoreline, California, authorized by section 1401(6) of the
Water Resources Development Act of 2016 (130 Stat. 1714), to contribute funds
under an agreement entered into prior to the date of enactment of this Act in
excess of the total cash contribution required from the non-Federal interest for
the project under section 103 of the Water Resources Development Act of 1986 (33
U.S.C. 2213).
(b) Requirement.--The Secretary shall not, at any time, defer, suspend, or
terminate construction of the project described in subsection (a) solely on the
basis of a determination by the Secretary that an additional appropriation is
required to cover the Federal share of the cost to complete construction of the
project, if Federal funds, in an amount determined by the Secretary to be
sufficient to continue construction of the project, remain available in the
allocation for the project under the Long-Term Disaster Recovery Investment Plan
for amounts appropriated under the heading ``corps of engineers--civil--
department of the army--construction'' in title IV of subdivision 1 of division
B of the Bipartisan Budget Act of 2018 (Public Law 115-123; 132 Stat. 76).
SEC. 8327. DELAWARE SHORE PROTECTION AND RESTORATION.
(a) Delaware Beneficial Use of Dredged Material for the Delaware River,
Delaware.--
(1) In general.--At the request of the non-Federal interest for the
project for hurricane and storm damage risk reduction, Delaware
Beneficial Use of Dredged Material for the Delaware River, Delaware,
authorized by section 401(3) of the Water Resources Development Act of
2020 (134 Stat. 2736) (referred to in this subsection as the
``project''), the Secretary shall implement the project using borrow
sources that are alternatives to the Delaware River, Philadelphia to the
Sea, project, Delaware, New Jersey, Pennsylvania, authorized by the Act
of June 25, 1910 (chapter 382, 36 Stat. 637; 46 Stat. 921; 52 Stat. 803;
59 Stat. 14; 68 Stat. 1249; 72 Stat. 297).
(2) Interim authority.--Until the Secretary implements the
modification under paragraph (1), the Secretary is authorized, at the
request of a non-Federal interest, to carry out initial construction or
periodic nourishments at any site included in the project under--
(A) section 1122 of the Water Resources Development Act of
2016 (33 U.S.C. 2326 note); or
(B) section 204(d) of the Water Resources Development Act of
1992 (33 U.S.C. 2326(d)).
(3) Cost share.--The Federal share of the cost to construct and
periodically nourish the project, including the cost of any
modifications carried out under paragraph (1) and the incremental cost
of any placements carried out under paragraph (2)(B), shall be 90
percent.
(b) Delaware Emergency Shore Restoration.--
(1) In general.--The Secretary is authorized to repair or restore a
federally authorized hurricane and storm damage reduction structure or
project or a public beach located in the State of Delaware pursuant to
section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)), if--
(A) the structure, project, or public beach is damaged by
wind, wave, or water action associated with a Nor'easter; and
(B) the Secretary determines that the damage prevents--
(i) in the case of a structure or project, the
adequate functioning of the structure or project for the
authorized purposes of the structure or project; or
(ii) in the case of a public beach, the adequate
functioning of the beach as a natural barrier to
inundation, wave attack, or erosion coinciding with
hurricanes, coastal storms, or Nor'easters.
(2) Justification.--The Secretary may carry out a repair or
restoration activity under paragraph (1) without the need to demonstrate
that the activity is justified solely by national economic development
benefits if--
(A) the Secretary determines that--
(i) such activity is necessary to restore the
adequate functioning of the structure, project, or
public beach for the purposes described in paragraph
(1)(B), as applicable; and
(ii) such activity is warranted to protect against
loss to life or property of the community protected by
the structure, project, or public beach; and
(B) in the case of a public beach, the non-Federal interest
agrees to participate in, and comply with, applicable Federal
floodplain management and flood insurance programs.
(3) Prioritization.--Repair or restoration activities carried out by
the Secretary under paragraph (2) shall be given equal budgetary
consideration and priority as activities justified solely by national
economic development benefits.
(4) Limitations.--An activity carried out under paragraph (1) for a
public beach shall not--
(A) repair or restore the beach beyond its natural profile;
or
(B) be considered initial construction of the hurricane and
storm damage reduction project.
(5) Savings provision.--The authority provided by this subsection
shall be in addition to any authority provided by section 5(a) of the
Act of August 18, 1941 (33 U.S.C. 701n(a)) to repair or restore
federally authorized hurricane or shore protective structure or project
located in the State of Delaware damaged or destroyed by wind, wave, or
water action of other than an ordinary nature.
(6) Sunset.--The authority of the Secretary to carry out an activity
under paragraph (1) for a public beach shall expire on the date that is
10 years after the date of enactment of this Act.
(7) Definitions.--In this subsection:
(A) Nor'easter.--The term ``Nor'easter'' means a synoptic-
scale, extratropical cyclone in the western North Atlantic
Ocean.
(B) Public beach.--The term ``public beach'' means a beach
within the geographic boundary of an unconstructed federally
authorized hurricane and storm damage reduction project that
is--
(i) a publicly owned beach; or
(ii) a privately owned beach that is available for
public use, including the availability of reasonable
public access, in accordance with Engineer Regulation
1165-2-130, published by the Corps of Engineers, dated
June 15, 1989.
(c) Indian River Inlet and Bay, Delaware.--
(1) In general.--In carrying out major maintenance of the project
for navigation, Indian River Inlet and Bay, Delaware, authorized by the
first section of the Act of August 26, 1937 (chapter 832, 50 Stat. 846;
59 Stat. 14), the Secretary shall repair, restore, or relocate any non-
Federal public recreation facility that has been damaged, in whole or in
part, by the deterioration or failure of the project.
(2) Authorization of appropriations.--There is authorized to be
appropriated to carry out this subsection $10,000,000.
(d) Indian River Inlet Sand Bypass Plant, Delaware.--
(1) In general.--The project for hurricane-flood protection and
beach erosion control at Indian River Inlet, Delaware, commonly known as
the ``Indian River Inlet Sand Bypass Plant'', authorized by section 869
of the Water Resources Development Act of 1986 (100 Stat. 4182), is
modified to authorize the Secretary, at the request of a non-Federal
interest, to provide periodic nourishment through dedicated dredging or
other means to maintain or restore the functioning of such project
when--
(A) the sand bypass plant is inoperative; or
(B) operation of the sand bypass plant is insufficient to
maintain the functioning of the project.
(2) Cost share.--The non-Federal share of the cost of a cycle of
periodic nourishment provided pursuant to paragraph (1) shall be the
same percentage as the non-Federal share of the cost to operate the sand
bypass plant.
(e) Reprogramming for Coastal Storm Risk Management Project at Indian River
Inlet.--
(1) In general.--For each fiscal year, the Secretary may reprogram
amounts made available for any coastal storm risk management project to
use such amounts for the project for hurricane-flood protection and
beach erosion control at Indian River Inlet, Delaware, commonly known as
the ``Indian River Inlet Sand Bypass Plant'', authorized by section 869
of the Water Resources Development Act of 1986 (100 Stat. 4182).
(2) Limitations.--
(A) In general.--The Secretary may carry out not more than 2
reprogramming actions under paragraph (1) for each fiscal year.
(B) Amount.--For each fiscal year, the Secretary may
reprogram--
(i) not more than $100,000 per reprogramming action;
and
(ii) not more than $200,000 for each fiscal year.
SEC. 8328. ST. JOHNS RIVER BASIN, CENTRAL AND SOUTHERN FLORIDA.
The portions of the project for flood control and other purposes, Central
and Southern Florida, authorized by section 203 of the Flood Control Act of 1948
(62 Stat. 1176), consisting of the southernmost 3.5-mile reach of the L-73
levee, Section 2, Osceola County Florida, are no longer authorized beginning on
the date of enactment of this Act.
SEC. 8329. LITTLE PASS, CLEARWATER BAY, FLORIDA.
The portion of the project for navigation, Little Pass, Clearwater Bay,
Florida, authorized by section 101 of the River and Harbor Act of 1960 (74 Stat.
481), beginning with the most westerly 1,000 linear feet of the channel
encompassing all of Cut H, to include the turning basin, is no longer authorized
beginning on the date of enactment of this Act.
SEC. 8330. COMPREHENSIVE EVERGLADES RESTORATION PLAN, FLORIDA.
(a) In General.--Section 601(e)(5) of the Water Resources Development Act of
2000 (114 Stat. 2685; 121 Stat. 1269; 132 Stat. 3786) is amended--
(1) in subparagraph (D), by striking ``subparagraph (D)'' and
inserting ``subparagraph (E)''; and
(2) in subparagraph (E)--
(A) in clause (i), in the matter preceding subclause (I), by
striking ``during each 5-year period, beginning with
commencement of design of the Plan'' and inserting ``during each
period of 5 fiscal years, beginning on October 1, 2022'';
(B) in clause (ii), by inserting ``for each project in the
Plan'' before the period at the end; and
(C) by adding at the end the following:
``(iii) Accounting.--Not later than 90 days after
the end of each fiscal year, the Secretary shall provide
to the non-Federal sponsor a financial accounting of
non-Federal contributions under clause (i)(I) for such
fiscal year.
``(iv) Limitation.--In the case of an authorized
project for which a project partnership agreement has
not been executed and for which there is an agreement
under subparagraph (B)(i)(III), the Secretary--
``(I) shall consider all expenditures and
obligations incurred by the non-Federal sponsor
for land and in-kind services for the project in
determining the amount of any cash contribution
required from the non-Federal sponsor to satisfy
the cost-share requirements of this subsection;
and
``(II) may only require any such cash
contribution to be made at the end of each
period of 5 fiscal years under clause (i).''.
(b) Update.--The Secretary and the non-Federal interest shall revise the
Master Agreement for the Comprehensive Everglades Restoration Plan, executed in
2009 pursuant to section 601 of the Water Resources Development Act of 2000 (114
Stat. 2680), to reflect the amendment made by subsection (a).
SEC. 8331. PALM BEACH HARBOR, FLORIDA.
Beginning on the date of enactment of this Act, the project for navigation,
Palm Beach Harbor, Florida, for which assumption of maintenance was authorized
by section 202 of the Water Resources Development Act of 1986 (100 Stat. 4093),
is modified to deauthorize the portion of the project, known as the Northern
Turning Basin, consisting of an approximate 209,218-square foot area (4.803
acres) of the Federal northern turning basin within Palm Beach Harbor, starting
at a point with coordinates N887149.6299, E965813.7673; thence running
N4605'59''E for 106.07 feet to a point with coordinates N887223.1767,
E965890.1929; thence running S8854'01''E for 393.00 feet to a point with
coordinates N887215.6342, E966283.1205; thence running S3248'37''E for 433.78
feet to a point with coordinates N886851.0560, E966518.1668; thence running
N8854'01''W for 710.00 feet to a point with coordinates N886864.6824,
E965808.2975; thence running N0105'59''E for 285.00 feet to the point of
origin.
SEC. 8332. PORT EVERGLADES, FLORIDA.
Section 1401(1) of the Water Resources Development Act of 2016 (130 Stat.
1709) is amended, in row 4 (relating to the project for navigation, Port
Everglades, Florida)--
(1) by striking ``$229,770,000'' and inserting ``$529,700,000'';
(2) by striking ``$107,233,000'' and inserting ``$247,209,000''; and
(3) by striking ``$337,003,000'' and inserting ``$776,909,000''.
SEC. 8333. SOUTH FLORIDA ECOSYSTEM RESTORATION TASK FORCE.
Section 528(f)(1)(J) of the Water Resources Development Act of 1996 (110
Stat. 3771) is amended by striking ``2 representatives of the State of
Florida,'' and inserting ``3 representatives of the State of Florida, including
at least 1 representative of the Florida Department of Environmental Protection
and 1 representative of the Florida Fish and Wildlife Conservation
Commission,''.
SEC. 8334. NEW SAVANNAH BLUFF LOCK AND DAM, GEORGIA AND SOUTH CAROLINA.
Section 1319(c) of the Water Resources Development Act of 2016 (130 Stat.
1704) is amended by striking paragraph (2) and inserting the following:
``(2) Cost share.--
``(A) In general.--The costs of construction of a Project
feature constructed pursuant to paragraph (1) shall be
determined in accordance with section 101(a)(1)(B) of the Water
Resources Development Act of 1986 (33 U.S.C. 2211(a)(1)(B)).
``(B) Savings provision.--Any increase in costs for the
Project due to the construction of a Project feature constructed
pursuant to paragraph (1) shall not be included in the total
project cost for purposes of section 902 of the Water Resources
Development Act of 1986 (33 U.S.C. 2280).''.
SEC. 8335. LITTLE WOOD RIVER, GOODING, IDAHO.
Section 3057 of the Water Resources Development Act of 2007 (121 Stat. 1120)
is amended--
(1) in subsection (a)(2), by striking ``$9,000,000'' and inserting
``$40,000,000''; and
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting the following:
``(1) Planning, design, and reconstruction costs.--The Federal share
of planning, design, and reconstruction costs for a project under this
section, including any work associated with bridges, shall be 90
percent.''; and
(B) by adding at the end the following:
``(3) In-kind contributions.--The non-Federal interest may provide
and receive credit for in-kind contributions for a project carried out
under this section, consistent with section 221(a)(4) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)).
``(4) Cash contribution not applicable.--The requirement under
section 103(a)(1)(A) of the Water Resources Development Act of 1986 (33
U.S.C. 2213(a)(1)(A)) for a non-Federal interest to provide 5 percent of
the cost of a project carried out under this section shall not apply
with respect to the project.
``(5) Payment options.--At the request of the non-Federal interest
for a project carried out under this section and subject to available
funding, the non-Federal contribution for construction of the project
shall be financed in accordance with the provisions of section 103(k) of
the Water Resources Development Act of 1986 (33 U.S.C. 2213(k)) over a
period of thirty years from the date of completion of the project.''.
SEC. 8336. CHICAGO SHORELINE PROTECTION.
The project for storm damage reduction and shoreline erosion protection,
Lake Michigan, Illinois, from Wilmette, Illinois, to the Illinois-Indiana State
line, authorized by section 101(a)(12) of the Water Resources Development Act of
1996 (110 Stat. 3664), is modified to authorize the Secretary to provide 65
percent of the cost of the locally preferred plan, as described in the Report of
the Chief of Engineers, dated April 14, 1994, for the construction of the
following segments of the project:
(1) Shoreline revetment at Morgan Shoal.
(2) Shoreline revetment at Promontory Point.
SEC. 8337. GREAT LAKES AND MISSISSIPPI RIVER INTERBASIN PROJECT, BRANDON ROAD,
WILL COUNTY, ILLINOIS.
(a) In General.--Section 402(a)(1) of the Water Resources Development Act of
2020 (134 Stat. 2742) is amended by striking ``80 percent'' and inserting ``90
percent''.
(b) Local Cooperation Requirements.--At the request of the applicable non-
Federal interests for the project for ecosystem restoration, Great Lakes and
Mississippi River Interbasin project, Brandon Road, Will County, Illinois,
authorized by section 401(a)(5) of the Water Resources Development Act of 2020
(134 Stat. 2740), the Secretary shall not require such non-Federal interests to
be jointly and severally liable for all non-Federal obligations in the project
partnership agreement for the project.
SEC. 8338. SOUTHEAST DES MOINES, SOUTHWEST PLEASANT HILL, IOWA.
(a) Project Modifications.--The project for flood control and other
purposes, Red Rock Dam and Lake, Des Moines River, Iowa (referred to in this
section as the ``Red Rock Dam Project''), authorized by section 10 of the Act of
December 22, 1944 (chapter 665, 58 Stat. 896), and the project for local flood
protection, Des Moines Local Flood Protection, Des Moines River, Iowa (referred
to in this section as ``Flood Protection Project''), authorized by such section,
shall be modified as follows, subject to a new or amended agreement between the
Secretary and the non-Federal interest for the Flood Protection Project, the
City of Des Moines, Iowa (referred to in this section as the ``City''), in
accordance with section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b):
(1) That portion of the Red Rock Dam Project consisting of the
segment of levee from Station 15+88.8W to Station 77+43.7W shall be
transferred to the Flood Protection Project.
(2) The relocated levee improvement constructed by the City, from
Station 77+43.7W to approximately Station 20+00, shall be included in
the Flood Protection Project.
(b) Federal Easement Conveyances.--
(1) In general.--The Secretary is authorized to convey the following
easements, acquired by the Federal Government for the Red Rock Dam
Project, to the City to become part of the Flood Protection Project in
accordance with subsection (a):
(A) Easements identified as Tracts 3215E-1, 3235E, and
3227E.
(B) Easements identified as Partial Tracts 3216E-2, 3216E-3,
3217E-1, and 3217E-2.
(2) Additional conveyances authorized.--After execution of a new or
amended agreement pursuant to subsection (a) and conveyance of the
easements under paragraph (1), the Secretary is authorized to convey the
following easements, by quitclaim deed, without consideration, acquired
by the Federal Government for the Red Rock Dam project, to the City or
to the Des Moines Metropolitan Wastewater Reclamation Authority and no
longer required for the Red Rock Dam Project or for the Des Moines Local
Flood Protection Project:
(A) Easements identified as Tracts 3200E, 3202E-1, 3202E-2,
3202E-4, 3203E-2, 3215E-3, 3216E-1, and 3216E-5.
(B) Easements identified as Partial Tracts 3216E-2, 3216E-3,
3217E-1, and 3217E-2.
(3) Easement disposal process and fees.--All real property interests
conveyed under this subsection shall be subject to the standard release
of easement disposal process. All administrative fees associated with
the transfer of the subject easements to the City or to the Des Moines
Metropolitan Wastewater Reclamation Authority will be borne by the
transferee.
SEC. 8339. CITY OF EL DORADO, KANSAS.
(a) In General.--The Secretary shall amend the contract described in
subsection (b) between the United States and the City of El Dorado, Kansas,
relating to storage space for water supply, to change the method of calculation
of the interest charges that began accruing on June 30, 1991, on the investment
costs for the 72,087 acre-feet of future use storage space, from compounding
interest annually to charging simple interest annually on the principal amount,
until--
(1) the City of El Dorado informs the Secretary of the desire to
convert the future use storage space to present use; and
(2) the principal amount plus the accumulated interest becomes
payable pursuant to the terms of the contract.
(b) Contract Described.--The contract referred to in subsection (a) is the
contract between the United States and the City of El Dorado, Kansas, for the
use by the City of El Dorado of storage space for water supply in El Dorado
Lake, Kansas, entered into on June 30, 1972, and titled Contract DACW56-72-C-
0220.
SEC. 8340. ALGIERS CANAL LEVEES, LOUISIANA.
(a) In General.--In accordance with section 328 of the Water Resources
Development Act of 1999 (113 Stat. 304; 121 Stat. 1129), the Secretary shall
resume operation, maintenance, repair, rehabilitation, and replacement of the
Algiers Canal Levees, Louisiana, at full Federal expense.
(b) Technical Amendment.--Section 328(c) of the Water Resources Development
Act of 1999 (113 Stat. 304; 121 Stat. 1129) is amended by inserting ``described
in subsection (b)'' after ``the project''.
SEC. 8341. MISSISSIPPI RIVER GULF OUTLET, LOUISIANA.
The Federal share of the cost of the project for ecosystem restoration,
Mississippi River Gulf Outlet, Louisiana, authorized by section 7013(a)(4) of
the Water Resources Development Act of 2007 (121 Stat. 1281), shall be 100
percent.
SEC. 8342. CAMP ELLIS, SACO, MAINE.
(a) In General.--The project being carried out under section 111 of the
River and Harbor Act of 1968 (33 U.S.C. 426i) for the mitigation of shore
damages attributable to the project for navigation, Camp Ellis, Saco, Maine, is
modified as follows:
(1) The maximum amount of Federal funds that may be expended for the
project shall be $45,000,000.
(2) The project may include Federal participation in periodic
nourishment.
(3) For purposes of subsection (b) of section 111 of the River and
Harbor Act of 1968 (33 U.S.C. 426i(b)), the Secretary shall determine
that the navigation works to which the shore damages are attributable
were constructed at Federal expense.
(b) Conforming Amendment.--Section 3085 of the Water Resources Development
Act of 2007 (121 Stat. 1129), and the item relating to such section in the table
of contents for such Act, are repealed.
SEC. 8343. LOWER MISSISSIPPI RIVER COMPREHENSIVE MANAGEMENT STUDY.
Section 213 of the Water Resources Development Act of 2020 (134 Stat. 2684)
is amended by adding at the end the following:
``(j) Cost Share.--The Federal share of the cost of the comprehensive study
carried out under subsection (a), and any feasibility study carried out under
subsection (e), shall be 100 percent.''.
SEC. 8344. UPPER MISSISSIPPI RIVER PROTECTION.
Section 2010 of the Water Resources Reform and Development Act of 2014 (128
Stat. 1270; 132 Stat. 3812) is amended by adding at the end the following:
``(f) Limitation.--The Secretary shall not recommend deauthorization of the
Upper St. Anthony Falls Lock and Dam pursuant to the disposition study carried
out under subsection (d) unless the Secretary identifies a willing and capable
non-Federal public entity to assume ownership of the Upper St. Anthony Falls
Lock and Dam.
``(g) Modification.--The Secretary is authorized to investigate the
feasibility of modifying, prior to deauthorizing, the Upper St. Anthony Falls
Lock and Dam to add ecosystem restoration, including the prevention and control
of invasive species, water supply, and recreation as authorized purposes.''.
SEC. 8345. UPPER MISSISSIPPI RIVER RESTORATION PROGRAM.
Section 1103(e)(3) of the Water Resources Development Act of 1986 (33 U.S.C.
652(e)(3)) is amended by striking ``$40,000,000'' and inserting ``$75,000,000''.
SEC. 8346. WATER LEVEL MANAGEMENT ON THE UPPER MISSISSIPPI RIVER AND ILLINOIS
WATERWAY.
(a) In General.--As part of the operation and maintenance of the navigation
channel projects on the Upper Mississippi River, including all projects
authorized for navigation of the Mississippi River from the mouth of the
Missouri River to Minneapolis, authorized by the first section of the Act of
July 3, 1930 (chapter 847, 46 Stat. 927; 49 Stat. 1034; 50 Stat. 848; 59 Stat.
19; 72 Stat. 298; 92 Stat. 1695; 95 Stat. 1634; 100 Stat. 4208; 100 Stat. 4213;
100 Stat. 4228; 102 Stat. 4027; 104 Stat. 4613; 106 Stat. 4806; 106 Stat. 4811;
110 Stat. 3716; 121 Stat. 1283; 128 Stat. 1270; 132 Stat. 3812; 134 Stat. 2704),
and as part of the operation and maintenance of the navigation channel projects
on the Illinois River, Illinois (also called the Illinois Waterway), authorized
by the first section of the Act of January 21, 1927 (chapter 47, 44 Stat. 1013;
46 Stat. 929; 49 Stat. 1035; 49 Stat. 1036; 52 Stat. 805; 59 Stat. 19; 60 Stat.
636; 72 Stat. 302; 82 Stat. 735; 100 Stat. 4208; 106 Stat. 4806; 121 Stat. 1283;
128 Stat. 1351), the Secretary is authorized to and shall carry out water level
management activities to help redress the degrading influences of prolonged
inundation or sedimentation from such projects, and to improve the quality and
quantity of habitat available for fish and wildlife.
(b) Conditions on Drawdowns.--In carrying out subsection (a), the Secretary
shall carry out routine and systemic water level drawdowns of the pools created
by the locks and dams of the projects described in subsection (a), including
drawdowns during the growing season, when--
(1) hydrologic conditions allow the Secretary to carry out a
drawdown within applicable dam operating plans; or
(2) hydrologic conditions allow the Secretary to carry out a
drawdown and sufficient funds are available to the Secretary to carry
out any additional activities that may be required to ensure that the
drawdown does not adversely affect navigation.
(c) Coordination and Notification.--
(1) Coordination.--The Secretary shall use existing coordination and
consultation processes to regularly coordinate and consult with other
relevant Federal agencies and States regarding the planning and
assessment of water level management actions implemented under this
section.
(2) Notification and opportunity for comment.--Prior to carrying out
any activity under this section, the Secretary shall provide to the
public and to navigation interests and other interested stakeholders
notice and an opportunity for comment on such activity.
(d) Report.--Not later than December 31, 2028, the Secretary shall make
publicly available (including on a publicly available website) and submit to the
Committee on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate a report that
describes any activity carried out under this section and the effects of such
activity.
SEC. 8347. MISSISSIPPI DELTA HEADWATERS, MISSISSIPPI.
As part of the authority of the Secretary to carry out the project for flood
damage reduction, bank stabilization, and sediment and erosion control, Yazoo
Basin, Mississippi Delta Headwaters, Mississippi, authorized pursuant to the
matter under the heading ``enhancement of water resource benefits and for
emergency disaster work'' in title I of Public Law 98-8 (97 Stat. 22), the
Secretary may carry out emergency maintenance activities, as the Secretary
determines to be necessary, for features of the project completed before the
date of enactment of this Act.
SEC. 8348. SENSE OF CONGRESS RELATING TO OKATIBBEE LAKE, MISSISSIPPI.
It is the sense of Congress that--
(1) there is significant shoreline sloughing and erosion at the
Okatibbee Lake portion of the project for flood protection, Chunky
Creek, Chickasawhay and Pascagoula Rivers, Mississippi, authorized by
section 203 of the Flood Control Act of 1962 (76 Stat. 1183), which has
the potential to impact infrastructure, damage property, and put lives
at risk; and
(2) addressing shoreline sloughing and erosion at a project of the
Secretary, including at a location leased by non-Federal entities such
as Okatibbee Lake, is an activity that is eligible to be carried out by
the Secretary as part of the operation and maintenance of such project.
SEC. 8349. ARGENTINE, EAST BOTTOMS, FAIRFAX-JERSEY CREEK, AND NORTH KANSAS
LEVEES UNITS, MISSOURI RIVER AND TRIBUTARIES AT KANSAS CITIES,
MISSOURI AND KANSAS.
(a) In General.--The project for flood control, Kansas Citys on Missouri and
Kansas Rivers in Missouri and Kansas, authorized by section 5 of the Act of June
22, 1936 Flood Control Act of 1936 (chapter 688, 49 Stat. 1588; 58 Stat. 897;
121 Stat. 1054) is modified to direct the Secretary to--
(1) construct access manholes, or other features, in the Fairfax
portion of such project to allow for regular inspection of project
features if the Secretary determines that such work is--
(A) not required as a result of improper operation and
maintenance of the project by the nonFederal interest; and
(B) technically feasible and environmentally acceptable; and
(2) plan, design, and carry out the construction described in
paragraph (1) as a continuation of the construction of such project.
(b) Cost Sharing.--The Federal share of the cost of planning, design, and
construction of access manholes or other features under this section shall be 90
percent.
SEC. 8350. LOWER MISSOURI RIVER STREAMBANK EROSION CONTROL EVALUATION AND
DEMONSTRATION PROJECTS.
(a) In General.--The Secretary is authorized to carry out streambank erosion
control evaluation and demonstration projects in the Lower Missouri River
through contracts with non-Federal interests, including projects for streambank
protection and stabilization.
(b) Area.--The Secretary shall carry out demonstration projects under this
section on the reach of the Missouri River between Sioux City, Iowa, and the
confluence of the Missouri River and the Mississippi River.
(c) Requirements.--In carrying out subsection (a), the Secretary shall--
(1) conduct an evaluation of the extent of streambank erosion on the
Lower Missouri River; and
(2) develop new methods and techniques for streambank protection,
research soil stability, and identify the causes of erosion.
(d) Report.--Not later than 1 year after the date of enactment of this Act,
the Secretary shall submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Environment and Public
Works of the Senate a report describing the results of the demonstration
projects carried out under this section, including any recommendations for
methods to prevent and correct streambank erosion.
(e) Authorization of Appropriations.--There is authorized to be appropriated
to carry out this section $15,000,000, to remain available until expended.
(f) Sunset.--The authority of the Secretary to enter into contracts under
subsection (a) shall expire on the date that is 5 years after the date of
enactment of this Act.
SEC. 8351. MISSOURI RIVER INTERCEPTION-REARING COMPLEXES.
(a) In General.--Notwithstanding section 129 of the Water Resources
Development Act of 2020 (134 Stat. 2643), and subject to subsection (b), the
Secretary is authorized to carry out the construction of an interception-rearing
complex at each of Plowboy Bend A (River Mile: 174.5 to 173.2) and Pelican Bend
B (River Mile: 15.8 to 13.4) on the Missouri River.
(b) Analysis and Mitigation of Risk.--
(1) Analysis.--Prior to construction of the interception-rearing
complexes under subsection (a), the Secretary shall perform an analysis
to identify whether the interception-rearing complexes will--
(A) contribute to an increased risk of flooding to adjacent
lands and properties, including local levees;
(B) affect the navigation channel, including crossflows,
velocity, channel depth, and channel width;
(C) affect the harvesting of sand;
(D) affect ports and harbors; or
(E) contribute to bank erosion on adjacent private lands.
(2) Mitigation.--The Secretary may not construct an interception-
rearing complex under subsection (a) until the Secretary successfully
mitigates any effects described in paragraph (1) with respect to such
interception-rearing complex.
(c) Report.--Not later than 1 year after completion of the construction of
the interception-rearing complexes under subsection (a), the Secretary shall
submit to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of the Senate
a report describing the extent to which the construction of such interception-
rearing complexes affected the population recovery of pallid sturgeon in the
Missouri River.
(d) Conforming Amendment.--Section 129(b) of the Water Resources Development
Act of 2020 (134 Stat. 2643) is amended by redesignating paragraphs (2) and (3)
as paragraphs (3) and (4), respectively, and inserting after paragraph (1) the
following:
``(2) submits the report required by section 318(c) of the Water
Resources Development Act of 2022;''.
SEC. 8352. MISSOURI RIVER MITIGATION PROJECT, MISSOURI, KANSAS, IOWA, AND
NEBRASKA.
(a) Use of Other Funds.--
(1) In general.--Section 334 of the Water Resources Development Act
of 1999 (113 Stat. 306) is amended by adding at the end the following:
``(c) Use of Other Funds.--
``(1) In general.--The Secretary shall consult with other Federal
agencies to determine if lands or interests in lands acquired by such
other Federal agencies--
``(A) meet the purposes of the Missouri River Mitigation
Project, Missouri, Kansas, Iowa, and Nebraska, authorized by
section 601(a) of the Water Resources Development Act of 1986
(100 Stat. 4143; 113 Stat. 306; 121 Stat. 1155); and
``(B) whether such lands are restricted by such other
Federal agencies from being applied toward the total number of
acres required under subsection (a).
``(2) Application of lands.--Upon making a determination under
paragraph (1) that lands or interests in lands acquired by a Federal
agency meet the purposes of the project described in paragraph (1)(A)
and that such lands are not otherwise restricted, the Secretary shall
apply the lands or interests in lands acquired toward the total number
of acres required under subsection (a), regardless of the source of the
Federal funds used to acquire such lands or interests in lands.
``(3) Savings provision.--Nothing in this subsection authorizes any
transfer of administrative jurisdiction over any lands or interests in
lands acquired by a Federal agency that are applied toward the total
number of acres required under subsection (a) pursuant to this
subsection.''.
(2) Report required.--
(A) In general.--Not later than 180 days after the enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report identifying the lands or interests
in lands acquired with Federal funds that the Secretary
determines, pursuant to section 344(c)(1) of the Water Resources
Development Act of 1999, meet the purposes of the Missouri River
Mitigation Project, Missouri, Kansas, Iowa, and Nebraska,
authorized by section 601(a) of the Water Resources Development
Act of 1986 (100 Stat. 4143; 113 Stat. 306; 121 Stat. 1155).
(B) Contents.--The Secretary shall include in the report
submitted under subparagraph (A) a justification for any lands
or interests in lands acquired with Federal funding that the
Secretary determines will not be applied toward the total number
of acres required under section 334(a) of the Water Resources
Development Act of 1999 (113 Stat. 306).
(b) Flood Risk Management Benefits.--The project for mitigation of fish and
wildlife losses, Missouri River Bank Stabilization and Navigation Project,
Missouri, Kansas, Iowa, and Nebraska, authorized by section 601(a) of the Water
Resources Development Act of 1986 (100 Stat. 4143; 113 Stat. 306; 121 Stat.
1155), is modified to authorize the Secretary to consider incidental flood risk
management benefits when acquiring land for the project.
SEC. 8353. NORTHERN MISSOURI.
(a) Establishment of Program.--The Secretary may establish a program to
provide environmental assistance to non-Federal interests in northern Missouri.
(b) Form of Assistance.--Assistance provided under this section may be in
the form of design and construction assistance for water-related environmental
infrastructure and resource protection and development projects in northern
Missouri, including projects for wastewater treatment and related facilities,
water supply and related facilities, environmental restoration, and surface
water resource protection and development.
(c) Ownership Requirement.--The Secretary may provide assistance for a
project under this section only if the project is publicly owned.
(d) Partnership Agreements.--
(1) In general.--Before providing assistance under this section to a
non-Federal interest, the Secretary shall enter into a partnership
agreement under section 221 of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b) with the non-Federal interest with respect to the project to
be carried out with such assistance.
(2) Requirements.--Each partnership agreement for a project entered
into under this subsection shall provide for the following:
(A) Development by the Secretary, in consultation with
appropriate Federal and State officials, of a facilities or
resource protection and development plan, including appropriate
engineering plans and specifications.
(B) Establishment of such legal and institutional structures
as are necessary to ensure the effective long-term operation of
the project by the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the cost of a project
carried out under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for interest.--In case of a delay in the funding
of the Federal share of a project that is the subject of a
partnership agreement under this section, the non-Federal
interest shall receive credit for reasonable interest incurred
in providing the non-Federal share of the project cost.
(C) Credit for land, easements, and rights-of-way.--
Notwithstanding section 221(a)(4)(G) of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b(a)(4)(G)), the non-Federal interest
shall receive credit for land, easements, rights-of-way, and
relocations toward the non-Federal share of project cost
(including all reasonable costs associated with obtaining
permits necessary for the construction, operation, and
maintenance of the project on publicly owned or controlled
land), but such credit may not exceed 25 percent of total
project costs.
(D) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for projects constructed with
assistance provided under this section shall be 100 percent.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated $50,000,000
to carry out this section.
(2) Corps of engineers expenses.--Not more than 10 percent of the
amounts made available to carry out this section may be used by the
Corps of Engineers district offices to administer projects under this
section at Federal expense.
(f) Northern Missouri Defined.--In this section, the term ``northern
Missouri'' means the counties of Buchanan, Marion, Platte, and Clay, Missouri.
SEC. 8354. ISRAEL RIVER, LANCASTER, NEW HAMPSHIRE.
The project for flood control, Israel River, Lancaster, New Hampshire,
carried out under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s),
is no longer authorized beginning on the date of enactment of this Act.
SEC. 8355. MIDDLE RIO GRANDE FLOOD PROTECTION, BERNALILLO TO BELEN, NEW MEXICO.
The non-Federal share of the cost of the project for flood risk management,
Middle Rio Grande, Bernalillo to Belen, New Mexico, authorized by section 401(2)
of the Water Resources Development Act of 2020 (134 Stat. 2735), shall be 25
percent.
SEC. 8356. ECOSYSTEM RESTORATION, HUDSON-RARITAN ESTUARY, NEW YORK AND NEW
JERSEY.
(a) In General.--The Secretary may carry out additional feasibility studies
for the project ecosystem restoration, Hudson-Raritan Estuary, New York and New
Jersey, authorized by section 401(5) of the Water Resources Development Act of
2020 (134 Stat. 2739), including an examination of measures and alternatives at
Baisley Pond Park and the Richmond Terrace Wetlands.
(b) Treatment.--A feasibility study carried out under subsection (a) shall
be considered a continuation of the study that formulated the project for
ecosystem restoration, Hudson-Raritan Estuary, New York and New Jersey,
authorized by section 401(5) of the Water Resources Development Act of 2020 (134
Stat. 2740).
SEC. 8357. ARKANSAS RIVER CORRIDOR, OKLAHOMA.
Section 3132 of the Water Resources Development Act of 2007 (121 Stat. 1141)
is amended by striking subsection (b) and inserting the following:
``(b) Authorized Cost.--The Secretary is authorized to carry out
construction of projects under this section at a total cost of $128,400,000,
with the cost shared in accordance with section 103 of the Water Resources
Development Act of 1986 (33 U.S.C. 2213).
``(c) Additional Feasibility Studies Authorized.--
``(1) In general.--The Secretary is authorized to carry out
feasibility studies for purposes of recommending to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
additional projects under this section.
``(2) Treatment.--An additional feasibility study carried out under
this subsection shall be considered a continuation of the feasibility
study that formulated any project carried out under subsection (a).''.
SEC. 8358. COPAN LAKE, OKLAHOMA.
(a) In General.--The Secretary shall amend the contract described in
subsection (c) between the United States and the Copan Public Works Authority,
relating to the use of storage space for water supply in Copan Lake, Oklahoma,
to--
(1) release to the United States all rights of the Copan Public
Works Authority to utilize 4,750 acre-feet of future use water storage
space; and
(2) relieve the Copan Public Works Authority from all financial
obligations, to include the initial project investment costs and the
accumulated interest on unpaid project investment costs, for the volume
of water storage space described in paragraph (1).
(b) Requirement.--During the 2-year period beginning on the effective date
of the contract amendment under subsection (a), the Secretary shall--
(1) provide the City of Bartlesville, Oklahoma, with the right of
first refusal to contract for the utilization of storage space for water
supply for any portion of the storage space that was released by the
Authority under subsection (a); and
(2) ensure that the City of Bartlesville, Oklahoma, shall not pay
more than 110 percent of the initial project investment cost per acre-
foot of storage for the acre-feet of storage space sought under an
agreement under paragraph (1).
(c) Contract Described.--The contract referred to in subsection (a) is the
contract between the United States and the Copan Public Works Authority for the
use of storage space for water supply in Copan Lake, Oklahoma, entered into on
June 22, 1981, and titled Contract DACW56-81-C-0114.
SEC. 8359. SOUTHWESTERN OREGON.
(a) Establishment of Program.--The Secretary may establish a program to
provide environmental assistance to non-Federal interests in southwestern
Oregon.
(b) Form of Assistance.--Assistance provided under this section may be in
the form of design and construction assistance for water-related environmental
infrastructure and resource protection and development projects in southwestern
Oregon, including projects for wastewater treatment and related facilities,
water supply and related facilities, environmental restoration, and surface
water resource protection and development.
(c) Ownership Requirement.--The Secretary may provide assistance for a
project under this section only if the project is publicly owned.
(d) Partnership Agreements.--
(1) In general.--Before providing assistance under this section to a
non-Federal interest, the Secretary shall enter into a partnership
agreement under section 221 of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b) with the non-Federal interest with respect to the project to
be carried out with such assistance.
(2) Requirements.--Each partnership agreement for a project entered
into under this subsection shall provide for the following:
(A) Development by the Secretary, in consultation with
appropriate Federal and State officials, of a facilities or
resource protection and development plan, including appropriate
engineering plans and specifications.
(B) Establishment of such legal and institutional structures
as are necessary to ensure the effective long-term operation of
the project by the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the cost of a project
carried out under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for interest.--In case of a delay in the funding
of the Federal share of a project that is the subject of a
partnership agreement under this section, the non-Federal
interest shall receive credit for reasonable interest incurred
in providing the non-Federal share of the project cost.
(C) Credit for land, easements, and rights-of-way.--
Notwithstanding section 221(a)(4)(G) of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b(a)(4)(G)), the non-Federal interest
shall receive credit for land, easements, rights-of-way, and
relocations toward the non-Federal share of project cost
(including all reasonable costs associated with obtaining
permits necessary for the construction, operation, and
maintenance of the project on publicly owned or controlled
land), but such credit may not exceed 25 percent of total
project costs.
(D) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for projects constructed with
assistance provided under this section shall be 100 percent.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated $50,000,000
to carry out this section.
(2) Corps of engineers expense.--Not more than 10 percent of the
amounts made available to carry out this section may be used by the
Corps of Engineers district offices to administer projects under this
section at Federal expense.
(f) Southwestern Oregon Defined.--In this section, the term ``southwestern
Oregon'' means the counties of Benton, Coos, Curry, Douglas, Lane, Linn, and
Josephine, Oregon.
SEC. 8360. YAQUINA RIVER, OREGON.
The Secretary shall not require the non-Federal interest for the project for
navigation, Yaquina River, Oregon, authorized by the first section of the Act of
March 4, 1913 (chapter 144, 37 Stat. 819), to--
(1) provide a floating plant to the United States for use in
maintaining the project; or
(2) provide funds in an amount determined by the Secretary to be
equivalent to the value of the floating plant as a non-Federal
contribution to the cost of maintaining the project.
SEC. 8361. LOWER BLACKSTONE RIVER, RHODE ISLAND.
The project being carried out under section 206 of the Water Resources
Development Act of 1996 (33 U.S.C. 2330) for ecosystem restoration, Lower
Blackstone River, Rhode Island, is modified as follows:
(1) The maximum amount of Federal funds that may be expended for the
project shall be $15,000,000.
(2) If the Secretary includes in the project a measure on Federal
land under the jurisdiction of another Federal agency, the Secretary may
enter into an agreement with such agency that grants permission for the
Secretary to--
(A) construct the measure on the land under the jurisdiction
of such agency; and
(B) operate and maintain the measure using funds provided to
the Secretary by the non-Federal interest for the project.
(3) If the Secretary includes in the project a measure for fish
passage at a dam licensed for hydropower, the Secretary shall include in
the project costs all costs for such measure, except that those costs
that are in excess of the costs to provide fish passage at the dam if
hydropower improvements were not in place shall be at 100 percent non-
Federal expense.
SEC. 8362. CHARLESTON HARBOR, SOUTH CAROLINA.
The Secretary shall reimburse the non-Federal interest for project for
navigation, Charleston Harbor, South Carolina, authorized by section 1401(1) of
the Water Resources Development Act of 2016 (130 Stat. 1708), for advanced funds
provided by the non-Federal interest for construction of the project that exceed
the non-Federal share of the cost of construction of the project as soon as
practicable after the completion of each individual contract for the project.
SEC. 8363. COLLETON COUNTY, SOUTH CAROLINA.
Notwithstanding subparagraph (C)(i) of section 221(a)(4) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)), the non-Federal interest for the
project for hurricane and storm damage risk reduction, Colleton County, South
Carolina, authorized by section 1401(3) of the Water Resources Development Act
of 2016 (130 Stat. 1711), may receive credit under subparagraph (A) of such
section 221(a)(4) for the cost of construction carried out before the date of
enactment of this Act.
SEC. 8364. ENSLEY LEVEE, TENNESSEE.
(a) In General.--Section 353(b)(1) of the Water Resources Development Act of
2020 (134 Stat. 2721) is amended by striking ``and Nonconnah Creek'' and
inserting ``, Nonconnah Creek, and Ensley''.
(b) Resumption of Maintenance.--The Secretary shall resume operation and
maintenance of Ensley levee system portion of the project described in the
modification made by subsection (a) pursuant to the requirements of section
353(b)(1) of the Water Resources Development Act of 2020 (134 Stat. 2721).
SEC. 8365. WOLF RIVER HARBOR, TENNESSEE.
Beginning on the date of enactment of this Act, the project for navigation,
Wolf River Harbor, Tennessee, authorized by section 202 of the National
Industrial Recovery Act (48 Stat. 201; 49 Stat. 1034; 72 Stat. 308), is modified
to reduce, in part, the authorized dimensions of the project, such that the
remaining authorized dimensions are as follows:
(1) A 250-foot-wide, 9-foot-depth channel with a center line
beginning at an approximate point of 35.139634, -90.062343 and extending
approximately 1,300 feet to an approximate point of 35.142077, -
90.059107.
(2) A 200-foot-wide, 9-foot-depth channel with a center line
beginning at an approximate point of 35.142077, -90.059107 and extending
approximately 1,800 feet to an approximate point of 35.1467861, -
90.057003.
(3) A 250-foot-wide, 9-foot-depth channel with a center line
beginning at an approximate point of 35.1467861, -90.057003 and
extending approximately 5,550 feet to an approximate point of 35.160848,
-90.050566.
SEC. 8366. ADDICKS AND BARKER RESERVOIRS, TEXAS.
The Secretary is authorized to provide, pursuant to section 206 of the Flood
Control Act of 1960 (33 U.S.C. 709a), information and advice to non-Federal
interests on the removal of sediment obstructing inflow channels to the Addicks
and Barker Reservoirs, authorized pursuant to the project for Buffalo Bayou and
its tributaries, Texas, under section 3a of the Act of August 11, 1939 (chapter
699, 53 Stat. 1414; 68 Stat. 1258).
SEC. 8367. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, TEXAS.
The project for ecosystem restoration, North Padre Island, Corpus Christi
Bay, Texas, authorized under section 556 of the Water Resources Development Act
of 1999 (113 Stat. 353), shall not be eligible for repair and restoration
assistance under section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)).
SEC. 8368. NUECES COUNTY, TEXAS.
(a) In General.--Upon receipt of a written request from the owner of land
subject to a covered easement, the Secretary shall, without consideration,
release or otherwise convey the covered easement to the holder of such easement,
if the Secretary determines that the covered easement is no longer required for
purposes of navigation.
(b) Survey To Obtain Legal Description.--The exact acreage and legal
description of any covered easements to be released or otherwise conveyed under
this section shall be determined by a survey that is satisfactory to the
Secretary.
(c) Costs.--An entity to which a release or conveyance is made under this
section shall be responsible for all reasonable and necessary costs, including
real estate transaction and environmental documentation costs, associated with
the release or conveyance.
(d) Additional Terms and Conditions.--The Secretary may require that the
release or conveyance of a covered easement under this section be subject to
such additional terms and conditions as the Secretary determines necessary and
appropriate to protect the interests of the United States.
(e) Definition of Covered Easement.--In this subsection, the term ``covered
easement'' means an easement held by the United States for purposes of
navigation in Nueces County, Texas.
SEC. 8369. LAKE CHAMPLAIN CANAL, VERMONT AND NEW YORK.
Section 5146 of the Water Resources Development Act of 2007 (121 Stat. 1255)
is amended by adding at the end the following:
``(c) Clarifications.--
``(1) In general.--At the request of the non-Federal interest for
the study of the Lake Champlain Canal Aquatic Invasive Species Barrier
carried out under section 542 of the Water Resources Development Act of
2000 (114 Stat. 2671; 121 Stat. 1150; 134 Stat. 2652), the Secretary
shall scope the phase II portion of such study to satisfy the
feasibility determination under subsection (a).
``(2) Dispersal barrier.--A dispersal barrier constructed,
maintained, or operated under this section may include--
``(A) physical hydrologic separation;
``(B) nonstructural measures;
``(C) deployment of technologies; and
``(D) buffer zones.''.
SEC. 8370. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED DAMS.
Section 1177 of the Water Resources Development Act of 2016 (33 U.S.C. 467f-
2 note) is amended by adding at the end the following:
``(g) Special Rule.--Notwithstanding subsection (c), the non-Federal share
of the cost of the project for rehabilitation of Waterbury Dam, Washington
County, Vermont, under this section, including the cost of any required study,
shall be the same share assigned to the non-Federal interest for the cost of
initial construction of the Waterbury Dam.''.
SEC. 8371. PUGET SOUND NEARSHORE ECOSYSTEM RESTORATION, WASHINGTON.
In carrying out the project for ecosystem restoration, Puget Sound,
Washington, authorized by section 1401(4) of the Water Resources Development Act
of 2016 (130 Stat. 1713), the Secretary shall consider the removal and
replacement of the Highway 101 causeway and bridges at the Duckabush River
Estuary site to be a project feature the costs of which are shared as
construction.
SEC. 8372. LOWER MUD RIVER, MILTON, WEST VIRGINIA.
(a) In General.--The Federal share of the cost of the project for flood
control, Milton, West Virginia, authorized by section 580 of the Water Resources
Development Act of 1996 (110 Stat. 3790; 114 Stat. 2612; 121 Stat. 1154), shall
be 90 percent.
(b) Land, Easements, and Rights-of-Way.--For the project described in
subsection (a), the Secretary shall include in the cost of the project, and
credit toward the non-Federal share of that cost, the value of land, easements,
and rights-of-way provided by the non-Federal interest for the project,
including the value of land, easements, and rights-of-way required for the
project that are owned or held by the non-Federal interest or other non-Federal
public body.
(c) Additional Eligibility.--Unless otherwise explicitly prohibited in an
Act making appropriations for the Corps of Engineers, the project described in
subsection (a) shall be eligible for additional funding appropriated and
deposited into the ``corps of engineers--civil--construction'' account--
(1) without a new investment decision; and
(2) on the same terms as a project that is not the project described
in subsection (a).
SEC. 8373. NORTHERN WEST VIRGINIA.
(a) In General.--Section 571 of the Water Resources Development Act of 1999
(113 Stat. 371; 121 Stat. 1257; 134 Stat. 2719) is amended--
(1) in the section heading, by striking ``central'' and inserting
``northern'';
(2) by striking subsection (a) and inserting the following:
``(a) Definition of Northern West Virginia.--In this section, the term
`northern West Virginia' means the counties of Barbour, Berkeley, Brooke,
Doddridge, Grant, Hampshire, Hancock, Hardy, Harrison, Jefferson, Lewis, Marion,
Marshall, Mineral, Morgan, Monongalia, Ohio, Pleasants, Preston, Randolph,
Ritchie, Taylor, Tucker, Tyler, Upshur, Wetzel, and Wood, West Virginia.'';
(3) in subsection (b), by striking ``central'' and inserting
``northern'';
(4) in subsection (c), by striking ``central'' and inserting
``northern''; and
(5) in subsection (h), by striking ``$100,000,000'' and inserting
``$120,000,000''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the Water
Resources Development Act of 1999 (113 Stat. 269) is amended by striking the
item relating to section 571 and inserting the following:
``Sec. 571. Northern West Virginia.''.
SEC. 8374. SOUTHERN WEST VIRGINIA.
(a) In General.--Section 340 of the Water Resources Development Act of 1992
(106 Stat. 4856) is amended--
(1) in the section heading, by striking ``environmental restoration
infrastructure and resource protection development pilot program'';
(2) by striking subsection (f) and inserting the following:
``(f) Definition of Southern West Virginia.--In this section, the term
`southern West Virginia' means the counties of Boone, Braxton, Cabell, Calhoun,
Clay, Fayette, Gilmer, Greenbrier, Jackson, Kanawha, Lincoln, Logan, Mason,
McDowell, Mercer, Mingo, Monroe, Nicholas, Pendleton, Pocahontas, Putnam,
Raleigh, Roane, Summers, Wayne, Webster, Wirt, and Wyoming, West Virginia.'';
and
(3) in subsection (g), by striking ``$120,000,000'' and inserting
``$140,000,000''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the Water
Resources Development Act of 1992 (106 Stat. 4797) is amended by striking the
item relating to section 340 and inserting the following:
``Sec. 340. Southern West Virginia.''.
SEC. 8375. ENVIRONMENTAL INFRASTRUCTURE.
(a) New Projects.--Section 219(f) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1258) is amended by adding at the
end the following:
``(274) Alabama.--$50,000,000 for water, wastewater, and other
environmental infrastructure in Alabama.
``(275) Chandler, arizona.--$18,750,000 for water and wastewater
infrastructure in the city of Chandler, Arizona.
``(276) Pinal county, arizona.--$40,000,000 for water and wastewater
infrastructure in Pinal County, Arizona.
``(277) Tempe, arizona.--$37,500,000 for water and wastewater
infrastructure, including water reclamation and groundwater recharge,
for the City of Tempe, Arizona.
``(278) Alameda county, california.--$20,000,000 for environmental
infrastructure, in Alameda County, California.
``(279) Bell gardens, california.--$12,500,000 for water and
wastewater infrastructure, including water recycling and water supply,
in the city of Bell Gardens, California.
``(280) Calimesa, california.--$3,500,000 for stormwater management
and water supply infrastructure, including groundwater recharge and
water recycling, in the city of Calimesa, California.
``(281) Compton creek, california.--$6,165,000 for stormwater
management infrastructure in the vicinity of Compton Creek, city of
Compton, California.
``(282) Downey, california.--$100,000,000 for water infrastructure,
including water supply, in the city of Downey, California.
``(283) East county, san diego county, california.--$70,000,000 for
water and wastewater infrastructure, including water recycling and water
supply, in East County, San Diego County, California.
``(284) Eastern los angeles county, california.--$25,000,000 for the
planning, design, and construction of water and wastewater
infrastructure, including water recycling and water supply, for the
cities of Azusa, Baldwin Park, Covina, Duarte, El Monte, Glendora,
Industry, Irwindale, La Puente, La Verne, Monrovia, San Dimas, and West
Covina, and for Avocado Heights, Bassett, and Valinda, California.
``(285) Escondido creek, california.--$34,000,000 for water and
wastewater infrastructure, including stormwater management, in the
vicinity of Escondido Creek, city of Escondido, California.
``(286) Fontana, california.--$16,000,000 for stormwater management
infrastructure in the city of Fontana, California.
``(287) Healdsburg, california.--$23,500,000 for water and
wastewater infrastructure, including water recycling and water supply,
in the city of Healdsburg, California.
``(288) Inland empire, california.--$60,000,000 for water and
wastewater infrastructure, including water supply, in Riverside County
and San Bernardino County, California.
``(289) Lomita, california.--$4,716,600 for stormwater management
infrastructure in the city of Lomita, California.
``(290) Marin county, california.--$28,000,000 for water and
wastewater infrastructure, including water supply, in Marin County,
California.
``(291) Maywood, california.--$10,000,000 for wastewater
infrastructure in the city of Maywood, California.
``(292) Monterey peninsula, california.--$20,000,000 for water and
wastewater infrastructure, and water supply, on the Monterey Peninsula,
California.
``(293) North richmond, california.--$45,000,000 for water and
wastewater infrastructure, including coastal flooding resilience
measures for such infrastructure, in North Richmond, California.
``(294) Ontario, california.--$40,700,000 for water and wastewater
infrastructure, including water recycling and water supply, in the city
of Ontario, California.
``(295) Paramount, california.--$20,000,000 for water and wastewater
infrastructure, including stormwater management, in the city of
Paramount, California.
``(296) Petaluma, california.--$13,700,000 for water and wastewater
infrastructure, including water recycling, in the city of Petaluma,
California.
``(297) Placer county, california.--$21,000,000 for environmental
infrastructure, in Placer County, California.
``(298) Rialto, california.--$27,500,000 for wastewater
infrastructure in the city of Rialto, California.
``(299) Rincon reservation, california.--$38,000,000 for water and
wastewater infrastructure on the Rincon Band of Luiseno Indians
reservation, California.
``(300) Sacramento-san joaquin delta, california.--$50,000,000 for
water and wastewater infrastructure (including stormwater management),
water supply and related facilities, environmental restoration, and
surface water protection and development, including flooding resilience
measures for such infrastructure, in Contra Costa County, San Joaquin
County, Solano County, Sacramento County, and Yolo County, California.
``(301) San joaquin and stanislaus, california.--$200,000,000 for
water and wastewater infrastructure, including stormwater management,
and water supply, in San Joaquin County and Stanislaus County,
California.
``(302) Santa rosa, california.--$19,400,000 for water and
wastewater infrastructure, in the city of Santa Rosa California.
``(303) Sierra madre, california.--$20,000,000 for water and
wastewater infrastructure, and water supply, including earthquake
resilience measures for such infrastructure and water supply, in the
city of Sierra Madre, California.
``(304) Smith river, california.--$25,000,000 for wastewater
infrastructure in Howonquet Village and Resort and Tolowa Dee-ni'
Nation, Smith River, California.
``(305) South san francisco, california.--$270,000,000 for water and
wastewater infrastructure, including stormwater management and water
recycling, at the San Francisco International Airport, California.
``(306) Temecula, california.--$18,000,000 for environmental
infrastructure, in the city of Temecula, California.
``(307) Torrance, california.--$100,000,000 for water and wastewater
infrastructure, including groundwater recharge and water supply, in the
city of Torrance, California.
``(308) Western contra costa county, california.--$15,000,000 for
wastewater infrastructure in the cities of Pinole, San Pablo, and
Richmond, and in El Sobrante, California.
``(309) Yolo county, california.--$6,000,000 for environmental
infrastructure, in Yolo County, California.
``(310) Hebron, connecticut.--$3,700,000 for water and wastewater
infrastructure in the town of Hebron, Connecticut.
``(311) New london, connecticut.--$16,000,000 for wastewater
infrastructure in the town of Bozrah and the City of Norwich,
Connecticut.
``(312) Windham, connecticut.--$18,000,000 for water and wastewater
infrastructure in the town of Windham, Connecticut.
``(313) Kent, delaware.--$35,000,000 for water and wastewater
infrastructure, including stormwater management, water storage and
treatment systems, and environmental restoration, in Kent County,
Delaware.
``(314) New castle, delaware.--$35,000,000 for water and wastewater
infrastructure, including stormwater management, water storage and
treatment systems, and environmental restoration, in New Castle County,
Delaware.
``(315) Sussex, delaware.--$35,000,000 for water and wastewater
infrastructure, including stormwater management, water storage and
treatment systems, and environmental restoration, in Sussex County,
Delaware.
``(316) Washington, district of columbia.--$1,000,000 for water and
wastewater infrastructure, including stormwater management, in
Washington, District of Columbia.
``(317) Longboat key, florida.--$12,750,000 for water and wastewater
infrastructure in the town of Longboat Key, Florida.
``(318) Martin, st. lucie, and palm beach counties, florida.--
$100,000,000 for water and wastewater infrastructure, including
stormwater management, to improve water quality in the St. Lucie River,
Indian River Lagoon, and Lake Worth Lagoon in Martin County, St. Lucie
County, and Palm Beach County, Florida.
``(319) Polk county, florida.--$10,000,000 for wastewater
infrastructure, including stormwater management, in Polk County,
Florida.
``(320) Okeechobee county, florida.--$20,000,000 for wastewater
infrastructure in Okeechobee County, Florida.
``(321) Orange county, florida.--$50,000,000 for water and
wastewater infrastructure, including water reclamation and water supply,
in Orange County, Florida.
``(322) Georgia.--$75,000,000 for environmental infrastructure in
Baldwin County, Bartow County, Floyd County, Haralson County, Jones
County, Gilmer County, Towns County, Warren County, Lamar County,
Lowndes County, Troup County, Madison County, Toombs County, Dade
County, Bulloch County, Gordon County, Walker County, Dooly County,
Butts County, Clarke County, Crisp County, Newton County, Bibb County,
Baker County, Barrow County, Oglethorpe County, Peach County, Brooks
County, Carroll County, Worth County, Jenkins County, Wheeler County,
Calhoun County, Randolph County, Wilcox County, Stewart County, Telfair
County, Clinch County, Hancock County, Ben Hill County, Jeff Davis
County, Chattooga County, Lanier County, Brantley County, Charlton
County, Tattnall County, Emanuel County, Mitchell County, Turner County,
Bacon County, Terrell County, Macon County, Ware County, Bleckley
County, Colquitt County, Washington County, Berrien County, Coffee
County, Pulaski County, Cook County, Atkinson County, Candler County,
Taliaferro County, Evans County, Johnson County, Irwin County, Dodge
County, Jefferson County, Appling County, Taylor County, Wayne County,
Clayton County, Decatur County, Schley County, Sumter County, Early
County, Webster County, Clay County, Upson County, Long County, Twiggs
County, Dougherty County, Quitman County, Meriwether County, Stephens
County, Wilkinson County, Murray County, Wilkes County, Elbert County,
McDuffie County, Heard County, Marion County, Talbot County, Laurens
County, Montgomery County, Echols County, Pierce County, Richmond
County, Chattahoochee County, Screven County, Habersham County, Lincoln
County, Burke County, Liberty County, Tift County, Polk County, Glascock
County, Grady County, Jasper County, Banks County, Franklin County,
Whitfield County, Treutlen County, Crawford County, and Hart County,
Georgia.
``(323) Guam.--$10,000,000 for water and wastewater infrastructure
in Guam.
``(324) State of hawaii.--$75,000,000 for water and wastewater
infrastructure (including urban stormwater conveyance), resource
protection and development, water supply, environmental restoration, and
surface water protection and development, in the State of Hawaii.
``(325) County of hawai`i, hawaii.--$20,000,000 for water and
wastewater infrastructure, including stormwater management, in the
County of Hawai`i, Hawaii.
``(326) Honolulu, hawaii.--$20,000,000 for water and wastewater
infrastructure, including stormwater management, in the City and County
of Honolulu, Hawaii.
``(327) Kaua`i, hawaii.--$20,000,000 for water and wastewater
infrastructure, including stormwater management, in the County of
Kaua`i, Hawaii.
``(328) Maui, hawaii.--$20,000,000 for water and wastewater
infrastructure, including stormwater management, in the County of Maui,
Hawaii.
``(329) Dixmoor, illinois.--$15,000,000 for water and water supply
infrastructure in the village of Dixmoor, Illinois.
``(330) Forest park, illinois.--$10,000,000 for wastewater
infrastructure, including stormwater management, in the village of
Forest Park, Illinois.
``(331) Lemont, illinois.--$3,135,000 for water infrastructure in
the village of Lemont, Illinois.
``(332) Lockport, illinois.--$6,550,000 for wastewater
infrastructure, including stormwater management, in the city of
Lockport, Illinois.
``(333) Montgomery and christian counties, illinois.--$30,000,000
for water and wastewater infrastructure, including water supply, in
Montgomery County and Christian County, Illinois.
``(334) Will county, illinois.--$30,000,000 for water and wastewater
infrastructure, including stormwater management, in Will County,
Illinois.
``(335) Orleans parish, louisiana.--$100,000,000 for water and
wastewater infrastructure in Orleans Parish, Louisiana.
``(336) Fitchburg, massachusetts.--$20,000,000 for water and
wastewater infrastructure, including stormwater management (including
combined sewer overflows), in the city of Fitchburg, Massachusetts.
``(337) Haverhill, massachusetts.--$20,000,000 for water and
wastewater infrastructure, including stormwater management (including
combined sewer overflows), in the city of Haverhill, Massachusetts.
``(338) Lawrence, massachusetts.--$20,000,000 for water and
wastewater infrastructure, including stormwater management (including
combined sewer overflows), in the city of Lawrence, Massachusetts.
``(339) Lowell, massachusetts.--$20,000,000 for water and wastewater
infrastructure, including stormwater management (including combined
sewer overflows), in the city of Lowell, Massachusetts.
``(340) Methuen, massachusetts.--$20,000,000 for water and
wastewater infrastructure, including stormwater management (including
combined sewer overflows), in the city of Methuen, Massachusetts.
``(341) Maryland.--$100,000,000 for water, wastewater, and other
environmental infrastructure, Maryland.
``(342) Boonsboro, maryland.--$5,000,000 for water infrastructure,
including water supply, in the town of Boonsboro, Maryland.
``(343) Brunswick, maryland.--$15,000,000 for water and wastewater
infrastructure in the city of Brunswick, Maryland.
``(344) Cascade charter township, michigan.--$7,200,000 for water
and wastewater infrastructure in Cascade Charter Township, Michigan.
``(345) Macomb county, michigan.--$40,000,000 for wastewater
infrastructure, including stormwater management, in Macomb County,
Michigan.
``(346) Northfield, minnesota.--$33,450,000 for water and wastewater
infrastructure in the city of Northfield, Minnesota.
``(347) Centertown, missouri.--$15,900,000 for water and wastewater
infrastructure in the village of Centertown, Missouri.
``(348) City of st. louis, missouri.--$45,000,000 for water and
wastewater infrastructure in the city of St. Louis, Missouri.
``(349) St. louis county, missouri.--$45,000,000 for water and
wastewater infrastructure in St. Louis County, Missouri.
``(350) Clinton, mississippi.--$13,600,000 for environmental
infrastructure, including water and wastewater infrastructure (including
stormwater management), drainage systems, and water quality enhancement,
in the city of Clinton, Mississippi.
``(351) Madison county, mississippi.--$10,000,000 for environmental
infrastructure, including water and wastewater infrastructure (including
stormwater management), drainage systems, and water quality enhancement,
in Madison County, Mississippi.
``(352) Meridian, mississippi.--$10,000,000 for environmental
infrastructure, including water and wastewater infrastructure (including
stormwater management), drainage systems, and water quality enhancement,
in the city of Meridian, Mississippi.
``(353) Oxford, mississippi.--$10,000,000 for environmental
infrastructure, including water and wastewater infrastructure (including
stormwater management), drainage systems, and water quality enhancement,
in the City of Oxford, Mississippi.
``(354) Rankin county, mississippi.--$10,000,000 for environmental
infrastructure, including water and wastewater infrastructure (including
stormwater management), drainage systems, and water quality enhancement,
in Rankin County, Mississippi.
``(355) Manchester, new hampshire.--$20,000,000 for water and
wastewater infrastructure, including stormwater management (including
combined sewer overflows), in the city of Manchester, New Hampshire.
``(356) Bayonne, new jersey.--$825,000 for wastewater
infrastructure, including stormwater management (including combined
sewer overflows), in the city of Bayonne, New Jersey.
``(357) Camden, new jersey.--$119,000,000 for wastewater
infrastructure, including stormwater management, in the city of Camden,
New Jersey.
``(358) Essex and sussex counties, new jersey.--$60,000,000 for
water and wastewater infrastructure, including water supply, in Essex
County and Sussex County, New Jersey.
``(359) Flemington, new jersey.--$4,500,000 for water and wastewater
infrastructure, including water supply, in the Borough of Flemington,
New Jersey.
``(360) Jefferson, new jersey.--$90,000,000 for wastewater
infrastructure, including stormwater management, in Jefferson Township,
New Jersey.
``(361) Kearny, new jersey.--$69,900,000 for wastewater
infrastructure, including stormwater management (including combined
sewer overflows), in the town of Kearny, New Jersey.
``(362) Long hill, new jersey.--$7,500,000 for wastewater
infrastructure, including stormwater management, in Long Hill Township,
New Jersey.
``(363) Morris county, new jersey.--$30,000,000 for water and
wastewater infrastructure in Morris County, New Jersey.
``(364) Passaic, new jersey.--$1,000,000 for wastewater
infrastructure, including stormwater management, in Passaic County, New
Jersey.
``(365) Phillipsburg, new jersey.--$2,600,000 for wastewater
infrastructure, including stormwater management, in the town of
Phillipsburg, New Jersey.
``(366) Rahway, new jersey.--$3,250,000 for water and wastewater
infrastructure in the city of Rahway, New Jersey.
``(367) Roselle, new jersey.--$5,000,000 for wastewater
infrastructure, including stormwater management, in the Borough of
Roselle, New Jersey.
``(368) South orange village, new jersey.--$7,500,000 for water
infrastructure, including water supply, in the Township of South Orange
Village, New Jersey.
``(369) Summit, new jersey.--$1,000,000 for wastewater
infrastructure, including stormwater management, in the city of Summit,
New Jersey.
``(370) Warren, new jersey.--$4,550,000 for wastewater
infrastructure, including stormwater management, in Warren Township, New
Jersey.
``(371) Espanola, new mexico.--$21,995,000 for water and wastewater
infrastructure in the city of Espanola, New Mexico.
``(372) Farmington, new mexico.--$15,500,000 for water
infrastructure, including water supply, in the city of Farmington, New
Mexico.
``(373) Mora county, new mexico.--$2,874,000 for wastewater
infrastructure in Mora County, New Mexico.
``(374) Santa fe, new mexico.--$20,700,000 for water and wastewater
infrastructure, including water reclamation, in the city of Santa Fe,
New Mexico.
``(375) Clarkstown, new york.--$14,600,000 for wastewater
infrastructure, including stormwater management, in the town of
Clarkstown, New York.
``(376) Genesee, new york.--$85,000,000 for water and wastewater
infrastructure, including stormwater management and water supply, in
Genesee County, New York.
``(377) Queens, new york.--$119,200,000 for water and wastewater
infrastructure, including stormwater management (including combined
sewer overflows), in Queens, New York.
``(378) Yorktown, new york.--$40,000,000 for wastewater
infrastructure, including stormwater management, in the town of
Yorktown, New York.
``(379) Brunswick, ohio.--$4,510,000 for wastewater infrastructure,
including stormwater management, in the city of Brunswick, Ohio.
``(380) Brookings, oregon.--$2,000,000 for wastewater infrastructure
in the City of Brookings and the Port of Brookings Harbor, Oregon.
``(381) Monroe, oregon.--$6,000,000 for water and wastewater
infrastructure in the city of Monroe, Oregon.
``(382) Newport, oregon.--$60,000,000 for water and wastewater
infrastructure, including water supply and water storage, in the city of
Newport, Oregon.
``(383) Lane county, oregon.--$25,000,000 for water and wastewater
infrastructure, including water supply and storage, distribution, and
treatment systems, in Lane County, Oregon.
``(384) Palmyra, pennsylvania.--$36,300,000 for wastewater
infrastructure in Palmyra Township, Pennsylvania.
``(385) Pike county, pennsylvania.--$10,000,000 for water and
stormwater management infrastructure, including water supply, in Pike
County, Pennsylvania.
``(386) Pittsburgh, pennsylvania.--$20,000,000 for wastewater
infrastructure, including stormwater management, in the city of
Pittsburgh, Pennsylvania.
``(387) Pocono, pennsylvania.--$22,000,000 for water and wastewater
infrastructure in Pocono Township, Pennsylvania.
``(388) Westfall, pennsylvania.--$16,880,000 for wastewater
infrastructure in Westfall Township, Pennsylvania.
``(389) Whitehall, pennsylvania.--$6,000,000 for stormwater
management infrastructure in Whitehall Township and South Whitehall
Township, Pennsylvania.
``(390) Beaufort, south carolina.--$7,462,000 for stormwater
management infrastructure in Beaufort County, South Carolina.
``(391) Charleston, south carolina.--$25,583,000 for wastewater
infrastructure, including stormwater management, in the city of
Charleston, South Carolina.
``(392) Horry county, south carolina.--$19,000,000 for environmental
infrastructure, including ocean outfalls, in Horry County, South
Carolina.
``(393) Mount pleasant, south carolina.--$7,822,000 for wastewater
infrastructure, including stormwater management, in the town of Mount
Pleasant, South Carolina.
``(394) Portland, tennessee.--$1,850,000 for water and wastewater
infrastructure, including water supply, in the city of Portland,
Tennessee.
``(395) Smith county, tennessee.--$19,500,000 for wastewater
infrastructure, including stormwater management, in Smith County,
Tennessee.
``(396) Trousdale, macon, and sumner counties, tennessee.--
$178,000,000 for water and wastewater infrastructure in Trousdale
County, Macon County, and Sumner County, Tennessee.
``(397) United states virgin islands.--$1,584,000 for wastewater
infrastructure in the United States Virgin Islands.
``(398) Bonney lake, washington.--$3,000,000 for water and
wastewater infrastructure in the city of Bonney Lake, Washington.
``(399) Burien, washington.--$5,000,000 for stormwater management
infrastructure in the city of Burien, Washington.
``(400) Ellensburg, washington.--$3,000,000 for wastewater
infrastructure, including stormwater management, in the city of
Ellensburg, Washington.
``(401) North bend, washington.--$30,000,000 for wastewater
infrastructure, including stormwater management, in the city of North
Bend, Washington.
``(402) Port angeles, washington.--$7,500,000 for wastewater
infrastructure, including stormwater management, in the City and Port of
Port Angeles, Washington.
``(403) Snohomish county, washington.--$56,000,000 for water and
wastewater infrastructure, including water supply, in Snohomish County,
Washington.
``(404) Western washington state.--$200,000,000 for water and
wastewater infrastructure, including stormwater management, water
supply, and conservation, in Chelan County, King County, Kittitas
County, Pierce County, Snohomish County, Skagit County, and Whatcom
County, Washington.
``(405) Milwaukee, wisconsin.--$4,500,000 for water and wastewater
infrastructure, including stormwater management (including combined
sewer overflows), and resource protection and development, in the
Milwaukee metropolitan area, Wisconsin.''.
(b) Project Modifications.--
(1) Consistency with reports.--Congress finds that the project
modifications described in this subsection are in accordance with the
reports submitted to Congress by the Secretary under section 7001 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d),
titled ``Report to Congress on Future Water Resources Development'', or
have otherwise been reviewed by Congress.
(2) Modifications.--
(A) Calaveras county, california.--Section 219(f)(86) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 121 Stat. 1259) is amended by striking ``$3,000,000''
and inserting ``$13,280,000''.
(B) Sacramento area, california.--Section 219(f)(23) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 117 Stat. 1840; 134 Stat. 2718) is amended by
striking ``Suburban''.
(C) Los angeles county, california.--Section 219(f) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 117 Stat. 1840; 121 Stat. 1259) is amended by
striking paragraph (93) and inserting the following:
``(93) Los angeles county, california.--$103,000,000 for water and
wastewater infrastructure, including stormwater management, Diamond Bar,
La Habra Heights, Dominguez Channel, Santa Clarity Valley, and Rowland
Heights, Los Angeles County, California.''.
(D) Boulder county, colorado.--Section 219(f)(109) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 114 Stat. 2763A-220) is amended by striking
``$10,000,000 for water supply infrastructure'' and inserting
``$20,000,000 for water and wastewater infrastructure, including
stormwater management and water supply''.
(E) Charlotte county, florida.--Section 219(f)(121) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 121 Stat. 1261) is amended by striking ``$3,000,000
for'' and inserting ``$33,000,000 for wastewater and''.
(F) Miami-dade county, florida.--Section 219(f)(128) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 121 Stat. 1261) is amended by striking ``$6,250,000
for'' and inserting ``$190,250,000 for wastewater
infrastructure, including''.
(G) Albany, georgia.--Section 219(f)(130) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
336; 121 Stat. 1261) is amended by striking ``$4,000,000 for a
storm drainage system,'' and inserting ``$109,000,000 for
wastewater infrastructure, including stormwater management
(including combined sewer overflows),''.
(H) Atlanta, georgia.--Section 219(e)(5) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 110 Stat.
3757; 113 Stat. 334) is amended by striking ``$25,000,000'' and
inserting ``$75,000,000''.
(I) East point, georgia.--Section 219(f)(136) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
336; 121 Stat. 1261) is amended by striking ``$5,000,000 for''
and inserting ``$15,000,000 for stormwater management and
other''.
(J) Cook county and lake county, illinois.--Section
219(f)(54) of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 336; 114 Stat. 2763A-220) is amended--
(i) in the paragraph heading, by striking ``Cook
county'' and inserting ``Cook county and lake county'';
(ii) by striking ``$35,000,000 for'' and inserting
``$100,000,000 for wastewater infrastructure, including
stormwater management, and other''; and
(iii) by inserting ``and Lake County'' after ``Cook
County''.
(K) Madison and st. clair counties, illinois.--Section
219(f)(55) of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 334; 114 Stat. 2763A-221; 134 Stat. 2718)
is amended by striking ``$45,000,000'' and inserting
``$100,000,000''.
(L) Calumet region, indiana.--Section 219(f)(12)(A) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 117 Stat. 1843; 121 Stat. 1225) is amended by
striking ``$100,000,000'' and inserting ``$125,000,000''.
(M) Baton rouge, louisiana.--Section 219(f)(21) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
336; 114 Stat. 2763A-220; 121 Stat. 1226) is amended by striking
``$35,000,000'' and inserting ``$90,000,000''.
(N) South central planning and development commission,
louisiana.--Section 219(f)(153) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121
Stat. 1262) is amended by striking ``$2,500,000'' and inserting
``$12,500,000''.
(O) St. charles, st. bernard, plaquemines, st. john the
baptist, st. james, and assumption parishes, louisiana.--
(i) St. charles, st. bernard, and plaquemines
parishes, louisiana.--Section 219(c)(33) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 114 Stat. 2763A-219) is amended by striking
``Water and wastewater infrastructure'' and inserting
``Water supply and wastewater infrastructure, including
stormwater management''.
(ii) St. john the baptist, st. james, and assumption
parishes, louisiana.--Section 219(c)(34) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 114 Stat. 2763A-219) is amended--
(I) in the paragraph heading, by striking
``baptist and st. james'' and inserting
``baptist, st. james, and assumption''; and
(II) by striking ``Baptist and St. James''
and inserting ``Baptist, St. James, and
Assumption''.
(iii) Authorization of appropriations for
construction assistance.--Section 219(e) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 110
Stat. 3757; 113 Stat. 334; 121 Stat. 1192) is amended--
(I) by striking the ``and'' at the end of
paragraph (16);
(II) by striking the period at the end of
paragraph (17) and inserting a semicolon; and
(III) by adding at the end the following:
``(18) $70,000,000 for the project described in subsection (c)(33);
and
``(19) $36,000,000 for the project described in subsection
(c)(34).''.
(P) Michigan combined sewer overflows.--Section 219(f)(157)
of the Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 336; 121 Stat. 1262) is amended--
(i) by striking ``$35,000,000 for'' and inserting
the following:
``(A) In general.--$85,000,000 for''; and
(ii) by adding at the end the following:
``(B) Additional projects.--Amounts made available under
subparagraph (A) may be used for design and construction
projects for water-related environmental infrastructure and
resource protection and development projects in Michigan,
including for projects for wastewater treatment and related
facilities, water supply and related facilities, environmental
restoration, and surface water resource protection and
development.''.
(Q) Jackson, mississippi.--Section 219(f)(167) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
336; 121 Stat. 1263) is amended by striking ``$25,000,000 for
water and wastewater infrastructure'' and inserting
``$125,000,000 for water and wastewater infrastructure,
including resilience activities for such infrastructure''.
(R) Allegheny county, pennsylvania.--Section 219(f)(66)(A)
of the Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 336; 114 Stat. 2763A-221; 121 Stat. 1240) is amended
by striking ``$20,000,000 for'' and inserting ``$30,000,000 for
wastewater infrastructure, including stormwater management, and
other''.
(S) Lakes marion and moultrie, south carolina.--Section
219(f)(25) of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 336; 114 Stat. 2763A-220; 117 Stat. 1838;
130 Stat. 1677; 132 Stat. 3818; 134 Stat. 2719) is amended by
striking ``$110,000,000'' and inserting ``$165,000,000''.
(T) Myrtle beach and vicinity, south carolina.--Section
219(f) of the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 121 Stat. 1267) is amended by striking
paragraph (250) and inserting the following:
``(250) Myrtle beach and vicinity, south carolina.--$31,000,000 for
environmental infrastructure, including ocean outfalls, Myrtle Beach and
vicinity, South Carolina.''.
(U) North myrtle beach and vicinity, south carolina.--
Section 219(f) of the Water Resources Development Act of 1992
(106 Stat. 4835; 113 Stat. 334; 121 Stat. 1267) is amended by
striking paragraph (251) and inserting the following:
``(251) North myrtle beach and vicinity, south carolina.--
$74,000,000 for environmental infrastructure, including ocean outfalls,
North Myrtle Beach and vicinity, South Carolina.''.
(V) Eastern shore and southwest virginia.--Section
219(f)(10)(A) of the Water Resources Development Act of 1992
(106 Stat. 4835; 113 Stat. 335; 121 Stat. 1255) is amended--
(i) by striking ``$20,000,000'' and inserting
``$52,000,000''; and
(ii) by striking ``Accomac'' and inserting
``Accomack''.
(W) Northern west virginia.--Section 219(f)(272) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 121 Stat. 1268) is amended--
(i) by striking ``$20,000,000 for water and
wastewater'' and inserting the following:
``(A) In general.--$20,000,000 for water and wastewater'';
and
(ii) by adding at the end the following:
``(B) Local cooperation agreements.--Notwithstanding
subsection (a), at the request of a non-Federal interest for a
project or a separable element of a project that receives
assistance under this paragraph, the Secretary may enter into an
agreement developed in accordance with section 571(e) of the
Water Resources Development Act of 1999 (113 Stat. 371) for the
project or separable element.''.
(3) Effect on authorization.--Notwithstanding the operation of
section 6001(e) of the Water Resources Reform and Development Act of
2014 (as in effect on the day before the date of enactment of the Water
Resources Development Act of 2016), any project included on a list
published by the Secretary pursuant to such section the authorization
for which is amended by this subsection remains authorized to be carried
out by the Secretary.
SEC. 8376. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.
(a) Consistency With Reports.--Congress finds that the project modifications
described in this section are in accordance with the reports submitted to
Congress by the Secretary under section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d), titled ``Report to Congress on Future
Water Resources Development'', or have otherwise been reviewed by Congress.
(b) Projects.--
(1) Chesapeake bay.--Section 510 of the Water Resources Development
Act of 1996 (110 Stat. 3759; 121 Stat. 1202; 128 Stat. 1317; 134 Stat.
3704) is amended--
(A) in subsection (a)(2)--
(i) by inserting ``infrastructure and'' before
``resource protection'';
(ii) in subparagraph (B), by inserting ``and
streambanks'' after ``shorelines'';
(iii) by redesignating subparagraphs (E) and (F) as
subparagraphs (H) and (I), respectively; and
(iv) by inserting after subparagraph (D) the
following:
``(E) wastewater treatment and related facilities;
``(F) water supply and related facilities;
``(G) stormwater and drainage systems;''; and
(B) in subsection (c)(2)(A), by inserting ``facilities or''
before ``a resource protection and restoration plan''.
(2) Florida keys water quality improvements, florida.--Section
109(f) of title I of division B of the Miscellaneous Appropriations Act,
2001 (Public Law 106-554, appendix D, 114 Stat. 2763A-222 (as enacted by
section 1(a)(4) of the Consolidated Appropriations Act, 2001 (114 Stat.
2763)); 121 Stat. 1217) is amended by striking ``$100,000,000'' and
inserting ``$200,000,000''.
(3) Northeastern minnesota.--Section 569(h) of the Water Resources
Development Act of 1999 (113 Stat. 368; 121 Stat. 1232) is amended by
striking ``$54,000,000'' and inserting ``$80,000,000''.
(4) Mississippi.--Section 592 of the Water Resources Development Act
of 1999 (113 Stat. 379; 117 Stat. 1837; 121 Stat. 1233; 123 Stat. 2851)
is amended--
(A) in subsection (b), by striking ``and surface water
resource protection and development'' and inserting ``surface
water resource protection and development, stormwater
management, drainage systems, and water quality enhancement'';
and
(B) in subsection (g), by striking ``$200,000,000'' and
inserting ``$300,000,000''.
(5) Lake tahoe basin restoration, nevada and california.--Section
108(g) of division C of the Consolidated Appropriations Act, 2005
(Public Law 108-447; 118 Stat. 2942) is amended by striking
``$25,000,000'' and inserting ``$50,000,000''.
(6) Central new mexico.--Section 593 of the Water Resources
Development Act of 1999 (113 Stat. 380; 119 Stat. 2255) is amended--
(A) in subsection (a), by inserting ``Colfax,'' before
``Sandoval'';
(B) in subsection (c), by inserting ``water reuse,'' after
``conservation,''; and
(C) in subsection (h), by striking ``$50,000,000'' and
inserting ``$100,000,000''.
(7) New york city watershed.--Section 552(a)(2) of the Water
Resources Development Act of 1996 (110 Stat. 3780) is amended--
(A) by striking ``design and construction assistance'' and
inserting ``design, repair, replacement, and construction
assistance''; and
(B) by striking ``treatment, and distribution facilities''
and inserting ``treatment, stormwater management, and water
distribution facilities''.
(8) Ohio and north dakota.--Section 594 of the Water Resources
Development Act of 1999 (113 Stat. 381; 119 Stat. 2261; 121 Stat. 1140;
121 Stat. 1944) is amended--
(A) in subsection (h), by striking ``$240,000,000'' and
inserting ``$250,000,000''; and
(B) by adding at the end the following:
``(i) Authorization of Additional Appropriations.--In addition to amounts
authorized under subsection (h), there is authorized to be appropriated to carry
out this section $100,000,000, to be divided between the States referred to in
subsection (a).''.
(9) Southeastern pennsylvania.--Section 566 of the Water Resources
Development Act of 1996 (110 Stat. 3786; 113 Stat. 352) is amended--
(A) by striking the section heading and inserting
``southeastern pennsylvania and lower delaware river basin.'';
(B) in subsection (a), by inserting ``and the Lower Delaware
River Basin'' after ``southeastern Pennsylvania'';
(C) in subsection (b), by striking ``southeastern
Pennsylvania, including projects for waste water treatment and
related facilities,'' and inserting ``southeastern Pennsylvania
and the Lower Delaware River Basin, including projects for
wastewater treatment and related facilities (including sewer
overflow infrastructure improvements and other stormwater
management),'';
(D) by amending subsection (g) to read as follows:
``(g) Areas Defined.--In this section:
``(1) Lower delaware river basin.--The term `Lower Delaware River
Basin' means the Schuylkill Valley, Upper Estuary, Lower Estuary, and
Delaware Bay subwatersheds of the Delaware River Basin in the
Commonwealth of Pennsylvania and the States of New Jersey and Delaware.
``(2) Southeastern pennsylvania.--The term `southeastern
Pennsylvania' means Philadelphia, Bucks, Chester, Delaware, and
Montgomery Counties, Pennsylvania.''; and
(E) in subsection (h), by striking ``to carry out this
section $25,000,000'' and inserting ``$50,000,000 to provide
assistance under this section to non-Federal interests in
southeastern Pennsylvania, and $20,000,000 to provide assistance
under this section to non-Federal interests in the Lower
Delaware River Basin''.
(10) South central pennsylvania.--Section 313(g)(1) of the Water
Resources Development Act of 1992 (106 Stat. 4845; 109 Stat. 407; 110
Stat. 3723; 113 Stat. 310; 117 Stat. 142; 121 Stat. 1146; 134 Stat.
2719) is amended by striking ``$400,000,000'' and inserting
``$410,000,000''.
(11) Texas.--Section 5138 of the Water Resources Development Act of
2007 (121 Stat. 1250) is amended--
(A) in subsection (b), by striking ``, as identified by the
Texas Water Development Board'';
(B) in subsection (e)(3), by inserting ``and construction''
after ``design work'';
(C) by redesignating subsection (g) as subsection (i);
(D) by inserting after subsection (f) the following:
``(g) Nonprofit Entities.--In this section, the term non-Federal interest
has the meaning given such term in section 221(b) of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b(b)).
``(h) Corps of Engineers Expenses.--Not more than 10 percent of the amounts
made available to carry out this section may be used by the Corps of Engineers
district offices to administer projects under this section at Federal
expense.''; and
(E) in subsection (i) (as redesignated), by striking
``$40,000,000'' and inserting ``$80,000,000''.
(12) Lake champlain, vermont and new york.--Section 542 of the Water
Resources Development Act of 2000 (114 Stat. 2671; 121 Stat. 1150; 134
Stat. 2652) is amended--
(A) in subsection (b)(2)(C), by striking ``planning'' and
inserting ``clean water infrastructure planning, design, and
construction''; and
(B) in subsection (g), by striking ``$32,000,000'' and
inserting ``$100,000,000''.
(13) Western rural water.--Section 595 of the Water Resources
Development Act of 1999 (113 Stat. 383; 117 Stat. 139; 117 Stat. 142;
117 Stat. 1836; 118 Stat. 440; 121 Stat. 1219; 123 Stat. 2851; 128 Stat.
1316; 130 Stat. 1681; 134 Stat. 2719) is amended--
(A) in subsection (i)(1), by striking ``$435,000,000'' and
inserting ``$800,000,000''; and
(B) in subsection (i)(2), by striking ``$150,000,000'' and
inserting ``$200,000,000''.
(c) Effect on Authorization.--Notwithstanding the operation of section
6001(e) of the Water Resources Reform and Development Act of 2014 (as in effect
on the day before the date of enactment of the Water Resources Development Act
of 2016), any project included on a list published by the Secretary pursuant to
such section the authorization for which is amended by this section remains
authorized to be carried out by the Secretary.
SEC. 8377. CONVEYANCES.
(a) Generally Applicable Provisions.--
(1) Survey to obtain legal description.--The exact acreage and the
legal description of any real property to be conveyed under this section
shall be determined by a survey that is satisfactory to the Secretary.
(2) Applicability of property screening provisions.--Section 2696 of
title 10, United States Code, shall not apply to any conveyance under
this section.
(3) Costs of conveyance.--An entity to which a conveyance is made
under this section shall be responsible for all reasonable and necessary
costs, including real estate transaction and environmental documentation
costs, associated with the conveyance.
(4) Liability.--An entity to which a conveyance is made under this
section shall hold the United States harmless from any liability with
respect to activities carried out, on or after the date of the
conveyance, on the real property conveyed. The United States shall
remain responsible for any liability with respect to activities carried
out, before such date, on the real property conveyed.
(5) Additional terms and conditions.--The Secretary may require that
any conveyance under this section be subject to such additional terms
and conditions as the Secretary considers necessary and appropriate to
protect the interests of the United States.
(b) City of Lewes, Delaware.--
(1) Conveyance authorized.--The Secretary is authorized to convey,
without consideration, to the City of Lewes, Delaware, all right, title,
and interest of the United States in and to the real property described
in paragraph (2), for the purpose of housing a new municipal campus for
Lewes City Hall, a police station, and a board of public works.
(2) Property.--The property to be conveyed under this subsection is
the approximately 5.26 acres of land, including improvements on that
land, located at 1137 Savannah Road, Lewes, Delaware.
(3) Reversion.--
(A) In general.--If the Secretary determines at any time
that the property conveyed under paragraph (1) is not being used
in accordance with the purpose specified in such paragraph, all
right, title, and interest in and to the property shall revert,
at the discretion of the Secretary, to the United States.
(B) Determination.--A determination by the Secretary under
subparagraph (A) shall be made on the record after an
opportunity for a hearing.
(c) Army Reserve Facility, Belleville, Illinois.--
(1) Conveyance authorized.--The Secretary shall convey to the city
of Belleville, Illinois, without consideration, all right, title, and
interest of the United States in and to the real property described in
paragraph (2).
(2) Property.--The property to be conveyed under this subsection is
the approximately 5.2 acres of land, including improvements on that
land, located at 500 South Belt East in Belleville, Illinois.
(3) Deed.--The Secretary shall convey the property under this
subsection by quitclaim deed under such terms and conditions as the
Secretary determines appropriate to protect the interests of the United
States.
(4) Reversion.--If the Secretary determines that the property
conveyed under this subsection is not used for a public purpose, all
right, title, and interest in and to the property shall revert, at the
discretion of the Secretary, to the United States.
(d) Lake Barkley, Kentucky.--
(1) In general.--The Secretary is authorized to convey to the
Eddyville Riverport and Industrial Development Authority all right,
title, and interest of the United States in and to the approximately 3.3
acres of land in Lyon County, Kentucky, including the land identified as
Tract 1216-2 and a portion of the land identified as Tract 112-2,
adjacent to the southwestern boundary of the port facilities of the
Authority at the Barkley Dam and Lake Barkley project, Kentucky,
authorized by the first section of the Act of July 24, 1946 (chapter
595, 60 Stat. 636).
(2) Reservation of rights.--The Secretary shall reserve and retain
from the conveyance under this subsection such easements, rights-of-way,
and other interests that the Secretary determines to be necessary and
appropriate to ensure the continued operation of the project described
in paragraph (1).
(3) Deed.--The Secretary shall convey the property under this
subsection by quitclaim deed under such terms and conditions as the
Secretary determines appropriate to protect the interests of the United
States.
(4) Consideration.--The Eddyville Riverport and Industrial
Development Authority shall pay to the Secretary an amount that is not
less than the fair market value of the property conveyed under this
subsection, as determined by the Secretary.
(e) Sardis Lake, Panola County, Mississippi.--
(1) Conveyance authorized.--The Secretary is authorized to convey to
the City of Sardis, Mississippi, all right, title, and interest of the
United States in and to the real property described in paragraph (2).
(2) Property.--The property to be conveyed is the approximately
1,064 acres of lying in the eastern half of Sections 12 and 13, T 8 S, R
6 W and the western half of Section 18 and the western half of Section
7, T 8 S, R 5 W, in Panola County, Mississippi, and being more
particularly described as follows: Begin at the southeast corner of said
Section 13, run thence from said point of beginning, along the south
line of said Section 13, run westerly, 2,723 feet; thence run N
2739'53'' W, for 1,898 feet; thence run north 2,434 feet; thence run
east, 1,006 feet, more or less, to a point on the easterly edge of
Mississippi State Highway No. 315; thence run along said easterly edge
of highway, northerly, for 633 feet; thence leaving said easterly edge
of highway, run N 6200' E, for 200 feet; thence N 0700' E, for 1,350
feet; thence N 0700' W, for 800 feet; thence N 3730'W for 800 feet;
thence N 1000' W for 350 feet; thence N 1100' E, for 350 feet; thence
N 4330' E for 250 feet; thence N 8800' E for 200 feet; thence S 6400'
E for 350 feet; thence S 2530' E, for 650 feet, more or less, to the
intersection of the east line of the western half of the eastern half of
the northwest quarter of the southeast quarter of the aforesaid Section
12, T 8 S, R 6 W and the 235-foot contour; thence run along said 235-
foot contour, 6,392 feet; thence leaving said 235-foot contour,
southerly 1,762 feet, more or less, to a point on the south line of
Section 7; thence S 0028'49'' E, 2,664.97 feet, more or less, to a
point on the south line of the northwest quarter of said Section 18;
thence along said south line, easterly for 100 feet, more or less to the
northwest corner of the southwest quarter of said Section 18; thence
leaving said south line of said northwest quarter, along the east line
of said southwest quarter, S 0006'20'' E, run 2,280 feet, more or less,
to the southerly edge of an existing power line right-of-way; thence
leaving said east line of said southwest quarter, along said southerly
edge of said power line right-of-way, northwesterly, 300 feet, more or
less, to the easterly edge of the existing 4-H Club Road; thence leaving
said southerly edge of said power line right-of-way, along said easterly
edge of said road, southeasterly, 420 feet, more or less, to the south
line of said southwest quarter; thence leaving said easterly edge of
said road, along said south line of southwest quarter, westerly, 2,635
feet, more or less, to the point of beginning, LESS AND EXCEPT the
following prescribed parcel: Beginning at a point N 0045'48'' W, 302.15
feet and west, 130.14 feet from the southeast corner of said Section 13,
T 8 S, R 6 W, and running thence S 0435'58'' W, 200.00 feet to a point
on the north side of a road; running thence with the north side of said
road, N 8351' W, for 64.84 feet; thence N 7226'44'' W, 59.48 feet;
thence N 6031'37'' W, 61.71 feet; thence N 6335'08'' W, 51.07 feet;
thence N 0647'17'' W, 142.81 feet to a point; running thence S
8524'02'' E, 254.37 feet to the point of beginning, containing 1.00
acre, more or less.
(3) Reservation of rights.--
(A) In general.--The Secretary shall reserve and retain from
the conveyance under this subsection such easements, rights-of-
way, and other interests that the Secretary determines to be
necessary and appropriate to ensure the continued operation of
the Sardis Lake project, authorized by section 6 of the Act of
May 15, 1928 (chapter 569, 45 Stat. 536).
(B) Flooding; liability.--In addition to any easements,
rights-of-way, and other interests reserved an retained under
subparagraph (A), the Secretary--
(i) shall retain the right to flood land for
downstream flood control purposes on--
(I) the land located east of Blackjack Road
and below 301.0 feet above sea level; and
(II) the land located west of Blackjack Road
and below 224.0 feet above sea level; and
(ii) shall not be liable for any reasonable damage
resulting from any flooding of land pursuant to clause
(i).
(4) Deed.--The Secretary shall--
(A) convey the property under this section by quitclaim deed
under such terms and conditions as the Secretary determines
appropriate to protect the interests of the United States; and
(B) ensure that such deed includes a permanent restriction
that all future building of above-ground structures on the land
conveyed under this subsection shall be restricted to areas
lying at or above 301.0 feet above sea level.
(5) Consideration.--The City of Sardis, Mississippi, shall pay to
the Secretary an amount that is not less than the fair market value of
the property conveyed under this subsection, as determined by the
Secretary.
(6) Notice and reporting.--After conveying property under this
subsection, the Secretary shall submit to the City of Sardis,
Mississippi--
(A) weekly reports describing--
(i) the water level of Sardis Lake, as in effect on
the date of submission of the report;
(ii) any applicable forecasts of that water level;
and
(iii) any other information that may affect land
conveyed under this subsection; and
(B) a timely notice of any anticipated flooding of a portion
of the land conveyed under this subsection.
(f) Rogers County, Oklahoma.--
(1) Conveyance authorized.--The Secretary is authorized to convey to
the City of Tulsa-Rogers County Port Authority, all right, title, and
interest of the United States in and to the real property described in
paragraph (2).
(2) Property.--The property to be conveyed under this subsection is
the approximately 176 acres of Federal land located on the following 3
parcels in Rogers County, Oklahoma:
(A) Parcel 1 consists of U.S. tract 119 (partial), U.S.
tract 123, U.S. tract 120, U.S. tract 125, and U.S. tract 118
(partial).
(B) Parcel 2 consists of U.S. tract 124 (partial) and U.S.
tract 128 (partial).
(C) Parcel 3 consists of U.S. tract 128 (partial).
(3) Reservation of rights.--The Secretary shall reserve and retain
from any conveyance under this subsection such easements, rights-of-way,
and other interests that the Secretary determines to be necessary and
appropriate to ensure the continued operation of the McClellan-Kerr
Arkansas River navigation project (including Newt Graham Lock and Dam
18) authorized under the comprehensive plan for the Arkansas River Basin
by the Act of June 28, 1938 (chapter 795, 52 Stat. 1218; 60 Stat. 634;
60 Stat. 647; 101 Stat. 1329-112; 117 Stat. 1842).
(4) Deed.--The Secretary shall convey the property under this
subsection by quitclaim deed under such terms and conditions as the
Secretary determines appropriate to protect the interests of the United
States.
(5) Consideration.--The City of Tulsa-Rogers County Port Authority
shall pay to the Secretary an amount that is not less than the fair
market value of the property conveyed under this subsection, as
determined by the Secretary.
(6) Obstructions to navigable capacity.--A conveyance under this
subsection shall not affect the jurisdiction of the Secretary under
section 10 of the Act of March 3, 1899 (33 U.S.C. 403) with respect to
the property conveyed.
(g) Regional Corps of Engineers Office, Corpus Christi, Texas.--
(1) Conveyance authorized.--At such time as new facilities are
available to be used as the office for the Galveston District of the
Corps of Engineers, the Secretary shall convey to the Port of Corpus
Christi, all right, title, and interest of the United States in and to
the property described in paragraph (2).
(2) Description of property.--The property referred to in paragraph
(1) is the land known as Tract 100 and Tract 101, including improvements
on that land, in Corpus Christi, Texas, and described as follows:
(A) Tract 100.--The 1.89 acres, more or less, as conveyed by
the Nueces County Navigation District No. 1 of Nueces County,
Texas, to the United States by instrument dated October 16,
1928, and recorded at Volume 193, pages 1 and 2, in the Deed
Records of Nueces County, Texas.
(B) Tract 101.--The 0.53 acres as conveyed by the City of
Corpus Christi, Nueces County, Texas, to the United States by
instrument dated September 24, 1971, and recorded at Volume 318,
pages 523 and 524, in the Deed Records of Nueces County, Texas.
(C) Improvements.--
(i) Main Building (RPUID AO-C-3516), constructed
January 9, 1974.
(ii) Garage, vehicle with 5 bays (RPUID AO-C-3517),
constructed January 9, 1985.
(iii) Bulkhead, Upper (RPUID AO-C-2658), constructed
January 1, 1941.
(iv) Bulkhead, Lower (RPUID AO-C-3520), constructed
January 1, 1933.
(v) Bulkhead Fence (RPUID AO-C-3521), constructed
January 9, 1985.
(vi) Bulkhead Fence (RPUID AO-C-3522), constructed
January 9, 1985.
(3) Deed.--The Secretary shall convey the property under this
subsection by quitclaim deed under such terms and conditions as the
Secretary determines appropriate to protect the interests of the United
States.
(4) Consideration.--The Port of Corpus Christi shall pay to the
Secretary an amount that is not less than the fair market value of the
property (including improvements) conveyed under this subsection, as
determined by the Secretary.
SEC. 8378. LAND TRANSFER AND TRUST LAND FOR CHOCTAW NATION OF OKLAHOMA.
(a) Transfer.--
(1) In general.--Subject to paragraph (2) and for the consideration
described in subsection (c), the Secretary shall transfer to the
Secretary of the Interior the land described in subsection (b) to be
held in trust for the benefit of the Choctaw Nation.
(2) Conditions.--The land transfer under this subsection shall be
subject to the following conditions:
(A) The transfer--
(i) shall not interfere with the operation by the
Corps of Engineers of the Sardis Lake Project,
authorized pursuant to section 203 of the Flood Control
Act of 1962 (76 Stat. 1187), or any other authorized
civil works project; and
(ii) shall be subject to such other terms and
conditions as the Secretary determines to be necessary
and appropriate to ensure the continued operation of the
Sardis Lake Project or any other authorized civil works
project.
(B) The Secretary shall retain the right to inundate with
water the land transferred to the Choctaw Nation under this
subsection as necessary to carry out an authorized purpose of
the Sardis Lake Project or any other civil works project.
(C) No gaming activities may be conducted on the land
transferred under this subsection.
(b) Land Description.--
(1) In general.--The land to be transferred under subsection (a) is
the approximately 247 acres of land located in Sections 18 and 19 of T2N
R18E, and Sections 5 and 8 of T2N R19E, Pushmataha County, Oklahoma,
generally depicted as ``USACE'' on the map entitled ``Sardis Lake -
Choctaw Nation Proposal'' and dated February 22, 2022.
(2) Survey.--The exact acreage and legal descriptions of the land to
be transferred under subsection (a) shall be determined by a survey
satisfactory to the Secretary and the Secretary of the Interior.
(c) Consideration.--The Choctaw Nation shall pay to the Secretary an amount
that is equal to the fair market value of the land transferred under subsection
(a), as determined by the Secretary, which funds may be accepted and expended by
the Secretary.
(d) Costs of Transfer.--The Choctaw Nation shall be responsible for all
reasonable and necessary costs, including real estate transaction and
environmental documentation costs, associated with the transfer of land under
subsection (a).
SEC. 8379. JOHN P. MURTHA LOCKS AND DAM.
(a) Designation.--Locks and Dam 4, Monongahela River, Pennsylvania,
authorized by section 101(18) of the Water Resources Development Act of 1992
(106 Stat. 4803), and commonly known as the ``Charleroi Locks and Dam'', shall
be known and designated as the ``John P. Murtha Locks and Dam''.
(b) References.--Any reference in a law, map, regulation, document, paper,
or other record of the United States to the locks and dam referred to in
subsection (a) shall be deemed to be a reference to the ``John P. Murtha Locks
and Dam''.
SEC. 8380. TREATMENT OF CERTAIN BENEFITS AND COSTS.
Section 152(a) of the Water Resources Development Act of 2020 (33 U.S.C.
2213a(a)) is amended by striking ``a flood risk management project that
incidentally generates seismic safety benefits in regions'' and inserting ``a
flood risk management or coastal storm risk management project in a region''.
SEC. 8381. DEBRIS REMOVAL.
Section 3 of the Act of March 2, 1945 (33 U.S.C. 603a), is amended by
striking ``or recreation'' and inserting ``ecosystem restoration, or
recreation''.
SEC. 8382. GENERAL REAUTHORIZATIONS.
(a) Rehabilitation of Existing Levees.--Section 3017(e) of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 3303a note) is amended--
(1) by striking ``this subsection'' and inserting ``this section'';
and
(2) by striking ``the date that is 10 years after the date of
enactment of this Act'' and inserting ``December 31, 2028''.
(b) Invasive Species in Alpine Lakes Pilot Project.--Section 507(c) of the
Water Resources Development Act of 2020 (16 U.S.C. 4701 note) is amended by
striking ``2024'' and inserting ``2028''.
(c) Environmental Banks.--Section 309(e) of the Coastal Wetlands Planning,
Protection and Restoration Act (16 U.S.C. 3957(e)) is amended by striking ``10''
and inserting ``12''.
SEC. 8383. TRANSFER OF EXCESS CREDIT.
Section 1020 of the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2223) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Studies and projects with multiple non-federal interests.--A
credit described in paragraph (1) for a study or project with multiple
non-Federal interests may be applied to the required non-Federal cost
share for a study or project of any such non-Federal interest, if each
such non-Federal interest agrees in writing to such application.'';
(2) in subsection (b), by adding at the end the following:
``(3) Conditional approval of excess credit.--Notwithstanding
paragraph (2)(A)(ii), the Secretary may approve credit in excess of the
non-Federal share for a study or project prior to the identification of
each authorized study or project to which the excess credit will be
applied, subject to the condition that the non-Federal interest agrees
to submit for approval by the Secretary an amendment to the
comprehensive plan prepared under paragraph (2) that identifies each
authorized study or project in advance of execution of the feasibility
cost-sharing agreement or project partnership agreement for that
authorized study or project.'';
(3) in subsection (d), by striking ``10 years after the date of
enactment of this Act'' and inserting ``on December 31, 2028''; and
(4) in subsection (e)(1)(B), by striking ``10 years after the date
of enactment of this Act'' and inserting ``December 31, 2028''.
SEC. 8384. TREATMENT OF CREDIT BETWEEN PROJECTS.
Section 7007(d) of the Water Resources Development Act of 2007 (121 Stat.
1277; 128 Stat. 1226) is amended by inserting ``, or may be applied to reduce
the amounts required to be paid by the non-Federal interest under the terms of
the deferred payment agreements entered into between the Secretary and the non-
Federal interest for the projects authorized by section 7012(a)(1)'' before the
period at the end.
SEC. 8385. NON-FEDERAL PAYMENT FLEXIBILITY.
Section 103(l) of the Water Resources Development Act of 1986 (33 U.S.C.
2213(l)) is amended--
(1) in the subsection heading, by striking ``Initial'';
(2) in the first sentence, by striking ``At the request of'' and
inserting the following:
``(1) Initial payment.--At the request of''; and
(3) by adding at the end the following:
``(2) Interest.--
``(A) In general.--At the request of any non-Federal
interest, the Secretary may waive the accrual of interest on any
non-Federal cash contribution under this section or section 101
for a project for a period of not more than 1 year if the
Secretary determines that--
``(i) the waiver will contribute to the ability of
the non-Federal interest to make future contributions;
and
``(ii) the non-Federal interest is in good standing
under terms agreed to under subsection (k)(1).
``(B) Limitations.--The Secretary may grant not more than 1
waiver under subparagraph (A) for the same project.''.
SEC. 8386. COASTAL COMMUNITY FLOOD CONTROL AND OTHER PURPOSES.
Section 103(k)(4) of the Water Resources Development Act of 1986 (33 U.S.C.
2213(k)(4)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses (i) and
(ii), respectively, and adjusting the margins appropriately;
(2) in the matter preceding clause (i) (as so redesignated), by
striking ``Notwithstanding'' and inserting the following:
``(A) In general.--Notwithstanding'';
(3) in clause (i) (as so redesignated)--
(A) by striking ``$200 million'' and inserting
``$200,000,000''; and
(B) by striking ``and'' at the end;
(4) in clause (ii) (as so redesignated)--
(A) by inserting ``an amount equal to \2/3\ of'' after
``repays''; and
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(iii) the non-Federal interest repays the
balance of remaining principal by June 1,
2032.''; and
(5) by adding at the end the following:
``(B) Repayment options.--Repayment of a non-Federal
contribution under subparagraph (A)(iii) may be satisfied
through the provision by the non-Federal interest of fish and
wildlife mitigation for one or more projects or separable
elements, if the Secretary determines that--
``(i) the non-Federal interest has incurred costs
for the provision of mitigation that--
``(I) equal or exceed the amount of the
required repayment; and
``(II) are in excess of any required non-
Federal contribution for the project or
separable element for which the mitigation is
provided; and
``(ii) the mitigation is integral to the project for
which it is provided.''.
SEC. 8387. NATIONAL LEVEE SAFETY PROGRAM.
(a) Definition of Rehabilitation.--Section 9002(13) of the Water Resources
Development Act of 2007 (33 U.S.C. 3301(13)) is amended--
(1) by striking ``The term'' and inserting the following:
``(A) In general.--The term'';
(2) by inserting ``, increase resiliency to extreme weather
events,'' after ``flood risk''; and
(3) by adding at the end the following:
``(B) Inclusions.--The term `rehabilitation' includes
improvements to a levee in conjunction with any repair,
replacement, reconstruction, or reconfiguration.''.
(b) Levee Safety Initiative.--Section 9005(g)(2)(E)(i) of the Water
Resources Development Act of 2007 (33 U.S.C. 3303a(g)(2)(E)(i)) is amended by
striking ``2023'' and inserting ``2028''.
(c) Levee Rehabilitation Assistance Program.--Section 9005(h) of the Water
Resources Development Act of 2007 (33 U.S.C. 3303a(h)) is amended--
(1) in paragraph (1), by inserting ``and levee rehabilitation''
after ``mitigation'';
(2) in paragraph (7), by striking ``$10,000,000'' and inserting
``$25,000,000''; and
(3) by adding at the end the following:
``(11) Prioritization.--To the maximum extent practicable, the
Secretary shall prioritize the provision of assistance under this
subsection to economically disadvantaged communities (as defined by the
Secretary under section 160 of the Water Resources Development Act of
2020 (33 U.S.C. 2201 note)), including economically disadvantaged
communities located in urban and rural areas.''.
SEC. 8388. SURPLUS WATER CONTRACTS AND WATER STORAGE AGREEMENTS.
Section 1046(c) of the Water Resources Reform and Development Act of 2014
(128 Stat. 1254; 132 Stat. 3784; 134 Stat. 2715) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
SEC. 8389. WATER SUPPLY STORAGE REPAIR, REHABILITATION, AND REPLACEMENT COSTS.
Section 301(b) of the Water Supply Act of 1958 (43 U.S.C. 390b(b)) is
amended, in the fourth proviso, by striking the second sentence and inserting
the following: ``For Corps of Engineers projects, all annual operation and
maintenance costs for municipal and industrial water supply storage under this
section shall be reimbursed from State or local interests on an annual basis,
and all repair, rehabilitation, and replacement costs for municipal and
industrial water supply storage under this section shall be reimbursed from
State or local interests (1) without interest, during construction of the
repair, rehabilitation, or replacement, (2) with interest, in lump sum on the
completion of the repair, rehabilitation, or replacement, or (3) at the request
of the State or local interest, with interest, over a period of not more than 25
years beginning on the date of completion of the repair, rehabilitation, or
replacement, with repayment contracts providing for recalculation of the
interest rate at 5-year intervals. At the request of the State or local
interest, the Secretary of the Army shall amend a repayment contract entered
into under this section on or before the date of enactment of this sentence for
the purpose of incorporating the terms and conditions described in paragraph (3)
of the preceding sentence.''.
SEC. 8390. ABANDONED AND INACTIVE NONCOAL MINE RESTORATION.
Section 560 of the Water Resources Development Act of 1999 (33 U.S.C. 2336)
is amended--
(1) in subsection (c), by inserting ``, on land held in trust by the
Secretary of the Interior on behalf of, and for the benefit of, an
Indian Tribe, or on restricted land of any Indian Tribe,'' after ``land
owned by the United States''; and
(2) in subsection (e)--
(A) by striking ``Rehabilitation'' and inserting
``Restoration''; and
(B) by striking ``Sacramento'' and inserting
``Albuquerque''; and
(3) in subsection (f), by striking ``$30,000,000'' and inserting
``$50,000,000''.
SEC. 8391. ASIAN CARP PREVENTION AND CONTROL PILOT PROGRAM.
Section 509(a)(2) of the Water Resources Development Act of 2020 (33 U.S.C.
610 note) is amended--
(1) in subparagraph (A), by striking ``or Tennessee River
Watershed'' and inserting ``, Tennessee River Watershed, or Tombigbee
River Watershed''; and
(2) in subparagraph (C)(i), by inserting ``, of which not fewer than
1 shall be carried out on the Tennessee-Tombigbee Waterway'' before the
period at the end.
SEC. 8392. ENHANCED DEVELOPMENT PROGRAM.
The Secretary shall fully implement opportunities for enhanced development
at lakes located primarily in the State of Oklahoma under the authorities
provided in section 3134 of the Water Resources Development Act of 2007 (121
Stat. 1142; 130 Stat. 1671) and section 164 of the Water Resources Development
Act of 2020 (134 Stat. 2668).
SEC. 8393. RECREATIONAL OPPORTUNITIES AT CERTAIN PROJECTS.
(a) Definitions.--In this section:
(1) Covered project.--The term ``covered project'' means any of the
following projects of the Corps of Engineers:
(A) Ball Mountain Lake, Vermont, authorized by section 203
of the Flood Control Act of 1954 (68 Stat. 1257).
(B) Townshend Lake, Vermont, authorized by section 203 of
the Flood Control Act of 1954 (68 Stat. 1257).
(2) Recreation.--The term ``recreation'' includes downstream
whitewater recreation that is dependent on operations, recreational
fishing, and boating at a covered project.
(b) Sense of Congress.--It is the sense of Congress that the Secretary
should--
(1) ensure that, to the extent compatible with other project
purposes, each covered project is operated in such a manner as to
protect and enhance recreation associated with the covered project; and
(2) manage land at each covered project to improve opportunities for
recreation at the covered project.
(c) Modification of Water Control Plans.--The Secretary may modify, or
undertake temporary deviations from, the water control plan for a covered
project in order to enhance recreation, if the Secretary determines the
modifications or deviations--
(1) will not adversely affect other authorized purposes of the
covered project; and
(2) will not result in significant adverse impacts to the
environment.
SEC. 8394. FEDERAL ASSISTANCE.
Section 1328(c) of the Water Resources Development Act of 2018 (132 Stat.
3826) is amended by striking ``4 years'' and inserting ``8 years''.
SEC. 8395. MISSISSIPPI RIVER MAT SINKING UNIT.
The Secretary shall expedite the replacement of the Mississippi River mat
sinking unit.
SEC. 8396. SENSE OF CONGRESS ON LEASE AGREEMENT.
It is the sense of Congress that the lease agreement for land and water
areas within the Prado Flood Control Basin Project Area entered into between the
Secretary and the City of Corona, California, for operations of the Corona
Municipal Airport (Recreation Lease No. DACW09-1-67-60), is a valid lease of
land at a water resources development project under section 4 of the Act of
December 22, 1944 (16 U.S.C. 460d).
SEC. 8397. EXPEDITED COMPLETION OF PROJECTS AND STUDIES.
(a) Authorized Projects and Studies.--The Secretary shall, to the maximum
extent practicable, expedite completion of the following projects and studies:
(1) Projects.--
(A) Project for Juneau and Auke Bay, Floating Wave
Attenuator, Alaska, authorized pursuant to section 204 of the
Flood Control Act of 1948 (62 Stat. 1181).
(B) Project for flood risk management, Little Colorado River
at Winslow, Navajo County, Arizona, authorized by section 401(2)
of the Water Resources Development Act of 2020 (134 Stat. 2735).
(C) Project for flood damage reduction, Rio de Flag,
Flagstaff, Arizona, authorized by section 101(b)(3) of the Water
Resources Development Act of 2000 (114 Stat. 2576).
(D) Project for navigation, including maintenance and
channel deepening, McClellan-Kerr Arkansas River, authorized
under the comprehensive plan for the Arkansas River Basin by
section 3 of the Act of June 28, 1938 (chapter 795, 52 Stat.
1218; 60 Stat. 634; 60 Stat. 647; 101 Stat. 1329-112; 117 Stat.
1842).
(E) Project for environmental restoration, Hamilton
Airfield, California, authorized by section 101(b)(3) of the
Water Resources Development Act of 1999 (113 Stat. 279; 121
Stat. 1110).
(F) Project for flood damage reduction and environmental
restoration, Middle Creek, Lake County, California, authorized
by section 1001(11) of the Water Resources Development Act of
2007 (121 Stat. 1051).
(G) The San Francisco Bay Beneficial Use Pilot Project,
California, being carried out under section 1122 of the Water
Resources Development Act of 2016 (130 Stat. 1645).
(H) Project for flood risk management, ecosystem
restoration, and recreation, South San Francisco Bay Shoreline,
California, authorized by section 1401(6) of the Water Resources
Development Act of 2016 (130 Stat. 1714).
(I) Projects for ecosystem restoration included in the
comprehensive Chesapeake Bay restoration plan developed under
the Chesapeake Bay Environmental Restoration and Protection
Program, authorized by section 510 of the Water Resources
Development Act of 1996 (110 Stat. 3759; 121 Stat. 1202; 128
Stat. 1317).
(J) Maintenance dredging and other authorized activities to
address the impacts of shoaling affecting the project for
navigation, Branford Harbor and Branford River, Branford,
Connecticut, authorized by the first section of the Act of June
13, 1902 (chapter 1079, 32 Stat. 333).
(K) Maintenance dredging and other authorized activities to
address the impacts of shoaling affecting the project for
navigation, Guilford Harbor and Sluice Channel, Connecticut,
authorized by section 2 of the Act of March 2, 1945 (chapter 19,
59 Stat. 13).
(L) Maintenance dredging and other authorized activities to
address the impacts of shoaling affecting the project for
navigation, Milford Harbor, Connecticut, authorized by the first
section of the Act of June 23, 1874 (chapter 457, 18 Stat. 241).
(M) Project for ecosystem restoration at Bay Point dredge
hole, Tampa Bay, Florida.
(N) Project for ecosystem restoration, Central and Southern
Florida, Everglades Agricultural Area, authorized by section
1308 of the Water Resources Development Act of 2018 (132 Stat.
3819; 134 Stat. 2709).
(O) An update to the water control manual for Melvin Price
Locks and Dam, Illinois, authorized by section 102 of Public Law
95-502 (92 Stat. 1695; 95 Stat. 1634).
(P) Projects for the restoration of the Illinois River
Basin, carried out pursuant to section 519 of the Water
Resources Development Act of 2000 (114 Stat. 2653; 121 Stat.
1221).
(Q) Projects for ecosystem restoration, Upper Mississippi
River and Illinois Waterway System, authorized pursuant to title
VIII of the Water Resources Development Act of 2007 (33 U.S.C.
652 note).
(R) Project for navigation, Kentucky Lock Addition,
Kentucky, authorized by section 101(a)(13) of the Water
Resources Development Act of 1996 (110 Stat. 3664).
(S) Project for flood damage reduction, Lower Jefferson
Parish, Louisiana, authorized by section 7016 of the Water
Resources Development Act of 2007 (121 Stat. 1282).
(T) The portion of the project for flood control and other
purposes, Cumberland, Maryland, consisting of the restoration of
the historic Chesapeake and Ohio Canal, authorized by section 5
of the Act of June 22, 1936 (chapter 6881, 49 Stat. 1574; 113
Stat. 375).
(U) Project for flood control, Ecorse Creek, Wayne County,
Michigan, authorized by section 101(a)(14) of the Water
Resources Development Act of 1990 (104 Stat. 4607).
(V) Projects for ecosystem restoration, Salt River Marsh
Coastal Habitat, Lake St. Clair, Michigan, authorized pursuant
to section 506 of the Water Resources Development Act of 2000
(42 U.S.C. 1962d-22).
(W) Assistance for ecosystem restoration, Lower Yellowstone
Intake Diversion Dam, Montana, authorized pursuant to section
3109 of the Water Resources Development Act of 2007 (121 Stat.
1135).
(X) Maintenance dredging and other authorized activities to
address the impacts of shoaling affecting the project for
navigation, Portsmouth Harbor and Piscataqua River, Maine and
New Hampshire, authorized by section 101 of the River and Harbor
Act of 1962 (76 Stat. 1173).
(Y) Project for flood risk management, Tulsa and West-Tulsa
Levee System, Tulsa County, Oklahoma, authorized by section
401(2) of the Water Resources Development Act of 2020 (134 Stat.
2735).
(Z) Project for flood risk management, Rio Guayanilla,
Puerto Rico, authorized by section 401(2) of the Water Resources
Development Act of 2020 (134 Stat. 2736).
(AA) Projects for critical restoration, Missouri River
Restoration, South Dakota, included in the plan developed under
section 905(e) of the Water Resources Development Act of 2000
(114 Stat. 2707).
(BB) Project for water quality control, Red River Basin
Chloride Control Area VIII, Texas, authorized pursuant to
section 203 of the Flood Control Act of 1966 (80 Stat. 1420).
(CC) Dredging for projects at Port of Galveston for Turning
Basin 2 project, Royal Terminal, Galveston Bay, Galveston,
Texas, authorized pursuant to section 1401(1) of the Water
Resources Development Act of 2018 (132 Stat. 3836).
(DD) Project for dam safety modifications, Bluestone Dam,
West Virginia, authorized pursuant to section 5 of the Act of
June 22, 1936 (chapter 688, 49 Stat. 1586).
(EE) The development and implementation of a sediment
management plan at Big Horn Lake, Wyoming, pursuant to section
1179(a) of the Water Resources Development Act of 2016 (130
Stat. 1675).
(FF) Projects authorized by section 219 of the Water
Resources Development Act of 1992.
(2) Studies.--
(A) Feasibility study of modifications to the portion of the
project for flood control, water conservation, and related
purposes, Russian River Basin, California, consisting of the
Coyote Valley Dam, authorized by section 204 of the Flood
Control Act of 1950 (64 Stat. 177; 130 Stat. 1682), to add
environmental restoration as a project purpose and to increase
water supply and improve reservoir operations.
(B) Feasibility study of modifications to the portion of the
project for flood control, Santa Ana River Mainstem, California,
consisting of Seven Oaks Dam, California, authorized by section
401(a) of the Water Resources Development Act of 1986 (100 Stat.
4113; 101 Stat. 1329-111; 104 Stat. 4611; 110 Stat. 3713; 121
Stat. 1115), to include water conservation as an authorized
purpose.
(C) Feasibility study of modifications to the project for
flood control, Redbank and Fancher Creeks, California,
authorized by section 401(a) of the Water Resources Development
Act of 1986 (100 Stat. 4112).
(D) The update of hydrological modeling of the Fox River
Basin, Illinois.
(E) Feasibility study of modifications to the channel depths
and dimensions pursuant to section 5 of the Act of March 4, 1915
(33 U.S.C. 562) for the project for navigation, Miami Harbor
Channel, Florida, authorized by section 101 of the Water
Resources Development Act of 1990 (104 Stat. 4606).
(F) A comprehensive 50-year review of the Kaskaskia River
Navigation Project, Illinois, pursuant to section 216 of the
Flood Control Act of 1970 (33 U.S.C. 549a).
(G) Feasibility study for the Mississippi River and
Tributaries project, to include the portion of the Ouachita
River Levee System at and below Monroe, Louisiana to Caldwell
Parish, Louisiana, authorized by section 204(b) of the Water
Resources and Development Act of 2020 (134 Stat. 2678).
(H) Feasibility study for the project for ecosystem
restoration and flood risk management at Coldwater Creek,
Missouri, authorized pursuant to section 1202(b) of the Water
Resources Development Act of 2018 (132 Stat. 3803).
(I) Feasibility study for the project for ecosystem
restoration and flood risk management at Maline Creek, Missouri,
authorized pursuant to section 1202(b) of the Water Resources
Development Act of 2018 (132 Stat. 3803).
(J) Feasibility study for the project for flood protection
at the Truman Lake Visitor Center, Warsaw, Missouri, authorized
by section 203 of the Flood Control Act of 1954 (68 Stat. 1262;
84 Stat. 265).
(K) Feasibility study for an updated hydrologic analysis for
the town of Estancia, Torrance County, New Mexico.
(L) Feasibility study for water supply to reduce water
consumption from the Arbuckle Simpson Aquifer, Oklahoma,
utilizing reserved municipal water supply within the Corps of
Engineers-owned lakes, pursuant to section 838 of the Water
Resources Development Act of 1986 (100 Stat. 4174).
(b) Continuing Authorities Programs.--The Secretary shall, to the maximum
extent practicable, expedite completion of the following projects and studies:
(1) Projects for flood control under section 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s) for the following areas:
(A) Lower Santa Cruz River, Arizona.
(B) McCormick Wash, Arizona.
(C) Rose and Palm Garden Washes, Arizona.
(D) The Santa Rosa Canal Alternative Conveyance Project,
Arizona.
(E) Southern Maricopa County, in the vicinity of the Ak-Chin
Reservation, Arizona.
(F) Nancy Creek, Georgia.
(G) Peachtree Creek, Georgia.
(H) Sugar Creek, Georgia.
(I) South River Basin, Georgia.
(J) Passaic River, New Jersey.
(K) Salt River Marsh Coastal Habitat, Lake St. Clair,
Michigan.
(L) Blind Brook, Rye, New York.
(M) Aibonito Creek and vicinity, Puerto Rico.
(N) Canovanas River, Puerto Rico.
(O) Municipality of Orocovis, Puerto Rico.
(P) Municipality of San Sebastian, Puerto Rico.
(Q) Municipality of Villalba, Puerto Rico.
(R) Rio Inabon, Ponce, Puerto Rico.
(S) Yauco River and Berrenchin Stream, Puerto Rico.
(2) Projects for navigation under section 107 of the River and
Harbor Act of 1960 (33 U.S.C. 577) for the following areas:
(A) Sebewaing River, Port Sanilac Harbor, Lexington Harbor,
and Harbor Beach Harbor, Michigan.
(B) Portsmouth Back Channels and Sagamore Creek, Portsmouth,
New Castle, and Rye, New Hampshire.
(C) Sturgeon Point Marina, New York.
(D) Davis Creek and Mobjack Bay, Mathews County, Virginia.
(3) Project for aquatic ecosystem restoration under section 206 of
the Water Resources Development Act of 1996 (33 U.S.C. 2330) for the
following areas:
(A) El Corazon, Arizona.
(B) San Pedro River, Cochise County and vicinity, Arizona,
including review of recharge facilities that preserve water
flows and habitats.
(4) Project modifications for improvement of the environment under
section 1135 of the Water Resources Development Act of 1986 (33 U.S.C.
2309a) for the towns of Quincy and Braintree, Massachusetts, for fish
passage on the Smelt Brook.
(5) Project for the removal of obstructions and clearing channels
for flood control under section 2 of the Act of August 28, 1937 (33
U.S.C. 701g) for the Passaic River, New Jersey.
(6) Project for shoreline erosion protection of public works under
section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r) and for
beach erosion and storm damage reduction under section 3 of the Act of
August 13, 1946 (33 U.S.C. 426g) for Buffalo, New York.
(7) Project for beach erosion and storm damage reduction under
section 3 of the Act of August 13, 1946 (33 U.S.C. 426g) for West Haven,
Connecticut.
Subtitle D--Water Resources Infrastructure
SEC. 8401. PROJECT AUTHORIZATIONS.
The following projects for water resources development and conservation and
other purposes, as identified in the reports titled ``Report to Congress on
Future Water Resources Development'' submitted to Congress pursuant to section
7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d)
or otherwise reviewed by Congress, are authorized to be carried out by the
Secretary substantially in accordance with the plans, and subject to the
conditions, described in the respective reports or decision documents designated
in this section:
(1) Navigation.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. AK Elim Subsistence March 12, Federal: $99,057,000
Harbor Study, 2021 Non-Federal: $2,517,000
Elim Total: $101,574,000
------------------------------------------------------------------------
2. CA Port of Long Beach October 14, Federal: $87,063,000
Deep Draft 2021 and May Non-Federal: $88,724,000
Navigation, Los 31, 2022 Total: $175,787,000
Angeles County
------------------------------------------------------------------------
3. GA Brunswick Harbor March 11, Federal: $10,555,500
Modifications, 2022 Non-Federal: $5,680,500
Glynn County Total: $16,236,000
------------------------------------------------------------------------
4. NY, New York -- New June 3, 2022 Federal: $2,408,268,000
NJ Jersey Harbor Non-Federal: $3,929,279,000
Deepening Channel Total: $6,337,547,000
Improvements
------------------------------------------------------------------------
5. WA Tacoma Harbor May 26, 2022 Federal: $140,022,000
Navigation Non-Federal: $203,561,000
Improvement Total: $343,583,000
Project
------------------------------------------------------------------------
(2) Flood risk management.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. AL Selma Flood Risk October 7, Federal: $16,978,000
Management and 2021 Non-Federal: $9,142,000
Bank Total: $26,120,000
Stabilization
------------------------------------------------------------------------
2. AL Valley Creek Flood October 29, Federal: $21,993,000
Risk Management, 2021 Non-Federal: $11,906,000
Bessemer and Total: $33,899,000
Birmingham
------------------------------------------------------------------------
3. CA Lower Cache Creek, June 21, 2021 Federal: $238,151,550
Yolo County, Non-Federal: $128,235,450
Woodland and Total: $366,387,000
Vicinity
------------------------------------------------------------------------
4. NE Papillion Creek January 24, Federal: $100,618,000
and Tributaries 2022 Non-Federal: $57,359,000
Lakes Total: $157,977,000
------------------------------------------------------------------------
5. OR Portland Metro August 20, Federal: $89,708,000
Levee System 2021 Non-Federal: $48,304,000
Total: $138,012,000
------------------------------------------------------------------------
6. PR Rio Guanajibo May 24, 2022 Federal: $184,778,000
Flood Risk Non-Federal: $0
Management, Total: $184,778,000
Mayaguez,
Hormigueros, and
San German
------------------------------------------------------------------------
(3) Hurricane and storm damage risk reduction.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. CT Fairfield and New January 19, Federal: $107,350,000
Haven Counties 2021 Non-Federal: $57,804,000
Coastal Storm Total: $165,154,000
Risk Management
------------------------------------------------------------------------
2. FL Florida Keys, September 24, Federal: $1,774,631,000
Monroe County, 2021 Non-Federal: $955,570,000
Coastal Storm Total: $2,730,201,000
Risk Management
------------------------------------------------------------------------
3. FL Miami-Dade County, September 26, Initial Federal:
Main Segment, 2022 $25,091,000
Coastal Storm Initial Non-Federal:
Risk Management $18,470,000
Total: $43,561,000
Renourishment Federal:
$143,874,000
Renourishment Non-Federal:
$180,898,000
Renourishment Total:
$324,772,000
------------------------------------------------------------------------
4. FL Okaloosa County, October 7, Initial Federal:
Coastal Storm 2021 $21,274,025
Risk Management Initial Non-Federal:
$12,379,975
Total: $33,654,000
Renourishment Federal:
$76,345,000
Renourishment Non-Federal:
$79,292,000
Renourishment Total:
$155,637,000
------------------------------------------------------------------------
5. FL Pinellas County, October 29, Initial Federal: $6,097,000
Treasure Island 2021 Initial Non-Federal:
and Long Key $9,864,000
Segments, Coastal Total: $15,961,000
Storm Risk Renourishment Federal:
Management $115,551,000
Renourishment Non-Federal:
$104,540,000
Renourishment Total:
$220,091,000
------------------------------------------------------------------------
6. LA South Central June 23, 2022 Federal: $809,297,450
Coast, Louisiana Non-Federal: $435,775,550
Hurricane and Total: $1,245,073,000
Storm Damage Risk
Reduction
------------------------------------------------------------------------
7. LA Upper Barataria January 28, Federal: $1,184,472,250
Basin Hurricane 2022 Non-Federal: $637,792,750
and Storm Damage Total: $1,822,265,000
Risk Reduction
------------------------------------------------------------------------
8. NY South Shore of October 27, Federal: $1,086,000,000
Staten Island, 2016 Non-Federal: $585,000,000
Fort Wadsworth to Total: $1,671,000,000
Oakwood Beach,
Coastal Storm
Risk Management
------------------------------------------------------------------------
9. PR San Juan September 16, Federal: $288,294,000
Metropolitan Area 2021 Non-Federal: $155,235,000
Coastal Storm Total: $443,529,000
Risk Management
------------------------------------------------------------------------
10. SC Charleston June 10, 2022 Federal: $828,657,050
Peninsula, Non-Federal: $446,199,950
Coastal Storm Total: $1,274,857,000
Risk Management
------------------------------------------------------------------------
11. SC Folly Beach, October 26, Initial Federal:
Coastal Storm 2021 $49,919,000
Risk Management Initial Non-Federal:
$5,546,000
Total: $55,465,000
Renourishment Federal:
$180,433,000
Renourishment Non-Federal:
$29,373,000
Renourishment Total:
$209,806,000
------------------------------------------------------------------------
(4) Flood risk management and ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. TX Coastal Texas September 16, Federal: $21,380,214,000
Protection and 2021 Non-Federal:
Restoration $12,999,708,000
Total: $34,379,922,000
------------------------------------------------------------------------
(5) Ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. CA Prado Basin April 22, Federal: $35,265,100
Ecosystem 2021 Non-Federal: $22,373,900
Restoration, San Total: $57,639,000
Bernardino,
Riverside and
Orange Counties
------------------------------------------------------------------------
2. KY Three Forks of May 24, 2022 Federal: $77,352,671
Beargrass Creek Non-Federal: $52,539,940
Ecosystem Total: $129,892,611
Restoration,
Louisville
------------------------------------------------------------------------
(6) Modifications and other projects.--
------------------------------------------------------------------------
C. Date of
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. DC Washington, D.C. July 22, 2021 Federal: $19,830,000
and Vicinity Non-Federal: $0
Flood Risk Total: $19,830,000
Management
------------------------------------------------------------------------
2. FL Central and June 30, 2022 Federal: $2,707,950,500
Southern Florida, Non-Federal: $2,707,950,500
Indian River Total: $5,415,901,000
Lagoon
------------------------------------------------------------------------
3. LA Lake Pontchartrain December 16, Federal: $950,303,250
and Vicinity 2021 Non-Federal: $511,701,750
Total: $1,462,005,000
------------------------------------------------------------------------
4. LA West Bank and December 17, Federal: $508,337,700
Vicinity 2021 Non-Federal: $273,720,300
Total: $782,058,000
------------------------------------------------------------------------
5. MI New Soo Lock June 6, 2022 Federal: $3,218,944,000
Construction Non-Federal: $0
Project, Sault Total: $3,218,944,000
Ste. Marie,
Chippewa County
------------------------------------------------------------------------
6. WA Howard A. Hanson May 19, 2022 Federal: $878,530,000
Dam, Water Supply Non-Federal: $43,085,000
and Ecosystem Total: $921,615,000
Restoration
------------------------------------------------------------------------
SEC. 8402. SPECIAL RULES.
(a) South Shore of Staten Island, New York.--The Federal share of any
portion of the cost to design and construct the project for coastal storm risk
management, South Shore of Staten Island, Fort Wadsworth to Oakwood Beach, New
York, authorized by this Act, that exceeds the estimated total project cost
specified in the project partnership agreement for the project, signed by the
Secretary on February 15, 2019, shall be 90 percent.
(b) Charleston Peninsula, South Carolina.--
(1) In general.--Not later than 90 days after the last day of the
covered period, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate, a request
for deauthorization of the project for hurricane and storm damage risk
reduction, Charleston Peninsula, South Carolina, authorized by this Act,
if the non-Federal interest has not entered into a project partnership
agreement for the project, or a separable element of the project, prior
to such last day.
(2) Definition of covered period.--In this subsection, the term
``covered period'' means the period beginning on the date of enactment
of this Act and ending on the date that is--
(A) 10 years after the date of enactment of this Act; or
(B) 10 years after the date on which a design agreement for
the project described in paragraph (1) is executed, if such
design agreement is executed prior to the date that is 10 years
after the date of enactment of this Act.
SEC. 8403. FACILITY INVESTMENT.
(a) In General.--Subject to subsection (b), using amounts available in the
revolving fund established by the first section of the Civil Functions
Appropriations Act, 1954 (33 U.S.C. 576), and not otherwise obligated, the
Secretary may--
(1) design and construct the lab and office facility for a Mandatory
Center of Expertise in Branson, Missouri, described in the prospectus
submitted to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate on June 10, 2022, pursuant to subsection (c) of such
Act (33 U.S.C. 576(c)), substantially in accordance with such
prospectus; and
(2) carry out such construction and infrastructure improvements as
are required to support such lab and office facility, including any
necessary demolition of the existing infrastructure.
(b) Requirement.--In carrying out subsection (a), the Secretary shall ensure
that the revolving fund established by the first section of the Civil Functions
Appropriations Act, 1954 (33 U.S.C. 576) is appropriately reimbursed from funds
appropriated for Corps of Engineers programs that benefit from the lab and
office facility constructed under this section.
TITLE LXXXV--CLEAN WATER
Sec. 8501. Regional water programs.
Sec. 8502. Nonpoint source management programs.
Sec. 8503. Wastewater assistance to colonias.
SEC. 8501. REGIONAL WATER PROGRAMS.
(a) San Francisco Bay Restoration Grant Program.--Title I of the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the
end the following:
``SEC. 125. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Estuary partnership.--The term `Estuary Partnership' means the
San Francisco Estuary Partnership, designated as the management
conference for the San Francisco Bay under section 320.
``(2) San francisco bay plan.--The term `San Francisco Bay Plan'
means--
``(A) until the date of the completion of the plan developed
by the Director under subsection (d), the comprehensive
conservation and management plan approved under section 320 for
the San Francisco Bay estuary; and
``(B) on and after the date of the completion of the plan
developed by the Director under subsection (d), the plan
developed by the Director under subsection (d).
``(b) Program Office.--
``(1) Establishment.--The Administrator shall establish in the
Environmental Protection Agency a San Francisco Bay Program Office. The
Office shall be located at the headquarters of Region 9 of the
Environmental Protection Agency.
``(2) Appointment of director.--The Administrator shall appoint a
Director of the Office, who shall have management experience and
technical expertise relating to the San Francisco Bay and be highly
qualified to direct the development and implementation of projects,
activities, and studies necessary to implement the San Francisco Bay
Plan.
``(3) Delegation of authority; staffing.--The Administrator shall
delegate to the Director such authority and provide such staff as may be
necessary to carry out this section.
``(c) Annual Priority List.--
``(1) In general.--After providing public notice, the Director shall
annually compile a priority list, consistent with the San Francisco Bay
Plan, identifying and prioritizing the projects, activities, and studies
to be carried out with amounts made available under subsection (e).
``(2) Inclusions.--The annual priority list compiled under paragraph
(1) shall include the following:
``(A) Projects, activities, and studies, including
restoration projects and habitat improvement for fish,
waterfowl, and wildlife, that advance the goals and objectives
of the San Francisco Bay Plan, for--
``(i) water quality improvement, including the
reduction of marine litter;
``(ii) wetland, riverine, and estuary restoration
and protection;
``(iii) nearshore and endangered species recovery;
and
``(iv) adaptation to climate change.
``(B) Information on the projects, activities, and studies
specified under subparagraph (A), including--
``(i) the identity of each entity receiving
assistance pursuant to subsection (e); and
``(ii) a description of the communities to be
served.
``(C) The criteria and methods established by the Director
for identification of projects, activities, and studies to be
included on the annual priority list.
``(3) Consultation.--In compiling the annual priority list under
paragraph (1), the Director shall consult with, and consider the
recommendations of--
``(A) the Estuary Partnership;
``(B) the State of California and affected local governments
in the San Francisco Bay estuary watershed;
``(C) the San Francisco Bay Restoration Authority; and
``(D) any other relevant stakeholder involved with the
protection and restoration of the San Francisco Bay estuary that
the Director determines to be appropriate.
``(d) San Francisco Bay Plan.--
``(1) In general.--Not later than 5 years after the date of
enactment of this section, the Director, in conjunction with the Estuary
Partnership, shall review and revise the comprehensive conservation and
management plan approved under section 320 for the San Francisco Bay
estuary to develop a plan to guide the projects, activities, and studies
of the Office to address the restoration and protection of the San
Francisco Bay.
``(2) Revision of san francisco bay plan.--Not less often than once
every 5 years after the date of the completion of the plan described in
paragraph (1), the Director shall review, and revise as appropriate, the
San Francisco Bay Plan.
``(3) Outreach.--In carrying out this subsection, the Director shall
consult with the Estuary Partnership and Indian tribes and solicit input
from other non-Federal stakeholders.
``(e) Grant Program.--
``(1) In general.--The Director may provide funding through
cooperative agreements, grants, or other means to State and local
agencies, special districts, and public or nonprofit agencies,
institutions, and organizations, including the Estuary Partnership, for
projects, activities, and studies identified on the annual priority list
compiled under subsection (c).
``(2) Maximum amount of grants; non-federal share.--
``(A) Maximum amount of grants.--Amounts provided to any
entity under this section for a fiscal year shall not exceed an
amount equal to 75 percent of the total cost of any projects,
activities, and studies that are to be carried out using those
amounts.
``(B) Non-federal share.--Not less than 25 percent of the
cost of any project, activity, or study carried out using
amounts provided under this section shall be provided from non-
Federal sources.
``(f) Funding.--
``(1) Administrative expenses.--Of the amount made available to
carry out this section for a fiscal year, the Director may not use more
than 5 percent to pay administrative expenses incurred in carrying out
this section.
``(2) Prohibition.--No amounts made available under this section may
be used for the administration of a management conference under section
320.''.
(b) Puget Sound Coordinated Recovery.--Title I of the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.) is further amended by adding at
the end the following:
``SEC. 126. PUGET SOUND.
``(a) Definitions.--In this section:
``(1) Coastal nonpoint pollution control program.--The term `Coastal
Nonpoint Pollution Control Program' means the State of Washington's
Coastal Nonpoint Pollution Control Program approved under section 6217
of the Coastal Zone Act Reauthorization Amendments of 1990.
``(2) Director.--The term `Director' means the Director of the
Program Office.
``(3) Federal action plan.--The term `Federal Action Plan' means the
plan developed under subsection (c)(3)(B).
``(4) International joint commission.--The term `International Joint
Commission' means the International Joint Commission established by the
Treaty relating to the boundary waters and questions arising along the
boundary between the United States and Canada, signed at Washington
January 11, 1909, and entered into force May 5, 1910 (36 Stat. 2448; TS
548; 12 Bevans 319).
``(5) Pacific salmon commission.--The term `Pacific Salmon
Commission' means the Pacific Salmon Commission established by the
United States and Canada under the Treaty concerning Pacific salmon,
with annexes and memorandum of understanding, signed at Ottawa January
28, 1985, and entered into force March 18, 1985 (TIAS 11091; 1469 UNTS
357) (commonly known as the `Pacific Salmon Treaty').
``(6) Program office.--The term `Program Office' means the Puget
Sound Recovery National Program Office established by subsection (b).
``(7) Puget sound action agenda; action agenda.--The term `Puget
Sound Action Agenda' or `Action Agenda' means the most recent plan
developed by the Puget Sound National Estuary Program Management
Conference, in consultation with the Puget Sound Tribal Management
Conference, and approved by the Administrator as the comprehensive
conservation and management plan for the Puget Sound under section 320.
``(8) Puget sound federal leadership task force.--The term `Puget
Sound Federal Leadership Task Force' means the Puget Sound Federal
Leadership Task Force established under subsection (c).
``(9) Puget sound federal task force.--The term `Puget Sound Federal
Task Force' means the Puget Sound Federal Task Force established in 2016
under a memorandum of understanding among 9 Federal agencies.
``(10) Puget sound national estuary program management conference.--
The term `Puget Sound National Estuary Program Management Conference'
means the management conference for the Puget Sound convened pursuant to
section 320.
``(11) Puget sound partnership.--The term `Puget Sound Partnership'
means the State agency created under the laws of the State of Washington
(section 90.71.210 of the Revised Code of Washington), or its successor
agency that has been designated by the Administrator as the lead entity
to support the Puget Sound National Estuary Program Management
Conference.
``(12) Puget sound region.--
``(A) In general.--The term `Puget Sound region' means the
land and waters in the northwest corner of the State of
Washington from the Canadian border to the north to the Pacific
Ocean on the west, including Hood Canal and the Strait of Juan
de Fuca.
``(B) Inclusion.--The term `Puget Sound region' includes all
watersheds that drain into the Puget Sound.
``(13) Puget sound tribal management conference.--The term `Puget
Sound Tribal Management Conference' means the 20 treaty Indian tribes of
western Washington and the Northwest Indian Fisheries Commission.
``(14) Salish sea.--The term `Salish Sea' means the network of
coastal waterways on the west coast of North America that includes the
Puget Sound, the Strait of Georgia, and the Strait of Juan de Fuca.
``(15) Salmon recovery plans.--The term `Salmon Recovery Plans'
means the recovery plans for salmon and steelhead species approved by
the Secretary of the Interior under section 4(f) of the Endangered
Species Act of 1973 that are applicable to the Puget Sound region.
``(16) State advisory committee.--The term `State Advisory
Committee' means the advisory committee established by subsection (d).
``(17) Treaty rights at risk initiative.--The term `Treaty Rights at
Risk Initiative' means the report from the treaty Indian tribes of
western Washington entitled `Treaty Rights At Risk: Ongoing Habitat
Loss, the Decline of the Salmon Resource, and Recommendations for
Change' and dated July 14, 2011, or its successor report that outlines
issues and offers solutions for the protection of Tribal treaty rights,
recovery of salmon habitat, and management of sustainable treaty and
nontreaty salmon fisheries, including through Tribal salmon hatchery
programs.
``(b) Puget Sound Recovery National Program Office.--
``(1) Establishment.--There is established in the Environmental
Protection Agency a Puget Sound Recovery National Program Office, to be
located in the State of Washington.
``(2) Director.--
``(A) In general.--There shall be a Director of the Program
Office, who shall have leadership and project management
experience and shall be highly qualified to--
``(i) direct the integration of multiple project
planning efforts and programs from different agencies
and jurisdictions; and
``(ii) align numerous, and possibly competing,
priorities to accomplish visible and measurable outcomes
under the Action Agenda.
``(B) Position.--The position of Director of the Program
Office shall be a career reserved position, as such term is
defined in section 3132 of title 5, United States Code.
``(3) Delegation of authority; staffing.--Using amounts made
available to carry out this section, the Administrator shall delegate to
the Director such authority and provide such staff as may be necessary
to carry out this section.
``(4) Duties.--The Director shall--
``(A) coordinate and manage the timely execution of the
requirements of this section, including the formation and
meetings of the Puget Sound Federal Leadership Task Force;
``(B) coordinate activities related to the restoration and
protection of the Puget Sound across the Environmental
Protection Agency;
``(C) coordinate and align the activities of the
Administrator with the Action Agenda, Salmon Recovery Plans, the
Treaty Rights at Risk Initiative, and the Coastal Nonpoint
Pollution Control Program;
``(D) promote the efficient use of Environmental Protection
Agency resources in pursuit of the restoration and protection of
the Puget Sound;
``(E) serve on the Puget Sound Federal Leadership Task Force
and collaborate with, help coordinate, and implement activities
with other Federal agencies that have responsibilities involving
the restoration and protection of the Puget Sound;
``(F) provide or procure such other advice, technical
assistance, research, assessments, monitoring, or other support
as is determined by the Director to be necessary or prudent to
most efficiently and effectively fulfill the objectives and
priorities of the Action Agenda, the Salmon Recovery Plans, the
Treaty Rights at Risk Initiative, and the Coastal Nonpoint
Pollution Control Program, consistent with the best available
science, to ensure the health of the Puget Sound ecosystem;
``(G) track the progress of the Environmental Protection
Agency toward meeting the agency's specified objectives and
priorities within the Action Agenda and the Federal Action Plan;
``(H) implement the recommendations of the Comptroller
General set forth in the report entitled `Puget Sound
Restoration: Additional Actions Could Improve Assessments of
Progress' and dated July 19, 2018;
``(I) serve as liaison and coordinate activities for the
restoration and protection of the Salish Sea with Canadian
authorities, the Pacific Salmon Commission, and the
International Joint Commission; and
``(J) carry out such additional duties as the Director
determines necessary and appropriate.
``(c) Puget Sound Federal Leadership Task Force.--
``(1) Establishment.--There is established a Puget Sound Federal
Leadership Task Force.
``(2) Membership.--
``(A) Composition.--The Puget Sound Federal Leadership Task
Force shall be composed of the following members:
``(i) The following individuals appointed by the
Secretary of Agriculture:
``(I) A representative of the National
Forest Service.
``(II) A representative of the Natural
Resources Conservation Service.
``(ii) A representative of the National Oceanic and
Atmospheric Administration appointed by the Secretary of
Commerce.
``(iii) The following individuals appointed by the
Secretary of Defense:
``(I) A representative of the Corps of
Engineers.
``(II) A representative of the Joint Base
Lewis-McChord.
``(III) A representative of the Commander,
Navy Region Northwest.
``(iv) The Director of the Program Office.
``(v) The following individuals appointed by the
Secretary of Homeland Security:
``(I) A representative of the Coast Guard.
``(II) A representative of the Federal
Emergency Management Agency.
``(vi) The following individuals appointed by the
Secretary of the Interior:
``(I) A representative of the Bureau of
Indian Affairs.
``(II) A representative of the United States
Fish and Wildlife Service.
``(III) A representative of the United
States Geological Survey.
``(IV) A representative of the National Park
Service.
``(vii) The following individuals appointed by the
Secretary of Transportation:
``(I) A representative of the Federal
Highway Administration.
``(II) A representative of the Federal
Transit Administration.
``(viii) Representatives of such other Federal
agencies, programs, and initiatives as the other members
of the Puget Sound Federal Leadership Task Force
determines necessary.
``(B) Qualifications.--Members appointed under this
paragraph shall have experience and expertise in matters of
restoration and protection of large watersheds and bodies of
water, or related experience that will benefit the restoration
and protection of the Puget Sound.
``(C) Co-chairs.--
``(i) In general.--The following members of the
Puget Sound Federal Leadership Task Force shall serve as
Co-Chairs of the Puget Sound Federal Leadership Task
Force:
``(I) The representative of the National
Oceanic and Atmospheric Administration.
``(II) The Director of the Program Office.
``(III) The representative of the Corps of
Engineers.
``(ii) Leadership.--The Co-Chairs shall ensure the
Puget Sound Federal Leadership Task Force completes its
duties through robust discussion of all relevant issues.
The Co-Chairs shall share leadership responsibilities
equally.
``(3) Duties.--
``(A) General duties.--The Puget Sound Federal Leadership
Task Force shall--
``(i) uphold Federal trust responsibilities to
restore and protect resources crucial to Tribal treaty
rights, including by carrying out government-to-
government consultation with Indian tribes when
requested by such tribes;
``(ii) provide a venue for dialogue and coordination
across all Federal agencies represented by a member of
the Puget Sound Federal Leadership Task Force to align
Federal resources for the purposes of carrying out the
requirements of this section and all other Federal laws
that contribute to the restoration and protection of the
Puget Sound, including by--
``(I) enabling and encouraging such agencies
to act consistently with the objectives and
priorities of the Action Agenda, the Salmon
Recovery Plans, the Treaty Rights at Risk
Initiative, and the Coastal Nonpoint Pollution
Control Program;
``(II) facilitating the coordination of
Federal activities that impact such restoration
and protection;
``(III) facilitating the delivery of
feedback given by such agencies to the Puget
Sound Partnership during the development of the
Action Agenda;
``(IV) facilitating the resolution of
interagency conflicts associated with such
restoration and protection among such agencies;
``(V) providing a forum for exchanging
information among such agencies regarding
activities being conducted, including obstacles
or efficiencies found, during restoration and
protection activities; and
``(VI) promoting the efficient use of
government resources in pursuit of such
restoration and protection through coordination
and collaboration, including by ensuring that
the Federal efforts relating to the science
necessary for such restoration and protection
are consistent, and not duplicative, across the
Federal Government;
``(iii) catalyze public leaders at all levels to
work together toward shared goals by demonstrating
interagency best practices coming from such agencies;
``(iv) provide advice and support on scientific and
technical issues and act as a forum for the exchange of
scientific information about the Puget Sound;
``(v) identify and inventory Federal environmental
research and monitoring programs related to the Puget
Sound, and provide such inventory to the Puget Sound
National Estuary Program Management Conference;
``(vi) ensure that Puget Sound restoration and
protection activities are as consistent as practicable
with ongoing restoration and protection and related
efforts in the Salish Sea that are being conducted by
Canadian authorities, the Pacific Salmon Commission, and
the International Joint Commission;
``(vii) ensure that Puget Sound restoration and
protection activities are consistent with national
security interests;
``(viii) establish any working groups or committees
necessary to assist the Puget Sound Federal Leadership
Task Force in its duties, including relating to public
policy and scientific issues; and
``(ix) raise national awareness of the significance
of the Puget Sound.
``(B) Puget sound federal action plan.--
``(i) In general.--Not later than 5 years after the
date of enactment of this section, the Puget Sound
Federal Leadership Task Force shall develop and approve
a Federal Action Plan that leverages Federal programs
across agencies and serves to coordinate diverse
programs and priorities for the restoration and
protection of the Puget Sound.
``(ii) Revision of puget sound federal action
plan.--Not less often than once every 5 years after the
date of approval of the Federal Action Plan under clause
(i), the Puget Sound Federal Leadership Task Force shall
review, and revise as appropriate, the Federal Action
Plan.
``(C) Feedback by federal agencies.--In facilitating
feedback under subparagraph (A)(ii)(III), the Puget Sound
Federal Leadership Task Force shall request Federal agencies to
consider, at a minimum, possible Federal actions within the
Puget Sound region designed to--
``(i) further the goals, targets, and actions of the
Action Agenda, the Salmon Recovery Plans, the Treaty
Rights at Risk Initiative, and the Coastal Nonpoint
Pollution Control Program;
``(ii) as applicable, implement and enforce this
Act, the Endangered Species Act of 1973, and all other
Federal laws that contribute to the restoration and
protection of the Puget Sound, including those that
protect Tribal treaty rights;
``(iii) prevent the introduction and spread of
invasive species;
``(iv) protect marine and wildlife habitats;
``(v) protect, restore, and conserve forests,
wetlands, riparian zones, and nearshore waters;
``(vi) promote resilience to climate change and
ocean acidification effects;
``(vii) restore fisheries so that they are
sustainable and productive;
``(viii) preserve biodiversity;
``(ix) restore and protect ecosystem services that
provide clean water, filter toxic chemicals, and
increase ecosystem resilience; and
``(x) improve water quality, including by preventing
and managing stormwater runoff, incorporating erosion
control techniques and trash capture devices, using
sustainable stormwater practices, and mitigating and
minimizing nonpoint source pollution, including marine
litter.
``(4) Participation of state advisory committee and puget sound
tribal management conference.--The Puget Sound Federal Leadership Task
Force shall carry out its duties with input from, and in collaboration
with, the State Advisory Committee and the Puget Sound Tribal Management
Conference, including by seeking advice and recommendations on the
actions, progress, and issues pertaining to the restoration and
protection of the Puget Sound.
``(5) Meetings.--
``(A) Initial meeting.--The Puget Sound Federal Leadership
Task Force shall meet not later than 180 days after the date of
enactment of this section--
``(i) to determine if all Federal agencies are
properly represented;
``(ii) to establish the bylaws of the Puget Sound
Federal Leadership Task Force;
``(iii) to establish necessary working groups or
committees; and
``(iv) to determine subsequent meeting times, dates,
and logistics.
``(B) Subsequent meetings.--After the initial meeting, the
Puget Sound Federal Leadership Task Force shall meet, at a
minimum, twice per year to carry out the duties of the Puget
Sound Federal Leadership Task Force.
``(C) Working group meetings.--A meeting of any established
working group or committee of the Puget Sound Federal Leadership
Task Force shall not be considered a biannual meeting for
purposes of subparagraph (B).
``(D) Joint meetings.--The Puget Sound Federal Leadership
Task Force--
``(i) shall offer to meet jointly with the Puget
Sound National Estuary Program Management Conference and
the Puget Sound Tribal Management Conference, at a
minimum, once per year; and
``(ii) may consider such a joint meeting to be a
biannual meeting of the Puget Sound Federal Leadership
Task Force for purposes of subparagraph (B).
``(E) Quorum.--A simple majority of the members of the Puget
Sound Federal Leadership Task Force shall constitute a quorum.
``(F) Voting.--For the Puget Sound Federal Leadership Task
Force to take an official action, a quorum shall be present, and
at least a two-thirds majority of the members present shall vote
in the affirmative.
``(6) Puget sound federal leadership task force procedures and
advice.--
``(A) Advisors.--The Puget Sound Federal Leadership Task
Force may seek advice and input from any interested,
knowledgeable, or affected party as the Puget Sound Federal
Leadership Task Force determines necessary to perform its
duties.
``(B) Compensation.--A member of the Puget Sound Federal
Leadership Task Force shall receive no additional compensation
for service as a member on the Puget Sound Federal Leadership
Task Force.
``(C) Travel expenses.--Travel expenses incurred by a member
of the Puget Sound Federal Leadership Task Force in the
performance of service on the Puget Sound Federal Leadership
Task Force may be paid by the agency that the member represents.
``(7) Puget sound federal task force.--
``(A) In general.--On the date of enactment of this section,
the 2016 memorandum of understanding establishing the Puget
Sound Federal Task Force shall cease to be effective.
``(B) Use of previous work.--The Puget Sound Federal
Leadership Task Force shall, to the extent practicable, use the
work product produced, relied upon, and analyzed by the Puget
Sound Federal Task Force in order to avoid duplicating the
efforts of the Puget Sound Federal Task Force.
``(d) State Advisory Committee.--
``(1) Establishment.--There is established a State Advisory
Committee.
``(2) Membership.--The State Advisory Committee shall consist of up
to seven members designated by the governing body of the Puget Sound
Partnership, in consultation with the Governor of Washington, who will
represent Washington State agencies that have significant roles and
responsibilities related to the restoration and protection of the Puget
Sound.
``(e) Puget Sound Federal Leadership Task Force Biennial Report on Puget
Sound Restoration and Protection Activities.--
``(1) In general.--Not later than 1 year after the date of enactment
of this section, and biennially thereafter, the Puget Sound Federal
Leadership Task Force, in collaboration with the Puget Sound Tribal
Management Conference and the State Advisory Committee, shall submit to
the President, Congress, the Governor of Washington, and the governing
body of the Puget Sound Partnership a report that summarizes the
progress, challenges, and milestones of the Puget Sound Federal
Leadership Task Force relating to the restoration and protection of the
Puget Sound.
``(2) Contents.--The report submitted under paragraph (1) shall
include a description of the following:
``(A) The roles and progress of each State, local government
entity, and Federal agency that has jurisdiction in the Puget
Sound region relating to meeting the identified objectives and
priorities of the Action Agenda, the Salmon Recovery Plans, the
Treaty Rights at Risk Initiative, and the Coastal Nonpoint
Pollution Control Program.
``(B) If available, the roles and progress of Tribal
governments that have jurisdiction in the Puget Sound region
relating to meeting the identified objectives and priorities of
the Action Agenda, the Salmon Recovery Plans, the Treaty Rights
at Risk Initiative, and the Coastal Nonpoint Pollution Control
Program.
``(C) A summary of specific recommendations concerning
implementation of the Action Agenda and the Federal Action Plan,
including challenges, barriers, and anticipated milestones,
targets, and timelines.
``(D) A summary of progress made by Federal agencies toward
the priorities identified in the Federal Action Plan.
``(f) Tribal Rights and Consultation.--
``(1) Preservation of tribal treaty rights.--Nothing in this section
affects, or is intended to affect, any right reserved by treaty between
the United States and one or more Indian tribes.
``(2) Consultation.--Nothing in this section affects any
authorization or obligation of a Federal agency to consult with an
Indian tribe under any other provision of law.
``(g) Consistency.--
``(1) In general.--Actions authorized or implemented under this
section shall be consistent with--
``(A) the Salmon Recovery Plans;
``(B) the Coastal Nonpoint Pollution Control Program; and
``(C) the water quality standards of the State of Washington
approved by the Administrator under section 303.
``(2) Federal actions.--All Federal agencies represented on the
Puget Sound Federal Leadership Task Force shall act consistently with
the protection of Tribal, treaty-reserved rights and, to the greatest
extent practicable given such agencies' existing obligations under
Federal law, act consistently with the objectives and priorities of the
Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk
Initiative, and the Coastal Nonpoint Pollution Control Program, when--
``(A) conducting Federal agency activities within or outside
the Puget Sound that affect any land or water use or natural
resources of the Puget Sound region, including activities
performed by a contractor for the benefit of a Federal agency;
``(B) interpreting and enforcing regulations that impact the
restoration and protection of the Puget Sound;
``(C) issuing Federal licenses or permits that impact the
restoration and protection of the Puget Sound; and
``(D) granting Federal assistance to State, local, and
Tribal governments for activities related to the restoration and
protection of the Puget Sound.''.
(c) Lake Pontchartrain Basin Restoration Program.--
(1) Review of comprehensive management plan.--Section 121 of the
Federal Water Pollution Control Act (33 U.S.C. 1273) is amended--
(A) in subsection (c)--
(i) in paragraph (5), by striking ``; and'' and
inserting a semicolon;
(ii) in paragraph (6), by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(7) ensure that the comprehensive conservation and management plan
approved for the Basin under section 320 is reviewed and revised in
accordance with section 320 not less often than once every 5 years,
beginning on the date of enactment of this paragraph.''; and
(B) in subsection (d), by striking ``recommended by a
management conference convened for the Basin under section 320''
and inserting ``identified in the comprehensive conservation and
management plan approved for the Basin under section 320''.
(2) Definitions.--Section 121(e)(1) of the Federal Water Pollution
Control Act (33 U.S.C. 1273(e)(1)) is amended by striking ``, a 5,000
square mile'' and inserting ``, a 10,000 square mile''.
(3) Administrative costs.--Section 121(f) of the Federal Water
Pollution Control Act (33 U.S.C. 1273(f)) is amended by adding at the
end the following:
``(3) Administrative expenses.--Not more than 5 percent of the
amounts appropriated to carry out this section may be used for
administrative expenses.''.
SEC. 8502. NONPOINT SOURCE MANAGEMENT PROGRAMS.
Section 319(j) of the Federal Water Pollution Control Act (33 U.S.C.
1329(j)) is amended by striking ``subsections (h) and (i) not to exceed'' and
all that follows through ``fiscal year 1991'' and inserting ``subsections (h)
and (i) $200,000,000 for each of fiscal years 2023 through 2027''.
SEC. 8503. WASTEWATER ASSISTANCE TO COLONIAS.
Section 307 of the Safe Drinking Water Act Amendments of 1996 (33 U.S.C.
1281 note) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) Covered entity.--The term `covered entity' means each of the
following:
``(A) A border State.
``(B) A local government with jurisdiction over an eligible
community.'';
(2) in subsection (b), by striking ``border State'' and inserting
``covered entity'';
(3) in subsection (d), by striking ``shall not exceed 50 percent''
and inserting ``may not be less than 80 percent''; and
(4) in subsection (e)--
(A) by striking ``$25,000,000'' and inserting
``$100,000,000''; and
(B) by striking ``1997 through 1999'' and inserting ``2023
through 2027''.
DIVISION I--DEPARTMENT OF STATE AUTHORIZATIONS
SEC. 9001. SHORT TITLE.
This division may be cited as the ``Department of State Authorization Act of
2022''.
SEC. 9002. DEFINITIONS.
In this division:
(1) Administrator.--The term ``Administrator'' means the
Administrator of USAID.
(2) Appropriate congressional committees.--The term ``appropriate
congressional committees'' means the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House of
Representatives.
(3) Department.--Unless otherwise specified, the term ``Department''
means the Department of State.
(4) Secretary.--Unless otherwise specified, the term ``Secretary''
means the Secretary of State.
(5) USAID.--The term ``USAID'' means the United States Agency for
International Development.
TITLE XCI--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
SEC. 9101. MODERNIZING THE BUREAU OF ARMS CONTROL, VERIFICATION, AND COMPLIANCE
AND THE BUREAU OF INTERNATIONAL SECURITY AND NONPROLIFERATION.
It is the sense of Congress that--
(1) the Secretary should take steps to address staffing shortfalls
in the chemical, biological, and nuclear weapons issue areas in the
Bureau of Arms Control, Verification and Compliance and in the Bureau of
International Security and Nonproliferation;
(2) maintaining a fully staffed and resourced Bureau of Arms
Control, Verification and Compliance and Bureau of International
Security and Nonproliferation is necessary to effectively confront the
threat of increased global proliferation; and
(3) the Secretary, acting through the Bureau of Arms Control,
Verification and Compliance and the Bureau of International Security and
Nonproliferation, should increase efforts and dedicate resources to
combat the dangers posed by the People's Republic of China's
conventional and nuclear build-up, the Russian Federation's tactical
nuclear weapons and new types of nuclear weapons, bioweapons
proliferation, dual use of life sciences research, and chemical weapons.
SEC. 9102. NOTIFICATION TO CONGRESS FOR UNITED STATES NATIONALS UNLAWFULLY OR
WRONGFULLY DETAINED ABROAD.
Section 302 of the Robert Levinson Hostage Recovery and Hostage-Taking
Accountability Act (22 U.S.C. 1741) is amended--
(1) in subsection (a), in the matter preceding paragraph (1), by
inserting ``, as expeditiously as possible,'' after ``review''; and
(2) by amending subsection (b) to read as follows:
``(b) Referrals to Special Envoy; Notification to Congress.--
``(1) In general.--Upon a determination by the Secretary of State,
based on the totality of the circumstances, that there is credible
information that the detention of a United States national abroad is
unlawful or wrongful, and regardless of whether the detention is by a
foreign government or a nongovernmental actor, the Secretary shall--
``(A) expeditiously transfer responsibility for such case
from the Bureau of Consular Affairs of the Department of State
to the Special Presidential Envoy for Hostage Affairs; and
``(B) not later than 14 days after such determination,
notify the Committee on Foreign Relations of the Senate, the
Select Committee on Intelligence of the Senate, the Committee on
Foreign Affairs of the House of Representatives, and the
Permanent Select Committee on Intelligence of the House of
Representatives of such determination and provide such
committees with a summary of the facts that led to such
determination.
``(2) Form.--The notification described in paragraph (1)(B) may be
classified, if necessary.''.
SEC. 9103. FAMILY ENGAGEMENT COORDINATOR.
Section 303 of the Robert Levinson Hostage Recovery and Hostage-Taking
Accountability Act (22 U.S.C. 1741a) is amended by adding at the end the
following:
``(d) Family Engagement Coordinator.--There shall be, in the Office of the
Special Presidential Envoy for Hostage Affairs, a Family Engagement Coordinator,
who shall ensure--
``(1) for a United States national unlawfully or wrongfully detained
abroad, that--
``(A) any interaction by executive branch officials with any
family member of such United States national occurs in a
coordinated fashion;
``(B) such family member receives consistent and accurate
information from the United States Government; and
``(C) appropriate coordination with the Family Engagement
Coordinator described in section 304(c)(2); and
``(2) for a United States national held hostage abroad, that any
engagement with a family member is coordinated with, consistent with,
and not duplicative of the efforts of the Family Engagement Coordinator
described in section 304(c)(2).''.
SEC. 9104. REWARDS FOR JUSTICE.
Section 36(b) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2708(b)) is amended--
(1) in paragraph (4), by striking ``or (10);'' and inserting ``(10),
or (14);'';
(2) in paragraph (12), by striking ``or'' at the end;
(3) in paragraph (13), by striking the period at the end and
inserting ``; or''; and
(4) by adding at the end the following:
``(14) the prevention, frustration, or resolution of the hostage
taking of a United States person, the identification, location, arrest,
or conviction of a person responsible for the hostage taking of a United
States person, or the location of a United States person who has been
taken hostage, in any country.''.
SEC. 9105. ENSURING GEOGRAPHIC DIVERSITY AND ACCESSIBILITY OF PASSPORT AGENCIES.
(a) Sense of Congress.--It is the sense of Congress that Department
initiatives to expand passport services and accessibility, including through
online modernization projects, should include the construction of new physical
passport agencies.
(b) Review.--The Secretary shall conduct a review of the geographic
diversity and accessibility of existing passport agencies to identify--
(1) the geographic areas in the continental United States that are
farther than 6 hours' driving distance from the nearest passport agency;
(2) the per capita demand for passport services in the areas
described in paragraph (1); and
(3) a plan to ensure that in-person services at physical passport
agencies are accessible to all eligible Americans, including Americans
living in large population centers, in rural areas, and in States with a
high per capita demand for passport services.
(c) Considerations.--The Secretary shall consider the metrics identified in
paragraphs (1) and (2) of subsection (b) when determining locations for the
establishment of new physical passport agencies.
(d) Report.--Not later than 180 days after the date of the enactment of this
Act, the Secretary shall submit a report to the Committee on Foreign Relations
of the Senate, the Committee on Appropriations of the Senate, the Committee on
Foreign Affairs of the House of Representatives, and the Committee on
Appropriations of the House of Representatives that contains the findings of the
review conducted pursuant to subsection (b).
SEC. 9106. CULTURAL ANTIQUITIES TASK FORCE.
The Secretary is authorized to use up to $1,200,000 for grants to carry out
the activities of the Cultural Antiquities Task Force.
SEC. 9107. OFFICE OF SANCTIONS COORDINATION.
(a) Extension of Authorities.--Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended, in paragraph (4)(B) of
subsection (l), as redesignated by section 9502(a)(2) of this Act, by striking
``the date that is two years after the date of the enactment of this
subsection'' and inserting ``December 31, 2024''.
(b) Briefing.--Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Treasury, or the Secretary's designee, shall
brief the appropriate congressional committees with respect to the steps that
the Office of Sanctions Coordination has taken to coordinate its activities with
the Department of the Treasury and humanitarian aid programs, in an effort to
help ensure appropriate flows of humanitarian assistance and goods to countries
subject to United States sanctions.
SEC. 9108. SENSE OF CONGRESS AND STRATEGIC PLAN REGARDING THE DEPARTMENT OF
STATE'S UNIT FOR SUBNATIONAL DIPLOMACY.
(a) Definitions.--In this section:
(1) Municipal.--The term ``municipal'' means the government of a
city in the United States with a population of not fewer than 100,000
people.
(2) State.--The term ``State'' means the 50 States of the United
States, the District of Columbia, and any territory or possession of the
United States.
(3) Subnational engagement.--The term ``subnational engagement''
means formal meetings or events between elected officials of a State or
municipal government and their foreign counterparts.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the growth of subnational cooperation has enabled States and
municipalities to play an increasingly significant role in foreign
policy and complement the efforts of the Department;
(2) the Department's recently established Unit for Subnational
Diplomacy will play a critical role in leveraging the Department's
resources to support State and municipal governments in conducting
subnational engagement and increasing cooperation with foreign allies
and partners; and
(3) in facilitating such subnational engagements, the Department
should engage with a broad array of United States cities without regard
to their population size or location;
(c) Strategic Plan.--The Special Representative for Subnational Diplomacy
shall submit a strategic plan to the appropriate congressional committees for
the operations of the Unit for Subnational Diplomacy, including the Department's
plans for--
(1) supporting subnational engagements involving policymakers from
urban and rural areas to improve United States foreign policy
effectiveness;
(2) enhancing the awareness, understanding, and involvement of
United States citizens, including citizens residing in urban and rural
areas, in the foreign policy process;
(3) countering subnational diplomacy efforts from adversarial
nations;
(4) strengthening engagement with foreign subnational governments;
and
(5) any other operations that the Secretary determines to be
relevant.
(d) Rule of Construction.--Nothing in this subsection may be construed to
preclude--
(1) the Unit for Subnational Diplomacy Office from being elevated to
a bureau within the Department; or
(2) the Special Representative for Subnational Diplomacy from being
elevated to an Assistant Secretary if the addition of such Assistant
Secretary position does not increase the number of Assistant Secretary
positions at the Department above the number of such positions
authorized under section 1(c)(1) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)).
TITLE XCII--PERSONNEL ISSUES
SEC. 9201. DEPARTMENT OF STATE PAID STUDENT INTERNSHIP PROGRAM.
(a) In General.--The Secretary shall establish the Department of State
Student Internship Program (referred to in this section as the ``Program'') to
offer internship opportunities at the Department to eligible students to raise
awareness of the essential role of diplomacy in the conduct of United States
foreign policy and the realization of United States foreign policy objectives.
(b) Eligibility.--
(1) In general.--An applicant is eligible to participate in the
Program if the applicant is enrolled at--
(A) an institution of higher education (as such term is
defined in section 102(a) of the Higher Education Act of 1965
(20 U.S.C. 1002(a))); or
(B) an institution of higher education based outside the
United States, as determined by the Secretary of State.
(2) Additional eligibility criteria.--An applicant in the Program
should be--
(A) enrolled at least half-time in an institution described
in paragraph (1); and
(B) eligible to receive and hold an appropriate security
clearance.
(c) Selection.--The Secretary shall establish selection criteria for
students to be admitted into the Program that includes a demonstrated interest
in a career in foreign affairs.
(d) Outreach.--The Secretary shall--
(1) widely advertise the Program, including--
(A) on the internet;
(B) through the Department's Diplomats in Residence program;
and
(C) through other outreach and recruiting initiatives
targeting undergraduate and graduate students; and
(2) conduct targeted outreach to encourage participation in the
Program from--
(A) individuals belonging to an underrepresented group; and
(B) students enrolled at minority-serving institutions
(which shall include any institution listed in section 371(a) of
the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(e) Compensation.--
(1) Housing assistance.--
(A) Abroad.--The Secretary shall provide housing assistance
to any student participating in the Program whose permanent
address is within the United States if the location of the
internship in which such student is participating is outside of
the United States.
(B) Domestic.--The Secretary may provide housing assistance
to a student participating in the Program whose permanent
address is within the United States if the location of the
internship in which such student is participating is more than
50 miles away from such student's permanent address.
(2) Travel assistance.--The Secretary shall provide a student
participating in the Program whose permanent address is within the
United States with financial assistance that is sufficient to cover the
travel costs of a single round trip by air, train, bus, or other
appropriate transportation between the student's permanent address and
the location of the internship in which such student is participating if
such location is--
(A) more than 50 miles from the student's permanent address;
or
(B) outside of the United States.
(f) Working With Institutions of Higher Education.--The Secretary, to the
maximum extent practicable, shall structure internships to ensure that such
internships satisfy criteria for academic credit at the institutions of higher
education in which participants in such internships are enrolled.
(g) Transition Period.--
(1) In general.--Except as provided in paragraphs (2) and (3),
beginning not later than 2 years after the date of the enactment of this
Act--
(A) the Secretary shall convert unpaid internship programs
of the Department, including the Foreign Service Internship
Program, to internship programs that offer compensation; and
(B) upon selection as a candidate for entry into an
internship program of the Department, a participant in such
internship program may refuse compensation, including if doing
so allows such participant to receive college or university
curricular credit.
(2) Exception.--The transition required under paragraph (1) shall
not apply to unpaid internship programs of the Department that are part
of the Virtual Student Federal Service internship program.
(3) Waiver.--
(A) In general.--The Secretary may waive the requirement
under paragraph (1)(A) with respect to a particular unpaid
internship program if the Secretary, not later than 30 days
after making a determination that the conversion of such
internship program to a compensated internship program would not
be consistent with effective management goals, submits a report
explaining such determination to--
(i) the appropriate congressional committees;
(ii) the Committee on Appropriations of the Senate;
and
(iii) the Committee on Appropriations of the House
of Representatives.
(B) Report.--The report required under subparagraph (A)
shall--
(i) describe the reasons why converting an unpaid
internship program of the Department to an internship
program that offers compensation would not be consistent
with effective management goals; and
(ii)(I) provide justification for maintaining such
unpaid status indefinitely; or
(II) identify any additional authorities or
resources that would be necessary to convert such unpaid
internship program to offer compensation in the future.
(h) Reports.--Not later than 18 months after the date of the enactment of
this Act, the Secretary shall submit a report to the committees referred to in
subsection (g)(3)(A) that includes--
(1) data, to the extent the collection of such information is
permissible by law, regarding the number of students who applied to the
Program, were offered a position, and participated, respectively,
disaggregated by race, ethnicity, sex, institution of higher education,
home State, State where each student graduated from high school, and
disability status;
(2) data regarding the number of security clearance investigations
initiated for the students described in paragraph (1), including the
timeline for such investigations, whether such investigations were
completed, and when an interim security clearance was granted;
(3) information on Program expenditures;
(4) information regarding the Department's compliance with
subsection (g); and
(5) the number of internship participants subsequently employed by
the Department, if any, following their participation in the Program.
(i) Voluntary Participation.--
(1) In general.--Nothing in this section may be construed to compel
any student who is a participant in an internship program of the
Department to participate in the collection of the data or divulge any
personal information. Such students shall be informed that their
participation in the data collection under this section is voluntary.
(2) Privacy protection.--Any data collected under this section shall
be subject to the relevant privacy protection statutes and regulations
applicable to Federal employees.
(j) Special Hiring Authority.--Notwithstanding any other provision of law,
the Secretary, in consultation with the Director of the Office of Personnel
Management, with respect to the number of interns to be hired each year, may--
(1) select, appoint, and employ individuals for up to 1 year through
compensated internships in the excepted service; and
(2) remove any compensated intern employed pursuant to paragraph (1)
without regard to the provisions of law governing appointments in the
excepted service.
SEC. 9202. IMPROVEMENTS TO THE PREVENTION OF, AND THE RESPONSE TO, HARASSMENT,
DISCRIMINATION, SEXUAL ASSAULT, AND RELATED RETALIATION.
(a) Policies.--The Secretary should develop and strengthen policies
regarding harassment, discrimination, sexual assault, and related retaliation,
including policies for--
(1) addressing, reporting, and providing transitioning support;
(2) advocacy, service referrals, and travel accommodations; and
(3) disciplining personnel that violate Department policies
regarding harassment, discrimination, sexual assault, or related
retaliation.
(b) Disciplinary Action.--
(1) Separation for cause.--Section 610(a)(1) of the Foreign Service
Act of 1980 (22 U.S.C. 4010(a)(1)), is amended--
(A) by striking ``decide to''; and
(B) by inserting ``, including upon receiving notification
from the Bureau of Diplomatic Security that such member has
engaged in criminal misconduct, such as murder, rape, or other
sexual assault'' before the period at the end.
(2) Update to manual.--The Director of Global Talent Management
shall--
(A) update the ``Grounds for Disciplinary Action'' and
``List of Disciplinary Offenses and Penalties'' sections of the
Foreign Affairs Manual to reflect the amendments made under
paragraph (1); and
(B) communicate such updates to Department staff through
publication in Department Notices.
(c) Sexual Assault Prevention and Response Victim Advocates.--The Secretary
shall ensure that the Diplomatic Security Service's Victims' Resource Advocacy
Program--
(1) is appropriately staffed by advocates who are physically present
at--
(A) the headquarters of the Department; and
(B) major domestic and international facilities and
embassies, as determined by the Secretary;
(2) considers the logistics that are necessary to allow for the
expedient travel of victims from Department facilities that do not have
advocates; and
(3) uses funds available to the Department to provide emergency
food, shelter, clothing, and transportation for victims involved in
matters being investigated by the Diplomatic Security Service.
SEC. 9203. INCREASING THE MAXIMUM AMOUNT AUTHORIZED FOR SCIENCE AND TECHNOLOGY
FELLOWSHIP GRANTS AND COOPERATIVE AGREEMENTS.
Section 504(e)(3) of the Foreign Relations Authorization Act, Fiscal Year
1979 (22 U.S.C. 2656d(e)(3)) is amended by striking ``$500,000'' and inserting
``$2,000,000''.
SEC. 9204. ADDITIONAL PERSONNEL TO ADDRESS BACKLOGS IN HIRING AND
INVESTIGATIONS.
(a) In General.--The Secretary shall seek to increase the number of
personnel within the Bureau of Global Talent Management and the Office of Civil
Rights to address backlogs in hiring and investigations into complaints
conducted by the Office of Civil Rights.
(b) Employment Targets.--The Secretary shall seek to employ--
(1) not fewer than 15 additional personnel in the Bureau of Global
Talent Management and the Office of Civil Rights (compared to the number
of personnel so employed as of the day before the date of the enactment
of this Act) by the date that is 180 days after such date of enactment;
and
(2) not fewer than 15 additional personnel in such Bureau and Office
(compared to the number of personnel so employed as of the day before
the date of the enactment of this Act) by the date that is 1 year after
such date of enactment.
SEC. 9205. FOREIGN AFFAIRS TRAINING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Congress has recognized, including in division E of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81), that
the Department is a crucial national security agency, whose employees,
both Foreign Service and Civil Service, require the best possible
training and professional development at every stage of their careers to
prepare them to promote and defend United States national interests and
the health and safety of United States citizens abroad; and
(2) the new and evolving challenges of national security in the 21st
century necessitate the expansion of standardized training and
professional development opportunities linked to equal, accountable, and
transparent promotion and leadership practices for Department and other
national security agency personnel.
(b) Defined Term.--In this section, the term ``appropriate committees of
Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of Representatives.
(c) Training and Professional Development Prioritization.--Section 5108(c)
of division E of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81) is amended to read as follows:
``(c) Training and Professional Development Prioritization.--In order to
provide the Civil Service and the Foreign Service with the level of professional
development and training needed to effectively advance United States interests
across the world, the Secretary of State shall--
``(1) increase relevant offerings provided by the Department of
State--
``(A) of interactive virtual instruction to make training
and professional development more accessible and useful to
personnel deployed throughout the world; or
``(B) at partner organizations, including universities,
industry entities, and nongovernmental organizations, throughout
the United States to provide useful outside perspectives to
Department of State personnel by providing such personnel--
``(i) a more comprehensive outlook on different
sectors of United States society;
``(ii) practical experience dealing with commercial
corporations, universities, labor unions, and other
institutions critical to United States diplomatic
success; and
``(iii) courses specifically focused on commercial
diplomacy that increase the understanding of private
sector needs that arise as United States companies enter
and compete in the international market;
``(2) provide the opportunity to participate in courses using
computer-based or computer-assisted simulations, allowing civilian
officers to lead decision making in a crisis environment, and encourage
officers of the Department of State, and reciprocally, officers of other
Federal departments to participate in similar exercises held by the
Department of State or other government organizations and the private
sector;
``(3) increase the duration and expand the focus of certain training
and professional development courses, including by extending--
``(A) the A-100 entry-level course to as long as 12 weeks,
which better matches the length of entry-level training and
professional development provided to the officers in other
national security departments and agencies; and
``(B) the Chief of Mission course to as long as 6 weeks for
first time Chiefs of Mission and creating comparable courses for
new Assistant Secretaries and Deputy Assistant Secretaries to
more accurately reflect the significant responsibilities
accompanying such roles; and
``(4) ensure that Foreign Service officers who are assigned to a
country experiencing significant population displacement due to the
impacts of climatic and non-climatic shocks and stresses, including
rising sea levels and lack of access to affordable and reliable energy
and electricity, receive specific instruction on United States policy
with respect to resiliency and adaptation to such climatic and non-
climatic shocks and stresses.''.
(d) Fellowships.--The Director General of the Foreign Service shall--
(1) expand and establish new fellowship programs for Foreign Service
and Civil Service officers that include short- and long-term
opportunities at organizations, including--
(A) think tanks and nongovernmental organizations;
(B) the Department of Defense and other relevant Federal
agencies;
(C) industry entities, especially such entities related to
technology, global operations, finance, and other fields
directly relevant to international affairs; and
(D) schools of international relations and other relevant
programs at universities throughout the United States; and
(2) not later than 180 days after the date of the enactment of this
Act, submit a report to Congress that describes how the Department could
expand the Pearson Fellows Program for Foreign Service Officers and the
Brookings Fellow Program for Civil Servants to provide fellows in such
programs with the opportunity to undertake a follow-on assignment within
the Department in an office in which fellows will gain practical
knowledge of the people and processes of Congress, including offices
other than the Legislative Affairs Bureau, including--
(A) an assessment of the current state of congressional
fellowships, including the demand for fellowships, support for
applicants to pursue and perform such fellowships, and the value
the fellowships provide to both the career of the officer and to
the Department; and
(B) an assessment of the options for making congressional
fellowships for both the Foreign Service and the Civil Service
more career-enhancing.
(e) Board of Visitors of the Foreign Service Institute.--
(1) Establishment.--The Secretary is authorized to establish a Board
of Visitors of the Foreign Service Institute (referred to in this
subsection as the ``Board''). It is the sense of Congress that the Board
should be established not later than 1 year after the date of the
enactment of this Act.
(2) Duties.--The Board authorized by this subsection shall be
comprised of 12 members, who shall be appointed by the Secretary and
shall provide the Secretary with independent advice and recommendations
regarding organizational management, strategic planning, resource
management, curriculum development, and other matters of interest to the
Foreign Service Institute, including regular observations about how well
the Department is integrating training and professional development into
the work of the Bureau for Global Talent Management.
(3) Membership.--
(A) Qualifications.--Members of the Board shall be appointed
from among individuals who--
(i) are not officers or employees of the Federal
Government; and
(ii) are eminent authorities in the fields of
diplomacy, national security, management, leadership,
economics, trade, technology, or advanced international
relations education.
(B) Outside expertise.--
(i) In general.--Not fewer than 6 members of the
Board shall have a minimum of 10 years of relevant
expertise outside the field of diplomacy.
(ii) Prior senior service at the department.--Not
more than 6 members of the Board may be persons who
previously served in the Senior Foreign Service or the
Senior Executive Service at the Department.
(4) Terms.--Each member of the Board shall be appointed for a term
of 3 years, except that of the members first appointed--
(A) 4 members shall be appointed for a term of 3 years;
(B) 4 members shall be appointed for a term of 2 years; and
(C) 4 members shall be appointed for a term of 1 year.
(5) Chairperson; vice chairperson.--
(A) Approval.--The Chairperson and Vice Chairperson of the
Board shall be approved by the Secretary of State based upon a
recommendation from the members of the Board.
(B) Service.--The Chairperson and Vice Chairperson shall
serve at the discretion of the Secretary.
(6) Meetings.--The Board shall meet--
(A) at the call of the Director of the Foreign Service
Institute and the Chairperson; and
(B) not fewer than 2 times per year.
(7) Compensation.--Each member of the Board shall serve without
compensation, except that a member of the Board shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates authorized
for employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or regular places of
business in the performance of service for the Board. Notwithstanding
section 1342 of title 31, United States Code, the Secretary may accept
the voluntary and uncompensated service of members of the Board.
(8) Applicability of federal advisory committee act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall apply to the Board
established under this subsection.
(f) Establishment of Provost of the Foreign Service Institute.--
(1) Establishment.--There is established in the Foreign Service
Institute the position of Provost.
(2) Appointment; reporting.--The Provost shall--
(A) be appointed by the Secretary; and
(B) report to the Director of the Foreign Service Institute.
(3) Qualifications.--The Provost, who should be a member of the
Senior Executive Service, shall have--
(A) experience in the field of diplomacy, national security,
education, management, leadership, economics, history, trade,
adult education, or technology; and
(B) significant experience outside the Department, whether
in other national security agencies or in the private sector,
and preferably in positions of authority in educational
institutions or the field of professional development and mid-
career training with oversight for the evaluation of academic
programs.
(4) Duties.--The Provost shall--
(A) oversee, review, evaluate, and coordinate the academic
curriculum for all courses taught and administered by the
Foreign Service Institute; and
(B) coordinate the development of an evaluation system to
ascertain the utility of the information and skills imparted by
each such course, such that, to the extent practicable,
performance assessments can be included in the personnel records
maintained by the Bureau of Global Talent Management and
utilized in Foreign Service Selection Boards.
(5) Compensation.--The Provost shall receive a salary commensurate
with the rank and experience of a member of the Senior Executive
Service, as determined by the Secretary.
(g) Other Agency Responsibilities and Opportunities for Congressional
Staff.--
(1) Other agencies.--National security agencies other than the
Department should be afforded the ability to increase the enrollment of
their personnel in courses at the Foreign Service Institute and other
training and professional development facilities of the Department to
promote a whole-of-government approach to mitigating national security
challenges.
(2) Congressional staff.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit a report to the
appropriate committees of Congress that describes--
(A) the training and professional development opportunities
at the Foreign Service Institute and other Department facilities
available to congressional staff;
(B) the budget impacts of offering such opportunities to
congressional staff; and
(C) potential course offerings.
(h) Strategy for Adapting Training Requirements for Modern Diplomatic
Needs.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall develop and submit to the
appropriate committees of Congress a strategy for adapting and evolving
training requirements to better meet the Department's current and future
needs for 21st century diplomacy.
(2) Elements.--The strategy required under paragraph (1) shall
include the following elements:
(A) Integrating training requirements into the Department's
promotion policies, including establishing educational and
professional development standards for training and attainment
to be used as a part of tenure and promotion guidelines.
(B) Addressing multiple existing and emerging national
security challenges, including--
(i) democratic backsliding and authoritarianism;
(ii) countering, and assisting United States allies
to address, state-sponsored disinformation, including
through the Global Engagement Center;
(iii) cyber threats;
(iv) the aggression and malign influence of Russia,
Cuba, Iran, North Korea, the Maduro Regime, and the
Chinese Communist Party's multi-faceted and
comprehensive challenge to the rules-based order;
(v) the implications of climate change for United
States diplomacy; and
(vi) nuclear threats.
(C) An examination of the likely advantages and
disadvantages of establishing residential training for the A-100
orientation course administered by the Foreign Service Institute
and evaluating the feasibility of residential training for other
long-term training opportunities.
(D) An examination of the likely advantages and
disadvantages of establishing a press freedom curriculum for the
National Foreign Affairs Training Center that enables Foreign
Service officers to better understand issues of press freedom
and the tools that are available to help protect journalists and
promote freedom of the press norms, which may include--
(i) the historic and current issues facing press
freedom, including countries of specific concern;
(ii) the Department's role in promoting press
freedom as an American value, a human rights issue, and
a national security imperative;
(iii) ways to incorporate press freedom promotion
into other aspects of diplomacy; and
(iv) existing tools to assist journalists in
distress and methods for engaging foreign governments
and institutions on behalf of individuals engaged in
journalistic activity who are at risk of harm.
(E) The expansion of external courses offered by the Foreign
Service Institute at academic institutions or professional
associations on specific topics, including in-person and virtual
courses on monitoring and evaluation, audience analysis, and the
use of emerging technologies in diplomacy.
(3) Utilization of existing resources.--In examining the advantages
and disadvantages of establishing a residential training program
pursuant to paragraph (2)(C), the Secretary shall--
(A) collaborate with other national security departments and
agencies that employ residential training for their orientation
courses; and
(B) consider using the Department's Foreign Affairs Security
Training Center in Blackstone, Virginia.
(i) Report and Briefing Requirements.--
(1) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall submit a report to the appropriate
committees of Congress that includes--
(A) a strategy for broadening and deepening professional
development and training at the Department, including assessing
current and future needs for 21st century diplomacy;
(B) the process used and resources needed to implement the
strategy referred to in subparagraph (A) throughout the
Department; and
(C) the results and impact of the strategy on the workforce
of the Department, particularly the relationship between
professional development and training and promotions for
Department personnel, and the measurement and evaluation methods
used to evaluate such results.
(2) Briefing.--Not later than 1 year after the date on which the
Secretary submits the report required under paragraph (1), and annually
thereafter for 2 years, the Secretary shall provide to the appropriate
committees of Congress a briefing on the information required to be
included in the report.
(j) Foreign Language Maintenance Incentive Program.--
(1) Authorization.--The Secretary is authorized to establish and
implement an incentive program, with a similar structure as the Foreign
Language Proficiency Bonus offered by the Department of Defense, to
encourage members of the Foreign Service who possess language
proficiency in any of the languages that qualify for additional
incentive pay, as determined by the Secretary, to maintain critical
foreign language skills.
(2) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary shall submit a report to the appropriate
committees of Congress that includes a detailed plan for implementing
the program authorized under paragraph (1), including anticipated
resource requirements to carry out such program.
SEC. 9206. FACILITATION AND ENCOURAGEMENT OF TRAINING AND PROFESSIONAL
DEVELOPMENT FOR FOREIGN SERVICE AND CIVIL SERVICE PERSONNEL.
(a) Sense of Congress.--It is the sense of Congress that recognition
throughout the Department of the value and importance of training and
professional development for Foreign Service and Civil Service personnel is
vital to the development and maintenance by such personnel of the skills and
expertise required for the Department to contribute fully and effectively to the
conduct of the foreign affairs of the United States.
(b) Study and Report.--
(1) In general.--The Secretary, in consultation with the heads of
relevant Federal agencies, shall conduct a study of the feasibility and
cost of establishing a diplomatic officers' reserve corps or similar
mechanism to augment the Department's personnel needs at any level on a
temporary or permanent basis.
(2) Elements.--In conducting the study required under paragraph (1),
the Secretary shall consider whether the diplomatic officers' reserve
corps should be modeled on the Senior Reserve Officers' Training Corps
established under chapter 103 of title 10, United States Code, to
encourage the recruitment and retention of personnel who have the
critical language skills necessary to meet the requirements of the
Foreign Service by providing financial assistance to students studying
critical languages at institutions of higher education.
(3) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall submit a report to the appropriate
congressional committees that contains the results of the study
conducted pursuant to paragraph (1).
(c) Training and Development in Promotion Precepts and Evaluation
Criteria.--
(1) Foreign service.--The Secretary shall take appropriate action to
ensure accountability and transparency in the evaluation of the precepts
described in section 603 of the Foreign Service Act of 1980 (22 U.S.C.
4003) upon which the selection boards established pursuant to section
602 of such Act (22 U.S.C. 4002) make recommendations for the promotion
of members of the Foreign Service under section 601 of such Act (22
U.S.C. 4001) by affording equal consideration to the undertaking of
training, professional development, and foreign language acquisition and
retention among any other objective criteria considered by selection
boards in making such recommendations.
(2) Civil service.--The Secretary shall take appropriate action to
ensure that the performance standards for any job performance appraisal
system for Civil Service personnel of the Department afford equal
consideration to the undertaking of training, professional development,
and foreign language acquisition and retention among any other objective
criteria in the evaluation of the job performance of such personnel.
(d) Response to Subordinate Training and Development Needs in Evaluation of
Supervisor Performance.--
(1) Foreign service.--The Secretary shall take appropriate action to
ensure that the evaluation of precepts for recommendations for promotion
described in subsection (c)(1) for members of the Foreign Service in
supervisory positions incorporates the extent to which such members
appropriately address the training and professional development needs of
the personnel under their supervision.
(2) Civil service.--The Secretary shall take appropriate action to
ensure that the performance standards described in subsection (c)(2) for
Civil Service personnel of the Department in supervisory positions
afford appropriate weight to addressing the training and professional
development needs of the personnel under their supervision.
SEC. 9207. SECURITY CLEARANCE APPROVAL PROCESS.
(a) Recommendations.--Not later than 270 days after the date of the
enactment of this Act, the Secretary, in coordination with the Director of
National Intelligence, shall submit recommendations to the appropriate
congressional committees for streamlining the security clearance approval
process within the Bureau of Diplomatic Security so that the security clearance
approval process for Civil Service and Foreign Service applicants is completed
within 6 months, on average, and within 1 year, in the vast majority of cases.
(b) Report.--Not later than 90 days after the recommendations are submitted
pursuant to subsection (a), the Secretary shall submit a report to the Committee
on Foreign Relations of the Senate, the Select Committee on Intelligence of the
Senate, the Committee on Foreign Affairs of the House of Representatives, and
the Permanent Select Committee on Intelligence of the House of Representatives
that--
(1) describes the status of the efforts of the Department to
streamline the security clearance approval process; and
(2) identifies any remaining obstacles preventing security
clearances from being completed within the time frames set forth in
subsection (a), including lack of cooperation or other actions by other
Federal departments and agencies.
SEC. 9208. ADDENDUM FOR STUDY ON FOREIGN SERVICE ALLOWANCES.
(a) In General.--Not later than 180 days after the date of the enactment of
this Act, the Secretary shall submit to the appropriate congressional committees
an addendum to the report required under section 5302 of the Department of State
Authorization Act of 2021 (division E of Public Law 117-81), which shall be
entitled the ``Report on Bidding for Domestic and Overseas Posts and Filling
Unfilled Positions''. The addendum shall be prepared using input from the same
federally funded research and development center that prepared the analysis
conducted for the purposes of such report.
(b) Elements.--The addendum required under subsection (a) shall include--
(1) the total number of domestic and overseas positions open during
the most recent summer bidding cycle;
(2) the total number of bids each position received;
(3) the number of unfilled positions at the conclusion of the most
recent summer bidding cycle, disaggregated by bureau; and
(4) detailed recommendations and a timeline for--
(A) increasing the number of qualified bidders for underbid
positions; and
(B) minimizing the number of unfilled positions at the end
of the bidding season.
SEC. 9209. CURTAILMENTS, REMOVALS FROM POST, AND WAIVERS OF PRIVILEGES AND
IMMUNITIES.
(a) Curtailments Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the Secretary
shall submit a report to the appropriate congressional committees
regarding curtailments of Department personnel from overseas posts.
(2) Contents.--The Secretary shall include in the report required
under paragraph (1)--
(A) relevant information about any post that, during the 6-
month period preceding the report--
(i) had more than 5 curtailments; or
(ii) had curtailments representing more than 5
percent of Department personnel at such post; and
(B) for each post referred to in subparagraph (A), the
number of curtailments, disaggregated by month of occurrence.
(C) Additional contents for initial report.--The initial
report submitted pursuant to paragraph (1) shall identify--
(i) the number of curtailments at the Deputy Chief
of Mission or Principal Officer level for each of the
previous 5 years; and
(ii) to the extent practicable--
(I) the number of such curtailments that
were voluntary and the number of such
curtailments that were involuntary; and
(II) the number of those curtailed who left
the service within 1 year after such
curtailment.
(b) Removal of Diplomats.--Not later than 20 days after the date on which
any United States personnel under Chief of Mission authority is declared persona
non grata by a host government, the Secretary shall--
(1) notify the Committee on Foreign Relations of the Senate, the
Select Committee on Intelligence of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the Permanent Select
Committee on Intelligence of the House of Representatives of such
declaration; and
(2) include with such notification--
(A) the official reason for such declaration (if provided by
the host government);
(B) the date of the declaration; and
(C) whether the Department responded by declaring a host
government's diplomat in the United States persona non grata.
(c) Waiver of Privileges and Immunities.--Not later than 15 days after any
waiver of privileges and immunities pursuant to the Vienna Convention on
Diplomatic Relations, done at Vienna April 18, 1961, that is applicable to an
entire diplomatic post or to the majority of United States personnel under Chief
of Mission authority, the Secretary shall notify the appropriate congressional
committees of such waiver and the reason for such waiver.
(d) Termination.--This section shall terminate on the date that is 5 years
after the date of the enactment of this Act.
SEC. 9210. REPORT ON WORLDWIDE AVAILABILITY.
(a) In General.--Not later than 270 days after the date of the enactment of
this Act, the Secretary shall submit a report to the appropriate congressional
committees on the feasibility of requiring that each member of the Foreign
Service, at the time of entry into the Foreign Service and thereafter, be
worldwide available, as determined by the Secretary.
(b) Contents.--The report required under subsection (a) shall include--
(1) the feasibility of a worldwide availability requirement for all
members of the Foreign Service;
(2) considerations if such a requirement were to be implemented,
including the potential effect on recruitment and retention; and
(3) recommendations for exclusions and limitations, including
exemptions for medical reasons, disability, and other circumstances.
SEC. 9211. PROFESSIONAL DEVELOPMENT.
(a) Requirements.--The Secretary shall strongly encourage that Foreign
Service officers seeking entry into the Senior Foreign Service participate in
professional development described in subsection (c).
(b) Requirements.--Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit recommendations on requiring that
Foreign Service officers complete professional development described in
subsection (c) to be eligible for entry into the Senior Foreign Service.
(c) Professional Development Described.--Professional development described
in this subsection is not less than 6 months of training or experience outside
of the Department, including time spent--
(1) as a detailee to another government agency, including Congress
or a State, Tribal, or local government; or
(2) in Department-sponsored and -funded university training that
results in an advanced degree, excluding time spent at a university that
is fully funded or operated by the Federal Government.
(d) Promotion Precepts.--The Secretary shall instruct promotion boards to
consider positively long-term training and out-of-agency detail assignments as
described in this section.
SEC. 9212. MANAGEMENT ASSESSMENTS AT DIPLOMATIC AND CONSULAR POSTS.
(a) In General.--Beginning not later than 1 year after the date of the
enactment of this Act, the Secretary shall annually conduct, at each diplomatic
and consular post, a voluntary survey, which shall be offered to all staff
assigned to that post who are citizens of the United States (excluding the Chief
of Mission) to assess the management and leadership of that post by the Chief of
Mission, the Deputy Chief of Mission, and the Charge d'Affaires.
(b) Anonymity.--All responses to the survey shall be--
(1) fully anonymized; and
(2) made available to the Director General of the Foreign Service.
(c) Survey.--The survey shall seek to assess--
(1) the general morale at post;
(2) the presence of any hostile work environment;
(3) the presence of any harassment, discrimination, retaliation, or
other mistreatment; and
(4) effective leadership and collegial work environment.
(d) Director General Recommendations.--Upon compilation and review of the
surveys, the Director General of the Foreign Service shall issue recommendations
to posts, as appropriate, based on the findings of the surveys.
(e) Referral.--If the surveys reveal any action that is grounds for referral
to the Inspector General of the Department of State and the Foreign Service, the
Director General of the Foreign Service may refer the matter to the Inspector
General of the Department of State and the Foreign Service, who shall, as the
Inspector General considers appropriate, conduct an inspection of the post in
accordance with section 209(b) of the Foreign Service Act of 1980 (22 U.S.C.
3929(b)).
(f) Annual Report.--The Director General of the Foreign Service shall submit
an annual report to the appropriate congressional committees that includes--
(1) any trends or summaries from the surveys;
(2) the posts where corrective action was recommended or taken in
response to any issues identified by the surveys; and
(3) the number of referrals to the Inspector General of the
Department of State and the Foreign Service, as applicable.
(g) Initial Basis.--The surveys and reports required under this section
shall be carried out on an initial basis for the 5-year period beginning on the
date of the enactment of this Act.
SEC. 9213. INDEPENDENT REVIEW OF PROMOTION POLICIES.
Not later than 18 months after the date of the enactment of this Act, the
Comptroller General of the United States shall conduct a comprehensive review of
the policies, personnel, organization, and processes related to promotions
within the Department, including--
(1) a review of--
(A) the selection and oversight of Foreign Service promotion
panels; and
(B) the use of quantitative data and metrics in such panels;
(2) an assessment of the promotion practices of the Department,
including how promotion processes are communicated to the workforce and
appeals processes; and
(3) recommendations for improving promotion panels and promotion
practices.
SEC. 9214. THIRD PARTY VERIFICATION OF PERMANENT CHANGE OF STATION (PCS) ORDERS.
Not later than 180 days after the date of the enactment of this Act, the
Secretary shall establish a mechanism for third parties to verify the employment
of, and the validity of permanent change of station (PCS) orders received by,
members of the Foreign Service, in a manner that protects the safety, security,
and privacy of sensitive employee information.
SEC. 9215. POST-EMPLOYMENT RESTRICTIONS ON SENATE-CONFIRMED OFFICIALS AT THE
DEPARTMENT OF STATE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Congress and the executive branch have recognized the importance
of preventing and mitigating the potential for conflicts of interest
following government service, including with respect to senior United
States officials working on behalf of foreign governments; and
(2) Congress and the executive branch should jointly evaluate the
status and scope of post-employment restrictions.
(b) Restrictions.--Section 1 of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2651a) is amended by adding at the end the following:
``(m) Extended Post-employment Restrictions for Certain Senate-confirmed
Officials.--
``(1) Definitions.--In this subsection:
``(A) Country of concern.--The term `country of concern'
means--
``(i) the People's Republic of China;
``(ii) the Russian Federation;
``(iii) the Islamic Republic of Iran;
``(iv) the Democratic People's Republic of Korea;
``(v) the Republic of Cuba; and
``(vi) the Syrian Arab Republic.
``(B) Foreign government entity.--The term `foreign
governmental entity' includes--
``(i) any person employed by--
``(I) any department, agency, or other
entity of a foreign government at the national,
regional, or local level;
``(II) any governing party or coalition of a
foreign government at the national, regional, or
local level; or
``(III) any entity majority-owned or
majority-controlled by a foreign government at
the national, regional, or local level; and
``(ii) in the case of a country of concern, any
company, economic project, cultural organization,
exchange program, or nongovernmental organization that
is more than 33 percent owned or controlled by the
government of such country.
``(C) Representation.--The term `representation' does not
include representation by an attorney, who is duly licensed and
authorized to provide legal advice in a United States
jurisdiction, of a person or entity in a legal capacity or for
the purposes of rendering legal advice.
``(2) Secretary of state and deputy secretary of state.--With
respect to a person serving as the Secretary of State or the Deputy
Secretary of State, the restrictions described in section 207(f)(1) of
title 18, United States Code, shall apply to any such person who
knowingly represents, aids, or advises a foreign governmental entity
before an officer or employee of the executive branch of the United
States with the intent to influence a decision of such officer or
employee in carrying out his or her official duties at any time after
the termination of such person's service as Secretary or Deputy
Secretary.
``(3) Under secretaries, assistant secretaries, and ambassadors.--
With respect to a person serving as an Under Secretary, Assistant
Secretary, or Ambassador at the Department of State or as the United
States Permanent Representative to the United Nations, the restrictions
described in section 207(f)(1) of title 18, United States Code, shall
apply to any such person who knowingly represents, aids, or advises--
``(A) a foreign governmental entity before an officer or
employee of the executive branch of the United States with the
intent to influence a decision of such officer or employee in
carrying out his or her official duties for 3 years after the
termination of such person's service in a position described in
this paragraph, or the duration of the term or terms of the
President who appointed that person to their position, whichever
is longer; or
``(B) a foreign governmental entity of a country of concern
before an officer or employee of the executive branch of the
United States with the intent to influence a decision of such
officer or employee in carrying out his or her official duties
at any time after the termination of such person's service in a
position described in this paragraph.
``(4) Penalties and injunctions.--Any violations of the restrictions
under paragraphs (2) or (3) shall be subject to the penalties and
injunctions provided for under section 216 of title 18, United States
Code.
``(5) Notice of restrictions.--Any person subject to the
restrictions under this subsection shall be provided notice of these
restrictions by the Department of State--
``(A) upon appointment by the President; and
``(B) upon termination of service with the Department of
State.
``(6) Effective date.--The restrictions under this subsection shall
apply only to persons who are appointed by the President to the
positions referenced in this subsection on or after 120 days after the
date of the enactment of the Department of State Authorization Act of
2022.
``(7) Sunset.--The restrictions under this subsection shall expire
on the date that is 5 years after the date of the enactment of the
Department of State Authorization Act of 2022.''.
SEC. 9216. EXPANSION OF AUTHORITIES REGARDING SPECIAL RULES FOR CERTAIN MONTHLY
WORKERS' COMPENSATION PAYMENTS AND OTHER PAYMENTS.
Section 901 of division J of the Further Consolidated Appropriations Act,
2020 (22 U.S.C. 2680b) is amended by adding at the end the following:
``(j) Expansion of Authorities.--The head of any Federal agency may exercise
the authorities of this section, including to designate an incident, whether the
incident occurred in the United States or abroad, for purposes of subparagraphs
(A)(ii) and (B)(ii) of subsection (e)(4) when the incident affects United States
Government employees of the agency or their dependents who are not under the
security responsibility of the Secretary of State as set forth in section 103 of
the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4802)
or when operational control of overseas security responsibility for such
employees or dependents has been delegated to the head of the agency.''.
SEC. 9217. REPORT ON PILOT PROGRAM FOR LATERAL ENTRY INTO THE FOREIGN SERVICE.
(a) In General.--Not later than 180 days after the date of the enactment of
this Act, the Under Secretary of State for Management shall submit a report to
the appropriate congressional committees describing the implementation of the
pilot program for lateral entry into the Foreign Service required under section
404(b) of the Department of State Authorities Act, Fiscal Year 2017 (Public Law
114-323; 130 Stat. 1928).
(b) Matters to Be Included.--The report required under subsection (a) shall
include--
(1) the current status of implementation of the pilot program,
including a summary of concrete steps taken by the Department to
implement the pilot program;
(2) an explanation of any delays in implementation of the pilot
program;
(3) the number of mid-career individuals from the Civil Service of
the Department and the private sector who are expected to participate in
the pilot program during fiscal year 2023, disaggregated, to the extent
practicable and to the maximum extent that the collection of such data
is permissible by law, by sex, age, race and ethnicity, geographic
origin, and past occupation;
(4) an analysis of the skills gap identified by the Department for
the use of the pilot program's flexible-hiring mechanism;
(5) any legal justification provided by the Office of the Legal
Adviser of the Department if the Department did not implement the pilot
program; and
(6) the estimated date by which the Department is expected to
implement the pilot program.
SEC. 9218. REPORT ON CHANGES TO THE FOREIGN SERVICE OFFICER TEST.
Not later than December 1, 2023, the Secretary shall submit a report to the
appropriate congressional committees describing and justifying any changes made
during fiscal years 2022 and 2023 to the Foreign Service entry process,
including--
(1) the use of artificial intelligence, including deep textual
analysis, in any portion of the entry process and its impacts on
recruitment into the Foreign Service;
(2) the use of virtual formats for any portion of the entry process
and its impacts on recruitment into the Foreign Service; and
(3) the entities, groups, or individuals informed of or consulted on
any changes to the Foreign Service entry process during the 1-year
period immediately preceding the implementation of such changes.
SEC. 9219. DIGNITY FOR PEOPLE WITH DISABILITIES SERVING IN THE FOREIGN SERVICE.
The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) is amended--
(1) in section 101(b)(2) (22 U.S.C. 3901(b)(2)), by striking
``handicapping condition'' and inserting ``disability'';
(2) in section 105 (22 U.S.C. 3905), by striking ``handicapping
condition'' each place such term appears and inserting ``disability'';
(3) in section 1002(11)(A) (22 U.S.C. 4102(11)(A)), by striking
``handicapping condition'' and inserting ``disability''; and
(4) in section 1015(b)(4) (22 U.S.C. 4115(b)(4)), by striking
``handicapping condition'' and inserting ``disability''.
SEC. 9220. EXPANDING SCOPE OF FELLOWSHIP PROGRAMS TO INCLUDE CIVIL SERVANTS.
(a) In General.--Section 47 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2719) is amended--
(1) in the first sentence--
(A) by inserting ``or the Civil Service'' after ``with the
Foreign Service''; and
(B) by striking ``Foreign service Act of 1980'' and
inserting ``Foreign Service Act of 1980''; and
(2) in the second sentence, by inserting ``or the Civil Service''
after ``Foreign Service''.
(b) Initial Report.--Not later than 30 days before expanding participation
to include civil servants in any fellowship program of the Department, the
Secretary shall submit a report to the appropriate congressional committees
that--
(1) identifies the affected fellowship program; and
(2) justifies expanding participation in such program.
(c) Follow-up Report.--Not later than 1 year after the expansion of any
fellowship program authorized under this section, the Secretary shall submit a
follow-up report to the appropriate congressional committees that describes how
the expansion of participation in such program has impacted the effectiveness of
the program.
TITLE XCIII--EMBASSY SECURITY AND CONSTRUCTION
SEC. 9301. AMENDMENTS TO SECURE EMBASSY CONSTRUCTION AND COUNTERTERRORISM ACT OF
1999.
(a) Short Title.--This section may be cited as the ``Secure Embassy
Construction and Counterterrorism Act of 2022''.
(b) Findings.--Congress makes the following findings:
(1) The Secure Embassy Construction and Counterterrorism Act of 1999
(title VI of division A of appendix G of Public Law 106-113) was a
necessary response to bombings on August 7, 1998, at the United States
embassies in Nairobi, Kenya, and in Dar es Salaam, Tanzania, that were
destroyed by simultaneously exploding bombs. The resulting explosions
killed 220 persons and injured more than 4,000 others. Twelve Americans
and 40 Kenyan and Tanzanian employees of the United States Foreign
Service were killed in the attacks.
(2) Those bombings, followed by the expeditionary diplomatic efforts
in Iraq and Afghanistan, demonstrated the need to prioritize the
security of United States posts and personnel abroad above other
considerations.
(3) Between 1999 and 2022, the risk calculus of the Department
impacted the ability of United States diplomats around the world to
advance the interests of the United States through access to local
populations, leaders, and places.
(4) America's competitors and adversaries do not have the same
restrictions that United States diplomats have, especially in critically
important medium-threat and high-threat posts.
(5) The Department's 2021 Overseas Security Panel report states
that--
(A) the requirement for setback and collocation of
diplomatic posts under paragraphs (2) and (3) of section 606(a)
of the Secure Embassy Construction and Counterterrorism Act of
1999 (22 U.S.C. 4865(a)) has led to skyrocketing costs of new
embassies and consulates; and
(B) the locations of such posts have become less desirable,
creating an extremely suboptimal nexus that further hinders
United States diplomats who are willing to accept more risk in
order to advance United States interests.
(c) Sense of Congress.--It is the sense of Congress that--
(1) the setback and collocation requirements referred to in
subsection (b)(5)(A), even with available waivers, no longer provide the
security such requirements used to provide because of advancement in
technologies, such as remote controlled drones, that can evade walls and
other such static barriers;
(2) the Department should focus on creating performance security
standards that--
(A) attempt to keep the setback requirements of diplomatic
posts as limited as possible; and
(B) provide diplomats access to local populations as much as
possible, while still providing a necessary level of security;
(3) collocation of diplomatic facilities is often not feasible or
advisable, particularly for public diplomacy spaces whose mission is to
reach and be accessible to wide sectors of the public, including in
countries with repressive governments, since such spaces are required to
permit the foreign public to enter and exit the space easily and openly;
(4) the Bureau of Diplomatic Security should--
(A) fully utilize the waiver process provided under
paragraphs (2)(B) and (3)(B) of section 606(a) of the Secure
Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C.
4865(a)); and
(B) appropriately exercise such waiver process as a tool to
right-size the appropriate security footing at each diplomatic
post rather than only approving waivers in extreme
circumstances;
(5) the return of great power competition requires--
(A) United States diplomats to do all they can to outperform
our adversaries; and
(B) the Department to better optimize use of taxpayer
funding to advance United States national interests; and
(6) this section will better enable United States diplomats to
compete in the 21st century, while saving United States taxpayers
millions in reduced property and maintenance costs at embassies and
consulates abroad.
(d) Definition of United States Diplomatic Facility.--Section 603 of the
Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of
division A of appendix G of Public Law 106-113) is amended to read as follows:
``SEC. 603. UNITED STATES DIPLOMATIC FACILITY DEFINED.
``In this title, the terms `United States diplomatic facility' and
`diplomatic facility' mean any chancery, consulate, or other office that--
``(1) is considered by the Secretary of State to be diplomatic or
consular premises, consistent with the Vienna Convention on Diplomatic
Relations, done at Vienna April 18, 1961, and the Vienna Convention on
Consular Relations, done at Vienna April 24, 1963, and was notified to
the host government as such; or
``(2) is otherwise subject to a publicly available bilateral
agreement with the host government (contained in the records of the
United States Department of State) that recognizes the official status
of the United States Government personnel present at the facility.''.
(e) Guidance and Requirements for Diplomatic Facilities.--
(1) Guidance for closure of public diplomacy facilities.--Section
5606(a) of the Public Diplomacy Modernization Act of 2021 (Public Law
117-81; 22 U.S.C. 1475g note) is amended to read as follows:
``(a) In General.--In order to preserve public diplomacy facilities that are
accessible to the publics of foreign countries, not later than 180 days after
the date of the enactment of the Secure Embassy Construction and
Counterterrorism Act of 2022, the Secretary of State shall adopt guidelines to
collect and utilize information from each diplomatic post at which the
construction of a new embassy compound or new consulate compound could result in
the closure or co-location of an American Space that is owned and operated by
the United States Government, generally known as an American Center, or any
other public diplomacy facility under the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865 et seq.).''.
(2) Security requirements for united states diplomatic facilities.--
Section 606(a) of the Secure Embassy Construction and Counterterrorism
Act of 1999 (22 U.S.C. 4865(a)) is amended--
(A) in paragraph (1)(A), by striking ``the threat'' and
inserting ``a range of threats, including that'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting ``in a location that has
certain minimum ratings under the Security
Environment Threat List as determined by the
Secretary in his or her discretion'' after
``abroad''; and
(II) by inserting ``, personnel of the Peace
Corps, and personnel of any other type or
category of facility that the Secretary may
identify'' after ``military commander''; and
(ii) in subparagraph (B)--
(I) by amending clause (i) to read as
follows:
``(i) In general.--Subject to clause (ii), the
Secretary of State may waive subparagraph (A) if the
Secretary, in consultation with, as appropriate, the
head of each agency employing personnel that would not
be located at the site, if applicable, determines that
it is in the national interest of the United States
after taking account of any considerations the Secretary
in his or her discretion considers relevant, which may
include security conditions.''; and
(II) in clause (ii), by striking ``(ii)
Chancery or consulate building.--'' and all that
follows through ``15 days prior'' and inserting
the following:
``(ii) Chancery or consulate building.--Prior''; and
(C) in paragraph (3)--
(i) by amending subparagraph (A) to read as follows:
``(A) Requirement.--
``(i) In general.--Each newly acquired United States
diplomatic facility in a location that has certain
minimum ratings under the Security Environment Threat
List as determined by the Secretary of State in his or
her discretion shall--
``(I) be constructed or modified to meet the
measured building blast performance standard
applicable to a diplomatic facility sited not
less than 100 feet from the perimeter of the
property on which the facility is situated; or
``(II) fulfill the criteria described in
clause (ii).
``(ii) Alternative engineering equivalency standard
requirement.--Each facility referred to in clause (i)
may, instead of meeting the requirement under such
clause, fulfill such other criteria as the Secretary is
authorized to employ to achieve an engineering standard
of security and degree of protection that is equivalent
to the numerical perimeter distance setback described in
such clause seeks to achieve.''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking ``security
considerations permit and''; and
(bb) by inserting ``after taking
account of any considerations the
Secretary in his or her discretion
considers relevant, which may include
security conditions'' after ``national
interest of the United States'';
(II) in clause (ii), by striking ``(ii)
Chancery or consulate building.--'' and all that
follows through ``15 days prior'' and inserting
the following:
``(ii) Chancery or consulate building.--Prior''; and
(III) in clause (iii), by striking ``an
annual'' and inserting ``a quarterly''.
SEC. 9302. DIPLOMATIC SUPPORT AND SECURITY.
(a) Short Title.--This section may be cited as the ``Diplomatic Support and
Security Act of 2022''.
(b) Findings.--Congress makes the following findings:
(1) A robust overseas diplomatic presence is part of an effective
foreign policy, particularly in volatile environments where a flexible
and timely diplomatic response can be decisive in preventing and
addressing conflict.
(2) Diplomats routinely put themselves and their families at great
personal risk to serve their country overseas where they face threats
related to international terrorism, violent conflict, and public health.
(3) The Department has a remarkable record of protecting personnel
while enabling an enormous amount of global diplomatic activity, often
in unsecure and remote places and facing a variety of evolving risks and
threats. With support from Congress, the Department has revised policy,
improved physical security through retrofitting and replacing old
facilities, deployed additional security personnel and armored vehicles,
and greatly enhanced training requirements and training facilities,
including the new Foreign Affairs Security Training Center in
Blackstone, Virginia.
(4) Diplomatic missions rely on robust staffing and ambitious
external engagement to advance United States interests as diverse as
competing with China's malign influence around the world, fighting
terrorism and transnational organized crime, preventing and addressing
violent conflict and humanitarian disasters, promoting United States
businesses and trade, protecting the rights of marginalized groups,
addressing climate change, and preventing pandemic disease.
(5) Efforts to protect personnel overseas have often resulted in
inhibiting diplomatic activity and limiting engagement between embassy
personnel and local governments and populations.
(6) Given that Congress currently provides annual appropriations in
excess of $1,900,000,000 for embassy security, construction, and
maintenance, the Department should be able to ensure a robust overseas
presence without inhibiting the ability of diplomats to--
(A) meet outside United States secured facilities with
foreign leaders to explain, defend, and advance United States
priorities;
(B) understand and report on foreign political, social, and
economic conditions through meeting and interacting with
community officials outside of United States facilities;
(C) provide United States citizen services; and
(D) collaborate and, at times, compete with other diplomatic
missions, particularly those, such as that of the People's
Republic of China, that do not have restrictions on meeting
locations.
(7) Given these stakes, Congress has a responsibility to empower,
support, and hold the Department accountable for implementing an
aggressive strategy to ensure a robust overseas presence that mitigates
potential risks and adequately considers the myriad direct and indirect
consequences of a lack of diplomatic presence.
(c) Encouraging Expeditionary Diplomacy.--
(1) Purpose.--Section 102(b) of the Diplomatic Security Act of 1986
(22 U.S.C. 4801(b)) is amended--
(A) by amending paragraph (3) to read as follows:
``(3) to promote strengthened security measures, institutionalize a
culture of learning, and, in the case of apparent gross negligence or
breach of duty, recommend that the Secretary investigate accountability
for United States Government personnel with security-related
responsibilities under chief of mission authority;'';
(B) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(C) by inserting after paragraph (3) the following:
``(4) to support a culture of risk management, instead of risk
avoidance, that enables the Department of State to pursue its vital
goals with full knowledge that it is neither desirable nor possible for
the Department to avoid all risks;''.
(2) Briefings on embassy security.--Section 105(a)(1) of the
Diplomatic Security Act (22 U.S.C. 4804(a)) is amended--
(A) by striking ``any plans to open or reopen a high risk,
high threat post'' and inserting ``progress towards opening or
reopening a high risk, high threat post, and the risk to
national security of the continued closure or any suspension of
operations and remaining barriers to doing so'';
(B) in subparagraph (A), by inserting ``the risk to United
States national security of the post's continued closure or
suspension of operations,'' after ``national security of the
United States,''; and
(C) in subparagraph (C), by inserting ``the type and level
of security threats such post could encounter, and'' before
``security `tripwires'''.
(d) Security Review Committees.--Section 301 of the Diplomatic Security Act
(22 U.S.C. 4831) is amended--
(1) in the section heading, by striking ``accountability review
boards'' and inserting ``security review committees'';
(2) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) Convening the security review committee.--In any case of a
serious security incident involving loss of life, serious injury, or
significant destruction of property at, or related to, a United States
Government diplomatic mission abroad (referred to in this title as a
`Serious Security Incident'), and in any case of a serious breach of
security involving intelligence activities of a foreign government
directed at a United States Government mission abroad, the Secretary of
State shall convene a Security Review Committee, which shall issue a
report providing a full account of what occurred, consistent with
section 304.'';
(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
``(2) Committee composition.--The Secretary shall designate a
Chairperson and may designate additional personnel of commensurate
seniority to serve on the Security Review Committee, which shall
include--
``(A) the Director of the Office of Management Strategy and
Solutions;
``(B) the Assistant Secretary responsible for the region
where the incident occurred;
``(C) the Assistant Secretary of State for Diplomatic
Security;
``(D) the Assistant Secretary of State for Intelligence and
Research;
``(E) an Assistant Secretary-level representative from any
involved United States Government department or agency; and
``(F) other personnel determined to be necessary or
appropriate.'';
(D) in paragraph (3), as redesignated by subclause (B)--
(i) in the paragraph heading, by striking
``Department of defense facilities and personnel'' and
inserting ``Exceptions to convening a security review
committee'';
(ii) by striking ``The Secretary of State is not
required to convene a Board in the case'' and inserting
the following:
``(A) In general.--The Secretary of State is not required to
convene a Security Review Committee--
``(i) if the Secretary determines that the incident
involves only causes unrelated to security, such as when
the security at issue is outside of the scope of the
Secretary of State's security responsibilities under
section 103;
``(ii) if operational control of overseas security
functions has been delegated to another agency in
accordance with section 106;
``(iii) if the incident is a cybersecurity incident
and is covered by other review mechanisms; or
``(iv) in the case''; and
(iii) by striking ``In any such case'' and inserting
the following:
``(B) Department of defense investigations.--In the case of
an incident described in subparagraph (A)(iv)''; and
(E) by adding at the end the following:
``(5) Rulemaking.--The Secretary of State shall promulgate
regulations defining the membership and operating procedures for the
Security Review Committee and provide such guidance to the Chair and
ranking members of the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of Representatives.'';
(3) in subsection (b)--
(A) in the subsection heading, by striking ``Boards'' and
inserting ``Security Review Committees''; and
(B) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary of State shall convene a Security
Review Committee not later than 60 days after the occurrence of an
incident described in subsection (a)(1), or 60 days after the Department
first becomes aware of such an incident, whichever is earlier, except
that the 60-day period for convening a Security Review Committee may be
extended for one additional 60-day period if the Secretary determines
that the additional period is necessary.''; and
(4) by amending subsection (c) to read as follows:
``(c) Congressional Notification.--Whenever the Secretary of State convenes
a Security Review Committee, the Secretary shall promptly inform the chair and
ranking member of--
``(1) the Committee on Foreign Relations of the Senate;
``(2) the Select Committee on Intelligence of the Senate;
``(3) the Committee on Appropriations of the Senate;
``(4) the Committee on Foreign Affairs of the House of
Representatives;
``(5) the Permanent Select Committee on Intelligence of the House of
Representatives; and
``(6) the Committee on Appropriations of the House of
Representatives.''.
(e) Technical and Conforming Amendments.--Section 302 of the Diplomatic
Security Act of 1986 (22 U.S.C. 4832) is amended--
(1) in the section heading, by striking ``accountability review
board'' and inserting ``security review committee''; and
(2) by striking ``a Board'' each place such term appears and
inserting ``a Security Review Committee''.
(f) Serious Security Incident Investigation Process.--Section 303 of the
Diplomatic Security Act of 1986 (22 U.S.C. 4833) is amended to read as follows:
``SEC. 303. SERIOUS SECURITY INCIDENT INVESTIGATION PROCESS.
``(a) Investigation Process.--
``(1) Initiation upon reported incident.--A United States mission
shall submit an initial report of a Serious Security Incident not later
than 3 days after such incident occurs, whenever feasible, at which time
an investigation of the incident shall be initiated.
``(2) Investigation.--Not later than 10 days after the submission of
a report pursuant to paragraph (1), the Secretary shall direct the
Diplomatic Security Service to assemble an investigative team to
investigate the incident and independently establish what occurred. Each
investigation under this subsection shall cover--
``(A) an assessment of what occurred, who perpetrated or is
suspected of having perpetrated the Serious Security Incident,
and whether applicable security procedures were followed;
``(B) in the event the Serious Security Incident involved a
United States diplomatic compound, motorcade, residence, or
other facility, an assessment of whether adequate security
countermeasures were in effect based on a known threat at the
time of the incident;
``(C) if the incident involved an individual or group of
officers, employees, or family members under Chief of Mission
security responsibility conducting approved operations or
movements outside the United States mission, an assessment of
whether proper security briefings and procedures were in place
and whether weighing of risk of the operation or movement took
place; and
``(D) an assessment of whether the failure of any officials
or employees to follow procedures or perform their duties
contributed to the security incident.
``(3) Investigative team.--The investigative team assembled pursuant
to paragraph (2) shall consist of individuals from the Diplomatic
Security Service who shall provide an independent examination of the
facts surrounding the incident and what occurred. The Secretary, or the
Secretary's designee, shall review the makeup of the investigative team
for a conflict, appearance of conflict, or lack of independence that
could undermine the results of the investigation and may remove or
replace any members of the team to avoid such an outcome.
``(b) Report of Investigation.--Not later than 90 days after the occurrence
of a Serious Security Incident, the investigative team investigating the
incident shall prepare and submit a Report of Investigation to the Security
Review Committee that includes--
``(1) a detailed description of the matters set forth in
subparagraphs (A) through (D) of subsection (a)(2), including all
related findings;
``(2) a complete and accurate account of the casualties, injuries,
and damage resulting from the incident; and
``(3) a review of security procedures and directives in place at the
time of the incident.
``(c) Confidentiality.--The investigative team investigating a Serious
Security Incident shall adopt such procedures with respect to confidentiality as
determined necessary, including procedures relating to the conduct of closed
proceedings or the submission and use of evidence in camera, to ensure in
particular the protection of classified information relating to national
defense, foreign policy, or intelligence matters. The Director of National
Intelligence shall establish the level of protection required for intelligence
information and for information relating to intelligence personnel included in
the report required under subsection (b). The Security Review Committee shall
determine the level of classification of the final report prepared pursuant to
section 304(b), and shall incorporate the same confidentiality measures in such
report to the maximum extent practicable.''.
(g) Findings and Recommendations of the Security Review Committee.--Section
304 of the Diplomatic Security Act of 1986 (22 U.S.C. 4834) is amended to read
as follows:
``SEC. 304. SECURITY REVIEW COMMITTEE FINDINGS AND REPORT.
``(a) Findings.--The Security Review Committee shall--
``(1) review the Report of Investigation prepared pursuant to
section 303(b), and all other evidence, reporting, and relevant
information relating to a Serious Security Incident at a United States
mission abroad, including an examination of the facts and circumstances
surrounding any serious injuries, loss of life, or significant
destruction of property resulting from the incident; and
``(2) determine, in writing--
``(A) whether the incident was security related and
constituted a Serious Security Incident;
``(B) if the incident involved a diplomatic compound,
motorcade, residence, or other mission facility--
``(i) whether the security systems, security
countermeasures, and security procedures operated as
intended; and
``(ii) whether such systems worked to materially
mitigate the attack or were found to be inadequate to
mitigate the threat and attack;
``(C) if the incident involved an individual or group of
officers conducting an approved operation outside the mission,
whether a valid process was followed in evaluating the requested
operation and weighing the risk of the operation, which
determination shall not seek to assign accountability for the
incident unless the Security Review Committee determines that an
official breached his or her duty;
``(D) the impact of intelligence and information
availability, and whether the mission was aware of the general
operating threat environment or any more specific threat
intelligence or information and took that into account in
ongoing and specific operations; and
``(E) any other facts and circumstances that may be relevant
to the appropriate security management of United States missions
abroad.
``(b) Report.--
``(1) Submission to secretary of state.--Not later than 60 days
after receiving the Report of Investigation prepared pursuant to section
303(b), the Security Review Committee shall submit a report to the
Secretary of State that includes--
``(A) the findings described in subsection (a); and
``(B) any related recommendations.
``(2) Submission to congress.--Not later than 90 days after
receiving the report pursuant to paragraph (1), the Secretary of State
shall submit a copy of the report to--
``(A) the Committee on Foreign Relations of the Senate;
``(B) the Select Committee on Intelligence of the Senate;
``(C) the Committee on Appropriations of the Senate;
``(D) the Committee on Foreign Affairs of the House of
Representatives;
``(E) the Permanent Select Committee on Intelligence of the
House of Representatives; and
``(F) the Committee on Appropriations of the House of
Representatives.
``(c) Personnel Recommendations.--If in the course of conducting an
investigation under section 303, the investigative team finds reasonable cause
to believe any individual described in section 303(a)(2)(D) has breached the
duty of that individual or finds lesser failures on the part of an individual in
the performance of his or her duties related to the incident, it shall be
reported to the Security Review Committee. If the Security Review Committee
finds reasonable cause to support the determination, it shall be reported to the
Secretary for appropriate action.''.
(h) Relation to Other Proceedings.--Section 305 of the Diplomatic Security
Act of 1986 (22 U.S.C. 4835) is amended--
(1) by inserting ``(a) No Effect on Existing Remedies or Defenses.--
'' before ``Nothing in this title''; and
(2) by adding at the end the following:
``(b) Future Inquiries.--Nothing in this title may be construed to preclude
the Secretary of State from convening a follow-up public board of inquiry to
investigate any security incident if the incident was of such magnitude or
significance that an internal process is deemed insufficient to understand and
investigate the incident. All materials gathered during the procedures provided
under this title shall be provided to any related board of inquiry convened by
the Secretary.''.
(i) Training for Foreign Service Personnel on Risk Management Practices.--
Not later than 120 days after the date of the enactment of this Act, the
Secretary shall develop and submit a strategy to the appropriate congressional
committees for training and educating Foreign Service personnel regarding
appropriate risk management practices while conducting their duties in high
risk, high threat environments that includes--
(1) plans to continue to develop and offer additional training
courses, or augment existing courses, for Department personnel regarding
the conduct of their duties in high risk, high threat environments
outside of diplomatic compounds, including for diplomatic personnel,
such as political officers, economic officers, and consular officers;
(2) plans to educate Senior Foreign Service personnel serving
abroad, including ambassadors, chiefs of mission, deputy chiefs of
missions, and regional security officers, regarding appropriate risk
management practices to employ while evaluating requests for diplomatic
operations in high risk, high threat environments outside of diplomatic
compounds; and
(3) plans and strategies for effectively balancing safety risks with
the need for in-person engagement with local governments and
populations.
(j) Sense of Congress Regarding the Establishment of the Expeditionary
Diplomacy Award.--It is the sense of Congress that the Secretary should--
(1) encourage expeditionary diplomacy, proper risk management
practices, and regular and meaningful engagement with civil society at
the Department by establishing an annual award, which shall be known as
the ``Expeditionary Diplomacy Award'', to be awarded to deserving
officers and employees of the Department; and
(2) establish procedures for selecting the recipients of the
Expeditionary Diplomacy Award, including any financial terms associated
with such award.
(k) Promotion in the Foreign Service.--Section 603(b) of the Foreign Service
Act of 1980 (22 U.S.C. 4003(b)) is amended--
(1) in the third sentence of the matter preceding paragraph (1), by
inserting ``and when occupying positions for which the following is, to
any degree, an element of the member's duties,'' after ``as the case may
be,'';
(2) in paragraph (1), by striking ``when occupying positions for
which such willingness and ability is, to any degree, an element of the
member's duties, or'' and inserting a semicolon;
(3) by striking paragraph (2) and inserting the following:
``(3) other demonstrated experience in public diplomacy; or'';
(4) by inserting after paragraph (1) the following:
``(2) a willingness and ability to regularly and meaningfully engage
with civil society and other local actors in country;''; and
(5) by inserting after paragraph (3), as redesignated, the
following:
``(4) the ability to effectively manage and assess risk associated
with the conduct of diplomatic operations.''.
(l) Reporting Requirement.--Not later than 180 days after the date of the
enactment of this Act and every 180 days thereafter for the following 2 years,
the Secretary shall submit a report to the appropriate congressional committees
describing the Department's risk management efforts, including information
relating to--
(1) implementing this section and section 102(b) of the Diplomatic
Security Act (22 U.S.C. 4801), as amended by subsection (c);
(2) encouraging and incentivizing appropriate Foreign Service
personnel to regularly and meaningfully engage with civil society and
other local actors in-country;
(3) promoting a more effective culture of risk management and
greater risk tolerance among all Foreign Service personnel, including
through additional risk management training and education opportunities;
and
(4) incorporating the provisions of this section into the Foreign
Affairs Manual regulations and implementing the Serious Security
Incident Investigation Permanent Coordinating Committee established and
convened pursuant to section 302(b) of the Diplomatic Security Act (22
U.S.C. 4832(b)) to more closely align Department procedures with the
procedures used by other Federal departments and agencies to analyze,
weigh, and manage risk.
SEC. 9303. ESTABLISHMENT OF UNITED STATES EMBASSIES IN SOLOMON ISLANDS,
KIRIBATI, AND TONGA AND A DIPLOMATIC PRESENCE IN VANUATU.
(a) Findings.--Congress makes the following findings:
(1) The Pacific Islands are vital to United States national security
and national interests in the Indo-Pacific region and globally.
(2) The Pacific Islands region spans 15 percent of the world's
surface area and controls access to open waters in the Central Pacific,
sea lanes to the Western Hemisphere, supply lines to United States
forward-deployed forces in East Asia, and economically important
fisheries.
(3) The Pacific Islands region is home to the State of Hawaii, 11
United States territories, United States Naval Base Guam, and United
States Andersen Air Force Base.
(4) Pacific Island countries cooperate with the United States and
United States partners on maritime security and efforts to stop illegal,
unreported, and destructive fishing.
(5) The Pacific Islands are rich in biodiversity and are on the
frontlines of environmental challenges and climate issues.
(6) The People's Republic of China seeks to increase its influence
in the Pacific Islands region, including through infrastructure
development under the People's Republic of China's One Belt, One Road
Initiative and its new security agreement with the Solomon Islands.
(7) The United States closed its embassy in the Solomon Islands in
1993.
(8) The United States Embassy in Papua New Guinea manages the
diplomatic affairs of the United States to the Republic of Vanuatu and
the Solomon Islands, and the United States Embassy in Fiji manages the
diplomatic affairs of the United States to the Republic of Kiribati and
the Kingdom of Tonga.
(9) The United States requires a physical and more robust diplomatic
presence in the Republic of Vanuatu, the Republic of Kiribati, the
Solomon Islands, and the Kingdom of Tonga, to ensure the physical and
operational security of our efforts in those countries to deepen
relations, protect United States national security, and pursue United
States national interests.
(10) Increasing the number of United States embassies dedicated
solely to a Pacific Island country demonstrates the United States'
ongoing commitment to the region and to the Pacific Island countries.
(b) Establishment of Embassies.--
(1) In general.--As soon as possible, the Secretary should--
(A) establish physical United States embassies in the
Republic of Kiribati and in the Kingdom of Tonga;
(B) upgrade the United States consular agency in the Solomon
Islands to an embassy; and
(C) establish a physical United States Government presence
in the Republic of Vanuatu.
(2) Other strategies.--
(A) Physical infrastructure.--In establishing embassies
pursuant to paragraph (1) and creating the physical
infrastructure to ensure the physical and operational safety of
embassy personnel, the Secretary may pursue rent or purchase
existing buildings or co-locate personnel in embassies of like-
minded partners, such as Australia and New Zealand.
(B) Personnel.--In establishing a physical presence in the
Republic of Vanuatu pursuant to paragraph (1), the Secretary may
assign 1 or more United States Government personnel to the
Republic of Vanuatu as part of the United States mission in
Papua New Guinea.
(3) Waiver authority.--The President may waive the requirements
under paragraph (1) for a period of one year if the President determines
and reports to Congress in advance that such waiver is necessary to
protect the national security interests of the United States.
(c) Authorization of Appropriations.--Of the amounts authorized to be
appropriated to the Department of State for Embassy Security, Construction, and
Maintenance--
(1) $40,200,000 is authorized to be appropriated for fiscal year
2023--
(A) to establish and maintain the 3 embassies authorized to
be established under subsection (b); and
(B) to establish a physical United States Government
presence in the Republic of Vanuatu;
(2) $3,000,000 is authorized to be appropriated for fiscal year
2024--
(A) to maintain such embassies; and
(B) to establish a physical United States Government
presence in the Republic of Vanuatu;
(d) Report.--
(1) Defined term.--In this subsection, the term ``appropriate
committees of Congress'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Progress report.--Not later than 180 days following the date of
the enactment of this Act, the Secretary shall submit to the appropriate
committees of Congress a report that includes--
(A) a description of the status of activities carried out to
achieve the objectives described in this section;
(B) an estimate of when embassies and a physical presence
will be fully established pursuant to subsection (b)(1); and
(C) an update on events in the Pacific Islands region
relevant to the establishment of United States embassies,
including activities by the People's Republic of China.
(3) Report on final disposition.--Not later than 2 years after the
date of the enactment of this Act, the Secretary shall submit a report
to the appropriate committees of Congress that--
(A) confirms the establishment of the 3 embassies and the
physical presence required under subsection (b)(1); or
(B) if the embassies and physical presence required in
subsection (b)(1) have not been established, a justification for
such failure to comply with such requirement.
TITLE XCIV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
SEC. 9401. REPORT ON BARRIERS TO APPLYING FOR EMPLOYMENT WITH THE DEPARTMENT OF
STATE.
Not later than 120 days after the date of the enactment of this Act, the
Secretary shall submit a report to the appropriate congressional committees
that--
(1) identifies any barriers for applicants applying for employment
with the Department;
(2) provides demographic data of online applicants during the most
recent 3 years disaggregated by race, ethnicity, sex, age, veteran
status, disability, geographic region;
(3) assesses any barriers that exist for applying online for
employment with the Department, disaggregated by race, ethnicity, sex,
age, veteran status, disability, geographic region; and
(4) includes recommendations for addressing any disparities
identified in the online application process.
SEC. 9402. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA.
(a) Initial Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit a report to the appropriate
congressional committees that includes disaggregated demographic data and other
information regarding the diversity of the workforce of the Department.
(b) Data.--The report required under subsection (a) shall include, to the
maximum extent that the collection and dissemination of such data can be done in
a way that protects the confidentiality of individuals and is otherwise
permissible by law--
(1) demographic data on each element of the workforce of the
Department during the 3-year period ending on the date of the enactment
of this Act, disaggregated by rank and grade or grade-equivalent, with
respect to--
(A) individuals hired to join the workforce;
(B) individuals promoted, including promotions to and within
the Senior Executive Service or the Senior Foreign Service;
(C) individuals serving as special assistants in any of the
offices of the Secretary of State, the Deputy Secretary of
State, the Counselor of the Department of State, the Secretary's
Policy Planning Staff, the Under Secretary of State for Arms
Control and International Security, the Under Secretary of State
for Civilian Security, Democracy, and Human Rights, the Under
Secretary of State for Economic Growth, Energy, and the
Environment, the Under Secretary of State for Management, the
Under Secretary of State for Political Affairs, and the Under
Secretary of State for Public Diplomacy and Public Affairs;
(D) individuals serving in each bureau's front office;
(E) individuals serving as detailees to the National
Security Council;
(F) individuals serving on applicable selection boards;
(G) members of any external advisory committee or board who
are subject to appointment by individuals at senior positions in
the Department;
(H) individuals participating in professional development
programs of the Department and the extent to which such
participants have been placed into senior positions within the
Department after such participation;
(I) individuals participating in mentorship or retention
programs; and
(J) individuals who separated from the agency, including
individuals in the Senior Executive Service or the Senior
Foreign Service;
(2) an assessment of agency compliance with the essential elements
identified in Equal Employment Opportunity Commission Management
Directive 715, effective October 1, 2003;
(3) data on the overall number of individuals who are part of the
workforce, the percentages of such workforce corresponding to each
element specified in paragraph (1), and the percentages corresponding to
each rank, grade, or grade equivalent; and
(4) the total amount of funds spent by the Department for the
purposes of advancing diversity, equity, inclusion, and accessibility
during each of the 4 previous fiscal years, disaggregated, to the extent
practicable, by bureau and activity, including, as outlined in the
Department's 2022 Diversity, Equity, Inclusion and Accessibility
Strategic Plan--
(A) workforce pay and compensation;
(B) recruitment, hiring, promotions, and retention;
(C) reasonable accommodations for disability and religion;
(D) safe workplaces; and
(E) addressing sexual harassment and discrimination.
(c) Effectiveness of Department Efforts.--The report required under
subsection (a) shall describe and assess the effectiveness of the efforts of the
Department--
(1) to propagate fairness, impartiality, and inclusion in the work
environment, both domestically and abroad;
(2) to enforce anti-harassment and anti-discrimination policies,
both domestically and at posts overseas;
(3) to refrain from engaging in unlawful discrimination in any phase
of the employment process, including recruitment, hiring, evaluation,
assignments, promotion, retention, and training;
(4) to prevent retaliation against employees for participating in a
protected equal employment opportunity activity or for reporting sexual
harassment or sexual assault;
(5) to provide reasonable accommodation for qualified employees and
applicants with disabilities;
(6) to recruit a representative workforce by--
(A) recruiting women, persons with disabilities, and
minorities;
(B) recruiting at women's colleges, historically Black
colleges and universities, minority-serving institutions, and
other institutions serving a significant percentage of minority
students;
(C) placing job advertisements in newspapers, magazines, and
job sites oriented toward women and minorities;
(D) sponsoring and recruiting at job fairs in urban and
rural communities and at land-grant colleges or universities;
(E) providing opportunities through the Foreign Service
Internship Program under chapter 12 of the Foreign Service Act
of 1980 (22 U.S.C. 4141 et seq.), and other hiring initiatives;
(F) recruiting mid-level and senior-level professionals
through programs designed to increase representation in
international affairs of people belonging to traditionally
underrepresented groups;
(G) offering the Foreign Service written and oral assessment
examinations in several locations throughout the United States
or via online platforms to reduce the burden of applicants
having to travel at their own expense to take either or both
such examinations;
(H) expanding the use of paid internships; and
(I) supporting recruiting and hiring opportunities through--
(i) the Charles B. Rangel International Affairs
Fellowship Program;
(ii) the Thomas R. Pickering Foreign Affairs
Fellowship Program; and
(iii) other initiatives, including agency-wide
policy initiatives; and
(7) to ensure transparency and accountability in the work of the
Chief Diversity and Inclusion Officer and the Secretary's Office of
Diversity and Inclusion, particularly by--
(A) avoiding any duplication of existing diversity, equity,
inclusion, and accessibility efforts, including with the Bureau
of Global Talent Management, the Office of Civil Rights, and
other Department offices; and
(B) requiring measurable impacts in hiring, retention, and
other aspects of the Diversity, Equity, Inclusion and
Accessibility Strategic Plan.
(d) Annual Report.--
(1) In general.--Not later than 1 year after the publication of the
report required under subsection (a), and annually thereafter for the
following 5 years, the Secretary shall submit a report to the
appropriate congressional committees, and make such report available on
the Department's website, that includes, without compromising the
confidentiality of individuals and to the extent otherwise consistent
with law--
(A) disaggregated demographic data, to the maximum extent
that collection of such data is permissible by law, relating to
the workforce and information on the status of diversity and
inclusion efforts of the Department;
(B) an analysis of applicant flow data, to the maximum
extent that collection of such data is permissible by law; and
(C) disaggregated demographic data relating to participants
in professional development programs of the Department and the
rate of placement into senior positions for participants in such
programs.
(2) Combination with other annual report.--The report required under
paragraph (1) may be combined with another annual report required by
law, to the extent practicable.
SEC. 9403. CENTERS OF EXCELLENCE IN FOREIGN AFFAIRS AND ASSISTANCE.
(a) Purpose.--The purposes of this section are--
(1) to advance the values and interests of the United States
overseas through programs that foster innovation, competitiveness, and a
plethora of backgrounds, views, and experience in the formulation and
implementation of United States foreign policy and assistance; and
(2) to create opportunities for specialized research, education,
training, professional development, and leadership opportunities for
individuals belonging to an underrepresented group within the Department
and USAID.
(b) Study.--
(1) In general.--The Secretary and the Administrator of USAID shall
conduct a study on the feasibility of establishing Centers of Excellence
in Foreign Affairs and Assistance (referred to in this section as the
``Centers of Excellence'') within institutions that serve individuals
belonging to an underrepresented group to focus on 1 or more of the
areas described in paragraph (2).
(2) Elements.--In conducting the study required under paragraph (1),
the Secretary and the Administrator, respectively, shall consider--
(A) opportunities to enter into public-private partnerships
that will--
(i) increase interest in foreign affairs and foreign
assistance Federal careers;
(ii) prepare an assorted cadre of students
(including nontraditional, mid-career, part-time, and
heritage students) and nonprofit or business
professionals with the skills and education needed to
meaningfully contribute to the formulation and execution
of United States foreign policy and assistance;
(iii) support the conduct of research, education,
and extension programs that reflect a wide range of
perspectives and views of world regions and
international affairs--
(I) to assist in the development of regional
and functional foreign policy skills;
(II) to strengthen international development
and humanitarian assistance programs; and
(III) to strengthen democratic institutions
and processes in policymaking, including in
education, health, wealth, justice, and other
sectors;
(iv) enable domestic and international educational,
internship, fellowship, faculty exchange, training,
employment or other innovative programs to acquire or
strengthen knowledge of foreign languages, cultures,
societies, and international skills and perspectives;
(v) support collaboration among institutions of
higher education, including community colleges,
nonprofit organizations, and corporations, to strengthen
the engagement between experts and practitioners in the
foreign affairs and foreign assistance fields; and
(vi) leverage additional public-private partnerships
with nonprofit organizations, foundations, corporations,
institutions of higher education, and the Federal
Government; and
(B) budget and staffing requirements, including appropriate
sources of funding, for the establishment and conduct of
operations of such Centers of Excellence.
(c) Report.--Not later than 120 days after the date of the enactment of this
Act, the Secretary shall submit a report to the appropriate congressional
committees that contains the findings of the study conducted pursuant to
subsection (b).
SEC. 9404. PROMOTING TRANSPARENCY AND ACCOUNTABILITY IN THE DEPARTMENT OF STATE
WORKFORCE.
(a) In General.--The Secretary should establish a mechanism to ensure that
appointments or details of Department career employees to staff positions in the
Office of the Secretary, the Office of the Deputy Secretary of State, the Office
of the Counselor of the Department, any office of the Secretary's Policy
Planning Staff, and any office of an Under Secretary of State, and details to
the National Security Council, are transparent, competitive, inclusive, and
merit-based.
(b) Report.--Not later than 90 days after the date of the enactment of this
Act, the Secretary shall submit a report to the appropriate congressional
committees regarding the mechanism established pursuant to subsection (a).
(c) Availability.--The Secretary shall--
(1) use transparent, competitive, inclusive, and merit-based
processes for appointments and details to the staff positions specified
in subsection (a); and
(2) ensure that such positions are equally available to all
employees of the Civil Service and the Foreign Service of the
Department.
SEC. 9405. RULE OF CONSTRUCTION.
Nothing in this title may be construed as altering existing law regarding
merit system principles.
TITLE XCV--INFORMATION SECURITY AND CYBER DIPLOMACY
SEC. 9501. UNITED STATES INTERNATIONAL CYBERSPACE POLICY.
(a) In General.--It is the policy of the United States--
(1) to work internationally to promote an open, interoperable,
reliable, and secure internet governed by the multi-stakeholder model,
which--
(A) promotes democracy, the rule of law, and human rights,
including freedom of expression;
(B) supports the ability to innovate, communicate, and
promote economic prosperity; and
(C) is designed to protect privacy and guard against
deception, malign influence, incitement to violence, harassment
and abuse, fraud, and theft;
(2) to encourage and aid United States allies and partners in
improving their own technological capabilities and resiliency to pursue,
defend, and protect shared interests and values, free from coercion and
external pressure; and
(3) in furtherance of the efforts described in paragraphs (1) and
(2)--
(A) to provide incentives to the private sector to
accelerate the development of the technologies referred to in
such paragraphs;
(B) to modernize and harmonize with allies and partners
export controls and investment screening regimes and associated
policies and regulations; and
(C) to enhance United States leadership in technical
standards-setting bodies and avenues for developing norms
regarding the use of digital tools.
(b) Implementation.--In implementing the policy described in subsection (a),
the President, in consultation with outside actors, as appropriate, including
private sector companies, nongovernmental organizations, security researchers,
and other relevant stakeholders, in the conduct of bilateral and multilateral
relations, shall strive--
(1) to clarify the applicability of international laws and norms to
the use of information and communications technology (referred to in
this subsection as ``ICT'');
(2) to reduce and limit the risk of escalation and retaliation in
cyberspace, damage to critical infrastructure, and other malicious cyber
activity that impairs the use and operation of critical infrastructure
that provides services to the public;
(3) to cooperate with like-minded countries that share common values
and cyberspace policies with the United States, including respect for
human rights, democracy, and the rule of law, to advance such values and
policies internationally;
(4) to encourage the responsible development of new, innovative
technologies and ICT products that strengthen a secure internet
architecture that is accessible to all;
(5) to secure and implement commitments on responsible country
behavior in cyberspace, including commitments by countries--
(A) not to conduct, or knowingly support, cyber-enabled
theft of intellectual property, including trade secrets or other
confidential business information, with the intent of providing
competitive advantages to companies or commercial sectors;
(B) to take all appropriate and reasonable efforts to keep
their territories clear of intentionally wrongful acts using ICT
in violation of international commitments;
(C) not to conduct or knowingly support ICT activity that
intentionally damages or otherwise impairs the use and operation
of critical infrastructure providing services to the public, in
violation of international law;
(D) to take appropriate measures to protect the country's
critical infrastructure from ICT threats;
(E) not to conduct or knowingly support malicious
international activity that harms the information systems of
authorized international emergency response teams (also known as
``computer emergency response teams'' or ``cybersecurity
incident response teams'') of another country or authorize
emergency response teams to engage in malicious international
activity, in violation of international law;
(F) to respond to appropriate requests for assistance to
mitigate malicious ICT activity emanating from their territory
and aimed at the critical infrastructure of another country;
(G) not to restrict cross-border data flows or require local
storage or processing of data; and
(H) to protect the exercise of human rights and fundamental
freedoms on the internet, while recognizing that the human
rights that people have offline also need to be protected
online; and
(6) to advance, encourage, and support the development and adoption
of internationally recognized technical standards and best practices.
SEC. 9502. BUREAU OF CYBERSPACE AND DIGITAL POLICY.
(a) In General.--Section 1 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a), is amended--
(1) by redesignating subsections (i) and (j) as subsection (j) and
(k), respectively;
(2) by redesignating subsection (h) (as added by section 361(a)(1)
of division FF of the Consolidated Appropriations Act, 2021 (Public Law
116-260)) as subsection (l); and
(3) by inserting after subsection (h) the following:
``(i) Bureau of Cyberspace and Digital Policy.--
``(1) In general.--There is established, within the Department of
State, the Bureau of Cyberspace and Digital Policy (referred to in this
subsection as the `Bureau'). The head of the Bureau shall have the rank
and status of ambassador and shall be appointed by the President, by and
with the advice and consent of the Senate.
``(2) Duties.--
``(A) In general.--The head of the Bureau shall perform such
duties and exercise such powers as the Secretary of State shall
prescribe, including implementing the diplomatic and foreign
policy aspects of the policy described in section 9501(a) of the
Department of State Authorization Act of 2022.
``(B) Duties described.--The principal duties and
responsibilities of the head of the Bureau shall, in furtherance
of the diplomatic and foreign policy mission of the Department
of State, be--
``(i) to serve as the principal cyberspace policy
official within the senior management of the Department
of State and as the advisor to the Secretary of State
for cyberspace and digital issues;
``(ii) to lead, coordinate, and execute, in
coordination with other relevant bureaus and offices,
the Department of State's diplomatic cyberspace, and
cybersecurity efforts (including efforts related to data
privacy, data flows, internet governance, information
and communications technology standards, and other
issues that the Secretary has assigned to the Bureau);
``(iii) to coordinate with relevant Federal agencies
and the Office of the National Cyber Director to ensure
the diplomatic and foreign policy aspects of the cyber
strategy in section 9501 of the Department of State
Authorization Act of 2022 and any other subsequent
strategy are implemented in a manner that is fully
integrated with the broader strategy;
``(iv) to promote an open, interoperable, reliable,
and secure information and communications technology
infrastructure globally;
``(v) to represent the Secretary of State in
interagency efforts to develop and advance Federal
Government cyber priorities and activities, including
efforts to develop credible national capabilities,
strategies, and policies to deter and counter cyber
adversaries, and carry out the purposes of title V of
the Department of State Authorization Act of 2022;
``(vi) to engage civil society, the private sector,
academia, and other public and private entities on
relevant international cyberspace and international
information and communications technology issues;
``(vii) to support United States Government efforts
to uphold and further develop global deterrence
frameworks for malicious cyber activity;
``(viii) to advise the Secretary of State and
coordinate with foreign governments regarding responses
to national security-level cyber incidents, including
coordination on diplomatic response efforts to support
allies and partners threatened by malicious cyber
activity, in conjunction with members of the North
Atlantic Treaty Organization and like-minded countries;
``(ix) to promote the building of foreign capacity
relating to cyberspace policy priorities;
``(x) to promote an open, interoperable, reliable,
and secure information and communications technology
infrastructure globally and an open, interoperable,
secure, and reliable internet governed by the multi-
stakeholder model;
``(xi) to promote an international environment for
technology investments and the internet that benefits
United States economic and national security interests;
``(xii) to promote cross-border flow of data and
combat international initiatives seeking to impose
unreasonable requirements on United States businesses;
``(xiii) to promote international policies to
protect the integrity of United States and international
telecommunications infrastructure from foreign-based
threats, including cyber-enabled threats;
``(xiv) to lead engagement, in coordination with
relevant executive branch agencies, with foreign
governments on relevant international cyberspace,
cybersecurity, cybercrime, and digital economy issues
described in title V of the Department of State
Authorization Act of 2022;
``(xv) to promote international policies, in
coordination with the Department of Commerce, to secure
radio frequency spectrum in the best interests of the
United States;
``(xvi) to promote and protect the exercise of human
rights, including freedom of speech and religion,
through the internet;
``(xvii) to build capacity of United States
diplomatic officials to engage on cyberspace issues;
``(xviii) to encourage the development and adoption
by foreign countries of internationally recognized
standards, policies, and best practices;
``(xix) to support efforts by the Global Engagement
Center to counter cyber-enabled information operations
against the United States or its allies and partners;
and
``(xx) to conduct such other matters as the
Secretary of State may assign.
``(3) Qualifications.--The head of the Bureau should be an
individual of demonstrated competency in the fields of--
``(A) cybersecurity and other relevant cyberspace and
information and communications technology policy issues; and
``(B) international diplomacy.
``(4) Organizational placement.--
``(A) Initial placement.--Except as provided in subparagraph
(B), the head of the Bureau shall report to the Deputy Secretary
of State.
``(B) Subsequent placement.--The head of the Bureau may
report to an Under Secretary of State or to an official holding
a higher position than Under Secretary if, not later than 15
days before any change in such reporting structure, the
Secretary of State--
``(i) consults with the Committee on Foreign
Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives; and
``(ii) submits a report to such committees that--
``(I) indicates that the Secretary, with
respect to the reporting structure of the
Bureau, has consulted with and solicited
feedback from--
``(aa) other relevant Federal
entities with a role in international
aspects of cyber policy; and
``(bb) the elements of the
Department of State with responsibility
for aspects of cyber policy, including
the elements reporting to--
``(AA) the Under Secretary
of State for Political Affairs;
``(BB) the Under Secretary
of State for Civilian Security,
Democracy, and Human Rights;
``(CC) the Under Secretary
of State for Economic Growth,
Energy, and the Environment;
``(DD) the Under Secretary
of State for Arms Control and
International Security Affairs;
``(EE) the Under Secretary
of State for Management; and
``(FF) the Under Secretary
of State for Public Diplomacy
and Public Affairs;
``(II) describes the new reporting structure
for the head of the Bureau and the justification
for such new structure; and
``(III) includes a plan describing how the
new reporting structure will better enable the
head of the Bureau to carry out the duties
described in paragraph (2), including the
security, economic, and human rights aspects of
cyber diplomacy.
``(5) Special hiring authorities.--The Secretary of State may--
``(A) appoint up to 25 employees to cyber positions in the
Bureau without regard to the provisions of subchapter I of
chapter 33 of title 5, United States Code, regarding
appointments in the competitive service; and
``(B) fix the rates of basic pay of such employees without
regard to chapter 51 and subchapter III of chapter 53 of such
title regarding classification and General Schedule pay rates,
provided that the rates for such positions do not exceed the
annual rate of basic pay in effect for a position at level IV of
the Executive Schedule under section 5315 of title 5, United
States Code.
``(6) Coordination.--In implementing the duties prescribed under
paragraph (2), the head of the Bureau shall coordinate with the heads of
other Federal agencies, including the Department of Commerce, the
Department of Homeland Security, and other Federal agencies that the
National Cyber Director deems appropriate.
``(7) Rule of construction.--Nothing in this subsection may be
construed--
``(A) to preclude the head of the Bureau from being
designated as an Assistant Secretary, if such an Assistant
Secretary position does not increase the number of Assistant
Secretary positions at the Department above the number
authorized under subsection (c)(1); or
``(B) to alter or modify the existing authorities of any
other Federal agency or official.''.
(b) Sense of Congress.--It is the sense of Congress that the Bureau
established under section 1(i) of the State Department Basic Authorities Act of
1956, as added by subsection (a), should have a diverse workforce composed of
qualified individuals, including individuals belonging to an underrepresented
group.
(c) United Nations.--The Permanent Representative of the United States to
the United Nations should use the voice, vote, and influence of the United
States to oppose any measure that is inconsistent with the policy described in
section 9501(a).
SEC. 9503. INTERNATIONAL CYBERSPACE AND DIGITAL POLICY STRATEGY.
(a) Strategy Required.--Not later than 1 year after the date of the
enactment of this Act, the President, acting through the Secretary, and in
coordination with the heads of other relevant Federal departments and agencies,
shall develop an international cyberspace and digital policy strategy.
(b) Elements.--The strategy required under subsection (a) shall include--
(1) a review of actions and activities undertaken to support the
policy described in section 9501(a);
(2) a plan of action to guide the diplomacy of the Department with
regard to foreign countries, including--
(A) conducting bilateral and multilateral activities--
(i) to develop and support the implementation of
norms of responsible country behavior in cyberspace
consistent with the commitments listed in section
9501(b)(5);
(ii) to reduce the frequency and severity of
cyberattacks on United States individuals, businesses,
governmental agencies, and other organizations;
(iii) to reduce cybersecurity risks to United States
and allied critical infrastructure;
(iv) to improve allies' and partners' collaboration
with the United States on cybersecurity issues,
including information sharing, regulatory coordination
and improvement, and joint investigatory and law
enforcement operations related to cybercrime; and
(v) to share best practices and advance proposals to
strengthen civilian and private sector resiliency to
threats and access to opportunities in cyberspace; and
(B) reviewing the status of existing efforts in relevant
multilateral fora, as appropriate, to obtain commitments on
international norms regarding cyberspace;
(3) a review of alternative concepts for international norms
regarding cyberspace offered by foreign countries;
(4) a detailed description, in consultation with the Office of the
National Cyber Director and relevant Federal agencies, of new and
evolving threats regarding cyberspace from foreign adversaries, state-
sponsored actors, and non-state actors to--
(A) United States national security;
(B) the Federal and private sector cyberspace infrastructure
of the United States;
(C) intellectual property in the United States; and
(D) the privacy and security of citizens of the United
States;
(5) a review of the policy tools available to the President to deter
and de-escalate tensions with foreign countries, state-sponsored actors,
and private actors regarding--
(A) threats in cyberspace;
(B) the degree to which such tools have been used; and
(C) whether such tools have been effective deterrents;
(6) a review of resources required to conduct activities to build
responsible norms of international cyber behavior;
(7) a review, in coordination with the Office of the National Cyber
Director and the Office of Management and Budget, to determine whether
the budgetary resources, technical expertise, legal authorities, and
personnel available to the Department are adequate to achieve the
actions and activities undertaken by the Department to support the
policy described in section 9501(a);
(8) a review to determine whether the Department is properly
organized and coordinated with other Federal agencies to achieve the
objectives described in section 9501(b); and
(9) a plan of action, developed in coordination with the Department
of Defense and in consultation with other relevant Federal departments
and agencies as the President may direct, with respect to the inclusion
of cyber issues in mutual defense agreements.
(c) Form of Strategy.--
(1) Public availability.--The strategy required under subsection (a)
shall be available to the public in unclassified form, including through
publication in the Federal Register.
(2) Classified annex.--The strategy required under subsection (a)
may include a classified annex.
(d) Briefing.--Not later than 30 days after the completion of the strategy
required under subsection (a), the Secretary shall brief the Committee on
Foreign Relations of the Senate, the Select Committee on Intelligence of the
Senate, the Committee on Armed Services of the Senate, the Committee on Foreign
Affairs of the House of Representatives, the Permanent Select Committee on
Intelligence of the House of Representatives, and the Committee on Armed
Services of the House of Representatives regarding the strategy, including any
material contained in a classified annex.
(e) Updates.--The strategy required under subsection (a) shall be updated--
(1) not later than 90 days after any material change to United
States policy described in such strategy; and
(2) not later than 1 year after the inauguration of each new
President.
SEC. 9504. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON CYBER DIPLOMACY.
Not later than 18 months after the date of the enactment of this Act, the
Comptroller General of the United States shall submit a report and provide a
briefing to the appropriate congressional committees that includes--
(1) an assessment of the extent to which United States diplomatic
processes and other efforts with foreign countries, including through
multilateral fora, bilateral engagements, and negotiated cyberspace
agreements, advance the full range of United States interests regarding
cyberspace, including the policy described in section 9501(a);
(2) an assessment of the Department's organizational structure and
approach to managing its diplomatic efforts to advance the full range of
United States interests regarding cyberspace, including a review of--
(A) the establishment of a Bureau within the Department to
lead the Department's international cyber mission;
(B) the current or proposed diplomatic mission, structure,
staffing, funding, and activities of such Bureau;
(C) how the establishment of such Bureau has impacted or is
likely to impact the structure and organization of the
Department; and
(D) what challenges, if any, the Department has faced or
will face in establishing such Bureau; and
(3) any other matters that the Comptroller General determines to be
relevant.
SEC. 9505. REPORT ON DIPLOMATIC PROGRAMS TO DETECT AND RESPOND TO CYBER THREATS
AGAINST ALLIES AND PARTNERS.
Not later than 180 days after the date of the enactment of this Act, the
Secretary, in coordination with the heads of other relevant Federal agencies,
shall submit a report to the appropriate congressional committees that assesses
the capabilities of the Department to provide civilian-led support for acute
cyber incident response in ally and partner countries that includes--
(1) a description and assessment of the Department's coordination
with cyber programs and operations of the Department of Defense and the
Department of Homeland Security;
(2) recommendations on how to improve coordination and executive of
Department involvement in programs or operations to support allies and
partners in responding to acute cyber incidents; and
(3) the budgetary resources, technical expertise, legal authorities,
and personnel needed for the Department to formulate and implement the
programs described in this section.
SEC. 9506. CYBERSECURITY RECRUITMENT AND RETENTION.
(a) Sense of Congress.--It is the sense of Congress that improving computer
programming language proficiency will improve--
(1) the cybersecurity effectiveness of the Department; and
(2) the ability of foreign service officers to engage with foreign
audiences on cybersecurity matters.
(b) Technology Talent Acquisition.--
(1) Establishment.--The Secretary shall establish positions within
the Bureau of Global Talent Management that are solely dedicated to the
recruitment and retention of Department personnel with backgrounds in
cybersecurity, engineering, data science, application development,
artificial intelligence, critical and emerging technology, and
technology and digital policy.
(2) Goals.--The goals of the positions described in paragraph (1)
shall be--
(A) to fulfill the critical need of the Department to
recruit and retain employees for cybersecurity, digital, and
technology positions;
(B) to actively recruit relevant candidates from academic
institutions, the private sector, and related industries;
(C) to work with the Office of Personnel Management and the
United States Digital Service to develop and implement best
strategies for recruiting and retaining technology talent; and
(D) to inform and train supervisors at the Department on the
use of the authorities listed in subsection (c)(1).
(3) Implementation plan.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit a plan to the
appropriate congressional committees that describes how the objectives
and goals set forth in paragraphs (1) and (2) will be implemented.
(4) Authorization of appropriations.--There is authorized to be
appropriated $750,000 for each of the fiscal years 2023 through 2027 to
carry out this subsection.
(c) Annual Report on Hiring Authorities.--Not later than 1 year after the
date of the enactment of this Act, and annually thereafter for the following 5
years, the Secretary shall submit a report to the appropriate congressional
committees that includes--
(1) a list of the hiring authorities available to the Department to
recruit and retain personnel with backgrounds in cybersecurity,
engineering, data science, application development, artificial
intelligence, critical and emerging technology, and technology and
digital policy;
(2) a list of which hiring authorities described in paragraph (1)
have been used during the previous 5 years;
(3) the number of employees in qualified positions hired, aggregated
by position and grade level or pay band;
(4) the number of employees who have been placed in qualified
positions, aggregated by bureau and offices within the Department;
(5) the rate of attrition of individuals who begin the hiring
process and do not complete the process and a description of the reasons
for such attrition;
(6) the number of individuals who are interviewed by subject matter
experts and the number of individuals who are not interviewed by subject
matter experts; and
(7) recommendations for--
(A) reducing the attrition rate referred to in paragraph (5)
by 5 percent each year;
(B) additional hiring authorities needed to acquire needed
technology talent;
(C) hiring personnel to hold public trust positions until
such personnel can obtain the necessary security clearance; and
(D) informing and training supervisors within the Department
on the use of the authorities listed in paragraph (1).
(d) Incentive Pay for Cybersecurity Professionals.--To increase the number
of qualified candidates available to fulfill the cybersecurity needs of the
Department, the Secretary shall--
(1) include computer programming languages within the Recruitment
Language Program; and
(2) provide appropriate language incentive pay.
(e) Report.--Not later than 1 year after the date of the enactment of this
Act, and annually thereafter for the following 5 years, the Secretary shall
provide a list to the appropriate congressional committees that identifies--
(1) the computer programming languages included within the
Recruitment Language Program and the language incentive pay rate; and
(2) the number of individuals benefitting from the inclusion of such
computer programming languages in the Recruitment Language Program and
language incentive pay.
SEC. 9507. SHORT COURSE ON EMERGING TECHNOLOGIES FOR SENIOR OFFICIALS.
(a) In General.--Not later than 1 year after the date of the enactment of
this Act, the Secretary shall develop and begin providing, for senior officials
of the Department, a course addressing how the most recent and relevant
technologies affect the activities of the Department.
(b) Throughput Objectives.--The Secretary should ensure that--
(1) during the first year that the course developed pursuant to
subsection (a) is offered, not fewer than 20 percent of senior officials
are certified as having passed such course; and
(2) in each subsequent year, until the date on which 80 percent of
senior officials are certified as having passed such course, an
additional 10 percent of senior officials are certified as having passed
such course.
SEC. 9508. ESTABLISHMENT AND EXPANSION OF REGIONAL TECHNOLOGY OFFICER PROGRAM.
(a) Regional Technology Officer Program.--
(1) Establishment.--The Secretary shall establish a program, which
shall be known as the ``Regional Technology Officer Program'' (referred
to in this section as the ``Program'').
(2) Goals.--The goals of the Program shall include the following:
(A) Promoting United States leadership in technology abroad.
(B) Working with partners to increase the deployment of
critical and emerging technology in support of democratic
values.
(C) Shaping diplomatic agreements in regional and
international fora with respect to critical and emerging
technologies.
(D) Building diplomatic capacity for handling critical and
emerging technology issues.
(E) Facilitating the role of critical and emerging
technology in advancing the foreign policy objectives of the
United States through engagement with research labs, incubators,
and venture capitalists.
(F) Maintaining the advantages of the United States with
respect to critical and emerging technologies.
(b) Implementation Plan.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit an implementation plan to the
appropriate congressional committees that outlines strategies for--
(1) advancing the goals described in subsection (a)(2);
(2) hiring Regional Technology Officers and increasing the
competitiveness of the Program within the Foreign Service bidding
process;
(3) expanding the Program to include a minimum of 15 Regional
Technology Officers; and
(4) assigning not fewer than 2 Regional Technology Officers to posts
within--
(A) each regional bureau of the Department; and
(B) the Bureau of International Organization Affairs.
(c) Annual Briefing Requirement.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the following 5 years,
the Secretary shall brief the appropriate congressional committees regarding the
status of the implementation plan required under subsection (b).
(d) Authorization of Appropriations.--There is authorized to be appropriated
up to $25,000,000 for each of the fiscal years 2023 through 2027 to carry out
this section.
SEC. 9509. VULNERABILITY DISCLOSURE POLICY AND BUG BOUNTY PROGRAM REPORT.
(a) Definitions.--In this section:
(1) Bug bounty program.--The term ``bug bounty program'' means a
program under which an approved individual, organization, or company is
temporarily authorized to identify and report vulnerabilities of
internet-facing information technology of the Department in exchange for
compensation.
(2) Information technology.--The term ``information technology'' has
the meaning given such term in section 11101 of title 40, United States
Code.
(b) Vulnerability Disclosure Policy.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall design, establish, and make
publicly known a Vulnerability Disclosure Policy (referred to in this
section as the ``VDP'') to improve Department cybersecurity by--
(A) creating Department policy and infrastructure to receive
reports of and remediate discovered vulnerabilities in line with
existing policies of the Office of Management and Budget and the
Department of Homeland Security Binding Operational Directive
20-01 or any subsequent directive; and
(B) providing a report on such policy and infrastructure to
Congress.
(2) Annual reports.--Not later than 180 days after the establishment
of the VDP pursuant to paragraph (1), and annually thereafter for the
following 5 years, the Secretary shall submit a report on the VDP to the
Committee on Foreign Relations of the Senate, the Committee on Homeland
Security and Governmental Affairs of the Senate, the Select Committee on
Intelligence of the Senate, the Committee on Foreign Affairs of the
House of Representatives, the Committee on Homeland Security of the
House of Representatives, and the Permanent Select Committee on
Intelligence of the House of Representatives that includes information
relating to--
(A) the number and severity of all security vulnerabilities
reported;
(B) the number of previously unidentified security
vulnerabilities remediated as a result;
(C) the current number of outstanding previously
unidentified security vulnerabilities and Department of State
remediation plans;
(D) the average time between the reporting of security
vulnerabilities and remediation of such vulnerabilities;
(E) the resources, surge staffing, roles, and
responsibilities within the Department used to implement the VDP
and complete security vulnerability remediation;
(F) how the VDP identified vulnerabilities are incorporated
into existing Department vulnerability prioritization and
management processes;
(G) any challenges in implementing the VDP and plans for
expansion or contraction in the scope of the VDP across
Department information systems; and
(H) any other topic that the Secretary determines to be
relevant.
(c) Bug Bounty Program Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to Congress
that describes any ongoing efforts by the Department or a third-party
vendor under contract with the Department to establish or carry out a
bug bounty program that identifies security vulnerabilities of internet-
facing information technology of the Department.
(2) Report.--Not later than 180 days after the date on which any bug
bounty program is established, the Secretary shall submit a report to
the Committee on Foreign Relations of the Senate, the Committee on
Homeland Security and Governmental Affairs of the Senate, the Committee
on Foreign Affairs of the House of Representatives, and the Committee on
Homeland Security of the House of Representatives regarding such
program, including information relating to--
(A) the number of approved individuals, organizations, or
companies involved in such program, disaggregated by the number
of approved individuals, organizations, or companies that--
(i) registered;
(ii) were approved;
(iii) submitted security vulnerabilities; and
(iv) received compensation;
(B) the number and severity of all security vulnerabilities
reported as part of such program;
(C) the number of previously unidentified security
vulnerabilities remediated as a result of such program;
(D) the current number of outstanding previously
unidentified security vulnerabilities and Department remediation
plans for such outstanding vulnerabilities;
(E) the average length of time between the reporting of
security vulnerabilities and remediation of such
vulnerabilities;
(F) the types of compensation provided under such program;
(G) the lessons learned from such program;
(H) the public accessibility of contact information for the
Department regarding the bug bounty program;
(I) the incorporation of bug bounty program identified
vulnerabilities into existing Department vulnerability
prioritization and management processes; and
(J) any challenges in implementing the bug bounty program
and plans for expansion or contraction in the scope of the bug
bounty program across Department information systems.
TITLE XCVI--PUBLIC DIPLOMACY
SEC. 9601. UNITED STATES PARTICIPATION IN INTERNATIONAL FAIRS AND EXPOSITIONS.
(a) Defined Term.--In this section, the term ``appropriate committees of
Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of Representatives.
(b) Authorization of Appropriations.--Consistent with section 204 of the
Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act,
Fiscal Years 2000 and 2001 (22 U.S.C. 2452b), subject to subsections (c) and
(d), there is authorized to be appropriated to the Department up to $25,000,000
for each of the fiscal years 2023 and 2024 for United States participation in
international fairs and expositions abroad, including for the construction and
operation of a United States pavilion at Expo 2025 Osaka.
(c) Cost-share Requirement.--Amounts made available pursuant to subsection
(b) to the Department for a United States pavilion or other major exhibit at an
international fair or exposition abroad shall be made available on a cost-
matching basis, to the maximum extent practicable, from sources other than the
United States Government.
(d) Notification.--
(1) In general.--No funds made available pursuant to subsection (b)
to the Department for a United States pavilion or other major exhibit at
an international fair or exposition abroad may be obligated until at
least 15 days after the appropriate committees of Congress have been
notified of such intended obligation.
(2) Matters to be included.--Each notification under paragraph (1)
shall include--
(A) a description of the source of such funds, including any
funds reprogrammed or transferred by the Department to be made
available for such pavilion or other major exhibit abroad;
(B) an estimate of the amount of investment such pavilion or
other major exhibit abroad could bring to the United States; and
(C) a description of the strategy of the Department to
identify and obtain such matching funds from sources other than
the United States Government, in accordance with subsection (c).
(e) Final Report.--Not later than 180 days after the date on which a United
States pavilion or other major exhibit abroad is opened at an international fair
or exposition in accordance with this section, the Secretary shall submit a
report to the appropriate committees of Congress that includes--
(1) the number of United States businesses that participated in such
pavilion or other major exhibit; and
(2) the dollar amount and source of any matching funds obtained by
the Department.
SEC. 9602. UNDER SECRETARY FOR PUBLIC DIPLOMACY AND PUBLIC AFFAIRS.
(a) Financial and Human Resources Coordination.--Section 1(b)(3) of the
State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(F) coordinate the allocation and management of the
financial and human resources for public diplomacy, including
for--
``(i) the Bureau of Educational and Cultural
Affairs;
``(ii) the Bureau of Global Public Affairs;
``(iii) the Office of Policy, Planning, and
Resources for Public Diplomacy and Public Affairs;
``(iv) the Global Engagement Center; and
``(v) the public diplomacy functions within the
regional and functional bureaus.''.
(b) Sense of Congress on the Importance of Filling the Position of Under
Secretary for Public Diplomacy and Public Affairs.--It is the sense of Congress
that since a vacancy in the position of Under Secretary of State for Public
Diplomacy and Public Affairs is detrimental to the national security interests
of the United States, the President should expeditiously nominate a qualified
individual to such position whenever such vacancy occurs to ensure that the
bureaus reporting to such position are able to fulfill their mission of--
(1) expanding and strengthening relationships between the people of
the United States and citizens of other countries; and
(2) engaging, informing, and understanding the perspectives of
foreign audiences.
SEC. 9603. REPORT ON PUBLIC DIPLOMACY.
Not later than 120 days after the date of the enactment of this Act, the
Secretary shall submit to the appropriate congressional committees a report that
includes--
(1) an evaluation of the May 2019 merger of the Bureau of Public
Affairs and the Bureau of International Information Programs to form the
Bureau of Global Public Affairs with respect to--
(A) the efficacy of the current configuration of the bureaus
reporting to the Under Secretary of State for Public Diplomacy
and Public Affairs in achieving the mission of the Department;
(B) the metrics before and after such merger, including
personnel data, disaggregated by position and location, content
production, opinion polling, program evaluations, and media
appearances;
(C) the results of a survey of public diplomacy
practitioners to determine their opinion of the efficacy of such
merger and any adjustments that still need to be made; and
(D) a plan for evaluating and monitoring, not less
frequently than once every 2 years, the programs, activities,
messaging, professional development efforts, and structure of
the Bureau of Global Public Affairs, and submitting a summary of
each such evaluation to the appropriate congressional
committees; and
(2) a review of recent outside recommendations for modernizing
diplomacy at the Department with respect to public diplomacy efforts,
including--
(A) efforts in each of the bureaus reporting to the Under
Secretary of State for Public Diplomacy and Public Affairs to
address issues of diversity and inclusion in their work,
structure, data collection, programming, and personnel,
including any collaboration with the Chief Diversity and
Inclusion Officer;
(B) proposals to collaborate with think tanks and academic
institutions working on public diplomacy issues to implement
recent outside recommendations; and
(C) additional authorizations and appropriations necessary
to implement such recommendations.
SEC. 9604. PROMOTING PEACE, EDUCATION, AND CULTURAL EXCHANGE THROUGH MUSIC
DIPLOMACY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) music is an important conveyer of culture and can be used to
communicate values and build understanding between communities;
(2) musical artists play a valuable role in cross-cultural exchange,
and their works and performances can promote peacebuilding and conflict
resolution efforts;
(3) the music industry in the United States has made important
contributions to American society and culture, and musicians and
industry professionals in the United States can offer valuable expertise
to young musical artists around the world; and
(4) the United States Government should promote exchange programs,
especially programs that leverage the expertise and resources of the
private sector, that give young musical artists from around the world
the chance--
(A) to improve their skills;
(B) share ideas;
(C) learn about American culture; and
(D) develop the necessary skills to support conflict
resolution and peacebuilding efforts in their communities and
broader societies.
(b) Authorization of Music-related Exchange Programs.--The Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.; commonly
known as the Fulbright-Hays Act) is amended--
(1) in section 102(a)(2) (22 U.S.C. 2452(a)(2))--
(A) in clause (iii), by inserting ``and'' at the end; and
(B) in clause (iv)--
(i) by inserting ``, including in coordination and
consultation with the private sector,'' before
``similar''; and
(ii) by striking the period at the end and inserting
``; and''; and
(2) in section 112(a) (22 U.S.C. 2460(a))--
(A) in paragraph (8), by striking ``and'' at the end;
(B) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(10) exchange programs, including in coordination and consultation
with the private sector, focused on music and the performing arts that
provide opportunities for foreign nationals and Americans to build
cross-cultural understanding and advance peace abroad.''.
(c) Private Sector Partnerships.--
(1) In general.--The Secretary should continue--
(A) to partner with the private sector in support of music-
related exchange programs implemented by the Bureau of
Educational and Cultural Affairs (referred to in this section as
the ``ECA'');
(B) to leverage private sector expertise in developing and
implementing such programs; and
(C) to expand networking and mentorship opportunities for
program participants.
(2) Authorization of certain partnerships.--The Secretary is
authorized to partner with the private sector to recognize musicians--
(A) whose works or performances have advanced peace abroad;
and
(B) who could contribute to networking and mentorship
opportunities for participants of music-related exchange
programs implemented by ECA.
(d) Strategy.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a strategy to the
appropriate congressional committees, the Committee on Appropriations of
the Senate, and the Committee on Appropriations of the House of
Representatives for advancing United States foreign policy goals,
including conflict resolution and peacebuilding efforts, through music-
related exchange programs implemented by ECA. Such strategy shall
include--
(A) a description of clearly defined annual goals, targets,
and planned outcomes for each music-related exchange program;
(B) a plan to monitor and evaluate each music-related
exchange program and progress made toward achieving such goals,
targets, and planned outcomes, including measurable benchmarks;
(C) a plan to ensure that music-related exchange programs
are promoting United States foreign policy objectives, including
ensuring such programs are clearly branded and paired with
robust public diplomacy efforts;
(D) a plan to pursue partnerships with the private sector
while implementing music-related exchange programs, including
leveraging industry expertise and expanding networking and
mentorship opportunities for program participants;
(E) examples of how ECA's music-related exchange programs
have contributed to conflict resolution and peacebuilding
efforts to date, including through participant and alumni
actions;
(F) a description of lessons learned regarding how to better
encourage conflict resolution and peacebuilding efforts through
ECA's music-related exchange programs; and
(G) a plan to incorporate such lessons learned into relevant
current and future programming.
(2) Consultation.--In developing the strategy required under
paragraph (1), the Secretary shall consult with the appropriate
congressional committees and relevant private sector partners.
TITLE XCVII--OTHER MATTERS
SEC. 9701. SUPPORTING THE EMPLOYMENT OF UNITED STATES CITIZENS BY INTERNATIONAL
ORGANIZATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department should continue to eliminate the unreasonable
barriers United States nationals face to obtain employment in the United
Nations Secretariat, funds, programs, and agencies; and
(2) the Department should bolster efforts to increase the number of
qualified United States nationals who are candidates for leadership and
oversight positions in the United Nations system, agencies, and
commissions, and in other international organizations.
(b) In General.--The Secretary is authorized to promote the employment and
advancement of United States citizens by international organizations and bodies,
including by--
(1) providing stipends, consultation, and analytical services to
support United States citizen applicants; and
(2) making grants for the purposes described in paragraph (1).
(c) Using Diplomatic Programs Funding To Promote the Employment of United
States Citizens by International Organizations.--Amounts appropriated under the
heading ``Diplomatic Programs'' in Acts making appropriations for the Department
of State, Foreign Operations, and Related Programs are authorized to be
appropriated for grants, programs, and activities described in subsection (b).
(d) Strategy to Establish Junior Professional Program.--
(1) In general.--Not later than 120 days after the date of the
enactment of this Act, the Secretary, in coordination with the Secretary
of the Treasury and other relevant cabinet members, shall publish a
strategy for encouraging United States citizens to pursue careers with
international organizations, particularly organizations that--
(A) set international scientific, technical, or commercial
standards; or
(B) are involved in international finance and development.
(2) Report to congress.--Not later than 90 days after the date of
the enactment of this Act, the Secretary, in coordination with the
Secretary of the Treasury and other relevant cabinet members, shall
submit a report to the appropriate congressional committees that
identifies--
(A) the number of United States citizens who are involved in
relevant junior professional programs in an international
organization;
(B) the distribution of individuals described in
subparagraph (A) among various international organizations; and
(C) the types of pre-deployment training that are available
to United States citizens through a junior professional program
at an international organization.
SEC. 9702. INCREASING HOUSING AVAILABILITY FOR CERTAIN EMPLOYEES ASSIGNED TO THE
UNITED STATES MISSION TO THE UNITED NATIONS.
Section 9(2) of the United Nations Participation Act of 1945 (22 U.S.C.
287e-1(2)), is amended by striking ``30'' and inserting ``41''.
SEC. 9703. LIMITATION ON UNITED STATES CONTRIBUTIONS TO PEACEKEEPING OPERATIONS
NOT AUTHORIZED BY THE UNITED NATIONS SECURITY COUNCIL.
The United Nations Participation Act of 1945 (22 U.S.C. 287 et seq.) is
amended by adding at the end the following:
``SEC. 12. LIMITATION ON UNITED STATES CONTRIBUTIONS TO PEACEKEEPING OPERATIONS
NOT AUTHORIZED BY THE UNITED NATIONS SECURITY COUNCIL.
``None of the funds authorized to be appropriated or otherwise made
available to pay assessed and other expenses of international peacekeeping
activities under this Act may be made available for an international
peacekeeping operation that has not been expressly authorized by the United
Nations Security Council.''.
SEC. 9704. BOARDS OF RADIO FREE EUROPE/RADIO LIBERTY, RADIO FREE ASIA, THE
MIDDLE EAST BROADCASTING NETWORKS, AND THE OPEN TECHNOLOGY FUND.
The United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et
seq.) is amended by inserting after section 306 (22 U.S.C. 6205) the following:
``SEC. 307. GRANTEE CORPORATE BOARDS OF DIRECTORS.
``(a) In General.--The corporate board of directors of each grantee under
this title--
``(1) shall be bipartisan;
``(2) shall, except as otherwise provided in this Act, have the sole
responsibility to operate their respective grantees within the
jurisdiction of their respective States of incorporation;
``(3) shall be composed of not fewer than 5 members, who shall be
qualified individuals who are not employed in the public sector; and
``(4) shall appoint successors in the event of vacancies on their
respective boards, in accordance with applicable bylaws.
``(b) Not Federal Employees.--No employee of any grantee under this title
may be a Federal employee.''.
SEC. 9705. BROADCASTING ENTITIES NO LONGER REQUIRED TO CONSOLIDATE INTO A SINGLE
PRIVATE, NONPROFIT CORPORATION.
Section 310 of the United States International Broadcasting Act of 1994 (22
U.S.C. 6209) is amended. to read as follows:
``SEC. 310. INCORPORATION AND NON-FEDERAL STATUS OF BROADCASTING ENTITIES.
``(a) Defined Term.--In this chapter--
``(1) the term `grant' includes agreements under section 6305 of
title 31, United States Code; and
``(2) the term `grantee' includes recipients of an agreement
described in paragraph (1).
``(b) Incorporation.--The Chief Executive Officer is authorized to
incorporate grantees in accordance with the regular notification procedures of--
``(1) the Committee on Appropriations of the Senate;
``(2) the Committee on Foreign Relations of the Senate;
``(3) the Committee on Appropriations of the House of
Representatives; and
``(4) the Committee on Foreign Affairs of the House of
Representatives.
``(c) Federal Status.--Nothing in this chapter or in any other Act, and no
action taken pursuant to this chapter or any other Act, may be construed to make
a grantee incorporated pursuant to subsection (b), or any other grantee or
entity provided funding by the Agency, a Federal agency or instrumentality.
``(d) Leadership of Grantee Organizations.--The chief executive officer or
the equivalent official of RFE/RL Inc., Radio Free Asia, the Open Technology
Fund, and the Middle East Broadcasting Networks, and any other organization that
is established or authorized under this chapter, shall serve at the pleasure of,
and may be named by, the Chief Executive Officer of the Agency, with the
concurrence of the Grantee Board and subject to the approval of the Advisory
Board pursuant to section 306.''.
SEC. 9706. INTERNATIONAL BROADCASTING ACTIVITIES.
Section 305(a) of the United States International Broadcasting Act of 1994
(22 U.S.C. 6204(a)) is amended--
(1) in paragraph (1), by striking ``direct and'';
(2) by striking paragraph (20);
(3) by redesignating paragraphs (21), (22), and (23) as paragraphs
(20), (21), and (22), respectively; and
(4) in paragraph (22), as redesignated, by striking ``and to
condition grants'' and all that follows and inserting a period.
SEC. 9707. GLOBAL INTERNET FREEDOM.
(a) Statement of Policy.--It is the policy of the United States to promote
internet freedom through programs of the Department and USAID that preserve and
expand the internet as an open, global space for freedom of expression and
association, which shall be prioritized for countries--
(1) whose governments restrict freedom of expression on the
internet; and
(2) that are important to the national interest of the United
States.
(b) Purpose and Coordination With Other Programs.--Global internet freedom
programming under this section--
(1) shall be coordinated with other United States foreign assistance
programs that promote democracy and support the efforts of civil
society--
(A) to counter the development of repressive internet-
related laws and regulations, including countering threats to
internet freedom at international organizations;
(B) to combat violence against bloggers and other civil
society activists who utilize the internet; and
(C) to enhance digital security training and capacity
building for democracy activists;
(2) shall seek to assist efforts--
(A) to research key threats to internet freedom;
(B) to continue the development of technologies that provide
or enhance access to the internet, including circumvention tools
that bypass internet blocking, filtering, and other censorship
techniques used by authoritarian governments; and
(C) to maintain the technological advantage of the Federal
Government over the censorship techniques described in
subparagraph (B); and
(3) shall be incorporated into country assistance and democracy
promotion strategies, as appropriate.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2023--
(1) $75,000,000 to the Department and USAID, to continue efforts to
promote internet freedom globally, and shall be matched, to the maximum
extent practicable, by sources other than the Federal Government,
including the private sector; and
(2) $49,000,000 to the United States Agency for Global Media
(referred to in this section as the ``USAGM'') and its grantees, for
internet freedom and circumvention technologies that are designed--
(A) for open-source tools and techniques to securely develop
and distribute digital content produced by the USAGM and its
grantees;
(B) to facilitate audience access to such digital content on
websites that are censored;
(C) to coordinate the distribution of such digital content
to targeted regional audiences; and
(D) to promote and distribute such tools and techniques,
including digital security techniques.
(d) United States Agency for Global Media Activities.--
(1) Annual certification.--For any new tools or techniques
authorized under subsection (c)(2), the Chief Executive Officer of the
USAGM, in consultation with the President of the Open Technology Fund
(referred to in this subsection as the ``OTF'') and relevant Federal
departments and agencies, shall submit an annual certification to the
appropriate congressional committees that verifies they--
(A) have evaluated the risks and benefits of such new tools
or techniques; and
(B) have established safeguards to minimize the use of such
new tools or techniques for illicit purposes.
(2) Information sharing.--The Secretary may not direct programs or
policy of the USAGM or the OTF, but may share any research and
development with relevant Federal departments and agencies for the
exclusive purposes of--
(A) sharing information, technologies, and best practices;
and
(B) assessing the effectiveness of such technologies.
(3) United states agency for global media.--The Chief Executive
Officer of the USAGM, in consultation with the President of the OTF,
shall--
(A) coordinate international broadcasting programs and
incorporate such programs into country broadcasting strategies,
as appropriate;
(B) solicit project proposals through an open, transparent,
and competitive application process, including by seeking input
from technical and subject matter experts; and
(C) support internet circumvention tools and techniques for
audiences in countries that are strategic priorities for the
OTF, in accordance with USAGM's annual language service
prioritization review.
(e) USAGM Report.--Not later than 120 days after the date of the enactment
of this Act, the Chief Executive Office of the USAGM shall submit a report to
the appropriate congressional committees that describes--
(1) as of the date of the report--
(A) the full scope of internet freedom programs within the
USAGM, including--
(i) the efforts of the Office of Internet Freedom;
and
(ii) the efforts of the Open Technology Fund;
(B) the capacity of internet censorship circumvention tools
supported by the Office of Internet Freedom and grantees of the
Open Technology Fund that are available for use by individuals
in foreign countries seeking to counteract censors; and
(C) any barriers to the provision of the efforts described
in clauses (i) and (ii) of subparagraph (A), including access to
surge funding; and
(2) successful examples from the Office of Internet Freedom and Open
Technology Fund involving--
(A) responding rapidly to internet shutdowns in closed
societies; and
(B) ensuring uninterrupted circumvention services for USAGM
entities to promote internet freedom within repressive regimes.
(f) Joint Report.--Not later than 60 days after the date of the enactment of
this Act, the Secretary and the Administrator of USAID shall jointly submit a
report, which may include a classified annex, to the appropriate congressional
committees that describes--
(1) as of the date of the report--
(A) the full scope of internet freedom programs within the
Department and USAID, including--
(i) Department circumvention efforts; and
(ii) USAID efforts to support internet
infrastructure;
(B) the capacity of internet censorship circumvention tools
supported by the Federal Government that are available for use
by individuals in foreign countries seeking to counteract
censors; and
(C) any barriers to provision of the efforts enumerated in
clauses (i) and (ii) of subsection (e)(1)(A), including access
to surge funding; and
(2) any new resources needed to provide the Federal Government with
greater capacity to provide and boost internet access--
(A) to respond rapidly to internet shutdowns in closed
societies; and
(B) to provide internet connectivity to foreign locations
where the provision of additional internet access service would
promote freedom from repressive regimes.
(g) Security Audits.--Before providing any support for open source
technologies under this section, such technologies must undergo comprehensive
security audits to ensure that such technologies are secure and have not been
compromised in a manner that is detrimental to the interest of the United States
or to the interests of individuals and organizations benefitting from programs
supported by such funding.
(h) Surge.--
(1) Authorization of appropriations.--Subject to paragraph (2),
there is authorized to be appropriated, in addition to amounts otherwise
made available for such purposes, up to $2,500,000 to support internet
freedom programs in closed societies, including programs that--
(A) are carried out in crisis situations by vetted entities
that are already engaged in internet freedom programs;
(B) involve circumvention tools; or
(C) increase the overseas bandwidth for companies that
received Federal funding during the previous fiscal year.
(2) Certification.--Amounts authorized to be appropriated pursuant
to paragraph (1) may not be expended until the Secretary has certified
to the appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on Appropriations of the
House of Representatives that the use of such funds is in the national
interest of the United States.
(i) Defined Term.--In this section, the term ``internet censorship
circumvention tool'' means a software application or other tool that an
individual can use to evade foreign government restrictions on internet access.
SEC. 9708. ARMS EXPORT CONTROL ACT ALIGNMENT WITH THE EXPORT CONTROL REFORM ACT.
Section 38(e) of the Arms Export Control Act (22 U.S.C. 2778(e)) is
amended--
(1) by striking ``subsections (c), (d), (e), and (g) of section 11
of the Export Administration Act of 1979, and by subsections (a) and (c)
of section 12 of such Act'' and inserting ``subsections (c) and (d) of
section 1760 of the Export Control Reform Act of 2018 (50 U.S.C. 4819),
and by subsections (a)(1), (a)(2), (a)(3), (a)(4), (a)(7), (c), and (h)
of section 1761 of such Act (50 U.S.C. 4820)'';
(2) by striking ``11(c)(2)(B) of such Act'' and inserting
``1760(c)(2) of such Act (50 U.S.C. 4819(c)(2))'';
(3) by striking ``11(c) of the Export Administration Act of 1979''
and inserting ``section 1760(c) of the Export Control Reform Act of 2018
(50 U.S.C. 4819(c))''; and
(4) by striking ``$500,000'' and inserting ``the greater of
$1,200,000 or the amount that is twice the value of the transaction that
is the basis of the violation with respect to which the penalty is
imposed.''.
SEC. 9709. INCREASING THE MAXIMUM ANNUAL LEASE PAYMENT AVAILABLE WITHOUT
APPROVAL BY THE SECRETARY.
Section 10(a) of the Foreign Service Buildings Act, 1926 (22 U.S.C. 301(a)),
is amended by striking ``$50,000'' and inserting ``$100,000''.
SEC. 9710. REPORT ON UNITED STATES ACCESS TO CRITICAL MINERAL RESOURCES ABROAD.
Not later than 120 days after the date of the enactment of this Act, the
Secretary shall submit a report to the appropriate congressional committees that
details, with regard to the Department--
(1) diplomatic efforts to ensure United States access to critical
minerals acquired from outside of the United States that are used to
manufacture clean energy technologies; and
(2) collaboration with other parts of the Federal Government to
build a robust supply chain for critical minerals necessary to
manufacture clean energy technologies.
SEC. 9711. OVERSEAS UNITED STATES STRATEGIC INFRASTRUCTURE DEVELOPMENT PROJECTS.
(a) Assessment of Impact to United States National Security of
Infrastructure Projects by the People's Republic of China in the Developing
World.--Not later than 18 months after the date of the enactment of this Act,
the Comptroller General of the United States shall submit a report to the
appropriate congressional committees, the Select Committee on Intelligence of
the Senate, and the Permanent Select Committee on Intelligence of the House of
Representatives regarding the One Belt, One Road Initiative, which is the global
infrastructure development strategy initiated by the Government of the People's
Republic of China in 2013.
(b) Report Elements.--The report required under subsection (a) shall--
(1) describe the nature and cost of One Belt, One Road Initiative
investments, operation, and construction of strategic infrastructure
projects, including logistics, refining, and processing industries and
resource facilities, and critical and strategic mineral resource
extraction projects, including an assessment of--
(A) the strategic benefits of such investments that are
derived by the People's Republic of China and the host nation;
and
(B) the negative impacts of such investments to the host
nation and to United States interests;
(2) describe the nature and total funding of United States'
strategic infrastructure investments and construction, such as projects
financed through initiatives such as Prosper Africa and the Millennium
Challenge Corporation;
(3) assess the national security threats posed by the foreign
infrastructure investment gap between the People's Republic of China and
the United States, including strategic infrastructure, such as ports,
market access to, and the security of, critical and strategic minerals,
digital and telecommunications infrastructure, threats to the supply
chains, and general favorability towards the People's Republic of China
and the United States among the populations of host countries;
(4) assess the opportunities and challenges for companies based in
the United States and companies based in United States partner and
allied countries to invest in foreign strategic infrastructure projects
in countries where the People's Republic of China has focused these
types of investments;
(5) identify challenges and opportunities for the United States
Government and United States partners and allies to more directly
finance and otherwise support foreign strategic infrastructure projects,
including an assessment of the authorities and capabilities of United
States agencies, departments, public-private partnerships, and
international or multilateral organizations to support such projects
without undermining United States domestic industries, such as domestic
mineral deposits; and
(6) include recommendations for United States Government agencies to
undertake or increase support for United States businesses to support
foreign, large-scale, strategic infrastructure projects, such as roads,
power grids, and ports.
SEC. 9712. PROVISION OF PARKING SERVICES AND RETENTION OF PARKING FEES.
The Secretary of State may--
(1) provide parking services, including electric vehicle charging
and other parking services, in facilities operated by or for the
Department; and
(2) charge fees for such services that may be deposited into the
appropriate account of the Department, to remain available until
expended for the purposes of such account, provided that the fees shall
not exceed the cost of the providing such services.
SEC. 9713. DIPLOMATIC RECEPTION AREAS.
(a) Defined Term.--In this section, the term ``reception areas'' has the
meaning given such term in section 41(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2713(c)).
(b) In General.--The Secretary may sell goods and services at fair market
value and use the proceeds of such sales for administration and related support
of the reception areas.
(c) Amounts Collected.--Amounts collected pursuant to the authority provided
under subsection (b) may be deposited into an account in the Treasury, to remain
available until expended.
SEC. 9714. RETURN OF SUPPORTING DOCUMENTS FOR PASSPORT APPLICATIONS THROUGH
UNITED STATES POSTAL SERVICE CERTIFIED MAIL.
(a) In General.--Not later than 180 days after the date of the enactment of
this Act, the Secretary shall establish a procedure that provides, to any
individual applying for a new United States passport or to renew the United
States passport of the individual by mail, the option to have supporting
documents for the application returned to the individual by the United States
Postal Service through certified mail.
(b) Cost.--
(1) Responsibility.--The cost of returning supporting documents to
an individual as described in subsection (a) shall be the responsibility
of the individual.
(2) Fee.--The fee charged to the individual by the Secretary for
returning supporting documents as described in subsection (a) shall be
the sum of--
(A) the retail price charged by the United States Postal
Service for the service; and
(B) the estimated cost of processing the return of the
supporting documents.
(3) Report.--Not later than 30 days after the establishment of the
procedure required under subsection (a), the Secretary shall submit a
report to the appropriate congressional committees that--
(A) details the costs included in the processing fee
described in paragraph (2); and
(B) includes an estimate of the average cost per request.
SEC. 9715. REPORT ON DISTRIBUTION OF PERSONNEL AND RESOURCES RELATED TO ORDERED
DEPARTURES AND POST CLOSURES.
Not later than 90 days after the date of the enactment of this Act, the
Secretary of State shall submit a report to the appropriate congressional
committees that describes--
(1) how Department personnel and resources dedicated to Mission
Afghanistan were reallocated following the closure of diplomatic posts
in Afghanistan in August 2021; and
(2) the extent to which Department personnel and resources for
Mission Iraq were reallocated following ordered departures for
diplomatic posts in March 2020, and how such resources were reallocated.
SEC. 9716. ELIMINATION OF OBSOLETE REPORTS.
(a) Certification of Effectiveness of the Australia Group.--Section 2(7) of
Senate Resolution 75 (105th Congress) is amended by striking subparagraph (C).
(b) Plans to Implement the Gandhi-King Scholarly Exchange Initiative.--The
Gandhi-King Scholarly Exchange Initiative Act (subtitle D of title III of
division FF of Public Law 116-260) is amended by striking section 336.
(c) Progress Report on Jerusalem Embassy.--The Jerusalem Embassy Act of 1995
(Public Law 104-45) is amended by striking section 6.
(d) Presidential Anti-pedophilia Certification.--Section 102 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is
amended by striking subsection (g).
(e) Microenterprise for Self-reliance Report.--Title III of the
Microenterprise for Self-Reliance and International Anti-Corruption Act of 2000
(Public Law 106-309; 22 U.S.C. 2462 note) is amended by striking section 304.
SEC. 9717. LOCALITY PAY FOR FEDERAL EMPLOYEES WORKING OVERSEAS UNDER DOMESTIC
EMPLOYEE TELEWORKING OVERSEAS AGREEMENTS.
(a) Definitions.--In this section:
(1) Civil service.--The term ``civil service'' has the meaning given
the term in section 2101 of title 5, United States Code.
(2) Covered employee.--The term ``covered employee'' means an
employee who--
(A) occupies a position in the civil service; and
(B) is working overseas under a Domestic Employee
Teleworking Overseas agreement.
(3) Locality pay.--The term ``locality pay'' means a locality-based
comparability payment paid in accordance with subsection (b).
(4) Nonforeign area.--The term ``nonforeign area'' has the meaning
given the term in section 591.205 of title 5, Code of Federal
Regulations, or any successor regulation.
(5) Overseas.--The term ``overseas'' means any geographic location
that is not in--
(A) the continental United States; or
(B) a nonforeign area.
(b) Payment of Locality Pay.--Each covered employee shall be paid locality
pay in an amount that is equal to the lesser of--
(1) the amount of a locality-based comparability payment that the
covered employee would have been paid under section 5304 or 5304a of
title 5, United States Code, had the official duty station of the
covered employee not been changed to reflect an overseas location under
the applicable Domestic Employee Teleworking Overseas agreement; or
(2) the amount of a locality-based comparability payment that the
covered employee would be paid under section 1113 of the Supplemental
Appropriations Act, 2009 (Public Law 111-32), as limited under section
9802(c)(2) of this Act, if the covered employee were an eligible member
of the Foreign Service (as defined in subsection (b) of such section
1113).
(c) Application.--Locality pay paid to a covered employee under this
section--
(1) shall begin to be paid not later than 60 days after the date of
the enactment of this Act; and
(2) shall be treated in the same manner, and subject to the same
terms and conditions, as a locality-based comparability payment paid
under section 5304 or 5304a of title 5, United States Code.
SEC. 9718. REPORT ON COUNTERING THE ACTIVITIES OF MALIGN ACTORS.
(a) Report.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Secretary, in consultation with the Secretary
of the Treasury and the Administrator, shall submit a report to the
Committee on Foreign Relations of the Senate, the Committee on Armed
Services of the Senate, the Select Committee on Intelligence of the
Senate, the Committee on Foreign Affairs of the House of
Representatives, the Committee on Armed Services of the House of
Representatives, and the Permanent Select Committee on Intelligence of
the House of Representatives regarding United States diplomatic efforts
in Africa in achieving United States policy goals and countering the
activities of malign actors.
(2) Elements.--The report required under paragraph (1) shall
include--
(A) case studies from Mali, Sudan, the Central African
Republic, the Democratic Republic of the Congo, Burkina Faso,
and South Sudan, with the goal of assessing the effectiveness of
diplomatic tools during the 5-year period ending on the date of
the enactment of this Act; and
(B) an assessment of--
(i) the extent and effectiveness of certain
diplomatic tools to advance United States priorities in
the respective case study countries, including--
(I) in-country diplomatic presence;
(II) humanitarian and development
assistance;
(III) support for increased 2-way trade and
investment;
(IV) United States security assistance;
(V) public diplomacy; and
(VI) accountability measures, including
sanctions;
(ii) whether the use of the diplomatic tools
described in clause (i) achieved the diplomatic ends for
which they were intended; and
(iii) the means by which the Russian Federation and
the People's Republic of China exploited any openings
for diplomatic engagement in the case study countries.
(b) Form.--The report required under subsection (b) shall be submitted in
classified form.
(c) Classified Briefing Required.--Not later than 1 year after the date of
the enactment of this Act, the Secretary and the Administrator shall jointly
brief Congress regarding the report required under subsection (b).
TITLE XCVIII--EXTENSION OF AUTHORITIES
SEC. 9801. DIPLOMATIC FACILITIES.
For the purposes of calculating the costs of providing new United States
diplomatic facilities in any fiscal year, in accordance with section 604(e) of
the Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865
note), the Secretary of State, in consultation with the Director of the Office
of Management and Budget, shall determine the annual program level and agency
shares for such fiscal year in a manner that is proportional to the contribution
of the Department of State for this purpose.
SEC. 9802. EXTENSION OF EXISTING AUTHORITIES.
(a) Passport Fees.--Section 1(b)(2) of the Passport Act of June 4, 1920 (22
U.S.C. 214(b)(2)) shall be applied by striking ``September 30, 2010'' and
inserting ``September 30, 2026''.
(b) USAID Civil Service Annuitant Waiver.--Section 625(j)(1)(B) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2385(j)(1)(B)) shall be applied by
striking ``October 1, 2010'' and inserting ``September 30, 2024''.
(c) Overseas Pay Comparability and Limitation.--
(1) In general.--The authority provided under section 1113 of the
Supplemental Appropriations Act, 2009 (Public Law 111-32) shall remain
in effect through September 30, 2024.
(2) Limitation.--The authority described in paragraph (1) may not be
used to pay an eligible member of the Foreign Service (as defined in
section 1113(b) of the Supplemental Appropriations Act, 2009 (Public Law
111-32)) a locality-based comparability payment (stated as a percentage)
that exceeds two-thirds of the amount of the locality-based
comparability payment (stated as a percentage) that would be payable to
such member under section 5304 of title 5, United States Code, if such
member's official duty station were in the District of Columbia.
(d) Inspector General Annuitant Waiver.--The authorities provided under
section 1015(b) of the Supplemental Appropriations Act, 2010 (Public Law 111-
212)--
(1) shall remain in effect through September 30, 2024; and
(2) may be used to facilitate the assignment of persons for
oversight of programs in Somalia, South Sudan, Syria, Venezuela, and
Yemen.
(e) Security Review Committees.--The authority provided under section
301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22
U.S.C. 4831(a)(3)) shall remain in effect for facilities in Afghanistan and
shall apply to facilities in Ukraine through September 30, 2024, except that the
notification and reporting requirements contained in such section shall include
the appropriate congressional committees, the Committee on Appropriations of the
Senate, and the Committee on Appropriations of the House of Representatives.
(f) Department of State Inspector General Waiver Authority.--The Inspector
General of the Department may waive the provisions of subsections (a) through
(d) of section 824 of the Foreign Service Act of 1980 (22 U.S.C. 4064), on a
case-by-case basis, for an annuitant reemployed by the Inspector General on a
temporary basis, subject to the same constraints and in the same manner by which
the Secretary of State may exercise such waiver authority pursuant to subsection
(g) of such section.
SEC. 9803. COMMISSION ON REFORM AND MODERNIZATION OF THE DEPARTMENT OF STATE.
(a) Short Title.--This section may be cited as the ``Commission on Reform
and Modernization of the Department of State Act''.
(b) Establishment of Commission.--There is established, in the legislative
branch, the Commission on Reform and Modernization of the Department of State
(referred to in this section as the ``Commission'').
(c) Purposes.--The purposes of the Commission are--
(1) to examine the changing nature of diplomacy and the ways in
which the Department can modernize to advance the interests of the
United States; and
(2) to offer recommendations to the President and Congress related
to--
(A) the organizational structure of the Department;
(B) personnel-related matters, including recruitment,
promotion, training, and retention of the Department's workforce
in order to foster effective diplomacy worldwide, including
measures to strengthen diversity and inclusion to ensure that
the Department's workforce represents all of America;
(C) the Department of State's domestic and overseas
facilities;
(D) the link among diplomacy and defense, development,
commercial, health, law enforcement, science, technology, and
other core United States interests;
(E) legislation that authorizes United States diplomacy,
including the Foreign Service Act of 1980 (Public Law 96-465);
and
(F) related regulations, rules, and processes that define
United States diplomatic efforts, including the Foreign Affairs
Manual.
(d) Membership.--
(1) Composition.--The Commission shall be composed of 16 members, of
whom--
(A) 4 members shall be appointed by the President in a
nonpartisan manner;
(B) 2 members (1 of whom may be a Member of Congress) shall
be appointed by the majority leader of the Senate;
(C) 2 members (1 of whom may be a Member of Congress) shall
be appointed by the Speaker of the House of Representatives;
(D) 2 members (1 of whom may be a Member of Congress) shall
be appointed by the minority leader of the Senate;
(E) 2 members (1 of whom may be a Member of Congress) shall
be appointed by the minority leader of the House of
Representatives;
(F) 1 member shall be appointed by the chairperson of the
Committee on Foreign Relations of the Senate;
(G) 1 member shall be appointed by the ranking member of the
Committee on Foreign Relations of the Senate;
(H) 1 member shall be appointed by the chairperson of the
Committee on Foreign Affairs of the House of Representatives;
and
(I) 1 member shall be appointed by the ranking member of the
Committee on Foreign Affairs of the House of Representatives.
(2) Qualifications.--
(A) Membership.--Any member of the Commission who is not a
Member of Congress shall be a private United States citizen who
is nationally recognized and has significant depth of experience
in international relations, data-driven management, and the
policymaking, programmatic, and personnel aspects of the
Department.
(B) Restrictions.--
(i) Foreign agents registration act of 1938.--No
member of the Commission may be a current or former
registrant under the Foreign Agents Registration Act of
1938 (22 U.S.C. 611 et seq.).
(ii) Members of congress.--Not more than 4 members
of the Commission may be Members of Congress, who may
only be appointed by the Majority Leader of the Senate,
the Minority Leader of the Senate, the Speaker of the
House of Representatives, and the Minority Leader of the
House of Representatives in accordance with paragraph
(1). None of the members of the Commission may be
individuals who are eligible to make such appointments.
(3) Appointments.--
(A) Deadline.--Members of the Commission shall be appointed
pursuant to paragraph (1) not later than 90 days after the date
of the enactment of this Act.
(B) Period of appointment; vacancies.--Members of the
Commission shall be appointed for the life of the Commission.
Any vacancy in the Commission shall not affect the powers of the
Commission and shall be filled in the same manner as the
original appointment.
(C) Notifications.--Individuals making appointments pursuant
to paragraph (1) shall notify the Chair and Ranking Member of
the appropriate committees of Congress and the Secretary of
State of such appointments.
(D) Co-chairpersons.--
(i) Democratic leaders.--The Democratic leader in
the Senate and the Democratic leader in the House of
Representatives shall jointly select 1 member of the
Commission appointed pursuant to paragraph (1) to serve
as a co-chairperson of the Commission.
(ii) Republican leaders.--The Republican leader in
the Senate and the Republican leader in the House of
Representatives shall jointly select 1 member of the
Commission appointed pursuant to paragraph (1) to serve
as a co-chairperson of the Commission.
(4) Removal.--A member may be removed from the Commission for cause
by the individual serving in the position responsible for the original
appointment of such member under paragraph (1) if--
(A) notice was provided to such member describing the cause
for removal; and
(B) such removal was voted and agreed upon by a majority of
the members serving on the Commission.
(5) Meetings.--
(A) Initial meeting.--Not later than 30 days after a
majority of the members of the Commission have been appointed,
the Commission shall hold the first meeting and shall begin
operations as soon as practicable.
(B) Frequency.--The Commission shall meet upon the call of
the co-chairpersons, acting jointly.
(C) Quorum.--A majority of the members of the Commission, or
a majority of the members of a panel, shall constitute a quorum
for purposes of conducting business.
(e) Functions of Commission.--
(1) In general.--Except as provided in subsection (j), the
Commission shall act by resolution agreed to by a majority of the
members of the Commission voting and present.
(2) Panels.--The Commission may establish panels composed of less
than the full membership of the Commission for purposes of carrying out
the duties of the Commission under this section. The membership of such
panels should reflect the bipartisan composition of the Commission. The
actions of any such panel shall be subject to the review and control of
the Commission. Any findings and determinations made by such a panel may
not be considered the findings and determinations of the Commission
unless such findings and determinations are approved by a majority of
the Commission, including both co-chairpersons.
(f) Powers of Commission.--
(1) Hearings and evidence.--To carry out the purposes of the
Commission described in subsection (c), the Commission or any panel of
the Commission may, with the joint approval of the co-chairpersons--
(A) hold such hearings and meetings, take such testimony,
receive such evidence, and administer such oaths as the
Commission or such designated panel considers necessary;
(B) request the attendance and testimony of such witnesses
and the production of such correspondence, memoranda, papers,
and documents, as the Commission or such designated panel
considers necessary; and
(C) secure from the Department, USAID, the United States
International Development Finance Corporation, the Millennium
Challenge Corporation, Peace Corps, the United States Trade
Development Agency, and the United States Agency for Global
Media information and data necessary to enable it to carry out
its mission.
(2) Contracts.--The Commission, to such extent and in such amounts
as are provided in appropriations Acts, may enter into contracts to
enable the Commission to discharge its duties under this section.
(g) Support From Other Agencies.--
(1) Information from federal agencies.--To carry out the purposes of
the Commission described in subsection (c), upon the receipt of a joint
written request by the co-chairpersons of the Commission to any of the
heads of the Department, USAID, the United States International
Development Finance Corporation, the Millennium Challenge Corporation,
the Peace Corps, the Trade Development Agency, or the United States
Agency for Global Media, the heads of such entities shall expeditiously
furnish the requested information to the Commission.
(2) Assistance from federal agencies.--The Department of State and
other Federal departments and agencies may provide to the Commission, on
a nonreimbursable basis, such administrative services, staff, and other
support services as are necessary for the performance of the
Commission's duties under this section, at the request of the
Commission.
(3) Liaison.--The Secretary may designate at least 1 officer or
employee of the Department to serve as a liaison officer between the
Department and the Commission.
(4) Recommendations from independent organizations.--The Commission
may review recommendations by independent organizations and outside
experts relating to reform and modernization of the Department.
(h) Congressional Consultation.--Not later than 180 days after the initial
meeting of the Commission, and not less frequently than semiannually thereafter,
the Commission shall provide a briefing to Congress regarding the work of the
Commission.
(i) Staff and Compensation.--
(1) Staff.--
(A) Compensation.--The co-chairpersons of the Commission
shall appoint and fix the compensation of a staff director and
such other personnel as may be necessary to enable the
Commission to carry out its duties, without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard to
the provisions of chapter 51 and subchapter III of chapter 53 of
such title relating to classification and General Schedule pay
rates, except that no rate of pay fixed under this subsection
may exceed the equivalent of that payable to a person occupying
a position at level V of the Executive Schedule under section
5316 of such title.
(B) Detail of government employees.--A Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(C) Procurement of temporary and intermittent services.--The
co-chairs of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals that do not exceed the
daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5315 of such
title.
(D) Status as federal employees.--Notwithstanding the
requirements under section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of
such section, the members of the commission shall be deemed to
be Federal employees.
(2) Commission members.--
(A) Compensation.--Except as provided in subparagraph (C),
each member of the Commission shall be compensated at a rate not
to exceed the daily equivalent of the annual rate of basic pay
payable for level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day (including
travel time) during which that member is engaged in the actual
performance of the duties of the Commission.
(B) Waiver of certain provisions.--Subsections (a) through
(d) of section 824 of the Foreign Service Act of 1980 (22 U.S.C.
4064) are waived for an annuitant on a temporary basis so as to
be compensated for work performed as part of the Commission.
(C) Restriction for members of congress.--Any Member of
Congress serving as a member of the Commission shall not receive
any additional compensation or pay for their service on the
Commission.
(3) Travel expenses.--While away from their homes or regular places
of business in the performance of service for the Commission, members
and staff of the Commission, and any Federal Government employees
detailed to the Commission, shall be allowed travel expenses, including
per diem in lieu of subsistence, in the same manner as persons employed
intermittently in Government service are allowed expenses under section
5703(b) of title 5, United States Code.
(4) Security clearances for commission members and staff.--
(A) In general.--Members and staff shall have or be eligible
to receive the appropriate security clearance to conduct their
duties.
(B) Expedited processing.--The Office of Senate Security
shall ensure the expedited processing of appropriate security
clearances for members, officers, and employees of the
Commission.
(j) Report.--
(1) In general.--Not later than 24 months after the first date on
which a majority of the members of the Commission have been appointed,
the Commission shall submit a final report to the Secretary and Congress
that includes--
(A) a detailed statement of the findings and conclusions of
the Commission; and
(B) the recommendations of the Commission for such
legislative and administrative actions as the Commission
considers appropriate in light of the results of the study,
including the anticipated amount of time and resources required
to implement such recommendations.
(2) Department response.--The Secretary, in coordination with the
heads of appropriate Federal departments and agencies, shall have the
right to review and respond to all Commission recommendations before the
Commission submits its final report to the Secretary and Congress. The
Commission shall provide the Department with its recommendations not
later than 90 days before the date of submission of its final report.
(k) Termination of Commission.--
(1) In general.--The Commission, and all the authorities under this
section, shall terminate on the date that is 60 days after the date on
which the final report is submitted pursuant to subsection (j)(1).
(2) Administrative activities before termination.--The Commission
may use the 60-day period referred to in paragraph (1) for the purpose
of concluding its activities, including providing testimony to the
appropriate committees of Congress concerning its reports and
disseminating the report.
(l) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated up to
$2,000,000 for fiscal year 2023 to carry out this section.
(2) Transfers; support.--In addition to other transfers and support
otherwise authorized by law, the Secretary may--
(A) transfer any amounts appropriated pursuant to paragraph
(1) to the Commission; and
(B) use the amounts referred to in subparagraph (A) to
provide non-reimbursable support to the Commission.
(3) Commission accounts.--
(A) Establishment.--The Secretary of the Treasury may
establish 1 or more accounts to facilitate transfers to the
Commission of amounts authorized under paragraph (2)(A).
(B) Use of funds.--Amounts transferred to the Commission
pursuant to subparagraph(A) may be used for the activities of
the Commission, including--
(i) the payment of Commission expenses;
(ii) the compensation of Commission members,
officers, and employees.
(m) Defined Term.--In this section, the term ``appropriate committees of
Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of Representatives.
DIVISION J--OCEANS AND ATMOSPHERE
SEC. 10000. TABLE OF CONTENTS.
The table of contents for this division is as follows:
Sec. 10000. Table of contents.
TITLE C--CORAL REEF CONSERVATION
Subtitle A--Reauthorization of Coral Reef Conservation Act of 2000
Sec. 10001. Reauthorization of Coral Reef Conservation Act of 2000.
Subtitle B--United States Coral Reef Task Force
Sec. 10011. Establishment.
Sec. 10012. Duties.
Sec. 10013. Membership.
Sec. 10014. Responsibilities of Federal agency members.
Sec. 10015. Working groups.
Sec. 10016. Definitions.
Subtitle C--Department of the Interior Coral Reef Authorities
Sec. 10021. Coral reef conservation and restoration assistance.
Subtitle D--Susan L. Williams National Coral Reef Management Fellowship
Sec. 10031. Susan L. Williams National Coral Reef Management
Fellowship.
TITLE CI--BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE
GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
Sec. 10101. Purpose.
Sec. 10102. Definitions.
Sec. 10103. Workforce study.
Sec. 10104. Accelerating innovation at Cooperative Institutes.
Sec. 10105. Blue Economy valuation.
Sec. 10106. No additional funds authorized.
TITLE CII--REGIONAL OCEAN PARTNERSHIPS
Sec. 10201. Findings; purposes.
Sec. 10202. Regional Ocean Partnerships.
TITLE CIII--NATIONAL OCEAN EXPLORATION
Sec. 10301. Findings.
Sec. 10302. Definitions.
Sec. 10303. Ocean Policy Committee.
Sec. 10304. National Ocean Mapping, Exploration, and Characterization
Council.
Sec. 10305. Modifications to the ocean exploration program of the
National Oceanic and Atmospheric
Administration.
Sec. 10306. Repeal.
Sec. 10307. Modifications to ocean and coastal mapping program of the
National Oceanic and Atmospheric
Administration.
Sec. 10308. Modifications to Hydrographic Services Improvement Act of
1998.
TITLE CIV--MARINE MAMMAL RESEARCH AND RESPONSE
Sec. 10401. Data collection and dissemination.
Sec. 10402. Stranding or entanglement response agreements.
Sec. 10403. Unusual mortality event activity funding.
Sec. 10404. Liability.
Sec. 10405. National Marine Mammal Tissue Bank and tissue analysis.
Sec. 10406. Marine Mammal Rescue and Response Grant Program and Rapid
Response Fund.
Sec. 10407. Health MAP.
Sec. 10408. Reports to Congress.
Sec. 10409. Authorization of appropriations.
Sec. 10410. Definitions.
Sec. 10411. Study on marine mammal mortality.
TITLE CV--VOLCANIC ASH AND FUMES
Sec. 10501. Modifications to National Volcano Early Warning and
Monitoring System.
TITLE CVI--LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS
Sec. 10601. Learning excellence and good examples from new developers.
TITLE C--CORAL REEF CONSERVATION
Subtitle A--Reauthorization of Coral Reef Conservation Act of 2000
SEC. 10001. REAUTHORIZATION OF CORAL REEF CONSERVATION ACT OF 2000.
(a) In General.--The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et
seq.) is amended by striking sections 202 through 210 and inserting the
following:
``SEC. 202. PURPOSES.
``The purposes of this title are--
``(1) to conserve and restore the condition of United States coral
reef ecosystems challenged by natural and human-accelerated changes,
including increasing ocean temperatures, changing ocean chemistry, coral
bleaching, coral diseases, water quality degradation, invasive species,
and illegal, unreported, and unregulated fishing;
``(2) to promote the science-based management and sustainable use of
coral reef ecosystems to benefit local communities and the Nation,
including through improved integration and cooperation among Federal and
non-Federal stakeholders responsible for managing coral reef resources;
``(3) to develop sound scientific information on the condition of
coral reef ecosystems, continuing and emerging threats to such
ecosystems, and the efficacy of innovative tools, technologies, and
strategies to mitigate stressors and restore such ecosystems, including
evaluation criteria to determine the effectiveness of management
interventions, and accurate mapping for coral reef restoration;
``(4) to assist in the preservation of coral reefs by supporting
science-based, consensus-driven, and community-based coral reef
management by covered States and covered Native entities, including
monitoring, conservation, and restoration projects that empower local
communities, small businesses, and nongovernmental organizations;
``(5) to provide financial resources, technical assistance, and
scientific expertise to supplement, complement, and strengthen
community-based management programs and conservation and restoration
projects of non-Federal reefs;
``(6) to establish a formal mechanism for collecting and allocating
monetary donations from the private sector to be used for coral reef
conservation and restoration projects;
``(7) to support rapid, effective, and science-based assessment and
response to exigent circumstances that pose immediate and long-term
threats to coral reefs, including--
``(A) coral disease outbreaks;
``(B) invasive or nuisance species;
``(C) coral bleaching;
``(D) natural disasters; and
``(E) industrial or mechanical disasters, including vessel
groundings, hazardous spills, and coastal construction
accidents; and
``(8) to serve as a model for advancing similar international
efforts to monitor, conserve, and restore coral reef ecosystems.
``SEC. 203. FEDERAL CORAL REEF MANAGEMENT AND RESTORATION ACTIVITIES.
``(a) In General.--The Administrator, the Secretary of the Interior, or the
Secretary of Commerce may conduct activities described in subsection (b) to
conserve and restore coral reefs and coral reef ecosystems that are consistent
with--
``(1) all applicable laws governing resource management in Federal
and State waters, including this Act;
``(2) the National Coral Reef Resilience Strategy; and
``(3) coral reef action plans in effect under section 205, as
applicable.
``(b) Activities Described.--Activities described in this subsection are
activities to conserve, research, monitor, assess, and restore coral reefs and
coral reef ecosystems in waters managed under the jurisdiction of a Federal
agency specified in subsection (c) or in coordination with a State in waters
managed under the jurisdiction of such State, including--
``(1) developing, including through the collection of requisite in
situ and remotely sensed data, high-quality and digitized maps
reflecting--
``(A) current and historical live coral cover data;
``(B) coral reef habitat quality data;
``(C) priority areas for coral reef conservation to maintain
biodiversity and ecosystem structure and function, including the
reef matrix, that benefit coastal communities and living marine
resources;
``(D) priority areas for coral reef restoration to enhance
biodiversity and ecosystem structure and function, including the
reef matrix, to benefit coastal communities and living marine
resources; and
``(E) areas of concern that may require enhanced monitoring
of coral health and cover;
``(2) enhancing compliance with Federal laws that prohibit or
regulate--
``(A) the taking of coral products or species associated
with coral reefs; or
``(B) the use and management of coral reef ecosystems;
``(3) long-term ecological monitoring of coral reef ecosystems;
``(4) implementing species-specific recovery plans for listed coral
species consistent with the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
``(5) restoring degraded coral reef ecosystems;
``(6) reducing land-based stressors to coral reef ecosystems;
``(7) promoting ecologically sound navigation and anchorages,
including through navigational aids and expansion of reef-safe
anchorages and mooring buoy systems, to enhance recreational access
while preventing or minimizing the likelihood of vessel impacts or other
physical damage to coral reefs;
``(8) monitoring and responding to severe bleaching or mortality
events, disease outbreaks, invasive species outbreaks, and significant
maritime accidents, including hazardous spill cleanup and the removal of
grounded vessels;
``(9) conducting scientific research that contributes to the
understanding, sustainable use, and long-term conservation of coral
reefs;
``(10) enhancing public awareness, understanding, and appreciation
of coral reefs and coral reef ecosystems and their ecological and
socioeconomic value; and
``(11) centrally archiving, managing, and distributing on a public
website data sets and coral reef ecosystem assessments, including the
data repositories of the Coral Reef Conservation Program of the National
Oceanic and Atmospheric Administration.
``(c) Federal Agencies Specified.--A Federal agency specified in this
subsection is one of the following:
``(1) The National Oceanic and Atmospheric Administration.
``(2) The National Park Service.
``(3) The United States Fish and Wildlife Service.
``(4) The Office of Insular Affairs.
``SEC. 204. NATIONAL CORAL REEF RESILIENCE STRATEGY.
``(a) In General.--The Administrator shall--
``(1) not later than 2 years after the date of the enactment of the
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023,
develop a national coral reef resilience strategy; and
``(2) review and revise the strategy--
``(A) not less frequently than once every 15 years;
``(B) not less frequently than once every 5 years, in the
case of guidance on best practices under subsection (b)(4); and
``(C) as appropriate.
``(b) Elements.--The strategy required by subsection (a) shall include the
following:
``(1) A discussion addressing--
``(A) continuing and emerging threats to the resilience of
United States coral reef ecosystems;
``(B) remaining gaps in coral reef ecosystem research,
monitoring, and assessment;
``(C) the status of management cooperation and integration
among Federal reef managers and covered reef managers;
``(D) the status of efforts to manage and disseminate
critical information, and enhance interjurisdictional data
sharing, related to research, reports, data sets, and maps;
``(E) areas of special focus, which may include--
``(i) improving natural coral recruitment;
``(ii) preventing avoidable losses of corals and
their habitat;
``(iii) enhancing the resilience of coral
populations;
``(iv) supporting a resilience-based management
approach;
``(v) developing, coordinating, and implementing
watershed management plans;
``(vi) building and sustaining watershed management
capacity at the local level;
``(vii) providing data essential for coral reef
fisheries management;
``(viii) building capacity for coral reef fisheries
management;
``(ix) increasing understanding of coral reef
ecosystem services;
``(x) educating the public on the importance of
coral reefs, threats and solutions; and
``(xi) evaluating intervention efficacy;
``(F) the status of conservation efforts, including the use
of marine protected areas to serve as replenishment zones
developed consistent with local practices and traditions and in
cooperation with, and with respect for the scientific,
technical, and management expertise and responsibilities of,
covered reef managers;
``(G) science-based adaptive management and restoration
efforts; and
``(H) management of coral reef emergencies and disasters.
``(2) A statement of national goals and objectives designed to
guide--
``(A) future Federal coral reef management and restoration
activities authorized under section 203;
``(B) conservation and restoration priorities for grants
awarded under section 211; and
``(C) research priorities for the reef research coordination
institutes designated under section 213(b)(1)(B).
``(3) A designation of priority areas for conservation, and priority
areas for restoration, to support the review and approval of grants
under section 211(e).
``(4) Technical assistance in the form of general templates for use
by covered reef managers and Federal reef managers to guide the
development of coral reef action plans under section 205, including
guidance on the best science-based practices to respond to coral reef
emergencies that can be included in coral reef action plans.
``(c) Consultations.--In developing all elements of the strategy required by
subsection (a), the Administrator shall--
``(1) consult with the Secretary of the Interior, the Task Force,
covered States, and covered Native entities;
``(2) consult with the Secretary of Defense, as appropriate;
``(3) engage stakeholders, including covered States, coral reef
stewardship partnerships, reef research institutes and research centers
described in section 213, and recipients of grants under section 211;
and
``(4) solicit public review and comment regarding scoping and the
draft strategy.
``(d) Submission to Congress; Publication.--The Administrator shall--
``(1) submit the strategy required by subsection (a) and any
revisions to the strategy to the appropriate congressional committees;
and
``(2) publish the strategy and any such revisions on public websites
of--
``(A) the Coral Reef Conservation Program of the National
Oceanic and Atmospheric Administration; and
``(B) the Task Force.
``SEC. 205. CORAL REEF ACTION PLANS.
``(a) Plans Prepared by Federal Reef Managers.--
``(1) In general.--Not later than 3 years after the date of the
enactment of the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 and 2 years after the date of publication of each
National Coral Reef Resilience Strategy, each Federal reef manager
shall--
``(A) prepare a coral reef action plan to guide management
and restoration activities to be undertaken within the
responsibilities and jurisdiction of the manager; or
``(B) in the case of a reef under the jurisdiction of a
Federal reef manager for which there is an action plan in effect
as of such date of enactment, update that plan to comply with
the requirements of this subsection.
``(2) Elements.--A plan prepared under paragraph (1) by a Federal
reef manager shall include a discussion of the following:
``(A) Short- and medium-term coral reef conservation and
restoration objectives within the jurisdiction of the manager.
``(B) A current adaptive management framework to inform
research, monitoring, and assessment needs.
``(C) Tools, strategies, and partnerships necessary to
identify, monitor, and address pollution, water quality, and
other negative impacts to coral reef ecosystems within the
jurisdiction of the manager.
``(D) The status of efforts to improve coral reef ecosystem
management cooperation and integration between Federal reef
managers and covered reef managers, including the identification
of existing research and monitoring activities that can be
leveraged for coral reef status and trends assessments within
the jurisdiction of the manager.
``(E) Estimated budgetary and resource considerations
necessary to carry out the plan.
``(F) Contingencies for response to and recovery from
emergencies and disasters.
``(G) In the case of an updated plan, annual records of
significant management and restoration actions taken under the
previous plan, cash and noncash resources used to undertake the
actions, and the source of such resources.
``(H) Documentation by the Federal reef manager that the
plan is consistent with the National Coral Reef Resilience
Strategy.
``(I) A data management plan to ensure data, assessments,
and accompanying information are appropriately preserved,
curated, publicly accessible, and broadly reusable.
``(3) Submission to task force.--Each Federal reef manager shall
submit a plan prepared under paragraph (1) to the Task Force.
``(4) Application of administrative procedure act.--Each plan
prepared under paragraph (1) shall be subject to the requirements of
subchapter II of chapter 5, and chapter 7, of title 5, United States
Code (commonly known as the `Administrative Procedure Act').
``(b) Plans Prepared by Covered Reef Managers.--
``(1) In general.--A covered reef manager may elect to prepare,
submit to the Task Force, and maintain a coral reef action plan to guide
management and restoration activities to be undertaken within the
responsibilities and jurisdiction of the manager.
``(2) Effective period.--A plan prepared under this subsection shall
remain in effect for 5 years, or until an updated plan is submitted to
the Task Force, whichever occurs first.
``(3) Elements.--A plan prepared under paragraph (1) by a covered
reef manager--
``(A) shall contain a discussion of--
``(i) short- and medium-term coral reef conservation
and restoration objectives within the jurisdiction of
the manager;
``(ii) estimated budgetary and resource
considerations necessary to carry out the plan;
``(iii) in the case of an updated plan, annual
records of significant management and restoration
actions taken under the previous plan, cash and noncash
resources used to undertake the actions, and the source
of such resources; and
``(iv) contingencies for response to and recovery
from emergencies and disasters; and
``(B) may contain a discussion of--
``(i) the status of efforts to improve coral reef
ecosystem management cooperation and integration between
Federal reef managers and covered reef managers,
including the identification of existing research and
monitoring activities that can be leveraged for coral
reef status and trends assessments within the
jurisdiction of the manager;
``(ii) a current adaptive management framework to
inform research, monitoring, and assessment needs;
``(iii) tools, strategies, and partnerships
necessary to identify, monitor, and address pollution
and water quality impacts to coral reef ecosystems
within the jurisdiction of the manager; and
``(iv) a data management plan to ensure data,
assessments, and accompanying information are
appropriately preserved, curated, publicly accessible,
and broadly reusable.
``(c) Technical Assistance.--The Administrator and the Task Force shall make
reasonable efforts to provide technical assistance upon request by a Federal
reef manager or covered reef manager developing a coral reef action plan under
this section.
``(d) Publication.--The Administrator shall publish each coral reef action
plan prepared and submitted to the Task Force under this section on the public
website of the Coral Reef Conservation Program of the National Oceanic and
Atmospheric Administration.
``SEC. 206. CORAL REEF STEWARDSHIP PARTNERSHIPS.
``(a) In General.--To further community-based stewardship of coral reefs,
coral reef stewardship partnerships for Federal and non-Federal coral reefs may
be established in accordance with this section.
``(b) Standards and Procedures.--The Administrator shall develop and adopt--
``(1) standards for identifying individual coral reefs and
ecologically significant units of coral reefs; and
``(2) processes for adjudicating multiple applicants for stewardship
of the same coral reef or ecologically significant unit of a reef to
ensure no geographic overlap in representation among stewardship
partnerships authorized by this section.
``(c) Membership for Federal Coral Reefs.--A coral reef stewardship
partnership that has identified, as the subject of its stewardship activities, a
coral reef or ecologically significant unit of a coral reef that is fully or
partially under the management jurisdiction of any Federal agency specified in
section 203(c) shall, at a minimum, include the following:
``(1) That Federal agency, a representative of which shall serve as
chairperson of the coral reef stewardship partnership.
``(2) A State or county's resource management agency to the extent
that such partnership covers a reef within such States or county's
jurisdiction.
``(3) A coral reef research center designated under section 212(b).
``(4) A nongovernmental organization.
``(5) A covered Native entity culturally affiliated with the subject
reef or ecologically significant unit, if any.
``(6) Such other members as the partnership considers appropriate,
such as interested stakeholder groups and covered Native entities.
``(d) Membership for Non-Federal Coral Reefs.--
``(1) In general.--A coral reef stewardship partnership that has
identified, as the subject of its stewardship activities, a coral reef
or ecologically significant component of a coral reef that is not under
the management jurisdiction of any Federal agency specified in section
203(c) shall, at a minimum, include the following:
``(A) A State or county's resource management agency or a
covered Native entity, a representative of which shall serve as
the chairperson of the coral reef stewardship partnership.
``(B) A coral reef research center designated under section
212(b).
``(C) A nongovernmental organization.
``(D) Such other members as the partnership considers
appropriate, such as interested stakeholder groups.
``(2) Additional members.--
``(A) In general.--Subject to subparagraph (B), a coral reef
stewardship partnership described in paragraph (1) may also
include representatives of one or more Federal agencies.
``(B) Requests; approval.--A representative of a Federal
agency described in subparagraph (A) may become a member of a
coral reef stewardship partnership described in paragraph (1)
if--
``(i) the representative submits a request to become
a member to the chairperson of the partnership referred
to in paragraph (1)(A); and
``(ii) the chairperson consents to the request.
``(e) Nonapplicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to coral reef stewardship
partnerships under this section.
``SEC. 207. BLOCK GRANTS.
``(a) In General.--In each fiscal year beginning in fiscal year 2023 and
subject to the availability of appropriations, the Administrator shall provide
block grants of financial assistance of not less than $500,000 to each covered
State to support management and restoration activities and further the
implementation of coral reef action plans in effect under section 205 by covered
States and non-Federal coral reef stewardship partnerships in accordance with
this section. The Administrator shall review each covered State's application
for block grant funding to ensure that applications are consistent with
applicable action plans and the National Coral Reef Resilience Strategy.
``(b) Responsibilities of the Administrator.--The Administrator is
responsible for--
``(1) providing guidance on the proper documentation of expenditures
authorized under this Act;
``(2) issuing annual solicitations to covered States for awards
under this section; and
``(3) determining the appropriate allocation of additional amounts
among covered States in accordance with this section.
``(c) Responsibilities of Covered States.--Each covered State is responsible
for documenting and reporting--
``(1) such State's use of Federal funds received under this Act; and
``(2) such expenditures of non-Federal funds made in furtherance of
coral reef management and restoration as the Administrator determines
appropriate.
``(d) Cooperative Agreements.--Subject to the availability of
appropriations, the Administrator may seek to enter into a cooperative agreement
with a covered State to fund coral reef conservation and restoration activities
in waters managed under the jurisdiction of such covered State that are
consistent with the National Coral Reef Resilience Strategy and any applicable
action plan under section 205.
``(e) All Islands Committee.--The Administrator may enter into a cooperative
agreement with the All Islands Committee of the Task Force to provide support
for its activities.
``SEC. 208. CORAL REEF STEWARDSHIP FUND.
``(a) Agreement.--The Administrator shall seek to enter into an agreement
with the National Fish and Wildlife Foundation (in this section referred to as
the `Foundation'), authorizing the Foundation to receive, hold, and administer
funds received under this section.
``(b) Fund.--
``(1) In general.--The Foundation shall establish an account, which
shall--
``(A) be known as the `Coral Reef Stewardship Fund' (in this
section referred to as the `Fund'); and
``(B) serve as the successor to the account known before the
date of the enactment of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 as the Coral Reef
Conservation Fund and administered through a public-private
partnership with the Foundation.
``(2) Deposits.--The Foundation shall deposit funds received under
this section into the Fund.
``(3) Purposes.--The Fund shall be available solely to support coral
reef stewardship activities that--
``(A) further the purposes of this title; and
``(B) are consistent with--
``(i) the National Coral Reef Resilience Strategy;
and
``(ii) coral reef action plans in effect, if any,
under section 205 covering a coral reef or ecologically
significant component of a coral reef to be impacted by
such activities, if applicable.
``(4) Investment of amounts.--
``(A) Investment of amounts.--The Foundation shall invest
such portion of the Fund as is not required to meet current
withdrawals in interest-bearing obligations of the United States
or in obligations guaranteed as to both principal and interest
by the United States.
``(B) Interest and proceeds.--The interest on, and the
proceeds from the sale or redemption of, any obligations held in
the Fund shall be credited to and form a part of the Fund.
``(5) Review of performance.--The Administrator shall conduct a
continuing review of all deposits into, and disbursements from, the
Fund. Each review shall include a written assessment concerning the
extent to which the Foundation has implemented the goals and
requirements of--
``(A) this section; and
``(B) the National Coral Reef Resilience Strategy.
``(c) Authorization To Solicit Donations.--
``(1) In general.--Pursuant to an agreement entered into under
subsection (a), the Foundation may accept, receive, solicit, hold,
administer, and use any gift (including, notwithstanding section 1342 of
title 31, United States Code, donations of services) to further the
purposes of this title.
``(2) Deposits in fund.--Notwithstanding section 3302 of title 31,
United States Code, any funds received as a gift shall be deposited and
maintained in the Fund.
``(d) Administration.--Under an agreement entered into pursuant to
subsection (a), and subject to the availability of appropriations, the
Administrator may transfer funds appropriated for such purposes to carry out
this title to the Foundation. Amounts received by the Foundation under this
subsection may be used for matching, in whole or in part, contributions (whether
in money, services, or property) made to the Foundation by private persons,
State or local government agencies, or covered Native entities.
``SEC. 209. EMERGENCY ASSISTANCE.
``(a) In General.--Notwithstanding any other provision of law, from funds
appropriated pursuant to the authorization of appropriations under section 215,
the Administrator may provide emergency assistance to any covered State or coral
reef stewardship partnership to respond to immediate harm to coral reefs or
coral reef ecosystems arising from any of the exigent circumstances described in
subsection (b).
``(b) Coral Reef Exigent Circumstances.--The Administrator shall develop a
list of, and criteria for, circumstances that pose an exigent threat to coral
reefs, including--
``(1) new and ongoing outbreaks of disease;
``(2) new and ongoing outbreaks of invasive or nuisance species;
``(3) new and ongoing coral bleaching events;
``(4) natural disasters;
``(5) industrial or mechanical incidents, such as vessel groundings,
hazardous spills, or coastal construction accidents; and
``(6) such other circumstances as the Administrator determines
appropriate.
``(c) Annual Report on Exigent Circumstances.--On February 1 of each year,
the Administrator shall submit to the appropriate congressional committees, the
Committee on Appropriations of the Senate, and the Committee on Appropriations
of the House of Representatives a report that--
``(1) describes locations with exigent circumstances described in
subsection (b) that were considered but declined for emergency
assistance, and the rationale for the decision; and
``(2) with respect to each instance in which emergency assistance
under this section was provided--
``(A) the location and a description of the exigent
circumstances that prompted the emergency assistance, the entity
that received the assistance, and the current and expected
outcomes from the assistance;
``(B) a description of activities of the National Oceanic
and Atmospheric Administration that were curtailed as a result
of providing the emergency assistance; and
``(C) an assessment of whether further action is needed to
restore the affected coral reef, recommendations for such
restoration, and a cost estimate to implement such
recommendations.
``SEC. 210. CORAL REEF DISASTER FUND.
``(a) Agreements.--The Administrator shall seek to enter into an agreement
with the National Fish and Wildlife Foundation (in this section referred to as
the `Foundation'), authorizing the Foundation to receive, hold, and administer
funds received under this section.
``(b) Fund.--
``(1) In general.--The Foundation shall establish an account, to be
known as the `Coral Reef Disaster Fund' (in this section referred to as
the `Fund').
``(2) Deposits.--The Foundation shall deposit funds received under
this section into the Fund.
``(3) Purposes.--The Fund shall be available solely to support the
long-term recovery of coral reefs from exigent circumstances described
in section 209(b)--
``(A) in partnership with non-Federal stakeholders; and
``(B) in a manner that is consistent with--
``(i) the National Coral Reef Resilience Strategy;
and
``(ii) coral reef action plans in effect, if any,
under section 205.
``(4) Investment of amounts.--
``(A) Investment of amounts.--The Foundation shall invest
such portion of the Fund as is not required to meet current
withdrawals in interest-bearing obligations of the United States
or in obligations guaranteed as to both principal and interest
by the United States.
``(B) Interest and proceeds.--The interest on, and the
proceeds from, the sale or redemption of, any obligations held
in the Fund shall be credited to and form a part of the Fund.
``(5) Review of performance.--The Administrator shall conduct
continuing reviews of all deposits into, and disbursements from, the
Fund. Each such review shall include a written assessment concerning the
extent to which the Foundation has implemented the goals and
requirements of this section.
``(c) Authorization To Solicit Donations.--
``(1) In general.--Pursuant to an agreement entered into under
subsection (a), the Foundation may accept, receive, solicit, hold,
administer, and use any gift (including, notwithstanding section 1342 of
title 31, United States Code, donations of services) to further the
purposes of this title.
``(2) Deposits in fund.--Notwithstanding section 3302 of title 31,
United States Code, any funds received as a gift shall be deposited and
maintained in the Fund.
``SEC. 211. RUTH D. GATES CORAL REEF CONSERVATION GRANT PROGRAM.
``(a) In General.--Subject to the availability of appropriations, the
Administrator shall establish a program (to be known as the `Ruth D. Gates Coral
Reef Conservation Grant Program') to provide grants for projects for the
conservation and restoration of coral reef ecosystems (in this section referred
to as `coral reef projects') pursuant to proposals approved by the Administrator
in accordance with this section.
``(b) Matching Requirements for Grants.--
``(1) In general.--Except as provided in paragraph (3), Federal
funds for any coral reef project for which a grant is provided under
subsection (a) may not exceed 50 percent of the total cost of the
project.
``(2) Non-federal share.--The non-Federal share of the cost of a
coral reef project may be provided by in-kind contributions and other
noncash support.
``(3) Waiver.--The Administrator may waive all or part of the
matching requirement under paragraph (1) if the Administrator determines
that no reasonable means are available through which an applicant can
meet the matching requirement with respect to a coral reef project and
the probable benefit of the project outweighs the public interest in the
matching requirement.
``(c) Eligibility.--
``(1) In general.--An entity described in paragraph (2) may submit
to the Administrator a proposal for a coral reef project.
``(2) Entities described.--An entity described in this paragraph
is--
``(A) a covered reef manager or a covered Native entity;
``(B) a regional fishery management council established
under the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.);
``(C) a coral reef stewardship partnership seeking to
implement a coral reef action plan in effect under section 205;
``(D) a coral reef research center designated under section
212(b); or
``(E) a nongovernmental organization or research institution
with demonstrated expertise in the conservation or restoration
of coral reefs in practice or through significant contributions
to the body of existing scientific research on coral reefs.
``(d) Project Proposals.--Each proposal for a grant under this section for a
coral reef project shall include the following:
``(1) The name of the individual or entity responsible for
conducting the project.
``(2) A description of the qualifications of the individual or
entity.
``(3) A succinct statement of the purposes of the project.
``(4) An estimate of the funds and time required to complete the
project.
``(5) Evidence of support for the project by appropriate
representatives of States or other government jurisdictions in which the
project will be conducted.
``(6) Information regarding the source and amount of matching
funding available to the applicant.
``(7) A description of how the project meets one or more of the
criteria under subsection (e)(2).
``(8) In the case of a proposal submitted by a coral reef
stewardship partnership, a description of how the project aligns with
the applicable coral reef action plan in effect under section 205.
``(9) Any other information the Administrator considers to be
necessary for evaluating the eligibility of the project for a grant
under this subsection.
``(e) Project Review and Approval.--
``(1) In general.--The Administrator shall review each coral reef
project proposal submitted under this section to determine if the
project meets the criteria set forth in subsection (f).
``(2) Prioritization of conservation projects.--The Administrator
shall prioritize the awarding of funding for projects that meet the
criteria for approval described in--
``(A) subparagraphs (A) through (G) of subsection (f)(2)
that are proposed to be conducted within priority areas
identified for coral reef conservation by the Administrator
under the National Coral Reef Resilience Strategy; and
``(B) subparagraphs (E) through (L) of subsection (f)(2)
that are proposed to be conducted within priority areas
identified for coral reef restoration by the Administrator under
the National Coral Reef Resilience Strategy.
``(3) Review; approval or disapproval.--Not later than 180 days
after receiving a proposal for a coral reef project under this section,
the Administrator shall--
``(A) request and consider written comments on the proposal
from each Federal agency, State government, covered Native
entity, or other government jurisdiction, including the relevant
regional fishery management councils established under the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.), or any National Marine Sanctuary or Marine
National Monument, with jurisdiction or management authority
over coral reef ecosystems in the area where the project is to
be conducted, including the extent to which the project is
consistent with locally established priorities, unless such
entities were directly involved in the development of the
project proposal;
``(B) provide for the merit-based peer review of the
proposal and require standardized documentation of that peer
review;
``(C) after considering any written comments and
recommendations based on the reviews under subparagraphs (A) and
(B), approve or disapprove the proposal; and
``(D) provide written notification of that approval or
disapproval, with summaries of all written comments,
recommendations, and peer reviews, to the entity that submitted
the proposal, and each of those States, covered Native entity,
and other government jurisdictions that provided comments under
subparagraph (A).
``(f) Criteria for Approval.--The Administrator may not approve a proposal
for a coral reef project under this section unless the project--
``(1) is consistent with--
``(A) the National Coral Reef Resilience Strategy; and
``(B) any Federal or non-Federal coral reef action plans in
effect under section 205 covering a coral reef or ecologically
significant unit of a coral reef to be affected by the project;
and
``(2) will enhance the conservation and restoration of coral reefs
by--
``(A) addressing conflicts arising from the use of
environments near coral reefs or from the use of corals, species
associated with coral reefs, and coral products, including
supporting consensus-driven and community-based planning and
management initiatives for the protection of coral reef
ecosystems;
``(B) improving compliance with laws that prohibit or
regulate the taking of coral products or species associated with
coral reefs or regulate the use and management of coral reef
ecosystems;
``(C) designing and implementing networks of real-time water
quality monitoring along coral reefs, including data collection
related to turbidity, nutrient availability, harmful algal
blooms, and plankton assemblages, with an emphasis on coral
reefs impacted by agriculture and urban development;
``(D) promoting ecologically sound navigation and
anchorages, including mooring buoy systems to promote enhanced
recreational access, near coral reefs;
``(E) furthering the goals and objectives of coral reef
action plans in effect under section 205;
``(F) mapping the location and distribution of coral reefs
and potential coral reef habitat;
``(G) stimulating innovation to advance the ability of the
United States to understand, research, or monitor coral reef
ecosystems, or to develop management or adaptation options to
conserve and restore coral reef ecosystems;
``(H) implementing research to ensure the population
viability of coral species in United States waters listed as
threatened or endangered under the Endangered Species Act of
1973 as detailed in the population-based recovery criteria
included in species-specific recovery plans established under
such Act;
``(I) developing and implementing cost-effective methods to
restore degraded coral reef ecosystems or to create
geographically appropriate coral reef ecosystems in suitable
waters, including by improving habitat or promoting success of
keystone species, with an emphasis on novel restoration
strategies and techniques to advance coral reef recovery and
growth near population centers threatened by rising sea levels
and storm surge;
``(J) translating and applying coral genetics research to
coral reef ecosystem restoration, including research related to
traits that promote resilience to increasing ocean temperatures,
changing ocean chemistry, coral bleaching, coral diseases, and
invasive species;
``(K) developing and maintaining in situ native coral
propagation sites; or
``(L) developing and maintaining ex situ coral propagation
nurseries and land-based coral gene banks to--
``(i) conserve or augment genetic diversity of
native coral populations;
``(ii) support captive breeding of rare coral
species; or
``(iii) enhance resilience of native coral
populations to increasing ocean temperatures, changing
ocean chemistry, coral bleaching, and coral diseases
through selective breeding, conditioning, or other
approaches that target genes, gene expression,
phenotypic traits, or phenotypic plasticity.
``(g) Funding Requirements.--To the extent practicable based upon proposals
for coral reef projects submitted to the Administrator, the Administrator shall
ensure that funding for grants awarded under this section during a fiscal year
is distributed as follows:
``(1) Not less than 40 percent of funds available shall be awarded
for projects in areas of the Pacific Ocean subject to the jurisdiction
or control of the United States.
``(2) Not less than 40 percent of the funds available shall be
awarded for projects in areas of the Atlantic Ocean, the Gulf of Mexico,
or the Caribbean Sea subject to the jurisdiction or control of the
United States.
``(3) To the extent there are viable applications made by eligible
coral reef stewardship partners, not more than 67 percent of funds
distributed in each region in accordance with paragraphs (1) and (2) may
be made exclusively available to projects that are--
``(A) submitted by a coral reef stewardship partnership; and
``(B) consistent with the coral reef action plan in effect
under section 205 by such a partnership.
``(4) Of the funds distributed to support projects in accordance
with paragraph (3), not less than 20 percent and not more than 33
percent shall be awarded for projects submitted by a Federal coral reef
stewardship partnership, to the extent there are viable applications
made by eligible Federal coral reef stewardship partnerships.
``(h) Task Force.--The Administrator may consult with the Secretary of the
Interior and the Task Force to obtain guidance in establishing priorities and
evaluating proposals for coral reef projects under this section.
``SEC. 212. CORAL REEF RESEARCH.
``(a) Reef Research Coordination Institutes.--
``(1) Establishment.--The Administrator shall designate 2 reef
research coordination institutes for the purpose of advancing and
sustaining essential capabilities in coral reef research, one each in
the Atlantic and Pacific basins, to be known as the `Atlantic Reef
Research Coordination Institute' and the `Pacific Reef Research
Coordination Institute', respectively.
``(2) Membership.--Each institute designated under paragraph (1)
shall be housed within a single coral reef research center designated by
the Administrator under subsection (b).
``(3) Functions.--The institutes designated under paragraph (1)
shall--
``(A) conduct federally directed research to fill national
and regional coral reef ecosystem research gaps and improve
understanding of, and responses to, continuing and emerging
threats to the resilience of United States coral reef ecosystems
consistent with the National Coral Reef Resilience Strategy;
``(B) support ecological research and monitoring to study
the effects of conservation and restoration activities funded by
this title on promoting more effective coral reef management and
restoration; and
``(C) through agreements--
``(i) collaborate directly with States, covered
Native entities, covered coral reef managers, nonprofit
organizations, and other coral reef research centers
designated under subsection (b);
``(ii) assist in the development and implementation
of--
``(I) the National Coral Reef Resilience
Strategy; and
``(II) coral reef action plans under section
205;
``(iii) build capacity within non-Federal
governmental resource management agencies to establish
research priorities and translate and apply research
findings to management and restoration practices; and
``(iv) conduct public education and awareness
programs for policymakers, resource managers, and the
general public on--
``(I) coral reefs and coral reef ecosystems;
``(II) best practices for coral reef
ecosystem management and restoration;
``(III) the value of coral reefs; and
``(IV) the threats to the sustainability of
coral reef ecosystems.
``(b) Coral Reef Research Centers.--
``(1) In general.--The Administrator shall--
``(A) periodically solicit applications for designation of
qualifying institutions in covered States as coral reef research
centers; and
``(B) designate all qualifying institutions in covered
States as coral reef research centers.
``(2) Qualifying institutions.--For purposes of paragraph (1), an
institution is a qualifying institution if the Administrator determines
that the institution--
``(A) is operated by an institution of higher education or
nonprofit marine research organization;
``(B) has established management-driven national or regional
coral reef research or restoration programs;
``(C) has demonstrated abilities to coordinate closely with
appropriate Federal and State agencies, and other academic and
nonprofit organizations; and
``(D) maintains significant local community engagement and
outreach programs related to coral reef ecosystems.
``SEC. 213. CORAL REEF PRIZE COMPETITIONS.
``(a) In General.--Subject to the availability of appropriations, the head
of any Federal agency with a representative serving on the United States Coral
Reef Task Force established by section 10011 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023, may, individually or in
cooperation with one or more agencies, carry out a program to award prizes
competitively under section 24 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3719).
``(b) Purposes.--Any program carried out under this section shall be for the
purpose of stimulating innovation to advance the ability of the United States to
understand, research, or monitor coral reef ecosystems, or to develop management
or adaptation options to preserve, sustain, and restore coral reef ecosystems.
``(c) Priority Programs.--Priority shall be given to establishing programs
under this section that address communities, environments, or industries that
are in distress as a result of the decline or degradation of coral reef
ecosystems, including--
``(1) scientific research and monitoring that furthers the
understanding of causes behind coral reef decline and degradation and
the generally slow recovery following disturbances, including changing
ocean chemistry, temperature-related bleaching, disease, and their
associated impacts on coral physiology;
``(2) the development of monitoring or management options for
communities or industries that are experiencing significant financial
hardship;
``(3) the development of adaptation options to alleviate economic
harm and job loss caused by damage to coral reef ecosystems;
``(4) the development of measures to help vulnerable communities or
industries, with an emphasis on rural communities and businesses; and
``(5) the development of adaptation and management options for
impacted tourism industries.
``SEC. 214. REPORTS ON ADMINISTRATION.
``(a) In General.--Not later than 2 years after the date of the enactment of
the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and
every 2 years thereafter, the Administrator shall submit to the committees
specified in subsection (b) a report on the administration of this title during
the 2-year period preceding submission of the report, including--
``(1) a description of all activities undertaken to implement the
National Coral Reef Resilience Strategy;
``(2) a statement of all funds obligated under the authorities of
this title; and
``(3) a summary, disaggregated by State, of Federal and non-Federal
contributions toward the costs of each project or activity funded, in
full or in part, under this title.
``(b) Committees Specified.--The committees specified in this subsection
are--
``(1) the Committee on Commerce, Science, and Transportation,
Committee on Environment and Public Works, Committee on Energy and
Natural Resources, and the Committee on Appropriations of the Senate;
and
``(2) the Committee on Natural Resources and the Committee on
Appropriations of the House of Representatives.
``SEC. 215. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to the
Administrator $45,000,000 for each of fiscal years 2023 through 2027 to carry
out this title which shall remain available until expended. Of such amounts,
there is authorized to be appropriated for each such fiscal year--
``(1) $12,000,000 to carry out section 207;
``(2) $3,500,000 for activities authorized under section 211; and
``(3) $4,500,000 to be provided to the cooperative institutes
designated under section 212(a) to carry out the functions described in
such section.
``(b) Administration.--Not more than 10 percent of the amounts appropriated
under subsection (a) may be used for program administration or overhead costs
incurred by the National Oceanic and Atmospheric Administration or the
Department of Commerce.
``SEC. 216. DEFINITIONS.
``In this title:
``(1) Administrator.--The term `Administrator' means the
Administrator of the National Oceanic and Atmospheric Administration.
``(2) Alaska native corporation.--The term `Alaska Native
Corporation' has the meaning given the term `Native Corporation' in
section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
``(3) Appropriate congressional committees.--The term `appropriate
congressional committees' means the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Natural Resources of
the House of Representatives.
``(4) Conservation.--The term `conservation' means the use of
methods and procedures necessary to preserve or sustain native corals
and associated species as diverse, viable, and self-perpetuating coral
reef ecosystems with minimal impacts from invasive species, including--
``(A) all activities associated with resource management,
such as monitoring, assessment, protection, restoration,
sustainable use, management of habitat, and maintenance or
augmentation of genetic diversity;
``(B) mapping;
``(C) scientific expertise and technical assistance in the
development and implementation of management strategies for
marine protected areas and marine resources required by Federal
law;
``(D) law enforcement;
``(E) conflict resolution initiatives;
``(F) community outreach and education; and
``(G) promotion of safe and ecologically sound navigation
and anchoring.
``(5) Coral.--The term `coral' means species of the phylum Cnidaria,
including--
``(A) all species of the orders Antipatharia (black corals),
Scleractinia (stony corals), Alcyonacea (soft corals, organ pipe
corals, gorgonians), and Helioporacea (blue coral), of the class
Anthozoa; and
``(B) all species of the order Anthoathecata (fire corals
and other hydrocorals) of the class Hydrozoa.
``(6) Coral products.--The term `coral products' means any living or
dead specimens, parts, or derivatives, or any product containing
specimens, parts, or derivatives, of any species of coral.
``(7) Coral reef.--The term `coral reef' means calcium carbonate
structures in the form of a reef or shoal, composed in whole or in part
by living coral, skeletal remains of coral, crustose coralline algae,
and other associated sessile marine plants and animals.
``(8) Coral reef ecosystem.--The term `coral reef ecosystem' means--
``(A) corals and other geographically and ecologically
associated marine communities of other reef organisms (including
reef plants and animals) associated with coral reef habitat; and
``(B) the biotic and abiotic factors and processes that
control or significantly affect coral calcification rates,
tissue growth, reproduction, recruitment, abundance, coral-algal
symbiosis, and biodiversity in such habitat.
``(9) Coral reef ecosystem services.--The term `coral reef ecosystem
services' means the attributes and benefits provided by coral reef
ecosystems including--
``(A) protection of coastal beaches, structures, and
infrastructure;
``(B) habitat for organisms of economic, ecological,
biomedical, medicinal, and cultural value;
``(C) serving as centers for the promulgation, performance,
and training of cultural practices representative of traditional
ecological knowledge; and
``(D) aesthetic value.
``(10) Covered native entity.--The term `covered Native entity'
means a Native entity with interests in a coral reef ecosystem.
``(11) Covered reef manager.--The term `covered reef manager'
means--
``(A) a management unit of a covered State with jurisdiction
over a coral reef ecosystem;
``(B) a covered State; or
``(C) a coral reef stewardship partnership under section
206.
``(12) Covered state.--The term `covered State' means Florida,
Hawaii, and the territories of American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, Puerto Rico, and the United States
Virgin Islands.
``(13) Federal reef manager.--
``(A) In general.--The term `Federal reef manager' means--
``(i) a management unit of a Federal agency
specified in subparagraph (B) with lead management
jurisdiction over a coral reef ecosystem; or
``(ii) a coral reef stewardship partnership under
section 206(c).
``(B) Federal agencies specified.--A Federal agency
specified in this subparagraph is one of the following:
``(i) The National Oceanic and Atmospheric
Administration.
``(ii) The National Park Service.
``(iii) The United States Fish and Wildlife Service.
``(iv) The Office of Insular Affairs.
``(14) Institution of higher education.--The term `institution of
higher education' has the meaning given that term in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001).
``(15) Interested stakeholder groups.--The term `interested
stakeholder groups' means any of the following with interest in an
applicable coral reef or ecologically significant unit of a coral reef:
``(A) A business.
``(B) A commercial or recreational fisherman.
``(C) A recreationalist.
``(D) A Federal, State, Tribal, or local government unit
with related jurisdiction.
``(E) An institution of higher education (as such term is
defined in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
``(F) A nongovernmental organization.
``(16) National coral reef resilience strategy.--The term `National
Coral Reef Resilience Strategy' means the National Coral Reef Resilience
Strategy in effect under section 204.
``(17) Native entity.--The term `Native entity' means any of the
following:
``(A) An Indian Tribe (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304)).
``(B) An Alaska Native Corporation.
``(C) The Department of Hawaiian Home Lands.
``(D) The Office of Hawaiian Affairs.
``(E) A Native Hawaiian organization (as defined in section
6207 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7517)).
``(18) Nonprofit organization.--The term `nonprofit organization'
means any corporation, trust, association, cooperative, or other
organization, not including an institution of higher education, that--
``(A) is operated primarily for scientific, educational,
service, charitable, or similar purposes in the public interest;
``(B) is not organized primarily for profit; and
``(C) uses net proceeds to maintain, improve, or expand the
operations of the organization.
``(19) Restoration.--The term `restoration' means the use of methods
and procedures necessary to enhance, rehabilitate, recreate, or create a
functioning coral reef or coral reef ecosystem, in whole or in part,
within suitable waters of the historical geographic range of such
ecosystems, to provide ecological, economic, cultural, or coastal
resiliency services associated with healthy coral reefs and benefit
native populations of coral reef organisms.
``(20) Resilience.--The term `resilience' means the capacity for
corals within their native range, coral reefs, or coral reef ecosystems
to resist and recover from natural and human disturbances, and maintain
structure and function to provide coral reef ecosystem services, as
determined by clearly identifiable, measurable, and science-based
standards.
``(21) Secretary.--The term `Secretary' means the Secretary of
Commerce.
``(22) State.--The term `State' means--
``(A) any State of the United States that contains a coral
reef ecosystem within its seaward boundaries;
``(B) American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, Puerto Rico, or the United States Virgin
Islands; or
``(C) any other territory or possession of the United States
or separate sovereign in free association with the United States
that contains a coral reef ecosystem within its seaward
boundaries.
``(23) Stewardship.--The term `stewardship', with respect to a coral
reef, includes conservation, restoration, and public outreach and
education.
``(24) Task force.--The term `Task Force' means the United States
Coral Reef Task Force established under section 10011 of the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023.''.
(b) Conforming Amendment to National Oceans and Coastal Security Act.--
Section 905(a) of the National Oceans and Coastal Security Act (16 U.S.C.
7504(a)) is amended by striking ``and coastal infrastructure'' and inserting ``,
coastal infrastructure, and ecosystem services provided by natural systems such
as coral reefs''.
(c) Comptroller General Review of Coral Reef Conservation Programs at the
National Oceanic and Atmospheric Administration.--The Comptroller General of the
United States shall, not later than 1 year after the date of the enactment of
this Act, submit to Congress and the National Oceanic and Atmospheric
Administration a report that--
(1) examines the budget and accounting practices of the coral reef
conservation programs of such Administration, including expenditure
tracking across line and program offices;
(2) examines the process for determining appropriate project goals
and funding priorities; and
(3) includes recommendations on policies or best practices that may
improve the transparency and accountability of coral reef conservation
programs.
(d) Savings Clause.--None of the amendments made by or provisions of this
title may be construed to enlarge the management authority of a Federal agency
or coral reef stewardship partnership to coral reefs and coral reef ecosystems
outside the boundaries of such agency's or partnership's jurisdiction.
Subtitle B--United States Coral Reef Task Force
SEC. 10011. ESTABLISHMENT.
There is established a task force to lead, coordinate, and strengthen
Federal Government actions to better preserve, conserve, and restore coral reef
ecosystems, to be known as the ``United States Coral Reef Task Force'' (in this
subtitle referred to as the ``Task Force'').
SEC. 10012. DUTIES.
The duties of the Task Force shall be--
(1) to coordinate, in cooperation with covered States, covered
Native entities, Federal reef managers, covered reef managers, coral
reef research centers designated under section 212(b) of the Coral Reef
Conservation Act of 2000 (as added by this division), and other
nongovernmental and academic partners as appropriate, activities
regarding the mapping, monitoring, research, conservation, mitigation,
and restoration of coral reefs and coral reef ecosystems;
(2) to monitor and advise regarding implementation of the policy and
Federal agency responsibilities set forth in--
(A) Executive Order 13089 (63 Fed. Reg. 32701; relating to
coral reef protection); and
(B) the National Coral Reef Resilience Strategy;
(3) to work in coordination with the other members of the Task
Force--
(A) to assess the United States role in international trade
and protection of coral species;
(B) to encourage implementation of appropriate strategies
and actions to promote conservation and sustainable use of coral
reef resources worldwide; and
(C) to collaborate with international communities successful
in managing coral reefs;
(4) to provide technical assistance for the development and
implementation, as appropriate, of--
(A) the National Coral Reef Resilience Strategy; and
(B) coral reef action plans under section 205 of that Act;
and
(5) to produce a report each year, for submission to the appropriate
congressional committees and publication on the public website of the
Task Force, highlighting the status of the coral reef resources of a
covered State on a rotating basis, including--
(A) a summary of recent coral reef management and
restoration activities undertaken in that State; and
(B) updated estimates of the direct and indirect economic
activity supported by, and other benefits associated with, those
coral reef resources.
SEC. 10013. MEMBERSHIP.
(a) Voting Membership.--The voting members of the Task Force shall be--
(1) the Under Secretary of Commerce for Oceans and Atmosphere and
the Secretary of Interior, who shall be co-chairpersons of the Task
Force;
(2) such representatives from other Federal agencies as the
President, in consultation with the Under Secretary, determines
appropriate; and
(3) the Governor, or a representative of the Governor, of each
covered State.
(b) Nonvoting Members.--The Task Force shall have the following nonvoting
members:
(1) A member of the South Atlantic Fishery Management Council who is
designated by the Governor of Florida under section 302(b)(1) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1852(b)(1)).
(2) A member of the Gulf of Mexico Fishery Management Council who is
designated by the Governor of Florida under such section.
(3) A member of the Western Pacific Fishery Management Council who
is designated under such section and selected as follows:
(A) For the period beginning on the date of the enactment of
this Act and ending on December 31 of the calendar year during
which such date of enactment occurs, the member shall be
selected jointly by the Governors of Hawaii, American Samoa,
Guam, and the Commonwealth of the Northern Mariana Islands.
(B) For each calendar year thereafter, the Governors of
Hawaii, American Samoa, Guam, and the Commonwealth of the
Northern Mariana Islands shall, on a rotating basis, take turns
selecting the member.
(4) A member of the Caribbean Fishery Management Council who is
designated under such section and selected as follows:
(A) For the period beginning on the date of the enactment of
this Act and ending on December 31 of the calendar year during
which such date of enactment occurs, the member shall be
selected jointly by the Governors of Puerto Rico and the United
States Virgin Islands.
(B) For each calendar year thereafter, the Governors of
Puerto Rico and the United States Virgin Islands shall, on an
alternating basis, take turns selecting the member.
(5) A member appointed by the President of the Federated States of
Micronesia.
(6) A member appointed by the President of the Republic of the
Marshall Islands.
(7) A member appointed by the President of the Republic of Palau.
SEC. 10014. RESPONSIBILITIES OF FEDERAL AGENCY MEMBERS.
(a) In General.--A member of the Task Force described in section 10013(a)
shall--
(1) identify the actions of the agency that member represents that
may affect coral reef ecosystems;
(2) use the programs and authorities of that agency to protect and
enhance the conditions of such ecosystems, including through the
promotion of basic and applied scientific research;
(3) collaborate with the Task Force to appropriately reflect
budgetary needs for coral reef conservation and restoration activities
in all agency budget planning and justification documents and processes;
and
(4) engage in any other coordinated efforts approved by the Task
Force.
(b) Co-chairpersons.--In addition to their responsibilities under subsection
(a), the co-chairpersons of the Task Force shall perform the administrative
functions of the Task Force and facilitate the coordination of the members of
the Task Force described in section 10013(a).
(c) Briefing.--Not less than 30 days before each meeting of the Task Force,
the program offices of the National Oceanic and Atmospheric Administration
responsible for implementing this title shall provide a briefing to the relevant
congressional committees on efforts and spending associated with such
implementation.
SEC. 10015. WORKING GROUPS.
(a) In General.--The co-chairpersons of the Task Force may establish working
groups as necessary to meet the goals and carry out the duties of the Task
Force.
(b) Requests From Members.--The members of the Task Force may request that
the co-chairpersons establish a working group under subsection (a).
(c) Participation by Nongovernmental Organizations.--The co-chairpersons may
allow nongovernmental organizations as appropriate, including academic
institutions, conservation groups, and commercial and recreational fishing
associations, to participate in a working group established under subsection
(a).
(d) Nonapplicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to working groups
established under this section.
SEC. 10016. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term ``appropriate
congressional committees'' means--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Environment and Public Works of the
Senate;
(C) the Committee on Energy and Natural Resources of the
Senate; and
(D) the Committee on Natural Resources of the House of
Representatives.
(2) Conservation, coral, coral reef, etc.--The terms
``conservation'', ``coral'', ``coral reef'', ``coral reef ecosystem'',
``covered reef manager'', ``covered State'', ``Federal reef manager'',
``National Coral Reef Resilience Strategy'', ``restoration'',
``resilience'', and ``State'' have the meanings given those terms in
section 216 of the Coral Reef Conservation Act of 2000, as added by this
division.
Subtitle C--Department of the Interior Coral Reef Authorities
SEC. 10021. CORAL REEF CONSERVATION AND RESTORATION ASSISTANCE.
(a) In General.--The Secretary of the Interior may provide scientific
expertise and technical assistance, and subject to the availability of
appropriations, financial assistance for the conservation and restoration of
coral reefs consistent with all applicable laws governing resource management in
Federal, State, and Tribal waters, including--
(1) the National Coral Reef Resilience Strategy; and
(2) coral reef action plans in effect under section 205 of the Coral
Reef Conservation Act of 2000, as added by this division, as applicable.
(b) Coral Reef Initiative.--The Secretary may establish a Coral Reef
Initiative Program--
(1) to provide grant funding to support local management,
conservation, and protection of coral reef ecosystems in--
(A) coastal areas of covered States; and
(B) Freely Associated States;
(2) to enhance resource availability of National Park Service and
National Wildlife Refuge System management units to implement coral reef
conservation and restoration activities;
(3) to complement the other conservation and assistance activities
conducted under this Act or the Coral Reef Conservation Act of 2000, as
amended by section 10001; and
(4) to provide other technical, scientific, and financial assistance
and conduct conservation and restoration activities that advance the
purposes of this title and the Coral Reef Conservation Act of 2000, as
amended by this division.
(c) Consultation With the Department of Commerce.--
(1) Coral reef conservation and restoration activities.--The
Secretary of the Interior may consult with the Secretary of Commerce
regarding the conduct of any activities to conserve and restore coral
reefs and coral reef ecosystems in waters managed under the jurisdiction
of the Federal agencies specified in paragraphs (2) and (3) of section
203(c) of the Coral Reef Conservation Act of 2000, as added by this
division.
(2) Award of coral reef management fellowship.--The Secretary of the
Interior shall consult with the Secretary of Commerce to award the Susan
L. Williams Coral Reef Management Fellowship under subtitle D.
(d) Cooperative Agreements.--Subject to the availability of appropriations,
the Secretary of the Interior may enter into cooperative agreements with covered
reef managers to fund coral reef conservation and restoration activities in
waters managed under the jurisdiction of such managers that--
(1) are consistent with the National Coral Reef Resilience Strategy;
and
(2) support and enhance the success of coral reef action plans in
effect under section 205 of the Coral Reef Conservation Act of 2000, as
added by this division.
(e) Definitions.--In this section:
(1) Conservation, coral, coral reef, etc.--The terms
``conservation'', ``coral reef'', ``covered reef manager'', ``covered
State'', ``National Coral Reef Resilience Strategy'', ``restoration'',
and ``State'' have the meanings given those terms in section 216 of the
Coral Reef Conservation Act of 2000, as added by this division.
(2) Tribe; tribal.--The terms ``Tribe'' and ``Tribal'' refer to
Indian Tribes (as defined in section 102 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 5130)).
Subtitle D--Susan L. Williams National Coral Reef Management Fellowship
SEC. 10031. SUSAN L. WILLIAMS NATIONAL CORAL REEF MANAGEMENT FELLOWSHIP.
(a) Definitions.--In this section:
(1) Alaska native corporation.--The term ``Alaska Native
Corporation'' has the meaning given the term ``Native Corporation'' in
section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
(2) Fellow.--The term ``fellow'' means a National Coral Reef
Management Fellow.
(3) Fellowship.--The term ``fellowship'' means the National Coral
Reef Management Fellowship established in subsection (c).
(4) Covered native entity.--The term ``covered Native entity'' has
the meaning given the term in section 216 of the Coral Reef Conservation
Act of 2000, as added by this division.
(5) Covered state.--The term ``covered State'' has the meaning given
the term in section 216 of the Coral Reef Conservation Act of 2000, as
added by this division.
(6) Native entity.--The term ``Native entity'' has the meaning given
the term in section 216 of the Coral Reef Conservation Act of 2000, as
added by this division.
(7) Secretary.--The term ``Secretary'' means the Secretary of
Commerce.
(b) Establishment of Fellowship Program.--
(1) In general.--There is established a National Coral Reef
Management Fellowship Program.
(2) Purposes.--The purposes of the fellowship are--
(A) to encourage future leaders of the United States to
develop additional coral reef management capacity in States and
local communities with coral reefs;
(B) to provide management agencies of covered States and
covered Native entities with highly qualified candidates whose
education and work experience meet the specific needs of each
covered State or covered Native entity; and
(C) to provide fellows with professional experience in
management of coastal and coral reef resources.
(c) Fellowship Awards.--
(1) In general.--The Secretary, in consultation with the Secretary
of the Interior, shall award a fellowship in accordance with this
subsection.
(2) Term of fellowship.--A fellowship awarded under this subsection
shall be for a term of not more than 2 years.
(3) Qualifications.--The Secretary, in consultation with the
Secretary of the Interior, shall award a fellowship to individuals who
have demonstrated--
(A) an intent to pursue a career in marine services and
outstanding potential for such a career;
(B) leadership potential, actual leadership experience, or
both;
(C) possession of a college or graduate degree in biological
science, a college or graduate degree in resource management
with experience that correlates with aptitude and interest for
marine management, or both;
(D) proficient writing and speaking skills; and
(E) such other attributes as the Secretary, in consultation
with the Secretary of the Interior, considers appropriate.
(d) Matching Requirement.--
(1) In general.--Except as provided in paragraph (2), the non-
Federal share of the costs of a fellowship under this section shall be
25 percent of such costs.
(2) Waiver of matching requirement.--The Secretary may waive the
application of paragraph (1) to a fellowship if the Secretary finds that
such waiver is necessary to support a project that the Secretary has
identified as a high priority.
TITLE CI--BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE GREAT LAKES,
OCEANS, BAYS, AND ESTUARIES
SEC. 10101. PURPOSE.
The purpose of this title is to promote and support--
(1) the monitoring, understanding, and exploration of the Great
Lakes, oceans, bays, estuaries, and coasts; and
(2) the collection, analysis, synthesis, and sharing of data related
to the Great Lakes, oceans, bays, estuaries, and coasts to facilitate
scientific research and operational decisionmaking.
SEC. 10102. DEFINITIONS.
In this title:
(1) Administration.--The term ``Administration'' means the National
Oceanic and Atmospheric Administration.
(2) Administrator.--The term ``Administrator'' means the Under
Secretary of Commerce for Oceans and Atmosphere in the capacity as
Administrator of the National Oceanic and Atmospheric Administration.
(3) Indian tribe.--The term ``Indian Tribe'' has the meaning given
the term in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
SEC. 10103. WORKFORCE STUDY.
(a) In General.--Section 303(a) of the America COMPETES Reauthorization Act
of 2010 (33 U.S.C. 893c(a)) is amended--
(1) by striking ``Secretary of Commerce'' and inserting ``Under
Secretary of Commerce for Oceans and Atmosphere'';
(2) in paragraph (2), by inserting ``, skillsets, or credentials''
after ``degrees'';
(3) in paragraph (3), by inserting ``or highly qualified technical
professionals and tradespeople'' after ``atmospheric scientists'';
(4) in paragraph (4), by inserting ``, skillsets, or credentials''
after ``degrees'';
(5) in paragraph (5)--
(A) by striking ``scientist''; and
(B) by striking ``; and'' and inserting ``, observations,
and monitoring;''
(6) in paragraph (6), by striking ``into Federal'' and all that
follows and inserting ``, technical professionals, and tradespeople into
Federal career positions;''
(7) by redesignating paragraphs (2) through (6) as paragraphs (3)
through (7), respectively;
(8) by inserting after paragraph (1) the following:
``(2) whether there is a shortage in the number of individuals with
technical or trade-based degrees, skillsets, or credentials suited to a
career in oceanic and atmospheric data collection, processing, satellite
production, or satellite operations;''; and
(9) by adding at the end the following:
``(8) workforce diversity and actions the Federal Government can
take to increase diversity in the scientific workforce; and
``(9) actions the Federal Government can take to shorten the hiring
backlog for such workforce.''.
(b) Coordination.--Section 303(b) of such Act (33 U.S.C. 893c(b)) is amended
by striking ``Secretary of Commerce'' and inserting ``Under Secretary of
Commerce for Oceans and Atmosphere''.
(c) Report.--Section 303(c) of such Act (33 U.S.C. 893c(c)) is amended--
(1) by striking ``the date of enactment of this Act'' and inserting
``the date of the enactment of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023'';
(2) by striking ``Secretary of Commerce'' and inserting ``Under
Secretary of Commerce for Oceans and Atmosphere''; and
(3) by striking ``to each committee'' and all that follows through
``section 302 of this Act'' and inserting ``to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Natural Resources and the Committee on Science, Space, and Technology of
the House of Representatives''.
(d) Program and Plan.--Section 303(d) of such Act (33 U.S.C. 893c(d)) is
amended--
(1) by striking ``Administrator of the National Oceanic and
Atmospheric Administration'' and inserting ``Under Secretary of Commerce
for Oceans and Atmosphere''; and
(2) by striking ``academic partners'' and all that follows and
inserting ``academic partners.''.
SEC. 10104. ACCELERATING INNOVATION AT COOPERATIVE INSTITUTES.
(a) Focus on Emerging Technologies.--The Administrator shall consider
evaluating the goals of 1 or more Cooperative Institutes of the Administration
to include focusing on advancing or applying emerging technologies, which may
include--
(1) applied uses and development of real-time and other advanced
genetic technologies and applications, including such technologies and
applications that derive genetic material directly from environmental
samples without any obvious signs of biological source material;
(2) deployment of, and improvements to the durability, maintenance,
and other lifecycle concerns of, advanced unmanned vehicles, regional
small research vessels, and other research vessels that support and
launch unmanned vehicles and sensors; and
(3) supercomputing and big data management, including data collected
through model outputs, electronic monitoring, and remote sensing.
(b) Coordination With Other Programs.--The Cooperative Institutes shall work
with the Interagency Ocean Observation Committee, the regional associations of
the Integrated Ocean Observing System, and other ocean observing programs to
coordinate technology needs and the transition of new technologies from research
to operations.
SEC. 10105. BLUE ECONOMY VALUATION.
(a) Measurement of Industries.--The Administrator, in consultation with the
heads of other relevant Federal agencies and subject to the availability of
appropriations, shall establish a program to improve the collection,
aggregation, and analysis of data to measure the value and impact of industries
related to the Great Lakes, oceans, bays, estuaries, and coasts on the economy
of the United States, including military uses, living resources, marine
construction, marine transportation, offshore energy development and siting
including for renewable energy, offshore mineral production, ship and boat
building, tourism, recreation, subsistence, commercial, recreational, and
charter fishing, seafood processing, and other fishery-related businesses,
aquaculture such as kelp and shellfish, and other industries the Administrator
determines appropriate.
(b) Collaboration.--In carrying out subsection (a), the Administrator
shall--
(1) work with the Director of the Bureau of Economic Analysis and
the heads of other relevant Federal agencies to develop a Coastal and
Ocean Economy Satellite Account that includes national, Tribal, and
State-level statistics to measure the contribution of the Great Lakes,
oceans, bays, estuaries, and coasts to the overall economy of the United
States; and
(2) collaborate with national and international organizations and
governments to promote consistency of methods, measurements, and
definitions to ensure comparability of results between countries.
(c) Report.--Not later than 2 years after the date of the enactment of this
section, and not less frequently than every 2 years thereafter until the date
that is 20 years after the date of the enactment of this section, the
Administrator, in consultation with the heads of other relevant Federal
agencies, shall publish a report that--
(1) defines the Blue Economy in consultation with Indian Tribes and
with input from academia, the private sector, nongovernmental
organizations, and other relevant experts;
(2) makes recommendations for updating North American Industry
Classification System reporting codes to reflect the Blue Economy; and
(3) provides a comprehensive estimate of the value and impact of the
Blue Economy with respect to each State and territory of the United
States, including--
(A) the value and impact of--
(i) economic activities that are dependent upon the
resources of the Great Lakes, oceans, bays, estuaries,
and coasts;
(ii) the population and demographic characteristics
of the population along the coasts;
(iii) port and shoreline infrastructure;
(iv) the volume and value of cargo shipped by sea or
across the Great Lakes;
(v) data collected from the Great Lakes, oceans,
bays, estuaries, and coasts, including such data
collected by businesses that purchase and commodify the
data, including weather prediction and seasonal
agricultural forecasting; and
(vi) military uses; and
(B) to the extent possible, the qualified value and impact
of the natural capital of the Great Lakes, oceans, bays,
estuaries, and coasts with respect to tourism, recreation,
natural resources, and cultural heritage, including other
indirect values.
(d) Centralized Website for Resiliency Grants.--
(1) In general.--Not later than 180 days after the date of the
enactment of this section, the Administrator, in coordination with the
heads of other relevant Federal agencies, shall create and regularly
update a public website to improve education, outreach, and public
information regarding grants and other public funding opportunities of
the Administration related to resiliency.
(2) Contents of website.--The website created under paragraph (1)
shall include the following:
(A) Hyperlinks, descriptions, deadlines, and resources to
support applicants including technical assistance and other
information as the Administrator determines appropriate relating
to resilience grants administered by--
(i) the Administration;
(ii) other relevant Federal agencies; or
(iii) foundations in coordination with the
Administration.
(B) Information described in subparagraph (A) that is
specific to supporting Tribal Governments and Tribal Colleges
and Universities, and, with respect to each such grant described
in paragraph (1), the contact information for an individual of
the Administration who can assist Tribal Governments and Tribal
Colleges and Universities in applying for such grants.
(C) Information described in subparagraph (A) that is
specific to supporting Historically Black Colleges and
Universities, and, with respect to each such grant described in
paragraph (1), the contact information for an individual of the
Administration who can assist Historically Black Colleges and
Universities in applying for such grants.
(3) Outreach.--The Administrator shall conduct outreach activities
to inform State, Tribal, and local governments of resiliency,
adaptation, and mitigation grants that are available to such
governments.
(4) Definitions.--In this section:
(A) Historically black colleges and universities.--The term
``Historically Black Colleges and Universities'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(B) Tribal college or university.--The term ``Tribal College
or University'' has the meaning given the term in section 316 of
the Higher Education Act of 1965 (20 U.S.C. 1059c).
SEC. 10106. NO ADDITIONAL FUNDS AUTHORIZED.
Funds to carry out this title may, as provided in advance in appropriations
Acts, only come from within amounts authorized to be appropriated to the
National Oceanic and Atmospheric Administration.
TITLE CII--REGIONAL OCEAN PARTNERSHIPS
SEC. 10201. FINDINGS; PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The ocean and coastal waters and the Great Lakes of the United
States are foundational to the economy, security, global
competitiveness, and well-being of the United States and continuously
serve the people of the United States and other countries as an
important source of food, energy, economic productivity, recreation,
beauty, and enjoyment.
(2) Over many years, the resource productivity and water quality of
the ocean, coastal, and Great Lakes areas of the United States have been
diminished by pollution, increasing population demands, economic
development, and natural and man-made hazard events, both acute and
chronic.
(3) The ocean, coastal, and Great Lakes areas of the United States
are managed by State and Federal resource agencies and Indian Tribes and
regulated on an interstate and regional scale by various overlapping
Federal authorities, thereby creating a significant need for interstate
coordination to enhance regional priorities, including the ecological
and economic health of those areas.
(4) Indian Tribes have unique expertise and knowledge important for
the stewardship of the ocean and coastal waters and the Great Lakes of
the United States.
(b) Purposes.--The purposes of this title are as follows:
(1) To complement and expand cooperative voluntary efforts intended
to manage, conserve, and restore ocean, coastal, and Great Lakes areas
spanning across multiple State and Indian Tribe jurisdictions.
(2) To expand Federal support for monitoring, data management,
restoration, research, and conservation activities in ocean, coastal,
and Great Lakes areas.
(3) To commit the United States to a comprehensive cooperative
program to achieve improved water quality in, and improvements in the
productivity of living resources of, oceans, coastal, and Great Lakes
ecosystems.
(4) To authorize Regional Ocean Partnerships as intergovernmental
coordinators for shared regional priorities among States and Indian
Tribes relating to the collaborative management of the large marine
ecosystems, thereby reducing duplication of efforts and maximizing
opportunities to leverage support in the ocean and coastal regions.
(5) To empower States to take a lead role in managing oceans,
coastal, and Great Lakes areas.
(6) To incorporate rights of Indian Tribes in the management of
oceans, coasts, and Great Lakes resources and provide resources to
support Indian Tribe participation in and engagement with Regional Ocean
Partnerships.
(7) To enable Regional Ocean Partnerships, or designated fiscal
management entities of such partnerships, to receive Federal funding to
conduct the scientific research, conservation, and restoration
activities, and priority coordination on shared regional priorities
necessary to achieve the purposes described in paragraphs (1) through
(6).
SEC. 10202. REGIONAL OCEAN PARTNERSHIPS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric Administration.
(2) Coastal state.--The term ``coastal State'' has the meaning given
the term ``Coastal state'' in section 304 of the Coastal Zone Management
Act of 1972 (16 U.S.C. 1453).
(3) Indian tribe.--The term ``Indian Tribe'' has the meaning given
that term in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
(4) Regional ocean partnership.--The term ``Regional Ocean
Partnership'' means a Regional Ocean Partnership designated under
subsection (b).
(b) Regional Ocean Partnerships.--
(1) In general.--A coastal State or Indian Tribe may form a
partnership with--
(A) a coastal State that shares a common ocean or coastal
area with the coastal State, without regard to whether the
coastal States are contiguous; and
(B) States--
(i) that share a common ocean, coastal area, or
watershed with the coastal State, without regard to
whether the coastal States are contiguous; or
(ii) that would contribute to the priorities of the
partnership; and
(C) Indian Tribes.
(2) Requirements.--A partnership formed under paragraph (1) may
apply for designation as a Regional Ocean Partnership in such time and
manner as determined appropriate by the Secretary if the partnership--
(A) is established to coordinate the management of ocean,
coastal, and Great Lakes resources among the members of the
partnership;
(B) focuses on the environmental issues affecting the ocean,
coastal, and Great Lakes areas of the members participating in
the partnership;
(C) complements existing coastal and ocean management
efforts of States and Indian Tribes on an interstate scale,
focusing on shared regional priorities;
(D) does not have a regulatory function; and
(E) is not duplicative of an existing Regional Ocean
Partnership designated under paragraph (3), as determined by the
Secretary.
(3) Designation of certain entities as regional ocean
partnerships.--The following entities are designated as Regional Ocean
Partnerships:
(A) The Gulf of Mexico Alliance, comprised of the States of
Alabama, Florida, Louisiana, Mississippi, and Texas.
(B) The Northeast Regional Ocean Council, comprised of the
States of Maine, Vermont, New Hampshire, Massachusetts,
Connecticut, and Rhode Island.
(C) The Mid-Atlantic Regional Council on the Ocean,
comprised of the States of New York, New Jersey, Delaware,
Maryland, and Virginia.
(D) The West Coast Ocean Alliance, comprised of the States
of California, Oregon, and Washington and the coastal Indian
Tribes therein.
(4) Great lakes.--A partnership established under this section for
the purposes described in subsection (d) with respect to a Great Lake
may be known as a ``Regional Coastal Partnership'' or a ``Regional Great
Lakes Partnership''.
(c) Governing Bodies of Regional Ocean Partnerships.--A Regional Ocean
Partnership shall have a governing body that--
(1) shall be comprised, at a minimum, of voting members from each
coastal state participating in the Regional Ocean Partnership,
designated by the Governor of the coastal state; and
(2) may include such other members as the partnership considers
appropriate.
(d) Functions.--A Regional Ocean Partnership may perform the following
functions:
(1) Promote coordination of the actions of the agencies of
governments participating in the partnership with the actions of the
appropriate officials of Federal agencies, State governments, and Indian
Tribes in developing strategies--
(A) to conserve living resources, increase valuable
habitats, enhance coastal resilience and ocean management,
promote ecological and economic health, and address such other
issues related to the shared ocean, coastal, or Great Lakes
areas as are determined to be a shared, regional priority by
those states; and
(B) to manage regional data portals and develop associated
data products for purposes that support the priorities of the
partnership.
(2) In cooperation with appropriate Federal and State agencies,
Indian Tribes, and local authorities, develop and implement specific
action plans to carry out coordination goals.
(3) Coordinate and implement priority plans and projects, and
facilitate science, research, modeling, monitoring, data collection, and
other activities that support the goals of the partnership through the
provision of grants and contracts under subsection (f).
(4) Engage, coordinate, and collaborate with relevant governmental
entities and stakeholders to address ocean and coastal related matters
that require interagency or intergovernmental solutions.
(5) Implement outreach programs for public information, education,
and participation to foster stewardship of the resources of the ocean,
coastal, and Great Lakes areas, as relevant.
(6) Develop and make available, through publications, technical
assistance, and other appropriate means, information pertaining to
cross-jurisdictional issues being addressed through the coordinated
activities of the partnership.
(7) Serve as a liaison with, and provide information to,
international counterparts, as appropriate on priority issues for the
partnership.
(e) Coordination, Consultation, and Engagement.--
(1) In general.--A Regional Ocean Partnership shall maintain
mechanisms for coordination, consultation, and engagement with the
following:
(A) The Federal Government.
(B) Indian Tribes.
(C) Nongovernmental entities, including academic
organizations, nonprofit organizations, and private sector
entities.
(D) Other federally mandated regional entities, including
the Regional Fishery Management Councils, the regional
associations of the National Integrated Coastal and Ocean
Observation System, and relevant Marine Fisheries Commissions.
(2) Rule of construction.--Nothing in paragraph (1)(B) may be
construed as affecting any requirement to consult with Indian Tribes
under Executive Order 13175 (25 U.S.C. 5301 note; relating to
consultation and coordination with Indian Tribal Governments) or any
other applicable law or policy.
(f) Grants and Contracts.--
(1) In general.--A Regional Ocean Partnership may, in coordination
with existing Federal, State, and Tribal management programs, from
amounts made available to the partnership by the Administrator or the
head of another Federal agency, subject to appropriations for such
purpose, provide grants and enter into contracts for the purposes
described in paragraph (2).
(2) Purposes.--The purposes described in this paragraph include any
of the following:
(A) Monitoring the water quality and living resources of
multistate ocean and coastal ecosystems and coastal communities.
(B) Researching and addressing the effects of natural and
human-induced environmental changes on--
(i) ocean and coastal ecosystems; and
(ii) coastal communities.
(C) Developing and executing cooperative strategies that--
(i) address regional data issues identified by the
partnership; and
(ii) will result in more effective management of
common ocean and coastal areas.
(g) Report Required.--
(1) In general.--Not later than 5 years after the date of the
enactment of this Act, the Administrator, in coordination with the
Regional Ocean Partnerships, shall submit to Congress a report on the
partnerships.
(2) Report requirements.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the overall status of the work of the
Regional Ocean Partnerships.
(B) An assessment of the effectiveness of the partnerships
in supporting regional priorities relating to the management of
common ocean, coastal, and Great Lakes areas.
(C) An assessment of the effectiveness of the strategies
that the partnerships are supporting or implementing and the
extent to which the priority needs of the regions covered by the
partnerships are being met through such strategies.
(D) An assessment of how the efforts of the partnerships
support or enhance Federal and State efforts consistent with the
purposes of this title.
(E) Such recommendations as the Administrator may have for
improving--
(i) efforts of the partnerships to support the
purposes of this title; and
(ii) collective strategies that support the purposes
of this title in coordination with all relevant Federal
and State entities and Indian Tribes.
(F) The distribution of funds from each partnership for each
fiscal year covered by the report.
(h) Availability of Federal Funds.--In addition to amounts made available to
the Regional Ocean Partnerships by the Administrator under this section, the
head of any other Federal agency may provide grants to, enter into contracts
with, or otherwise provide funding to such partnerships, subject to availability
of appropriations for such purposes.
(i) Authorities.--Nothing in this section establishes any new legal or
regulatory authority of the National Oceanic and Atmospheric Administration or
of the Regional Ocean Partnerships, other than--
(1) the authority of the Administrator to provide amounts to the
partnerships; and
(2) the authority of the partnerships to provide grants and enter
into contracts under subsection (f).
(j) Authorizations.--
(1) Regional ocean partnerships.--There are authorized to be
appropriated to the Administrator the following amounts to be made
available to the Regional Ocean Partnerships or designated fiscal
management entities of such partnerships to carry out activities of such
partnerships under this title:
(A) $10,100,000 for fiscal year 2023.
(B) $10,202,000 for fiscal year 2024.
(C) $10,306,040 for fiscal year 2025.
(D) $10,412,160 for fiscal year 2026.
(E) $10,520,404 for fiscal year 2027.
(2) Distribution of amounts.--Amounts made available under this
subsection shall be divided evenly among the Regional Ocean
Partnerships.
(3) Tribal government participation.--There is authorized to be
appropriated to the Administrator $1,000,000 for each of fiscal years
2023 through 2027 to be distributed to Indian Tribes for purposes of
participation in or engagement with the Regional Ocean Partnerships.
TITLE CIII--NATIONAL OCEAN EXPLORATION
SEC. 10301. FINDINGS.
Congress makes the following findings:
(1) The health and resilience of the ocean are vital to the security
and economy of the United States and to the lives of the people of the
United States.
(2) The United States depends on the ocean to regulate weather and
climate, to sustain and protect the diversity of life, for maritime
shipping, for national defense, and for food, energy, medicine,
recreation, and other services essential to the people of the United
States and all humankind.
(3) The prosperity, security, and well-being of the United States
depend on successful understanding and stewardship of the ocean.
(4) Interdisciplinary cooperation and engagement among government
agencies, research institutions, nongovernmental organizations, States,
Indian Tribes, and the private sector are essential for successful
stewardship of ocean and coastal environments, national economic growth,
national security, and development of agile strategies that develop,
promote, and use new technologies.
(5) Ocean exploration can help the people of the United States
understand how to be effective stewards of the ocean and serve as
catalysts and enablers for other sectors of the economy.
(6) Mapping, exploration, and characterization of the ocean provides
basic, essential information to protect and restore the marine
environment, stimulate economic activity, and provide security for the
United States.
(7) A robust national ocean exploration program engaging multiple
Federal agencies, Indian Tribes, the private sector, nongovernmental
organizations, and academia is--
(A) essential to the interests of the United States and
vital to its security and economy and the health and well-being
of all people of the United States; and
(B) critical to reestablish the United States at the
forefront of global ocean exploration and stewardship.
SEC. 10302. DEFINITIONS.
In this title:
(1) Characterization.--The term ``characterization'' means
activities that provide comprehensive data and interpretations for a
specific area of interest of the sea floor, sub-bottom, water column, or
hydrologic features, including water masses and currents, in direct
support of specific research, environmental protection, resource
management, policymaking, or applied mission objectives.
(2) Exploration.--The term ``exploration'' means activities that
provide--
(A) a multidisciplinary view of an unknown or poorly
understood area of the seafloor, sub-bottom, or water column;
and
(B) an initial assessment of the physical, chemical,
geological, biological, archeological, or other characteristics
of such an area.
(3) Indian tribe.--The term ``Indian Tribe'' has the meaning given
that term in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
(4) Mapping.--The term ``mapping'' means activities that provide
comprehensive data and information needed to understand seafloor
characteristics, such as depth, topography, bottom type, sediment
composition and distribution, underlying geologic structure, and benthic
flora and fauna.
SEC. 10303. OCEAN POLICY COMMITTEE.
(a) Subcommittees.--Section 8932(c) of title 10, United States Code, is
amended to read as follows:
``(c) Subcommittees.--(1) The Committee shall include--
``(A) a subcommittee to be known as the `Ocean Science and
Technology Subcommittee'; and
``(B) a subcommittee to be known as the `Ocean Resource Management
Subcommittee'.
``(2) In discharging its responsibilities in support of agreed-upon
scientific needs, and to assist in the execution of the responsibilities
described in subsection (b), the Committee may delegate responsibilities to the
Ocean Science and Technology Subcommittee, the Ocean Resource Management
Subcommittee, or another subcommittee of the Committee, as the Committee
determines appropriate.''.
(b) Increased Access to Geospatial Data for More Efficient and Informed
Decisionmaking.--
(1) Establishment of document system.--Section 8932(b) of title 10,
United States Code, is amended--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4)(F), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) for projects under the purview of the Committee, establish or
designate one or more systems for ocean-related and ocean-mapping-
related documents prepared under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), in accordance with subsection (h).''.
(2) Elements.--Section 8932 of such title is amended--
(A) by redesignating subsection (h) as subsection (i); and
(B) by inserting after subsection (g) the following new
subsection (h):
``(h) Elements of Document System.--The systems established or designated
under subsection (b)(5) may include the following:
``(1) A publicly accessible, centralized digital archive of
documents described in subsection (b)(5) that are finalized after the
date of the enactment of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023, including--
``(A) environmental impact statements;
``(B) environmental assessments;
``(C) records of decision; and
``(D) other relevant documents as determined by the lead
agency on a project.
``(2) Geospatially referenced data, if any, contained in the
documents under paragraph (1).
``(3) A mechanism to retrieve information through geo-information
tools that can map and integrate relevant geospatial information, such
as--
``(A) Ocean Report Tools;
``(B) the Environmental Studies Program Information System;
``(C) Regional Ocean Partnerships; and
``(D) the Integrated Ocean Observing System.
``(4) Appropriate safeguards on the public accessibility of data to
protect national security equities.''.
SEC. 10304. NATIONAL OCEAN MAPPING, EXPLORATION, AND CHARACTERIZATION COUNCIL.
(a) Establishment.--The President shall establish a council, to be known as
the ``National Ocean Mapping, Exploration, and Characterization Council'' (in
this section referred to as the ``Council'').
(b) Purpose.--The Council shall--
(1) update national priorities for ocean mapping, exploration, and
characterization; and
(2) coordinate and facilitate activities to advance those
priorities.
(c) Reporting.--The Council shall report to the Ocean Science and Technology
Subcommittee of the Ocean Policy Committee established under section 8932(c) of
title 10, United States Code.
(d) Membership.--The Council shall be composed of senior-level
representatives from the appropriate Federal agencies.
(e) Co-Chairs.--The Council shall be co-chaired by--
(1) two senior-level representatives from the National Oceanic and
Atmospheric Administration; and
(2) one senior-level representative from the Department of the
Interior.
(f) Duties.--The Council shall--
(1) set national ocean mapping, exploration, and characterization
priorities and strategies;
(2) cultivate and facilitate transparent and sustained partnerships
among Federal and State agencies, Indian Tribes, private industry,
academia, and nongovernmental organizations to conduct ocean mapping,
exploration, and characterization activities and related technology
development;
(3) coordinate improved processes for data compilation, management,
access, synthesis, and visualization with respect to ocean mapping,
exploration, and characterization, with a focus on building on existing
ocean data management systems and with appropriate safeguards on the
public accessibility of data to protect national security equities, as
appropriate;
(4) encourage education, workforce training, and public engagement
activities that--
(A) advance interdisciplinary principles that contribute to
ocean mapping, exploration, research, and characterization;
(B) improve public engagement with and understanding of
ocean science; and
(C) provide opportunities for underserved populations;
(5) coordinate activities as appropriate with domestic and
international ocean mapping, exploration, and characterization
initiatives or programs; and
(6) establish and monitor metrics to track progress in achieving the
priorities set under paragraph (1).
(g) Interagency Working Group on Ocean Exploration and Characterization.--
(1) Establishment.--The President shall establish a new interagency
working group to be known as the ``Interagency Working Group on Ocean
Exploration and Characterization''.
(2) Membership.--The Interagency Working Group on Ocean Exploration
and Characterization shall be comprised of senior representatives from
Federal agencies with ocean exploration and characterization
responsibilities.
(3) Functions.--The Interagency Working Group on Ocean Exploration
and Characterization shall support the Council and the Ocean Science and
Technology Subcommittee of the Ocean Policy Committee established under
section 8932(c) of title 10, United States Code, on ocean exploration
and characterization activities and associated technology development
across the Federal Government, State governments, Indian Tribes, private
industry, nongovernmental organizations, and academia.
(h) Oversight.--The Council shall oversee--
(1) the Interagency Working Group on Ocean Exploration and
Characterization established under subsection (g)(1); and
(2) the Interagency Working Group on Ocean and Coastal Mapping under
section 12203 of the Ocean and Coastal Mapping Integration Act (33
U.S.C. 3502).
(i) Plan.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Council shall develop or update and submit to
the appropriate committees of Congress a plan for an integrated cross-
sectoral ocean mapping, exploration, and characterization initiative.
(2) Elements.--The plan required by paragraph (1) shall--
(A) discuss the utility and benefits of ocean exploration
and characterization;
(B) identify and describe national ocean mapping,
exploration, and characterization priorities;
(C) identify and describe Federal and federally funded ocean
mapping, exploration, and characterization programs;
(D) facilitate and incorporate non-Federal input into
national ocean mapping, exploration, and characterization
priorities;
(E) ensure effective coordination of ocean mapping,
exploration, and characterization activities among programs
described in subparagraph (C);
(F) identify opportunities for combining overlapping or
complementary needs, activities, and resources of Federal
agencies and non-Federal organizations relating to ocean
mapping, exploration, and characterization while not reducing
benefits from existing mapping, explorations, and
characterization activities;
(G) promote new and existing partnerships among Federal and
State agencies, Indian Tribes, private industry, academia, and
nongovernmental organizations to conduct or support ocean
mapping, exploration, and characterization activities and
technology development needs, including through coordination
under section 3 of the Commercial Engagement Through Ocean
Technology Act of 2018 (33 U.S.C. 4102) and the National
Oceanographic Partnership Program under section 8931 of title
10, United States Code;
(H) develop a transparent and sustained mechanism for non-
Federal partnerships and stakeholder engagement in strategic
planning and mission execution to be implemented not later than
December 31, 2023, for coordinating such activities with--
(i) institutions of higher education (as such term
is defined in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a)), the private sector,
philanthropic organizations, and nonprofits; and
(ii) international partners for activities relating
to maritime areas (including the sea floor) beyond the
jurisdiction of the Federal Government;
(I) establish standardized collection and data management
protocols, including with respect to metadata, for ocean
mapping, exploration, and characterization which--
(i) are publicly accessible and locatable via
appropriate Federal repositories;
(ii) can facilitate the integration of ocean data
into products and use innovations from non-Federal
partners; and
(iii) have appropriate safeguards on the public
accessibility of data to protect national security;
(J) encourage the development, testing, demonstration, and
adoption of innovative ocean mapping, exploration, and
characterization technologies and applications;
(K) promote protocols for accepting data, equipment,
approaches, or other resources that support national ocean
mapping, exploration, and characterization priorities;
(L) identify best practices for the protection of marine
life during mapping, exploration, and characterization
activities;
(M) identify training, technology, and other resource
requirements for enabling the National Oceanic and Atmospheric
Administration and other appropriate Federal agencies to support
a coordinated national ocean mapping, exploration, and
characterization effort;
(N) identify and facilitate a centralized mechanism or
office for coordinating data collection, compilation,
processing, archiving, and dissemination activities relating to
ocean mapping, exploration, and characterization that meets
Federal mandates for data accuracy and accessibility;
(O) designate repositories responsible for archiving and
managing ocean mapping, exploration, and characterization data;
(P) set forth a timetable and estimated costs for
implementation and completion of the plan;
(Q) to the extent practicable, align ocean exploration and
characterization efforts with existing programs and identify key
gaps; and
(R) identify criteria for determining the optimal frequency
of observations; and
(S) provide recommendations, developed in coordination with
the private sector, to improve incentives, access, and processes
for the private sector to share ocean-related data with the
public and Federal Government.
(j) Briefings.--Not later than 1 year after the date of the enactment of
this Act, and not less frequently than once every 2 years thereafter, the
Council shall brief the appropriate committees of Congress on--
(1) progress made toward meeting the national priorities described
in subsection (i)(2)(B); and
(2) recommendations for meeting such priorities, such as additional
authorities that may be needed to develop a mechanism for non-Federal
partnerships and stakeholder engagement described in subsection
(i)(2)(H).
(k) Appropriate Committees of Congress Defined.--In this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation and the
Committee on Armed Services of the Senate; and
(2) the Committee on Natural Resources, the Committee on Science,
Space, and Technology, and the Committee on Armed Services of the House
of Representatives.
SEC. 10305. MODIFICATIONS TO THE OCEAN EXPLORATION PROGRAM OF THE NATIONAL
OCEANIC AND ATMOSPHERIC ADMINISTRATION.
(a) Purpose.--Section 12001 of the Omnibus Public Land Management Act of
2009 (33 U.S.C. 3401) is amended by striking ``and the national undersea
research program''.
(b) Program Established.--Section 12002 of such Act (33 U.S.C. 3402) is
amended--
(1) in the first sentence, by striking ``and undersea''; and
(2) in the second sentence, by striking ``and undersea research and
exploration'' and inserting ``research and ocean exploration and
characterization efforts''.
(c) Powers and Duties of the Administrator.--
(1) In general.--Section 12003(a) of such Act (33 U.S.C. 3403(a)) is
amended--
(A) in the matter preceding paragraph (1), by inserting ``,
in consultation with the Ocean Policy Committee established
under section 8932 of title 10, United States Code,'' after
``Administration'';
(B) in paragraph (1)--
(i) by striking ``voyages'' and inserting
``expeditions'';
(ii) by striking ``Federal agencies'' and all that
follows through ``and survey'' and inserting ``Federal
and State agencies, Tribal Governments, private
industry, academia (including secondary schools,
community colleges, and universities), and
nongovernmental organizations, to map, explore, and
characterize''; and
(iii) by inserting ``characterize,'' after
``observe,'';
(C) in paragraph (2), by inserting ``of the exclusive
economic zone'' after ``deep ocean regions'';
(D) in paragraph (3), by striking ``voyages'' and inserting
``expeditions'';
(E) in paragraph (4), by striking ``, in consultation with
the National Science Foundation,'';
(F) by amending paragraph (5) to read as follows:
``(5) support technological innovation of the United States marine
science community by promoting the development and use of new and
emerging technologies for research, communication, navigation, and data
collection, such as sensors and autonomous vehicles;'';
(G) in paragraph (6), by inserting ``, in consultation with
the National Ocean Mapping, Exploration, and Characterization
Council established under section 5405 of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023,'' after
``forum'';
(H) by adding at the end the following:
``(7) provide guidance, in consultation with the National Ocean
Mapping, Exploration, and Characterization Council, to Federal and State
agencies, Tribal Governments, private industry, academia (including
secondary schools, community colleges, and universities), and
nongovernmental organizations on data standards, protocols for accepting
data, and coordination of data collection, compilation, processing,
archiving, and dissemination for data relating to ocean exploration and
characterization; and
``(8) coordinate with applicable ocean mapping, ocean monitoring,
and ocean observation programs to maximize coordination and
collaboration opportunities, prevent duplication of such activities and
identify gaps in data.''.
(2) Donations.--Section 12003(b) of such Act (33 U.S.C. 3403(b)) is
amended to read as follows:
``(b) Donations.--For the purpose of mapping, exploring, and characterizing
the oceans or increasing the knowledge of the oceans, the Administrator may--
``(1) accept monetary donations, which shall be credited as
discretionary offsetting collections to the currently applicable
appropriation, account, or fund of the National Oceanic and Atmospheric
Administration and shall be made available for such purposes only to the
extent and in the amounts provided in advance in appropriations Acts;
``(2) accept donations of property, data, and equipment; and
``(3) pay all necessary expenses in connection with the conveyance
or transfer of a gift, devise, or bequest.''.
(3) Definition of exclusive economic zone.--Section 12003 of such
Act (33 U.S.C. 3403) is amended by adding at the end the following:
``(c) Definition of Exclusive Economic Zone.--In this section, the term
`exclusive economic zone' means the zone established by Presidential
Proclamation Number 5030, dated March 10, 1983 (16 U.S.C. 1453 note).''.
(d) Repeal of Ocean Exploration and Undersea Research Technology and
Infrastructure Task Force.--Section 12004 of such Act (33 U.S.C. 3404) is
repealed.
(e) Education, Workforce Training, and Outreach.--
(1) In general.--Such Act is further amended by inserting after
section 12003 the following new section 12004:
``SEC. 12004. EDUCATION, WORKFORCE TRAINING, AND OUTREACH.
``(a) In General.--The Administrator of the National Oceanic and Atmospheric
Administration shall--
``(1) conduct education and outreach efforts in order to broadly
disseminate information to the public on the discoveries made by the
program under section 12002;
``(2) to the extent possible, coordinate the efforts described in
paragraph (1) with the outreach strategies of other domestic or
international ocean mapping, exploration, and characterization
initiatives; and
``(3) establish a fellowship program at the National Oceanic and
Atmospheric Administration to provide year-long fellowships to
undergraduate students from institutions described in section 371(a) of
the Higher Education Act of 1965.
``(b) Education and Outreach Efforts.--Efforts described in subsection
(a)(1) may include--
``(1) education of the general public, teachers, students, and ocean
and coastal resource managers; and
``(2) workforce training, reskilling, and opportunities to encourage
development of ocean-related science, technology, engineering, and
mathematics technical training programs involving secondary schools,
community colleges, and universities, including institutions described
in section 371(a) of the Higher Education Act of 1965.
``(c) Outreach Strategy.--Not later than 180 days after the date of the
enactment of the National Ocean Exploration Act, the Administrator of the
National Oceanic and Atmospheric Administration shall develop an outreach
strategy to broadly disseminate information on the discoveries made by the
program under section 12002.''.
(2) Clerical amendment.--The table of contents in section 1(b) of
the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123
Stat. 991) is amended by striking the item relating to section 12004 and
inserting the following:
``Sec. 12004. Education, workforce training, and outreach.''.
(f) Ocean Exploration Advisory Board.--
(1) Establishment.--Section 12005(a) of such Act (33 U.S.C. 3505(a))
is amended--
(A) by inserting ``, including representatives from
academic, commercial, nonprofit, philanthropic, policy, and
Tribal entities'' after ``relevant fields'';
(B) by amending paragraph (1) to read as follows:
``(1) to advise the Administrator on priority areas for survey,
discovery, and opportunities for extramural collaboration and
partnerships;'';
(C) by redesignating paragraph (4) as paragraph (6); and
(D) by inserting after paragraph (3) the following:
``(4) to identify market barriers to development or
commercialization of novel ocean mapping, exploration, and
characterization products, processes, and tools;
``(5) to identify best practices to improve data management,
processing, storage, and archiving standards; and''.
(2) Technical amendment.--Section 12005(c) of such Act (33 U.S.C.
3505(c)) is amended by inserting ``this'' before ``part''.
(g) Authorization of Appropriations.--Section 12006 of such Act (33 U.S.C.
3406) is amended by striking ``this part'' and all that follows and inserting
``this part $60,000,000 for each of fiscal years 2023 through 2028''.
(h) Definitions.--Such Act is further amended by inserting after section
12006 the following:
``SEC. 12007. DEFINITIONS.
``In this part:
``(1) Characterization.--The terms `characterization',
`characterize', and `characterizing' mean activities that provide
comprehensive data and interpretations for a specific area of interest
of the sea floor, sub-bottom, water column, or hydrologic features, such
as water masses and currents, in direct support of specific research,
environmental protection, resource management, policymaking, or applied
mission objectives.
``(2) Exploration.--The term `exploration', `explore', and
`exploring' means activities that provide--
``(A) a multidisciplinary view of an unknown or poorly
understood area of the sea floor, sub-bottom, or water column;
and
``(B) an initial assessment of the physical, chemical,
geological, biological, archaeological, or other characteristics
of such an area.
``(3) Mapping.--The terms `map' and `mapping' mean activities that
provide comprehensive data and information needed to understand sea
floor characteristics, including depth, topography, bottom type,
sediment composition and distribution, underlying geologic structure,
and benthic flora and fauna.''.
(i) Clerical Amendment.--The table of contents in section 1(b) of the
Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 991) is
amended by inserting after the item relating to section 12006 the following:
``Sec. 12007. Definitions.''.
SEC. 10306. REPEAL.
(a) In General.--The NOAA Undersea Research Program Act of 2009 (part II of
subtitle A of title XII of Public Law 111-11; 33 U.S.C. 3421 et seq.) is
repealed.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 991) is
amended by striking the items relating to part II of subtitle A of title XII of
such Act.
SEC. 10307. MODIFICATIONS TO OCEAN AND COASTAL MAPPING PROGRAM OF THE NATIONAL
OCEANIC AND ATMOSPHERIC ADMINISTRATION.
(a) Establishment of Program.--
(1) In general.--Section 12202(a) of the Ocean and Coastal Mapping
Integration Act (33 U.S.C. 3501(a)) is amended--
(A) by striking ``establish a program to develop a
coordinated and'' and inserting ``establish and maintain a
program to coordinate'';
(B) by striking ``plan'' and inserting ``efforts''; and
(C) by striking ``that enhances'' and all that follows and
inserting ``that--
``(1) enhances ecosystem approaches in decisionmaking for natural
resource and habitat management restoration and conservation, emergency
response, and coastal resilience and adaptation;
``(2) establishes research and mapping priorities;
``(3) supports the siting of research and other platforms; and
``(4) advances ocean and coastal science.''.
(2) Membership.--Section 12202 of such Act (33 U.S.C. 3501) is
amended by striking subsection (b) and redesignating subsection (c) as
subsection (b).
(3) Program parameters.--Subsection (b) of section 12202 of such Act
(33 U.S.C. 3501), as redesignated by paragraph (2), is amended--
(A) in the matter preceding paragraph (1), by striking
``developing'' and inserting ``maintaining'';
(B) in paragraph (2), by inserting ``and for leveraging
existing Federal geospatial services capacities and contract
vehicles for efficiencies'' after ``coastal mapping'';
(C) in paragraph (7), by striking ``with coastal state and
local government programs'' and inserting ``with mapping
programs, in conjunction with Federal and State agencies, Tribal
governments, private industry, academia, and nongovernmental
organizations'';
(D) in paragraph (8), by striking ``of real-time tide data
and the development'' and inserting ``of tide data and water-
level data and the development and dissemination'';
(E) in paragraph (9), by striking ``; and'' and inserting a
semicolon;
(F) in paragraph (10), by striking the period at the end and
inserting ``; and''; and
(G) by adding at the end the following:
``(11) support--
``(A) the Ocean Science and Technology Subcommittee of the
Ocean Policy Committee established under section 8932(c) of
title 10, United States Code; and
``(B) the National Ocean Mapping, Exploration, and
Characterization Council established under section 5405 of the
National Ocean Exploration Act.''.
(b) Interagency Working Group on Ocean and Coastal Mapping.--
(1) Name change.--The Ocean and Coastal Mapping Integration Act (33
U.S.C. 3501 et seq.) is amended--
(A) in section 12202 (33 U.S.C. 3501)--
(i) in subsection (a), by striking ``Interagency
Committee on Ocean and Coastal Mapping'' and inserting
``Interagency Working Group on Ocean and Coastal Mapping
under section 12203''; and
(ii) in subsection (b), as redesignated by
subsection (a)(2), by striking ``Committee'' and
inserting ``Working Group'';
(B) in section 12203 (33 U.S.C. 3502)--
(i) in the section heading, by striking
``committee'' and inserting ``working group'';
(ii) in subsection (b), in the first sentence, by
striking ``committee'' and inserting ``Working Group'';
(iii) in subsection (e), by striking ``committee''
and inserting ``Working Group''; and
(iv) in subsection (f), by striking ``committee''
and inserting ``Working Group''; and
(C) in section 12208 (33 U.S.C. 3507), by amending paragraph
(3) to read as follows:
``(3) Working group.--The term `Working Group' means the Interagency
Working Group on Ocean and Coastal Mapping under section 12203.''.
(2) In general.--Section 12203(a) of such Act (33 U.S.C. 3502(a)) is
amended by striking ``within 30 days'' and all that follows and
inserting ``not later than 30 days after the date of the enactment of
the National Ocean Exploration Act, shall use the Interagency Working
Group on Ocean and Coastal Mapping in existence as of the date of the
enactment of such Act to implement section 12202.''.
(3) Membership.--Section 12203(b) of such Act (33 U.S.C. 3502(b)) is
amended--
(A) by striking ``senior'' both places it appears and
inserting ``senior-level'';
(B) by striking the second sentence;
(C) by striking ``the Minerals Management Service'' and
inserting ``the Bureau of Ocean Energy Management of the
Department of the Interior, the Office of the Assistant
Secretary, Fish and Wildlife and Parks of the Department of the
Interior''; and
(D) by striking ``the Chief of Naval Operations'' and
inserting ``the Department of the Navy''.
(4) Co-chairs.--Section 12203(c) of such Act (33 U.S.C. 3502(c)) is
amended to read as follows:
``(c) Co-Chairs.--The Working Group shall be co-chaired by one
representative from each of the following:
``(1) The National Oceanic and Atmospheric Administration.
``(2) The Department of the Interior.''.
(5) Subordinate groups.--Section 12203(d) of such Act (33 U.S.C.
3502(d)) is amended to read as follows:
``(d) Subordinate Groups.--The co-chairs may establish such permanent or
temporary subordinate groups as determined appropriate by the Working Group.''.
(6) Meetings.--Section 12203(e) of such Act (33 U.S.C. 3502(e)) is
amended by striking ``each subcommittee and each working group'' and
inserting ``each subordinate group''.
(7) Coordination.--Section 12203(f) of such Act (33 U.S.C. 3502(f))
is amended by striking paragraphs (1) through (5) and inserting the
following:
``(1) other Federal efforts;
``(2) international mapping activities;
``(3) coastal States;
``(4) coastal Indian Tribes;
``(5) data acquisition and user groups through workshops,
partnerships, and other appropriate mechanisms; and
``(6) representatives of nongovernmental entities.''.
(8) Advisory panel.--Section 12203 of such Act (33 U.S.C. 3502) is
amended by striking subsection (g).
(9) Functions.--Section 12203 of such Act (33 U.S.C. 3502), as
amended by paragraph (8), is further amended by adding at the end the
following:
``(g) Support Functions.--The Working Group shall support the National Ocean
Mapping, Exploration, and Characterization Council established under section
5405 of the National Ocean Exploration Act and the Ocean Science and Technology
Subcommittee of the Ocean Policy Committee established under section 8932(c) of
title 10, United States Code, on ocean mapping activities and associated
technology development across the Federal Government, State governments, coastal
Indian Tribes, private industry, nongovernmental organizations, and academia.''.
(10) Clerical amendment.--The table of contents in section 1(b) of
the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123
Stat. 991) is amended by striking the item relating to section 12203 and
inserting the following:
``Sec. 12203. Interagency working group on ocean and coastal
mapping.''.
(c) Biennial Reports.--Section 12204 of the Ocean and Coastal Mapping
Integration Act (33 U.S.C. 3503) is amended--
(1) in the matter preceding paragraph (1), by striking ``No later''
and all that follows through ``House of Representatives'' and inserting
``Not later than 18 months after the date of the enactment of the
National Ocean Exploration Act, and biennially thereafter until 2040,
the co-chairs of the Working Group, in coordination with the National
Ocean Mapping, Exploration, and Characterization Council established
under section 5405 of such Act, shall submit to the Committee on
Commerce, Science, and Transportation and the Committee on Energy and
Natural Resources of the Senate, and the Committee on Natural Resources
and the Committee on Science, Space, and Technology of the House of
Representatives,'';
(2) in paragraph (1), by inserting ``, including the data maintained
by the National Centers for Environmental Information of the National
Oceanic and Atmospheric Administration,'' after ``mapping data'';
(3) in paragraph (3), by inserting ``, including a plan to map the
coasts of the United States on a requirements-based cycle, with mapping
agencies and partners coordinating on a unified approach that factors in
recent related studies, meets multiple user requirements, and identifies
gaps'' after ``accomplished'';
(4) by striking paragraph (10) and redesignating paragraphs (11),
(12), and (13) as paragraphs (10), (11), and (12), respectively;
(5) in paragraph (10), as so redesignated, by striking ``with
coastal State and local government programs'' and inserting ``with
international, coastal State, and local government and nongovernmental
mapping programs'';
(6) in paragraph (11), as redesignated by paragraph (4)--
(A) by striking ``increase'' and inserting ``streamline and
expand'';
(B) by inserting ``for the purpose of fulfilling Federal
mapping and charting responsibilities, plans, and strategies''
after ``entities''; and
(C) by striking ``; and'' and inserting a semicolon;
(7) in paragraph (12), as redesignated by paragraph (4), by striking
the period at the end and inserting a semicolon; and
(8) by adding at the end the following:
``(13) a progress report on the development of new and innovative
technologies and applications through research and development,
including cooperative or other agreements with joint or cooperative
research institutes and centers and other nongovernmental entities;
``(14) a description of best practices in data processing and
distribution and leveraging opportunities among agencies represented on
the Working Group and with coastal States, coastal Indian Tribes, and
nongovernmental entities;
``(15) an identification of any training, technology, or other
requirements for enabling Federal mapping programs, vessels, and
aircraft to support a coordinated ocean and coastal mapping program; and
``(16) a timetable for implementation and completion of the plan
described in paragraph (3), including recommendations for integrating
new approaches into the program.''.
(d) NOAA Joint Ocean and Coastal Mapping Centers.--
(1) Centers.--Section 12205(c) of such Act (33 U.S.C. 3504(c)) is
amended--
(A) in the matter preceding paragraph (1), by striking ``3''
and inserting ``three''; and
(B) in paragraph (4), by inserting ``and uncrewed'' after
``sensing''.
(2) Plan.--Section 12205 of such Act (33 U.S.C. 3504) is amended--
(A) in the section heading, by striking ``plan'' and
inserting ``noaa joint ocean and coastal mapping centers'';
(B) by striking subsections (a), (b), and (d); and
(C) in subsection (c), by striking ``(c) NOAA Joint Ocean
and Coastal Mapping Centers.--''.
(3) Clerical amendment.--The table of contents in section 1(b) of
the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123
Stat. 991) is amended by striking the item relating to section 12205 and
inserting the following:
``Sec. 12205. NOAA joint ocean and coastal mapping centers.''.
(e) Ocean and Coastal Mapping Federal Funding Opportunity.--The Ocean and
Coastal Mapping Integration Act (33 U.S.C. 3501 et seq.) is amended--
(1) by redesignating sections 12206, 12207, and 12208 as sections
12208, 12209, and 12210, respectively; and
(2) by inserting after section 12205 the following:
``SEC. 12206. OCEAN AND COASTAL MAPPING FEDERAL FUNDING OPPORTUNITY.
``(a) In General.--Not later than one year after the date of the enactment
of the National Ocean Exploration Act, the Administrator shall develop an
integrated ocean and coastal mapping Federal funding match opportunity, to be
known as the `Brennan Ocean Mapping Fund' in memory of Rear Admiral Richard T.
Brennan, within the National Oceanic and Atmospheric Administration with
Federal, State, Tribal, local, nonprofit, private industry, or academic partners
in order to increase the coordinated acquisition, processing, stewardship, and
archival of new ocean and coastal mapping data in United States waters.
``(b) Rules.--The Administrator shall develop administrative and procedural
rules for the ocean and coastal mapping Federal funding match opportunity
developed under subsection (a), to include--
``(1) specific and detailed criteria that must be addressed by an
applicant, such as geographic overlap with preestablished priorities,
number and type of project partners, benefit to the applicant,
coordination with other funding opportunities, and benefit to the
public;
``(2) determination of the appropriate funding match amounts and
mechanisms to use, such as grants, agreements, or contracts; and
``(3) other funding award criteria as are necessary or appropriate
to ensure that evaluations of proposals and decisions to award funding
under this section are based on objective standards applied fairly and
equitably to those proposals.
``(c) Geospatial Services and Contract Vehicles.--The ocean and coastal
mapping Federal funding match opportunity developed under subsection (a) shall
leverage Federal expertise and capacities for geospatial services and Federal
geospatial contract vehicles using the private sector for acquisition
efficiencies.
``SEC. 12207. AGREEMENTS AND FINANCIAL ASSISTANCE.
``(a) Agreements.--Subject to the availability of appropriations for such
purpose, the head of a Federal agency that is represented on the Interagency
Committee on Ocean and Coastal Mapping may enter into agreements with any other
agency that is so represented to provide, on a reimbursable or nonreimbursable
basis, facilities, equipment, services, personnel, and other support services to
carry out the purposes of this subtitle.
``(b) Financial Assistance.--The Administrator may make financial assistance
awards (grants of cooperative agreements) to any State or subdivision thereof or
any public or private organization or individual to carry out the purposes of
this subtitle.''.
(f) Authorization of Appropriations.--Section 12209 of such Act, as
redesignated by subsection (e)(1), is amended--
(1) in subsection (a), by striking ``this subtitle'' and all that
follows and inserting ``this subtitle $45,000,000 for each of fiscal
years 2023 through 2028.'';
(2) in subsection (b), by striking ``this subtitle'' and all that
follows and inserting ``this subtitle $15,000,000 for each of fiscal
years 2023 through 2028.'';
(3) by striking subsection (c); and
(4) by inserting after subsection (b) the following:
``(c) Ocean and Coastal Mapping Federal Funding Opportunity.--Of amounts
authorized pursuant to subsection (a), $20,000,000 is authorized to carry out
section 12206.''.
(g) Definitions.--
(1) Ocean and coastal mapping.--Paragraph (5) of section 12210 of
such Act, as redesignated by subsection (e)(1), is amended by striking
``processing, and management'' and inserting ``processing, management,
maintenance, interpretation, certification, and dissemination''.
(2) Coastal indian tribe.--Section 12210 of such Act, as
redesignated by subsection (e)(1), is amended by adding at the end the
following:
``(9) Coastal indian tribe.--The term `coastal Indian Tribe' means
an `Indian Tribe', as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304), the land of
which is located in a coastal State.''.
(h) Clerical Amendments.--The table of contents in section 1(b) of the
Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 991) is
amended by striking the items relating to sections 12206 through 12208 and
inserting the following:
``Sec. 12206. Ocean and coastal mapping Federal funding opportunity.
``Sec. 12207. Cooperative agreements, contracts, and grants.
``Sec. 12208. Effect on other laws.
``Sec. 12209. Authorization of appropriations.
``Sec. 12210. Definitions.''.
SEC. 10308. MODIFICATIONS TO HYDROGRAPHIC SERVICES IMPROVEMENT ACT OF 1998.
(a) Definitions.--Section 302(4)(A) of the Hydrographic Services Improvement
Act of 1998 (33 U.S.C. 892(4)(A)) is amended by inserting ``hydrodynamic
forecast and datum transformation models,'' after ``nautical information
databases,''.
(b) Functions of the Administrator.--Section 303(b) of such Act (33 U.S.C.
892a(b)) is amended--
(1) in the matter preceding paragraph (1), by inserting ``precision
navigation,'' after ``promote''; and
(2) in paragraph (2)--
(A) by inserting ``and hydrodynamic forecast models'' after
``monitoring systems'';
(B) by inserting ``and provide foundational information and
services required to support coastal resilience planning for
coastal transportation and other infrastructure, coastal
protection and restoration projects, and related activities''
after ``efficiency''; and
(C) by striking ``; and'' and inserting a semicolon.
(c) Quality Assurance Program.--Section 304(a) of such Act (33 U.S.C.
892b(a)) is amended by striking ``product produced'' and inserting ``product or
service produced or disseminated''.
(d) Authorization of Appropriations.--Section 306(a) of such Act (33 U.S.C.
892d(a)) is amended--
(1) in paragraph (1), by striking ``$70,814,000 for each of fiscal
years 2019 through 2023'' and inserting ``$71,000,000 for each of fiscal
years 2023 through 2028'';
(2) in paragraph (2), by striking ``$25,000,000 for each of fiscal
years 2019 through 2023'' and inserting ``$34,000,000 for each of fiscal
years 2023 through 2028'';
(3) in paragraph (3), by striking ``$29,932,000 for each of fiscal
years 2019 through 2023'' and inserting ``$38,000,000 for each of fiscal
years 2023 through 2028'';
(4) in paragraph (4), by striking ``$26,800,000 for each of fiscal
years 2019 through 2023'' and inserting ``$45,000,000 for each of fiscal
years 2023 through 2028''; and
(5) in paragraph (5), by striking ``$30,564,000 for each of fiscal
years 2019 through 2023'' and inserting ``$35,000,000 for each of fiscal
years 2023 through 2028''.
TITLE CIV--MARINE MAMMAL RESEARCH AND RESPONSE
SEC. 10401. DATA COLLECTION AND DISSEMINATION.
Section 402 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421a) is
amended--
(1) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``or entangled'' after
``stranded'';
(B) in paragraph (3)--
(i) by striking ``strandings,'' and inserting
``strandings and entanglements, including unusual
mortality events,'';
(ii) by inserting ``stranding'' before ``region'';
and
(iii) by striking ``marine mammals; and'' and
inserting ``marine mammals and entangled marine mammals
to allow comparison of the causes of illness and deaths
in stranded marine mammals and entangled marine mammals
with physical, chemical, and biological environmental
parameters; and''; and
(C) in paragraph (4), by striking ``analyses, that would
allow comparison of the causes of illness and deaths in stranded
marine mammals with physical, chemical, and biological
environmental parameters.'' and inserting ``analyses.''; and
(2) by striking subsection (c) and inserting the following:
``(c) Information Required To Be Submitted and Collected.--
``(1) In general.--After each response to a stranding or
entanglement event, the Secretary shall collect (including from any
staff of the National Oceanic and Atmospheric Administration that
respond directly to such an event), and shall require each stranding
network participant who responds to that stranding or entanglement to
submit to the Administrator of the National Oceanic and Atmospheric
Administration or the Director of the United States Fish and Wildlife
Service--
``(A) data on the stranding event, including NOAA Form 89-
864 (OMB #0648-0178), NOAA Form 89-878 (OMB #0648-0178), similar
successor forms, or similar information in an appropriate format
required by the United States Fish and Wildlife Service for
species under its management authority;
``(B) supplemental data to the data described in
subparagraph (A), which may include, as available, relevant
information about--
``(i) weather and tide conditions;
``(ii) offshore human, predator, or prey activity;
``(iii) morphometrics;
``(iv) behavior;
``(v) health assessments;
``(vi) life history samples; or
``(vii) stomach and intestinal contents; and
``(C) data and results from laboratory analysis of tissues,
which may include, as appropriate and available--
``(i) histopathology;
``(ii) toxicology;
``(iii) microbiology;
``(iv) virology; or
``(v) parasitology.
``(2) Timeline.--A stranding network participant shall submit--
``(A) the data described in paragraph (1)(A) not later than
30 days after the date of a response to a stranding or
entanglement event;
``(B) the compiled data described in paragraph (1)(B) not
later than 30 days after the date on which the data is available
to the stranding network participant; and
``(C) the compiled data described in paragraph (1)(C) not
later than 30 days after the date on which the laboratory
analysis has been reported to the stranding network participant.
``(3) Online data input system.--The Secretary, acting through the
Under Secretary of Commerce for Oceans and Atmosphere, in consultation
with the stranding network and the Office of Evaluation Sciences of the
General Services Administration, shall establish an online system for
the purposes of efficient and timely submission of data described in
paragraph (1).
``(d) Availability of Data.--
``(1) In general.--The Secretary shall develop a program to make
information, including any data and metadata collected under paragraph
(3) or (4) of subsection (b) or subsection (c), available to
researchers, stranding network participants, and the public--
``(A) to improve real-time coordination of response to
stranding and entanglement events across geographic areas and
between stranding coordinators;
``(B) to identify and quickly disseminate information on
potential public health risks;
``(C) to facilitate integrated interdisciplinary research;
``(D) to facilitate peer-reviewed publications;
``(E) to archive regional data into 1 national database for
future analyses; and
``(F) for education and outreach activities.
``(2) Access to data.--The Secretary shall ensure that any data or
metadata collected under subsection (c)--
``(A) by staff of the National Oceanic and Atmospheric
Administration or the United States Fish and Wildlife Service
that responded directly to a stranding or entanglement event is
available to the public through the Health MAP and the
Observation System not later than 30 days after that data or
metadata is collected by, available to, or reported to the
Secretary; and
``(B) by a stranding network participant that responded
directly to a stranding or entanglement event is made available
to the public through the Health MAP and the Observation System
2 years after the date on which that data are submitted to the
Secretary under subsection (c).
``(3) Exceptions.--
``(A) Written release.--Notwithstanding paragraph (2)(B),
the Secretary may make data described in paragraph (2)(B)
publicly available earlier than 2 years after the date on which
that data are submitted to the Secretary under subsection (c),
if the stranding network participant has completed a written
release stating that such data may be made publicly available.
``(B) Law enforcement.--Notwithstanding paragraph (2), the
Secretary may withhold data for a longer period than the period
of time described in paragraph (2) in the event of a law
enforcement action or legal action that may be related to that
data.
``(e) Standards.--The Secretary, in consultation with the marine mammal
stranding community, shall--
``(1) make publicly available guidance about uniform data and
metadata standards to ensure that data collected in accordance with this
section can be archived in a form that is readily accessible and
understandable to the public through the Health MAP and the Observation
System; and
``(2) periodically update such guidance.
``(f) Management Policy.--In collaboration with the regional stranding
networks, the Secretary shall develop, and periodically update, a data
management and public outreach collaboration policy for stranding or
entanglement events.
``(g) Authorship Agreements and Acknowledgment Policy.--The Secretary,
acting through the Under Secretary of Commerce for Oceans and Atmosphere, shall
include authorship agreements or other acknowledgment considerations for use of
data by the public, as determined by the Secretary.
``(h) Savings Clause.--The Secretary shall not require submission of
research data that are not described in subsection (c).''.
SEC. 10402. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.
(a) In General.--Section 403 of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1421b) is amended--
(1) in the section heading by inserting ``or entanglement'' before
``response'';
(2) in subsection (a), by striking the period at the end and
inserting ``or entanglement.''; and
(3) in subsection (b)--
(A) in paragraph (1), by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) include a description of the data management and public
outreach policy established under section 402(f).''.
(b) Table of Contents Amendment.--The table of contents in the first section
of the Marine Mammal Protection Act of 1972 (Public Law 92-522; 86 Stat. 1027)
is amended by striking the item related to section 403 and inserting the
following:
``Sec. 403. Stranding or entanglement response agreements.''.
SEC. 10403. UNUSUAL MORTALITY EVENT ACTIVITY FUNDING.
Section 405(b) the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421d(b))
is amended to read as follows:
``(b) Uses.--Amounts in the Fund shall be available only for use by the
Secretary, in consultation with the Secretary of the Interior, and dispersed
among claimants based on budgets approved by the Secretary prior to
expenditure--
``(1) to make advance, partial, or progress payments under contracts
or other funding mechanisms for property, supplies, salaries, services,
and travel costs incurred in acting in accordance with the contingency
plan issued under section 404(b) or under the direction of an Onsite
Coordinator for an unusual mortality event designated under section
404(a)(2)(B)(iii);
``(2) for reimbursing any stranding network participant for costs
incurred in the collection, preparation, analysis, and transportation of
marine mammal tissues and samples collected with respect to an unusual
mortality event for the Tissue Bank; and
``(3) for the care and maintenance of a marine mammal seized under
section 104(c)(2)(D); and''.
SEC. 10404. LIABILITY.
Section 406(a) of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1421e(a)) is amended, in the matter preceding paragraph (1)--
(1) by inserting ``or entanglement'' after ``to a stranding''; and
(2) by striking ``government'' and inserting ``Government''.
SEC. 10405. NATIONAL MARINE MAMMAL TISSUE BANK AND TISSUE ANALYSIS.
Section 407 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421f) is
amended--
(1) in subsection (c)(2)(A), by striking ``the health of marine
mammals and'' and inserting ``marine mammal health and mortality and the
health of''; and
(2) in subsection (d), in the matter preceding paragraph (1), by
inserting ``public'' before ``access''.
SEC. 10406. MARINE MAMMAL RESCUE AND RESPONSE GRANT PROGRAM AND RAPID RESPONSE
FUND.
(a) In General.--Section 408 of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1421f-1) is amended--
(1) by striking the section heading and inserting ``marine mammal
rescue and response grant program and rapid response fund'';
(2) by striking subsections (a) through (d) and subsections (f)
through (h);
(3) by redesignating subsection (e) as subsection (f); and
(4) by inserting before subsection (f), as redesignated by paragraph
(3), the following:
``(a) Definitions.--In this section:
``(1) Emergency assistance.--
``(A) In general.--The term `emergency assistance' means--
``(i) financial assistance provided to respond to,
or that results from, a stranding event or entanglement
event that--
``(I) causes an immediate increase in the
cost of a response, recovery, or rehabilitation
that is greater than the usual cost of a
response, recovery, or rehabilitation;
``(II) is cyclical or endemic; or
``(III) involves a marine mammal that is out
of the normal range for that marine mammal; or
``(ii) financial assistance provided to respond to,
or that results from, a stranding event or an
entanglement event that--
``(I) the applicable Secretary considers to
be an emergency; or
``(II) with the concurrence of the
applicable Secretary, a State, territorial, or
Tribal Government considers to be an emergency.
``(B) Exclusions.--The term `emergency assistance' does not
include financial assistance to respond to an unusual mortality
event.
``(2) Secretary.--The term `Secretary' has the meaning given that
term in section 3(12)(A).
``(3) Stranding region.--The term `stranding region' means a
geographic region designated by the applicable Secretary for purposes of
administration of this title.
``(b) John H. Prescott Marine Mammal Rescue and Response Grant Program.--
``(1) In general.--The applicable Secretary shall carry out a grant
program, to be known as the `John H. Prescott Marine Mammal Rescue and
Response Grant Program' (referred to in this section as the `grant
program'), to award grants to eligible stranding network participants or
stranding network collaborators, as described in this subsection.
``(2) Purposes.--The purposes of the grant program are to provide
for--
``(A) the recovery, care, or treatment of sick, injured, or
entangled marine mammals;
``(B) responses to marine mammal stranding events that
require emergency assistance;
``(C) the collection of data and samples from living or dead
stranded marine mammals for scientific research or assessments
regarding marine mammal health;
``(D) facility operating costs that are directly related to
activities described in subparagraph (A), (B), or (C); and
``(E) development of stranding network capacity, including
training for emergency response, where facilities do not exist
or are sparse.
``(3) Contract, grant, and cooperative agreement authority.--
``(A) In general.--The applicable Secretary may enter into a
contract, grant, or cooperative agreement with any eligible
stranding network participant or stranding network collaborator,
as the Secretary determines to be appropriate, for the purposes
described in paragraph (2).
``(B) Emergency award flexibility.--Following a request for
emergency award flexibility and analysis of the merits of and
necessity for such a request, the applicable Secretary may--
``(i) amend any contract, grant, or cooperative
agreement entered into under this paragraph, including
provisions concerning the period of performance; or
``(ii) waive the requirements under subsection (f)
for grant applications submitted during the provision of
emergency assistance.
``(4) Equitable distribution of funds.--
``(A) In general.--The Secretary shall ensure, to the extent
practicable, that funds awarded under the grant program are
distributed equitably among the stranding regions.
``(B) Considerations.--In determining priorities among the
stranding regions under this paragraph, the Secretary may
consider--
``(i) equitable distribution within the stranding
regions, including the subregions (including, but not
limited to, the Gulf of Mexico);
``(ii) any episodic stranding, entanglement, or
mortality events, except for unusual mortality events,
that occurred in any stranding region in the preceding
year;
``(iii) any data with respect to average annual
stranding, entanglements, and mortality events per
stranding region;
``(iv) the size of the marine mammal populations
inhabiting a stranding region;
``(v) the importance of the region's marine mammal
populations to the well-being of indigenous communities;
and
``(vi) the conservation of protected, depleted,
threatened, or endangered marine mammal species.
``(C) Strandings.--For the purposes of this program,
priority is to be given to applications focusing on marine
mammal strandings.
``(5) Application.--To be eligible for a grant under the grant
program, a stranding network participant shall--
``(A) submit an application in such form and manner as the
applicable Secretary prescribes; and
``(B) be in compliance with the data reporting requirements
under section 402(d) and any applicable reporting requirements
of the United States Fish and Wildlife Service for species under
its management jurisdiction.
``(6) Grant criteria.--The Secretary shall, in consultation with the
Marine Mammal Commission, a representative from each of the stranding
regions, and other individuals who represent public and private
organizations that are actively involved in rescue, rehabilitation,
release, scientific research, marine conservation, and forensic science
with respect to stranded marine mammals under that Department's
jurisdiction, develop criteria for awarding grants under their
respective grant programs.
``(7) Maximum grant amount.--No grant made under the grant program
for a single award may exceed $150,000 in any 12-month period.
``(8) Administrative costs and expenses.--The Secretary's
administrative costs and expenses related to reviewing and awarding
grants under the grant program, in any fiscal year may not exceed the
greater of--
``(A) 6 percent of the amounts made available each fiscal
year to carry out the grant program; or
``(B) $80,000.
``(9) Transparency.--The Secretary shall make publicly available a
list of grant proposals for the upcoming fiscal year, funded grants, and
requests for grant flexibility under this subsection.
``(c) Joseph R. Geraci Marine Mammal Rescue and Rapid Response Fund.--
``(1) In general.--There is established in the Treasury of the
United States an interest-bearing fund, to be known as the `Joseph R.
Geraci Marine Mammal Rescue and Rapid Response Fund' (referred to in
this section as the `Rapid Response Fund').
``(2) Use of funds.--Amounts in the Rapid Response Fund shall be
available only for use by the Secretary to provide emergency assistance.
``(d) Authorization of Appropriations.--
``(1) In general.--
``(A) Authorization of appropriations.--There is authorized
to be appropriated to carry out the grant program $7,000,000 for
each of fiscal years 2023 through 2028, to remain available
until expended, of which for each fiscal year--
``(i) $6,000,000 shall be made available to the
Secretary of Commerce; and
``(ii) $1,000,000 shall be made available to the
Secretary of the Interior.
``(B) Derivation of funds.--Funds to carry out the
activities under this section shall be derived from amounts
authorized to be appropriated pursuant to subparagraph (A) that
are enacted after the date of enactment of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023.
``(2) Joseph r. geraci marine mammal rescue and rapid response
fund.--There is authorized to be appropriated to the Rapid Response Fund
$500,000 for each of fiscal years 2023 through 2028.
``(e) Acceptance of Donations.--
``(1) In general.--For the purposes of carrying out this section,
the Secretary may solicit, accept, receive, hold, administer, and use
gifts, devises, and bequests without any further approval or
administrative action.
``(2) Monetary donations.--A monetary gift, devise, or bequest
accepted by the Secretary under paragraph (1) shall be credited as
discretionary offsetting collections to the currently applicable
appropriation, account, or fund of the Department of Commerce and shall
be made available for such purposes only to the extent and in the
amounts provided in advance in appropriations Acts.''.
(b) Technical Edits.--Section 408 of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1421f-1), as amended by subsection (a), is further amended in
subsection (f), as redesignated by subsection (a)(3)--
(1) in paragraph (1)--
(A) by striking ``the costs of an activity conducted with a
grant under this section shall be'' and inserting ``a project
conducted with funds awarded under the grant program under this
section shall be not less than''; and
(B) by striking ``such costs'' and inserting ``such
project''; and
(2) in paragraph (2)--
(A) by striking ``an activity'' and inserting ``a project'';
and
(B) by striking ``the activity'' and inserting ``the
project''.
(c) Table of Contents Amendment.--The table of contents in the first section
of the Marine Mammal Protection Act of 1972 (Public Law 92-522; 86 Stat. 1027)
(as amended by section 5503(b)) is amended by striking the item related to
section 408 and inserting the following:
``Sec. 408. Marine Mammal Rescue and Response Grant Program and Rapid
Response Fund.''.
SEC. 10407. HEALTH MAP.
(a) In General.--Title IV of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1421 et seq.) is amended by inserting after section 408 the following:
``SEC. 408A. MARINE MAMMAL HEALTH MONITORING AND ANALYSIS PLATFORM (HEALTH MAP).
``(a) In General.--Not later than 1 year after the date of enactment of the
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, the
Secretary, acting through the Administrator of the National Oceanic and
Atmospheric Administration, in consultation with the Secretary of the Interior
and the Marine Mammal Commission, shall--
``(1) establish a marine mammal health monitoring and analysis
platform (referred to in this Act as the `Health MAP');
``(2) incorporate the Health MAP into the Observation System; and
``(3) make the Health MAP--
``(A) publicly accessible through the web portal of the
Observation System; and
``(B) interoperable with other national data systems or
other data systems for management or research purposes, as
practicable.
``(b) Purposes.--The purposes of the Health MAP are--
``(1) to promote--
``(A) interdisciplinary research among individuals with
knowledge and experience in marine mammal science, marine mammal
veterinary and husbandry practices, medical science, and
oceanography, and with other marine scientists;
``(B) timely and sustained dissemination and availability of
marine mammal health, stranding, entanglement, and mortality
data;
``(C) identification of spatial and temporal patterns of
marine mammal mortality, disease, and stranding;
``(D) evaluation of marine mammal health in terms of
mortality, as well as sublethal marine mammal health impacts;
``(E) improved collaboration and forecasting of marine
mammal and larger ecosystem health events;
``(F) rapid communication and dissemination of information
regarding marine mammal strandings that may have implications
for human health, such as those caused by harmful algal blooms;
and
``(G) increased accessibility of data in a user friendly
visual interface for public education and outreach; and
``(2) to contribute to an ocean health index that incorporates
marine mammal health data.
``(c) Requirements.--The Health MAP shall--
``(1) integrate in situ, remote, and other marine mammal health,
stranding, and mortality data, including visualizations and metadata,
collected by marine mammal stranding networks, Federal, State, local,
and Tribal governments, private partners, and academia; and
``(2) be designed--
``(A) to enhance data and information availability,
including data sharing among stranding network participants,
scientists, and the public within and across stranding network
regions;
``(B) to facilitate data and information access across
scientific disciplines, scientists, and managers;
``(C) to facilitate public access to national and regional
marine mammal health, stranding, entanglement, and mortality
data, including visualizations and metadata, through the
national and regional data portals of the Observation System;
and
``(D) in collaboration with, and with input from, States and
stranding network participants.
``(d) Procedures and Guidelines.--The Secretary shall establish and
implement policies, protocols, and standards for--
``(1) reporting marine mammal health data collected by stranding
networks consistent with subsections (c) and (d) of section 402;
``(2) promptly transmitting health data from the stranding networks
and other appropriate data providers to the Health MAP;
``(3) disseminating and making publicly available data on marine
mammal health, stranding, entanglement, and mortality data in a timely
and sustained manner; and
``(4) integrating additional marine mammal health, stranding, or
other relevant data as the Secretary determines appropriate.
``(e) Consultation.--The Administrator of the National Oceanic and
Atmospheric Administration shall maintain and update the Health MAP in
consultation with the Secretary of the Interior and the Marine Mammal
Commission.
``(f) Acceptance of Donations.--
``(1) In general.--For the purposes of carrying out this section,
the Secretary may solicit, accept, receive, hold, administer, and use
gifts, devises, and bequests without any further approval or
administrative action.
``(2) Monetary donations.--A monetary gift, devise, or bequest
accepted by the Secretary under paragraph (1) shall be credited as
discretionary offsetting collections to the currently applicable
appropriation, account, or fund of the Department of Commerce and shall
be made available for such purposes only to the extent and in the
amounts provided in advance in appropriations Acts.''.
(b) Table of Contents Amendment.--The table of contents in the first section
of the Marine Mammal Protection Act of 1972 (Public Law 92-522; 86 Stat. 1027)
(as amended by section 5507(b)) is amended by inserting after the item related
to section 408 the following:
``Sec. 408A. Marine Mammal Health Monitoring and Analysis Platform
(Health MAP).''.
SEC. 10408. REPORTS TO CONGRESS.
(a) In General.--Title IV of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1421 et seq.) (as amended by section 5508(a)) is amended by inserting
after section 408A the following:
``SEC. 408B. REPORTS TO CONGRESS.
``(a) Definition of Appropriate Committees of Congress.--In this section,
the term `appropriate committees of Congress' means--
``(1) the Committee on Commerce, Science, and Transportation of the
Senate;
``(2) the Committee on Environment and Public Works of the Senate;
``(3) the Committee on Natural Resources of the House of
Representatives; and
``(4) the Committee on Science, Space, and Technology of the House
of Representatives.
``(b) Health MAP Status Report.--
``(1) In general.--Not later than 2 years after the date of
enactment of the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023, the Administrator of the National Oceanic and
Atmospheric Administration, in consultation with the Marine Mammal
Commission, the Secretary of the Interior, and the National Ocean
Research Leadership Council, shall submit to the appropriate committees
of Congress a report describing the status of the Health MAP.
``(2) Requirements.--The report under paragraph (1) shall include--
``(A) a detailed evaluation of the data made publicly
available through the Health MAP;
``(B) a detailed list of any gaps in data collected pursuant
to the Health MAP, a description of the reasons for those gaps,
and recommended actions to close those gaps;
``(C) an analysis of the effectiveness of using the website
of the Observation System as the platform to collect, organize,
visualize, archive, and disseminate marine mammal stranding and
health data;
``(D) a list of publications, presentations, or other
relevant work product resulting from, or produced in
collaboration with, the Health MAP;
``(E) a description of emerging marine mammal health
concerns and the applicability of those concerns to human
health;
``(F) an analysis of the feasibility of the Observation
System being used as an alert system during stranding events,
entanglement events, and unusual mortality events for the
stranding network, Observation System partners, Health MAP
partners, Federal and State agencies, and local and Tribal
governments;
``(G) an evaluation of the use of Health MAP data to predict
broader ecosystem events and changes that may impact marine
mammal or human health and specific examples of proven or
potential uses of Observation System data for those purposes;
and
``(H) recommendations for the Health MAP with respect to--
``(i) filling any identified data gaps;
``(ii) standards that could be used to improve data
quality, accessibility, transmission, interoperability,
and sharing;
``(iii) any other strategies that would contribute
to the effectiveness and usefulness of the Health MAP;
and
``(iv) the funding levels needed to maintain and
improve the Health MAP.
``(c) Data Gap Analysis.--
``(1) In general.--Not later than 5 years after the date on which
the report required under subsection (b)(1) is submitted, and every 10
years thereafter, the Administrator of the National Oceanic and
Atmospheric Administration, in consultation with the Marine Mammal
Commission and the Director of the United States Fish and Wildlife
Service, shall--
``(A) make publicly available a report on the data gap
analysis described in paragraph (2); and
``(B) provide a briefing to the appropriate committees of
Congress concerning that data gap analysis.
``(2) Requirements.--The data gap analysis under paragraph (1) shall
include--
``(A) an overview of existing participants within a marine
mammal stranding network;
``(B) an identification of coverage needs and participant
gaps within a network;
``(C) an identification of data and reporting gaps from
members of a network; and
``(D) an analysis of how stranding and health data are
shared and made available to scientists, academics, State,
local, and Tribal governments, and the public.
``(d) Marine Mammal Response Capabilities in the Arctic.--
``(1) In general.--Not later than 1 year after the date of enactment
of the James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023, the Administrator of the National Oceanic and Atmospheric
Administration, the Director of the United States Fish and Wildlife
Service, and the Director of the United States Geologic Survey, in
consultation with the Marine Mammal Commission, shall--
``(A) make publicly available a report describing the
response capabilities for sick and injured marine mammals in the
Arctic regions of the United States; and
``(B) provide a briefing to the appropriate committees of
Congress on that report.
``(2) Arctic.--The term `Arctic' has the meaning given the term in
section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C.
4111).
``(3) Requirements.--The report under paragraph (1) shall include--
``(A) a description, developed in consultation with the Fish
and Wildlife Service of the Department of the Interior, of all
marine mammal stranding agreements in place for the Arctic
region of the United States, including species covered, response
capabilities, facilities and equipment, and data collection and
analysis capabilities;
``(B) a list of State and local government agencies that
have personnel trained to respond to marine mammal strandings in
the Arctic region of the United States;
``(C) an assessment of potential response and data
collection partners and sources of local information and
knowledge, including Alaska Native people and villages;
``(D) an analysis of spatial and temporal trends in marine
mammal strandings and unusual mortality events that are
correlated with changing environmental conditions in the Arctic
region of the United States;
``(E) a description of training and other resource needs to
meet emerging response requirements in the Arctic region of the
United States;
``(F) an analysis of oiled marine mammal response and
rehabilitation capabilities in the Arctic region of the United
States, including personnel, equipment, facilities, training,
and husbandry capabilities, and an assessment of factors that
affect response and rehabilitation success rates; and
``(G) recommendations to address future stranding response
needs for marine mammals in the Arctic region of the United
States.''.
(b) Table of Contents Amendment.--The table of contents in the first section
of the Marine Mammal Protection Act of 1972 (Public Law 92-522; 86 Stat. 1027)
(as amended by section 5508(b)) is amended by inserting after the item related
to section 408A the following:
``Sec. 408B. Reports to Congress.''.
SEC. 10409. AUTHORIZATION OF APPROPRIATIONS.
Section 409 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421g) is
amended--
(1) in paragraph (1), by striking ``1993 and 1994;'' and inserting
``2023 through 2028;'';
(2) in paragraph (2), by striking ``1993 and 1994;'' and inserting
``2023 through 2028;''; and
(3) in paragraph (3), by striking ``fiscal year 1993.'' and
inserting ``for each of fiscal years 2023 through 2028.''.
SEC. 10410. DEFINITIONS.
Section 410 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421h) is
amended--
(1) by redesignating paragraphs (1) through (6) as paragraphs (2),
(5), (6), (7), (8), and (9), respectively;
(2) by inserting before paragraph (2) (as so redesignated) the
following:
``(1) The term `entangle' or `entanglement' means an event in the
wild in which a living or dead marine mammal has gear, rope, line, net,
or other material wrapped around or attached to the marine mammal and
is--
``(A) on lands under the jurisdiction of the United States,
including beaches and shorelines; or
``(B) in waters under the jurisdiction of the United States,
including any navigable waters.'';
(3) in paragraph (2) (as so redesignated) by striking ``The term''
and inserting ``Except as used in section 408, the term'';
(4) by inserting after paragraph (2) (as so redesignated) the
following:
``(3) The term `Health MAP' means the Marine Mammal Health
Monitoring and Analysis Platform established under section 408A(a)(1).
``(4) The term `Observation System' means the National Integrated
Coastal and Ocean Observation System established under section 12304 of
the Integrated Coastal and Ocean Observation System Act of 2009 (33
U.S.C. 3603).''.
SEC. 10411. STUDY ON MARINE MAMMAL MORTALITY.
(a) In General.--Not later than 12 months after the date of enactment of
this Act, the Undersecretary of Commerce for Oceans and Atmosphere shall, in
consultation with the Secretary of the Interior and the Marine Mammal
Commission, conduct a study evaluating the connections among marine heat waves,
frequency and intensity of harmful algal blooms, prey availability, and habitat
degradation, and the impacts of these conditions on marine mammal mortality.
(b) Report.--The Undersecretary of Commerce for Oceans and Atmosphere, in
consultation with the Secretary of the Interior and the Marine Mammal
Commission, shall prepare, post to a publicly available website, and brief the
appropriate committees of Congress on, a report containing the results of the
study described in subsection (a). The report shall identify priority research
activities, opportunities for collaboration, and current gaps in effort and
resource limitations related to advancing scientific understanding of how ocean
heat waves, harmful algae blooms, availability of prey, and habitat degradation
impact marine mammal mortality. The report shall include recommendations for
policies needed to mitigate and respond to mortality events.
TITLE CV--VOLCANIC ASH AND FUMES
SEC. 10501. MODIFICATIONS TO NATIONAL VOLCANO EARLY WARNING AND MONITORING
SYSTEM.
(a) Definitions.--Subsection (a) of section 5001 of the John D. Dingell, Jr.
Conservation, Management, and Recreation Act (43 U.S.C. 31k) is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following:
``(2) Secretary of commerce.--The term `Secretary of Commerce' means
the Secretary of Commerce, acting through the Under Secretary of
Commerce for Oceans and Atmosphere.''; and
(3) by adding at the end the following:
``(4) Volcanic ash advisory center.--The term `Volcanic Ash Advisory
Center' means an entity designated by the International Civil Aviation
Organization that is responsible for informing aviation interests about
the presence of volcanic ash in the airspace.''.
(b) Purposes.--Subsection (b)(1)(B) of such section is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following:
``(iii) to strengthen the warning and monitoring
systems of volcano observatories in the United States by
integrating relevant capacities of the National Oceanic
and Atmospheric Administration, including with the
Volcanic Ash Advisory Centers located in Anchorage,
Alaska, and Washington, D.C., to observe and model
emissions of gases, aerosols, and ash, atmospheric
dynamics and chemistry, and ocean chemistry resulting
from volcanic eruptions.''.
(c) System Components.--Subsection (b)(2) of such section is amended--
(1) in subparagraph (B)--
(A) by striking ``and'' before ``spectrometry''; and
(B) by inserting ``, and unoccupied aerial vehicles'' after
``emissions''; and
(2) by adding at the end the following:
``(C) Memorandum of understanding.--The Secretary and the
Secretary of Commerce shall develop and execute a memorandum of
understanding to establish cooperative support for the
activities of the System from the National Oceanic and
Atmospheric Administration, including environmental
observations, modeling, and temporary duty assignments of
personnel to support emergency activities, as necessary or
appropriate.''.
(d) Management.--Subsection (b)(3) of such section is amended--
(1) in subparagraph (A), by adding at the end the following:
``(iii) Update.--
``(I) National oceanic and atmospheric
administration cost estimates.--The Secretary of
Commerce shall submit to the Secretary annual
cost estimates for modernization activities and
support of the System for the National Oceanic
and Atmospheric Administration.
``(II) Update of management plan.--The
Secretary shall update the management plan
submitted under clause (i) to include the cost
estimates submitted under subclause (I).''; and
(2) by adding at the end the following:
``(E) Collaboration.--The Secretary of Commerce shall
collaborate with the Secretary to implement activities carried
out under this section related to the expertise of the National
Oceanic and Atmospheric Administration, including observations
and modeling of emissions of gases, aerosols, and ash,
atmospheric dynamics and chemistry, and ocean chemistry
resulting from volcanic eruptions.''.
(e) Funding.--Subsection (c) of such section is amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by inserting ``, united states
geological survey'' after ``appropriations''; and
(B) by inserting ``to the United States Geological Survey''
after ``appropriated'';.
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Authorization of appropriations, national oceanic and
atmospheric administration.--There is authorized to be appropriated to
the National Oceanic and Atmospheric Administration to carry out this
section such sums as may be necessary for the period of fiscal years
2023 through 2024.''; and
(4) in paragraph (3), as redesignated by paragraph (2)--
(A) by striking ``United States Geological Survey''; and
(B) by inserting ``of the United States Geological Survey
and the National Oceanic and Atmospheric Administration'' after
``programs''.
(f) Implementation Plan.--
(1) Development of plan.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Commerce, in consultation
with the Secretary of the Interior, shall develop a plan to implement
the amendments made by this Act during the 5-year period beginning on
the date on which the plan is developed.
(2) Elements.--The plan developed under paragraph (1) shall include
an estimate of the cost and schedule required for the implementation
described in such paragraph.
(3) Public availability.--Upon completion of the plan developed
under paragraph (1), the Secretary of Commerce shall make the plan
publicly available.
TITLE CVI--LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS
SEC. 10601. LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS.
(a) Definitions.--In this section:
(1) Administration.--The term ``Administration'' means the National
Oceanic and Atmospheric Administration.
(2) Administrator.--The term ``Administrator'' means the Under
Secretary of Commerce for Oceans and Atmosphere and Administrator of the
National Oceanic and Atmospheric Administration.
(3) Earth prediction innovation center.--The term ``Earth Prediction
Innovation Center'' means the community global weather research modeling
system described in paragraph (5)(E) of section 102(b) of the Weather
Research Forecasting and Innovation Act of 2017 (15 U.S.C. 8512(b)), as
redesignated by this section.
(4) Model.--The term ``model'' means any vetted numerical model and
associated data assimilation of the Earth's system or its components--
(A) developed, in whole or in part, by scientists and
engineers employed by the Administration; or
(B) otherwise developed, in whole or in part, using Federal
funds.
(5) Open license.--The term ``open license'' has the same meaning
given such term in section 3502(21) of title 44, United States Code.
(6) Operational model.--The term ``operational model'' means any
model that has an output used by the Administration for operational
functions.
(7) Suitable model.--The term ``suitable model'' means a model that
meets the requirements described in paragraph (5)(E)(ii) of section
102(b) of the Weather Research Forecasting and Innovation Act of 2017
(15 U.S.C. 8512(b)), as redesignated by this title, as determined by the
Administrator.
(b) Purposes.--The purposes of this section are--
(1) to support innovation in modeling by allowing interested
stakeholders to have easy and complete access to operational model codes
and to other models, as the Administrator determines appropriate; and
(2) to use vetted innovations arising from access described in
paragraph (1) to improve modeling by the Administration.
(c) Plan and Implementation of Plan To Make Certain Models and Data
Available to the Public.--
(1) In general.--The Administrator shall develop and implement a
plan to make available to the public, at no cost and with no
restrictions on copying, publishing, distributing, citing, adapting, or
otherwise using under an open license, the following:
(A) Operational models developed by the Administration.
(B) Models that are not operational models, including
experimental and developmental models, as the Administrator
determines appropriate.
(C) Applicable information and documentation for models
described in subparagraphs (A) and (B), including a description
of intended model outputs.
(D) Subject to subsection (f), all data owned by the Federal
Government and data that the Administrator has the legal right
to redistribute that are associated with models made available
to the public pursuant to the plan and used in operational
forecasting by the Administration, including--
(i) relevant metadata; and
(ii) data used for operational models used by the
Administration as of the date of the enactment of this
Act.
(2) Accommodations.--In developing and implementing the plan under
paragraph (1), the Administrator may make such accommodations as the
Administrator considers appropriate to ensure that the public release of
any model, information, documentation, or data pursuant to the plan do
not jeopardize--
(A) national security;
(B) intellectual property or redistribution rights,
including under titles 17 and 35, United States Code;
(C) any trade secret or commercial or financial information
subject to section 552(b)(4) of title 5, United States Code;
(D) any models or data that are otherwise restricted by
contract or other written agreement; or
(E) the mission of the Administration to protect lives and
property.
(3) Priority.--In developing and implementing the plan under
paragraph (1), the Administrator shall prioritize making available to
the public the models described in paragraph (1)(A).
(4) Protections for privacy and statistical information.--In
developing and implementing the plan under subsection (a), the
Administrator shall ensure that all requirements incorporated into any
models described in paragraph (1)(A) ensure compliance with statistical
laws and other relevant data protection requirements, including the
protection of any personally identifiable information.
(5) Exclusion of certain models.--In developing and implementing the
plan under paragraph (1), the Administrator may exclude models that the
Administrator determines will be retired or superseded in fewer than 5
years after the date of the enactment of this Act.
(6) Platforms.--In carrying out paragraphs (1) and (2), the
Administrator may use government servers, contracts or agreements with a
private vendor, or any other platform consistent with the purpose of
this title.
(7) Support program.--The Administrator shall plan for and establish
a program to support infrastructure, including telecommunications and
technology infrastructure of the Administration and the platforms
described in paragraph (6), relevant to making operational models and
data available to the public pursuant to the plan under subsection (a).
(8) Technical correction.--Section 102(b) of the Weather Research
Forecasting and Innovation Act of 2017 (15 U.S.C. 8512(b)) is amended by
redesignating the second paragraph (4) (as added by section 4(a) of the
National Integrated Drought Information System Reauthorization Act of
2018 (Public Law 115-423; 132 Stat. 5456)) as paragraph (5).
(d) Requirement To Review Models and Leverage Innovations.--The
Administrator shall--
(1) consistent with the mission of the Earth Prediction Innovation
Center, periodically review innovations and improvements made by persons
not employed by the Administration as Federal employees to the
operational models made available to the public pursuant to the plan
under subsection (c)(1) in order to improve the accuracy and timeliness
of forecasts of the Administration; and
(2) if the Administrator identifies an innovation for a suitable
model, develop and implement a plan to use the innovation to improve the
model.
(e) Report on Implementation.--
(1) In general.--Not later than 2 years after the date of the
enactment of this Act, the Administrator shall submit to the appropriate
congressional committees a report on the implementation of this section
that includes a description of--
(A) the implementation of the plan required by subsection
(c);
(B) the process of the Administration under subsection (d)--
(i) for engaging with interested stakeholders to
learn what innovations those stakeholders have found;
(ii) for reviewing those innovations; and
(iii) for operationalizing innovations to improve
suitable models; and
(C) the use of any Federal financial assistance, including
under section 24 of the Stevenson-Wydler Technology Innovation
Act of 1990 (15 U.S.C. 3719) or the Crowdsourcing and Citizen
Science Act (15 U.S.C. 3724), in order to facilitate and
incentivize the sharing of externally developed improvements for
testing, evaluation, validation, and application to further
improve the mission of the Administration, and any other
Administration priorities.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and Transportation
and the Committee on Appropriations of the Senate; and
(B) the Committee on Science, Space, and Technology and the
Committee on Appropriations of the House of Representatives.
(f) Protection of National Security Interests.--
(1) In general.--Notwithstanding any other provision of this
section, for models developed in whole or in part with the Department of
Defense, the Administrator, in consultation with the Secretary of
Defense, as appropriate, shall withhold any model or data if the
Administrator or the Secretary of Defense determines doing so to be
necessary to protect the national security interests of the United
States.
(2) Rule of construction.--Nothing in this section shall be
construed to supersede any other provision of law governing the
protection of the national security interests of the United States.
(g) Authorization of Appropriations.--There is authorized to be appropriated
to carry out this section $2,000,000 for each of fiscal years 2023 through 2027.
DIVISION K--DON YOUNG COAST GUARD AUTHORIZATION ACT OF 2022
SEC. 11001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Don Young Coast Guard
Authorization Act of 2022''.
(b) Table of Contents.--The table of contents for this division is as
follows:
Sec. 11001. Short title; table of contents.
Sec. 11002. Definitions.
Sec. 11003. Rule of construction.
TITLE CXI--AUTHORIZATIONS
Sec. 11101. Authorization of appropriations.
Sec. 11102. Authorized levels of military strength and training.
Sec. 11103. Authorization for certain programs and services.
Sec. 11104. Availability of amounts for acquisition of additional
vessels.
Sec. 11105. Shoreside infrastructure and facilities.
Sec. 11106. Coast Guard yard resilient infrastructure and construction
improvement.
TITLE CXII--COAST GUARD
Subtitle A--Infrastructure and Assets
Sec. 11201. Report on shoreside infrastructure and facilities projects.
Sec. 11202. Report and briefing on resourcing strategy for Western
Pacific region.
Sec. 11203. Study and report on national security and drug trafficking
threats in Florida Straits, Cuba, and
Caribbean region.
Sec. 11204. Coast Guard Yard.
Sec. 11205. Authority to enter into transactions other than contracts
and grants to procure cost-effective
technology for mission needs.
Sec. 11206. Improvements to infrastructure and operations planning.
Sec. 11207. Aqua alert notification system pilot program.
Sec. 11208. Pilot project for enhancing Coast Guard cutter readiness
through condition-based maintenance.
Sec. 11209. Study on laydown of Coast Guard Cutters.
Sec. 11210. Acquisition life-cycle cost estimates.
Sec. 11211. Disposition of infrastructure related to E-LORAN.
Subtitle B--Great Lakes
Sec. 11212. Great Lakes winter commerce.
Sec. 11213. Database on icebreaking operations in Great Lakes.
Sec. 11214. Center of expertise for Great Lakes oil spill search and
response.
Sec. 11215. Great Lakes snowmobile acquisition plan.
Sec. 11216. Great Lakes barge inspection exemption.
Sec. 11217. Study on sufficiency of Coast Guard aviation assets to meet
mission demands.
Subtitle C--Arctic
Sec. 11218. Establishment of medium icebreaker program office.
Sec. 11219. Arctic activities.
Sec. 11220. Study on Arctic operations and infrastructure.
Sec. 11221. Pribilof Island transition completion actions.
Sec. 11222. Report on shipyards of Finland and Sweden.
Sec. 11223. Acquisition of icebreaker.
Subtitle D--Maritime Cyber and Artificial Intelligence
Sec. 11224. Enhancing maritime cybersecurity.
Sec. 11225. Establishment of unmanned system program and autonomous
control and computer vision technology
project.
Sec. 11226. Artificial intelligence strategy.
Sec. 11227. Review of artificial intelligence applications and
establishment of performance metrics.
Sec. 11228. Cyber data management.
Sec. 11229. Data management.
Sec. 11230. Study on cyber threats to United States marine
transportation system.
Subtitle E--Aviation
Sec. 11231. Space-available travel on Coast Guard aircraft: program
authorization and eligible recipients.
Sec. 11232. Report on Coast Guard Air Station Barbers Point hangar.
Sec. 11233. Study on operational availability of Coast Guard aircraft
and strategy for Coast Guard Aviation.
Subtitle F--Workforce Readiness
Sec. 11234. Authorized strength.
Sec. 11235. Continuation of officers with certain critical skills on
active duty.
Sec. 11236. Number and distribution of officers on active duty
promotion list.
Sec. 11237. Career incentive pay for marine inspectors.
Sec. 11238. Expansion of ability for selection board to recommend
officers of particular merit for promotion.
Sec. 11239. Modification to education loan repayment program.
Sec. 11240. Retirement of Vice Commandant.
Sec. 11241. Report on resignation and retirement processing times and
denial.
Sec. 11242. Calculation of active service.
Sec. 11243. Physical Disability Evaluation System procedure review.
Sec. 11244. Expansion of authority for multirater assessments of
certain personnel.
Sec. 11245. Promotion parity.
Sec. 11246. Partnership program to diversify Coast Guard.
Sec. 11247. Expansion of Coast Guard Junior Reserve Officers' Training
Corps.
Sec. 11248. Improving representation of women and racial and ethnic
minorities among Coast Guard active-duty
members.
Sec. 11249. Strategy to enhance diversity through recruitment and
accession.
Sec. 11250. Support for Coast Guard Academy.
Sec. 11251. Training for congressional affairs personnel.
Sec. 11252. Strategy for retention of cuttermen.
Sec. 11253. Study on performance of Coast Guard Force Readiness
Command.
Sec. 11254. Study on frequency of weapons training for Coast Guard
personnel.
Subtitle G--Miscellaneous Provisions
Sec. 11255. Modification of prohibition on operation or procurement of
foreign-made unmanned aircraft systems.
Sec. 11256. Budgeting of Coast Guard relating to certain operations.
Sec. 11257. Report on San Diego maritime domain awareness.
Sec. 11258. Conveyance of Coast Guard vessels for public purposes.
Sec. 11259. National Coast Guard Museum funding plan.
Sec. 11260. Report on Coast Guard explosive ordnance disposal.
Sec. 11261. Transfer and conveyance.
Sec. 11262. Transparency and oversight.
Sec. 11263. Study on safety inspection program for containers and
facilities.
Sec. 11264. Operational data sharing capability.
Sec. 11265. Feasibility study on construction of Coast Guard station at
Port Mansfield.
Sec. 11266. Procurement of tethered aerostat radar system for Coast
Guard Station South Padre Island.
Sec. 11267. Prohibition on major acquisition contracts with entities
associated with Chinese Communist Party.
Sec. 11268. Review of drug interdiction equipment and standards;
testing for fentanyl during interdiction
operations.
Sec. 11269. Public availability of information on monthly migrant
interdictions.
Sec. 11270. Cargo waiting time reduction.
Sec. 11271. Study on Coast Guard oversight and investigations.
Subtitle H--Sexual Assault and Sexual Harassment Response and
Prevention
Sec. 11272. Administration of sexual assault forensic examination kits.
Sec. 11273. Policy on requests for permanent changes of station or unit
transfers by persons who report being the
victim of sexual assault.
Sec. 11274. Sex offenses and personnel records.
Sec. 11275. Study on Special Victims' Counsel program.
TITLE CXIII--ENVIRONMENT
Subtitle A--Marine Mammals
Sec. 11301. Definitions.
Sec. 11302. Assistance to ports to reduce impacts of vessel traffic and
port operations on marine mammals.
Sec. 11303. Near real-time monitoring and mitigation program for large
cetaceans.
Sec. 11304. Pilot program to establish a Cetacean Desk for Puget Sound
region.
Sec. 11305. Monitoring ocean soundscapes.
Subtitle B--Oil Spills
Sec. 11306. Report on changing salvors.
Sec. 11307. Limited indemnity provisions in standby oil spill response
contracts.
Sec. 11308. Improving oil spill preparedness.
Sec. 11309. Western Alaska oil spill planning criteria.
Sec. 11310. Coast Guard claims processing costs.
Sec. 11311. Calculation of interest on debt owed to national pollution
fund.
Sec. 11312. Per-incident limitation.
Sec. 11313. Access to Oil Spill Liability Trust Fund.
Sec. 11314. Cost-reimbursable agreements.
Sec. 11315. Oil spill response review.
Sec. 11316. Additional exceptions to regulations for towing vessels.
Sec. 11317. Port Coordination Council for Point Spencer.
Subtitle C--Environmental Compliance
Sec. 11318. Providing requirements for vessels anchored in established
anchorage grounds.
Sec. 11319. Study on impacts on shipping and commercial, Tribal, and
recreational fisheries from development of
renewable energy on West Coast.
Sec. 11320. Use of devices broadcasting on AIS for purposes of marking
fishing gear.
Subtitle D--Environmental Issues
Sec. 11321. Notification of communication outages.
Sec. 11322. Improvements to communication with fishing industry and
related stakeholders.
Sec. 11323. Advance notification of military or other exercises.
Sec. 11324. Modifications to Sport Fish Restoration and Boating Trust
Fund administration.
Sec. 11325. Load lines.
Sec. 11326. Actions by National Marine Fisheries Service to increase
energy production.
Sec. 11327. Aquatic Nuisance Species Task Force.
Sec. 11328. Safety standards.
Subtitle E--Illegal Fishing and Forced Labor Prevention
Sec. 11329. Definitions.
Chapter 1--Combating Human Trafficking Through Seafood Import
Monitoring
Sec. 11330. Enhancement of Seafood Import Monitoring Program Message
Set in Automated Commercial Environment
system.
Sec. 11331. Data sharing and aggregation.
Sec. 11332. Import audits.
Sec. 11333. Availability of fisheries information.
Sec. 11334. Report on Seafood Import Monitoring Program.
Sec. 11335. Authorization of appropriations.
Chapter 2--Strengthening International Fisheries Management To Combat
Human Trafficking
Sec. 11336. Denial of port privileges.
Sec. 11337. Identification and certification criteria.
Sec. 11338. Equivalent conservation measures.
Sec. 11339. Capacity building in foreign fisheries.
Sec. 11340. Training of United States observers.
Sec. 11341. Regulations.
TITLE CXIV--SUPPORT FOR COAST GUARD WORKFORCE
Subtitle A--Support for Coast Guard Members and Families
Sec. 11401. Coast Guard child care improvements.
Sec. 11402. Armed Forces access to Coast Guard child development
services.
Sec. 11403. Cadet pregnancy policy improvements.
Sec. 11404. Combat-related special compensation.
Sec. 11405. Study on food security.
Subtitle B--Healthcare
Sec. 11406. Development of medical staffing standards for Coast Guard.
Sec. 11407. Healthcare system review and strategic plan.
Sec. 11408. Data collection and access to care.
Sec. 11409. Behavioral health policy.
Sec. 11410. Members asserting post-traumatic stress disorder or
traumatic brain injury.
Sec. 11411. Improvements to Physical Disability Evaluation System and
transition program.
Sec. 11412. Expansion of access to counseling.
Sec. 11413. Expansion of postgraduate opportunities for members of
Coast Guard in medical and related fields.
Sec. 11414. Study on Coast Guard medical facilities needs.
Sec. 11415. Study on Coast Guard telemedicine program.
Subtitle C--Housing
Sec. 11416. Study on Coast Guard housing access, cost, and challenges.
Sec. 11417. Audit of certain military housing conditions of enlisted
members of Coast Guard in Key West,
Florida.
Sec. 11418. Study on Coast Guard housing authorities and privatized
housing.
Sec. 11419. Strategy to improve quality of life at remote units.
Subtitle D--Other Matters
Sec. 11420. Report on availability of emergency supplies for Coast
Guard personnel.
Sec. 11421. Fleet mix analysis and shore infrastructure investment
plan.
TITLE CXV--MARITIME
Subtitle A--Vessel Safety
Sec. 11501. Responses to safety recommendations.
Sec. 11502. Requirements for DUKW amphibious passenger vessels.
Sec. 11503. Exoneration and limitation of liability for small passenger
vessels.
Sec. 11504. At-sea recovery operations pilot program.
Sec. 11505. Historic wood sailing vessels.
Sec. 11506. Certificates of numbers for undocumented vessels.
Sec. 11507. Comptroller General review and report on Coast Guard
oversight of third-party organizations.
Sec. 11508. Articulated tug-barge manning.
Sec. 11509. Fishing vessel safety.
Sec. 11510. Exemptions for certain passenger vessels.
Subtitle B--Merchant Mariner Credentialing
Sec. 11511. Modernizing merchant mariner credentialing system.
Sec. 11512. Assessment regarding application process for merchant
mariner credentials.
Sec. 11513. GAO report.
Sec. 11514. Military to Mariners Act of 2022.
Sec. 11515. Definitions.
Subtitle C--Other Matters
Sec. 11516. Nonoperating individual.
Sec. 11517. Oceanographic research vessels.
Sec. 11518. Port access routes briefing.
Sec. 11519. Definition of stateless vessel.
Sec. 11520. Limitation on recovery for certain injuries incurred in
aquaculture activities.
Sec. 11521. Report on securing vessels and cargo.
Sec. 11522. Report on enforcement of coastwise laws.
Sec. 11523. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 11524. Prohibition on entry and operation.
Sec. 11525. Floating dry docks.
Sec. 11526. Updated requirements for fishing crew agreements.
TITLE CXVI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND
RESPONSE
Sec. 11601. Definitions.
Sec. 11602. Convicted sex offender as grounds for denial.
Sec. 11603. Sexual harassment or sexual assault as grounds for
suspension or revocation.
Sec. 11604. Accommodation; notices.
Sec. 11605. Protection against discrimination.
Sec. 11606. Alcohol at sea.
Sec. 11607. Surveillance requirements.
Sec. 11608. Master key control.
Sec. 11609. Requirement to report sexual assault and harassment.
Sec. 11610. Safety management system.
Sec. 11611. Reports to Congress.
TITLE CXVII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A--National Oceanic and Atmospheric Administration
Commissioned Officer Corps
Sec. 11701. Definitions.
Sec. 11702. Requirement for appointments.
Sec. 11703. Repeal of requirement to promote ensigns after 3 years of
service.
Sec. 11704. Authority to provide awards and decorations.
Sec. 11705. Retirement and separation.
Sec. 11706. Improving professional mariner staffing.
Sec. 11707. Legal assistance.
Sec. 11708. Acquisition of aircraft for agency air, atmosphere, and
weather reconnaissance and research
mission.
Sec. 11709. Report on professional mariner staffing models.
Subtitle B--Other Matters
Sec. 11710. Conveyance of certain property of National Oceanic and
Atmospheric Administration in Juneau,
Alaska.
TITLE CXVIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 11801. Terms and vacancies.
Sec. 11802. Passenger vessel security and safety requirements.
Sec. 11803. Technical corrections.
Sec. 11804. Transportation worker identification credential technical
amendments.
Sec. 11805. Reinstatement.
Sec. 11806. Determination of budgetary effects.
Sec. 11807. Technical amendment.
Sec. 11808. Lighthouse service amendments.
SEC. 11002. DEFINITIONS.
In this division:
(1) Commandant.--The term ``Commandant'' means the Commandant of the
Coast Guard.
(2) Secretary.--Except as otherwise provided, the term ``Secretary''
means the Secretary of the department in which the Coast Guard is
operating.
SEC. 11003. RULE OF CONSTRUCTION.
(a) In General.--Nothing in this division may be construed--
(1) to satisfy any requirement for government-to-government
consultation with Tribal governments; or
(2) to affect or modify any treaty or other right of any Tribal
government.
(b) Tribal Government Defined.--In this section, the term ``Tribal
government'' means the recognized governing body of any Indian or Alaska Native
Tribe, band, nation, pueblo, village, community, component band, or component
reservation, individually identified (including parenthetically) in the list
published most recently as of the date of the enactment of this Act pursuant to
section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5131).
TITLE CXI--AUTHORIZATIONS
SEC. 11101. AUTHORIZATION OF APPROPRIATIONS.
Section 4902 of title 14, United States Code, is amended--
(1) in the matter preceding paragraph (1) by striking ``fiscal years
2020 and 2021'' and inserting ``fiscal years 2022 and 2023'';
(2) in paragraph (1)--
(A) in subparagraph (A) by striking clauses (i) and (ii) and
inserting the following:
``(i) $10,000,000,000 for fiscal year 2022; and
``(ii) $10,750,000,000 for fiscal year 2023.'';
(B) in subparagraph (B) by striking ``$17,035,000'' and
inserting ``$23,456,000''; and
(C) in subparagraph (C) by striking ``, (A)(ii)
$17,376,000'' and inserting ``(A)(ii), $24,353,000'';
(3) in paragraph (2)--
(A) in subparagraph (A) by striking clauses (i) and (ii) and
inserting the following:
``(i) $3,312,114,000 for fiscal year 2022; and
``(ii) $3,477,600,000 for fiscal year 2023.''; and
(B) in subparagraph (B) by striking clauses (i) and (ii) and
inserting the following:
``(i) $20,400,000 for fiscal year 2022; and
``(ii) $20,808,000 for fiscal year 2023.'';
(4) in paragraph (3) by striking subparagraphs (A) and (B) and
inserting the following:
``(A) $7,476,000 for fiscal year 2022; and
``(B) $14,681,084 for fiscal year 2023.''; and
(5) in paragraph (4) by striking subparagraphs (A) and (B) and
inserting the following:
``(A) $240,577,000 for fiscal year 2022; and
``(B) $252,887,000 for fiscal year 2023.''.
SEC. 11102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
Section 4904 of title 14, United States Code, is amended--
(1) in subsection (a) by striking ``fiscal years 2020 and 2021'' and
inserting ``fiscal years 2022 and 2023''; and
(2) in subsection (b) by striking ``fiscal years 2020 and 2021'' and
inserting ``fiscal years 2022 and 2023''.
SEC. 11103. AUTHORIZATION FOR CERTAIN PROGRAMS AND SERVICES.
Of the amounts authorized to be appropriated under section 4902(1)(A) of
title 14, United States Code, there are authorized to the Commandant for each of
fiscal years 2022 and 2023--
(1) $25,000,000 for the child care subsidy program as established
under section 11401and any additional eligible uses established by the
Commandant under the amendment made by subsection (c) of section 11401;
(2) $1,300,000 for expansion of behavioral health services in the
Coast Guard under section 11412;
(3) $3,000,000 for the Aqua Alert Notification System pilot program
established under section 11207; and
(4) $1,000,000 to prepare the evaluation of requirements for the
Arctic Security Cutter.
SEC. 11104. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF ADDITIONAL VESSELS.
(a) In General.--Of the amounts authorized to be appropriated under section
4902(2)(A)(ii) of title 14, United States Code, as amended by section 11101, for
fiscal year 2023--
(1) $300,000,000 shall be authorized for the acquisition of a
twelfth National Security Cutter;
(2) $420,000,000 shall be authorized for the acquisition of 6 Fast
Response Cutters;
(3) $172,500,000 is authorized for the program management, design,
and acquisition of 12 Pacific Northwest heavy weather boats that are at
least as capable as the Coast Guard 52-foot motor surfboat;
(4) $167,200,000 is authorized for the third Polar Security Cutter;
(5) $150,000,000 is authorized for the acquisition or procurement of
an available icebreaker (as such term is defined under section 11223);
(6) for fiscal year 2022, $350,000,000 shall be authorized for the
acquisition of a Great Lakes icebreaker at least as capable as Coast
Guard cutter Mackinaw (WLBB-30);
(7) in addition to amounts authorized under paragraph (6),
$20,000,000 shall be authorized for the design and selection of
icebreaking cutters for operation in the Great Lakes, the Northeastern
United States, and the Arctic as appropriate, that are at least as
capable as the Coast Guard 140-foot icebreaking tugs; and
(8) $650,000,000 is authorized for the continued acquisition of
Offshore Patrol Cutters.
(b) Treatment of Acquired Cutter.--Any cutter acquired using amounts
authorized under subsection (a) shall be in addition to the National Security
Cutters and Fast Response Cutters approved under the existing acquisition
baseline in the program of record for the National Security Cutter and Fast
Response Cutter.
SEC. 11105. SHORESIDE INFRASTRUCTURE AND FACILITIES.
(a) In General.--Of the amounts authorized to be appropriated under section
4902(2)(A) of title 14, United States Code--
(1) for each of fiscal years 2022 and 2023, $1,000,000,000 is
authorized to fund maintenance, construction, and repairs for Coast
Guard shoreside infrastructure; and
(2) for fiscal year 2023, $127,000,000 is authorized for
improvements to facilities of the Coast Guard Yard.
(b) Set-asides.--Of the amounts authorized under subsection (a)(1)--
(1) up to $60,000,000 is authorized to fund Phase I, in fiscal year
2022, and $60,000,000 is authorized to fund Phase II, in fiscal year
2023, for the recapitalization of the barracks at the United States
Coast Guard Training Center Cape May in Cape May, New Jersey;
(2) $67,500,000 is authorized for the construction of additional new
child care development centers not constructed using funds authorized by
title V of the Infrastructure Investment and Jobs Act (Public Law 117-
58); and
(3) up to $1,200,000 is authorized to--
(A) complete repairs to the United States Coast Guard
Station, New York, waterfront, including repairs to the concrete
pier; and
(B) replace floating piers Alpha and Bravo, the South
Breakwater and Ice Screen, the North Breakwater and Ice Screen
and the seawall.
(c) Mitigation of Hazard Risks.--In carrying out projects with funds
authorized under subsection (a), the Coast Guard shall mitigate, to the greatest
extent practicable, natural hazard risks identified in any Shore Infrastructure
Vulnerability Assessment for Phase I related to such projects.
SEC. 11106. COAST GUARD YARD RESILIENT INFRASTRUCTURE AND CONSTRUCTION
IMPROVEMENT.
There is authorized to appropriated for the period of fiscal years 2023
through 2028 for the Secretary--
(1) $273,000,000 for the purposes of improvements to facilities of
the Coast Guard Yard; and
(2) $236,000,000 for the acquisition of a new floating drydock at
the Yard.
TITLE CXII--COAST GUARD
Subtitle A--Infrastructure and Assets
SEC. 11201. REPORT ON SHORESIDE INFRASTRUCTURE AND FACILITIES PROJECTS.
(a) In General.--Not less frequently than annually, the Commandant shall
submit to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report that includes--
(1) a detailed list of Coast Guard shoreside infrastructure projects
contemplated in each Coast Guard Sector area of responsibility and
planned within the 7 years following the submission of the annual report
for all Coast Guard facilities located within each Coast Guard Sector
area of responsibility in the order of priority, including
recapitalization, maintenance needs in excess of $100,000, dredging, and
other shoreside infrastructure needs of the Coast Guard;
(2) the estimated cost of projects to fulfill each project, to the
extent available; and
(3) a general description of the state of planning, including design
and engineering, for each such project.
(b) Contents.--The report submitted under subsection (a) shall include all
unfunded shoreside infrastructure and facility priorities meeting the criteria
under subsection (a) recommended to the Commandant for consideration for
inclusion in the unfunded priority list report to Congress under section 5108 of
title 14, United States Code, regardless of whether the unfunded shoreside
infrastructure project is included in the final annual unfunded priority list to
Congress.
SEC. 11202. REPORT AND BRIEFING ON RESOURCING STRATEGY FOR WESTERN PACIFIC
REGION.
(a) Report.--
(1) In general.--Not later than 1 year after the date of enactment
of this Act, the Commandant, in consultation with the Coast Guard
Commander of the Pacific Area, the Commander of United States Indo-
Pacific Command, and the Under Secretary of Commerce for Oceans and
Atmosphere, shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report outlining the
resourcing needs of the Coast Guard to achieve optimum operations in the
Western Pacific region.
(2) Elements.--The report required under paragraph (1) shall include
the following:
(A) An assessment of the risks and associated needs--
(i) to United States strategic maritime interests,
in particular such interests in areas west of the
International Date Line, including risks to bilateral
maritime partners of the United States, posed by not
fully staffing and equipping Coast Guard operations in
the Western Pacific region;
(ii) to the Coast Guard mission and force posed by
not fully staffing and equipping Coast Guard operations
in the Western Pacific region; and
(iii) to support the call of the President, as set
forth in the Indo-Pacific Strategy, to expand Coast
Guard presence and cooperation in Southeast Asia, South
Asia, and the Pacific Islands, with a focus on advising,
training, deployment, and capacity building.
(B) A description of the additional resources, including
shoreside resources, required to fully implement the needs
described in subparagraph (A), including the United States
commitment to bilateral fisheries law enforcement in the Pacific
Ocean.
(C) A description of the operational and personnel assets
required and a dispersal plan for available and projected future
Coast Guard cutters and aviation forces to conduct optimum
operations in the Western Pacific region.
(D) An analysis with respect to whether a national security
cutter or fast response cutter located at a United States
military installation in a foreign country in the Western
Pacific region would enhance United States national security,
partner country capacity building, and prevention and effective
response to illegal, unreported, and unregulated fishing.
(E) An assessment of the benefits and associated costs
involved in--
(i) increasing staffing of Coast Guard personnel
within the command elements of United States Indo-
Pacific Command or subordinate commands; and
(ii) designating a Coast Guard patrol force under
the direct authority of the Commander of the United
States Indo-Pacific Command with associated forward-
based assets and personnel.
(F) An identification of any additional authority necessary,
including proposals for legislative change, to meet the needs
identified in accordance with subparagraphs (A) through (E) and
any other mission requirement in the Western Pacific region.
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form but may include a classified annex.
(b) Briefing.--Not later than 60 days after the date on which the Commandant
submits the report under subsection (a), the Commandant, or a designated
individual, shall provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a briefing on the findings and
conclusions of such report.
SEC. 11203. STUDY AND REPORT ON NATIONAL SECURITY AND DRUG TRAFFICKING THREATS
IN FLORIDA STRAITS, CUBA, AND CARIBBEAN REGION.
(a) In General.--The Commandant shall conduct a study on threats to national
security, drug trafficking, and other relevant threats the Commandant considers
appropriate in the Florida Straits and Caribbean region, including Cuba.
(b) Elements.--The study required under subsection (a) shall include the
following:
(1) An assessment of--
(A) new technology and evasive maneuvers used by
transnational criminal organizations to evade detection and
interdiction by Coast Guard law enforcement units and
interagency partners; and
(B) capability gaps of the Coast Guard with respect to--
(i) the detection and interdiction of illicit drugs
in the Florida Straits and Caribbean region, including
Cuba; and
(ii) the detection of national security threats in
such region.
(2) An identification of--
(A) the critical technological advancements required for the
Coast Guard to meet current and anticipated threats in such
region;
(B) the capabilities required to enhance information sharing
and coordination between the Coast Guard and interagency
partners, foreign governments, and related civilian entities;
and
(C) any significant developing threats to the United States
posed by illicit actors in such region.
(c) Report.--Not later than 2 years after the date of enactment of this Act,
the Commandant shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the results of the
study under subsection (a).
SEC. 11204. COAST GUARD YARD.
(a) In General.--With respect to the Coast Guard Yard, the uses of the
amounts authorized under sections 11105(a)(2) and 11106 are to--
(1) improve resilience and capacity;
(2) maintain and expand Coast Guard organic manufacturing capacity;
(3) expand training and recruitment;
(4) enhance safety;
(5) improve environmental compliance; and
(6) ensure that the Coast Guard Yard is prepared to meet the growing
needs of the modern Coast Guard fleet.
(b) Inclusions.--The Secretary shall ensure that the Coast Guard Yard
receives improvements that include the following:
(1) Facilities upgrades needed to improve resilience of the
shipyard, its facilities, and associated infrastructure.
(2) Acquisition of a large-capacity drydock.
(3) Improvements to piers and wharves, drydocks, and capital
equipment utilities.
(4) Environmental remediation.
(5) Construction of a new warehouse and paint facility.
(6) Acquisition of a new travel lift.
(7) Dredging necessary to facilitate access to the Coast Guard Yard.
(c) Workforce Development Plan.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives, a workforce development plan
that--
(1) outlines the workforce needs of the Coast Guard Yard with
respect to civilian employees and active duty members of the Coast
Guard, including engineers, individuals engaged in trades, cyber
specialists, and other personnel necessary to meet the evolving mission
set of the Coast Guard Yard; and
(2) includes recommendations for Congress with respect to the
authorities, training, funding, and civilian and active-duty
recruitment, including the recruitment of women and underrepresented
minorities, necessary to meet workforce needs of the Coast Guard Yard
for the 10-year period beginning on the date of submission of the plan.
SEC. 11205. AUTHORITY TO ENTER INTO TRANSACTIONS OTHER THAN CONTRACTS AND GRANTS
TO PROCURE COST-EFFECTIVE TECHNOLOGY FOR MISSION NEEDS.
(a) In General.--Subchapter III of chapter 11 of title 14, United States
Code, is amended by adding at the end the following:
``Sec. 1158. Authority to enter into transactions other than contracts and
grants to procure cost-effective, advanced technology for mission-
critical needs
``(a) In General.--Subject to subsections (b) and (c), the Commandant may
enter into transactions (other than contracts, cooperative agreements, and
grants) to operate, test, and acquire cost-effective technology for the purpose
of meeting the mission needs of the Coast Guard.
``(b) Operation, Testing, and Acquisition.--Operation, testing, and
acquisition of technologies under subsection (a) shall be--
``(1) carried out in accordance with Coast Guard policies and
guidance; and
``(2) consistent with the operational requirements of the Coast
Guard.
``(c) Limitations.--The Commandant may not enter into a transaction under
subsection (a) with respect to a technology that--
``(1) does not comply with the cybersecurity standards of the Coast
Guard; or
``(2) is sourced from an entity domiciled in the People's Republic
of China, unless the Commandant determines that the prototype or
procurement of such a technology is for the purpose of--
``(A) counter-UAS or surrogate testing; or
``(B) intelligence, electronic warfare, and information
warfare, testing, and analysis.
``(d) Education and Training.--The Commandant shall ensure that management,
technical, and contracting personnel of the Coast Guard involved in the award or
administration of transactions under this section are provided adequate
education and training with respect to the authority under this section.
``(e) Regulations.--The Commandant shall prescribe regulations as necessary
to carry out this section.
``(f) Counter-UAS Defined.--In this section, the term `counter-UAS' has the
meaning given such term in section 44801 of title 49.''.
(b) Clerical Amendment.--The analysis for chapter 11 of title 14, United
States Code, is amended by inserting after the item relating to section 1157 the
following:
``1158. Authority to enter into transactions other than contracts and
grants to procure cost-effective, advanced
technology for mission-critical needs.''.
(c) Report.--
(1) In general.--Not later than 5 years after the date of the
enactment of this Act, the Commandant shall submit to the appropriate
committees of Congress a report that--
(A) describes the use of the authority pursuant to section
1158 of title 14, United States Code (as added by this section);
and
(B) assesses the mission and operational benefits of such
authority.
(2) Appropriate committees of congress defined.--In this subsection,
the term ``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Transportation and Infrastructure of
the House of Representatives.
SEC. 11206. IMPROVEMENTS TO INFRASTRUCTURE AND OPERATIONS PLANNING.
(a) In General.--Not later than 1 year after the date of enactment of this
Act, the Commandant shall incorporate the most recent oceanic and atmospheric
data relating to the increasing rates of extreme weather, including flooding,
into planning scenarios for Coast Guard infrastructure and mission deployments
with respect to all Coast Guard Missions.
(b) Coordination With National Oceanic and Atmospheric Administration.--In
carrying out subsection (a), the Commandant shall--
(1) coordinate with the Under Secretary of Commerce for Oceans and
Atmosphere to ensure the incorporation of the most recent environmental
and climatic data; and
(2) request technical assistance and advice from the Under Secretary
in planning scenarios, as appropriate.
(c) Briefing.--Not later than 1 year after the date of enactment of this
Act, the Commandant shall provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a briefing on the manner in which
the best-available science from the National Oceanic and Atmospheric
Administration has been incorporated into at least 1 key mission area of the
Coast Guard, and the lessons learned from incorporating such science.
SEC. 11207. AQUA ALERT NOTIFICATION SYSTEM PILOT PROGRAM.
(a) In General.--Not later than 2 years after the date of enactment of this
Act, the Commandant shall, subject to the availability of appropriations,
establish a pilot program to improve the issuance of alerts to facilitate
cooperation with the public to render aid to distressed individuals under
section 521 of title 14, United States Code.
(b) Pilot Program Contents.--In carrying out the pilot program established
under subsection (a), the Commandant shall, to the maximum extent possible--
(1) include a voluntary opt-in program under which members of the
public, as appropriate, and the entities described in subsection (c),
may receive notifications on cellular devices regarding Coast Guard
activities to render aid to distressed individuals under section 521 of
title 14, United States Code;
(2) cover areas located within the area of responsibility of 3
different Coast Guard sectors in diverse geographic regions; and
(3) provide that the dissemination of an alert shall be limited to
the geographic areas most likely to facilitate the rendering of aid to
distressed individuals.
(c) Consultation.--In developing the pilot program under subsection (a), the
Commandant shall consult--
(1) the head of any relevant Federal agency;
(2) the government of any relevant State;
(3) any Tribal Government;
(4) the government of any relevant territory or possession of the
United States; and
(5) any relevant political subdivision of an entity described in
paragraph (2), (3), or (4).
(d) Report to Congress.--
(1) In general.--Not later than 2 years after the date of enactment
of this Act, and annually thereafter through 2026, the Commandant shall
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the implementation of this section.
(2) Public availability.--The Commandant shall make the report
submitted under paragraph (1) available to the public.
SEC. 11208. PILOT PROJECT FOR ENHANCING COAST GUARD CUTTER READINESS THROUGH
CONDITION-BASED MAINTENANCE.
(a) In General.--Not later than 3 years after the date of enactment of this
Act, the Commandant shall conduct a pilot project to enhance cutter readiness
and reduce lost patrol days through the deployment of condition-based program
standards for cutter maintenance, in accordance with the criteria set forth in
subsection (b).
(b) Criteria for Condition-Based Maintenance Evaluation.--In conducting the
pilot project under subsection (a), the Commandant, in cooperation with
government and industry partners, shall--
(1) select at least 1 class of cutters under construction with
respect to which the application of the pilot project would enhance
readiness;
(2) use condition-based program standards which incorporate
artificial, intelligence, prognostic based maintenance planning;
(3) create and model a full ship digital twin for the cutters
selected under paragraph (1);
(4) install or modify instrumentation capable of producing full
hull, mechanical, and electrical data necessary to analyze cutter
operational conditions with active maintenance alerts; and
(5) evaluate and weight efficacy of potential emergent repairs as
well as planned depot maintenance activities.
(c) Consideration.--Prior to developing the pilot project in this section,
the Commandant shall evaluate commercially available products, technology,
applications, standards, and technology for development and implementation of
the pilot program.
(d) Report to Congress.--The Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives--
(1) an interim report not later than 12 months after the date of
enactment of this Act on the progress in carrying out the pilot project
described in subsection (a); and
(2) a final report not later than 3 years after the date of
enactment of this Act on the results of the pilot project described in
subsection (a) that includes--
(A) options to integrate condition-based program standards
with prognostic based maintenance planning to Coast Guard
cutters; and
(B) plans to deploy condition-based program standards with
prognostic based maintenance planning to Coast Guard cutters.
SEC. 11209. STUDY ON LAYDOWN OF COAST GUARD CUTTERS.
Not later than 120 days after the date of enactment of this Act, the
Secretary shall conduct a study on the laydown of Coast Guard Fast Response
Cutters to assess Coast Guard mission readiness and to identify areas of need
for asset coverage.
SEC. 11210. ACQUISITION LIFE-CYCLE COST ESTIMATES.
Section 1132(e) of title 14, United States Code, is amended by striking
paragraphs (2) and (3) and inserting the following:
``(2) Types of estimates.--For each Level 1 or Level 2 acquisition
project or program, in addition to life-cycle cost estimates developed
under paragraph (1), the Commandant shall require that--
``(A) life-cycle cost estimates developed under paragraph
(1) be updated before--
``(i) each milestone decision is concluded; and
``(ii) the project or program enters a new
acquisition phase; and
``(B) an independent cost estimate or independent cost
assessment, as appropriate, be developed to validate life-cycle
cost estimates developed under paragraph (1).''.
SEC. 11211. DISPOSITION OF INFRASTRUCTURE RELATED TO E-LORAN.
Section 914 of title 14, United States Code, is amended to read as follows:
``Sec. 914. Disposition of infrastructure related to E-LORAN
``(a) In General.--Notwithstanding any other provision of law, the
Commandant may dismantle or dispose of any real or personal property under the
administrative control of the Coast Guard and used for the LORAN-C system.
``(b) Restriction.--No action described in subsection (a) may be taken
unless and until--
``(1) the Commandant notifies the Secretary of Transportation and
the Secretary of Defense in writing of the proposed dismantling or
disposal of a LORAN-C system; and
``(2) a period of 90 calendar days expires following the day on
which the notice has been submitted.
``(c) Receipt of Notification.--If, not later than 90 calendar days of
receipt of the written notification under subsection (b), the Secretary of
Transportation or the Secretary of Defense notifies the Commandant, in writing,
of a determination under section 312(d) of title 49 that the property is
required to provide a positioning, navigation, and timing system to provide
redundant capability in the event the Global Positioning System signals are
disrupted, the Commandant shall transfer the property to the Department of
Transportation without any consideration.
``(d) Notification Expiration.--If, at the end of the 90 calendar day period
no notification under subsection (b) has been received, the Commandant shall
notify the Committee on Transportation and Infrastructure and the Committee on
Appropriations in the House of Representatives and the Committee on Commerce,
Science, and Transportation and the Committee on Appropriations of the Senate
that the period in subsection (b)(2) has expired, and may proceed with the
dismantling and disposal of the personal property, and disposing of the real
property in accordance with section 2945 of this title.
``(e) Exception.--The prohibition on actions in subsection (b) does not
apply to actions necessary for the safety of human life.''.
Subtitle B--Great Lakes
SEC. 11212. GREAT LAKES WINTER COMMERCE.
(a) Great Lakes Icebreaking Operations.--
(1) Government accountability office report.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on
Coast Guard icebreaking in the Great Lakes.
(B) Elements.--The report required under subparagraph (A)
shall evaluate--
(i) the economic impact of vessel delays or
cancellations associated with ice coverage on the Great
Lakes;
(ii) mission needs of the Coast Guard Great Lakes
icebreaking program;
(iii) the impact that the proposed standards
described in paragraph (2) would have on--
(I) Coast Guard operations in the Great
Lakes;
(II) Northeast icebreaking missions; and
(III) inland waterway operations;
(iv) a fleet mix analysis for meeting such proposed
standards;
(v) a description of the resources necessary to
support the fleet mix resulting from such fleet mix
analysis, including billets for crew and operating
costs; and
(vi) recommendations to the Commandant for
Improvements to the Great Lakes icebreaking program,
including with respect to facilitating commerce and
meeting all Coast Guard mission needs.
(2) Proposed standards for icebreaking operations.--The proposed
standards described in this subsection are the following:
(A) Except as provided in subparagraph (B), the Commandant
shall keep ice-covered waterways in the Great Lakes open to
navigation during not less than 90 percent of the hours that
commercial vessels and ferries attempt to transit such ice-
covered waterways.
(B) In a year in which the Great Lakes are not open to
navigation, because of ice of a thickness that occurs on average
only once every 10 years, the Commandant shall keep ice-covered
waterways in the Great Lakes open to navigation during not less
than 70 percent of the hours that commercial vessels and ferries
attempt to transit such ice-covered waterways.
(3) Report by commandant.--Not later than 90 days after the date on
which the Comptroller General submits the report under paragraph (1),
the Commandant shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that includes
the following:
(A) A plan for Coast Guard implementation of any
recommendation made by the Comptroller General under paragraph
(1)(B)(ii) that the Commandant considers appropriate.
(B) With respect to any recommendation made under such
paragraph that the Commandant declines to implement and a
justification for such decision.
(C) A review of, and a proposed implementation plan for, the
results of the fleet mix analysis under paragraph (1)(B)(iv).
(D) Any proposed modifications to the standards for
icebreaking operations in the Great Lakes.
(b) Definitions.--In this section:
(1) Commercial vessel.--The term ``commercial vessel'' means any
privately owned cargo vessel operating in the Great Lakes during the
winter season of at least 500 tons, as measured under section 14502 of
title 46, or an alternate tonnage measured under section 14302 of such
title, as prescribed by the Secretary under section 14104 of such title.
(2) Great lakes.--The term ``Great Lakes'' means the United States
waters of Lake Superior, Lake Michigan, Lake Huron (including Lake St.
Clair), Lake Erie, and Lake Ontario, their connecting waterways, and
their adjacent harbors, and the connecting channels (including the
following rivers and tributaries of such rivers: Saint Mary's River,
Saint Clair River, Detroit River, Niagara River, Illinois River, Chicago
River, Fox River, Grand River, St. Joseph River, St. Louis River,
Menominee River, Muskegon River, Kalamazoo River, and Saint Lawrence
River to the Canadian border).
(3) Ice-covered waterway.--The term ``ice-covered waterway'' means
any portion of the Great Lakes in which commercial vessels or ferries
operate that is 70 percent or greater covered by ice, but does not
include any waters adjacent to piers or docks for which commercial
icebreaking services are available and adequate for the ice conditions.
(4) Open to navigation.--The term ``open to navigation'' means
navigable to the extent necessary, in no particular order of priority,
to meet the reasonable demands of commerce, minimize delays to passenger
ferries, extricate vessels and individuals from danger, prevent damage
due to flooding, and conduct other Coast Guard missions (as required).
(5) Reasonable demands of commerce.--The term ``reasonable demands
of commerce'' means the safe movement of commercial vessels and ferries
transiting ice-covered waterways in the Great Lakes, regardless of type
of cargo, at a speed consistent with the design capability of Coast
Guard icebreakers operating in the Great Lakes and appropriate to the
ice capability of the commercial vessel.
SEC. 11213. DATABASE ON ICEBREAKING OPERATIONS IN GREAT LAKES.
(a) In General.--The Commandant shall establish and maintain a database for
collecting, archiving, and disseminating data on icebreaking operations and
commercial vessel and ferry transit in the Great Lakes during ice season.
(b) Elements.--The database required under subsection (a) shall include the
following:
(1) Attempts by commercial vessels and ferries to transit ice-
covered waterways in the Great Lakes that are unsuccessful because of
inadequate icebreaking.
(2) The period of time that each commercial vessel or ferry was
unsuccessful at transit described in paragraph (1) due to inadequate
icebreaking.
(3) The amount of time elapsed before each such commercial vessel or
ferry was successfully broken out of the ice and whether it was
accomplished by the Coast Guard or by commercial icebreaking assets.
(4) Relevant communications of each such commercial vessel or ferry
with the Coast Guard and with commercial icebreaking services during
such period.
(5) A description of any mitigating circumstance, such as Coast
Guard icebreaker diversions to higher priority missions, that may have
contributed to the amount of time described in paragraph (3).
(c) Voluntary Reporting.--Any reporting by operators of commercial vessels
or ferries under this section shall be voluntary.
(d) Public Availability.--The Commandant shall make the database available
to the public on a publicly accessible website of the Coast Guard.
(e) Consultation With Industry.--With respect to the Great Lakes icebreaking
operations of the Coast Guard and the development of the database required under
subsection (a), the Commandant shall consult operators of commercial vessels and
ferries.
(f) Public Report.--Not later than July 1 after the first winter in which
the Commandant is subject to the requirements of section 564 of title 14, United
States Code, the Commandant shall publish on a publicly accessible website of
the Coast Guard a report on the cost to the Coast Guard of meeting the
requirements of such section.
(g) Definitions.--In this section:
(1) Commercial vessel.--The term ``commercial vessel'' means any
privately owned cargo vessel operating in the Great Lakes during the
winter season of at least 500 tons, as measured under section 14502 of
title 46, United States Code, or an alternate tonnage measured under
section 14302 of such title, as prescribed by the Secretary under
section 14104 of such title.
(2) Great lakes.--The term ``Great Lakes'' means the United States
waters of Lake Superior, Lake Michigan, Lake Huron (including Lake St.
Clair), Lake Erie, and Lake Ontario, their connecting waterways, and
their adjacent harbors, and the connecting channels (including the
following rivers and tributaries of such rivers: Saint Mary's River,
Saint Clair River, Detroit River, Niagara River, Illinois River, Chicago
River, Fox River, Grand River, St. Joseph River, St. Louis River,
Menominee River, Muskegon River, Kalamazoo River, and Saint Lawrence
River to the Canadian border).
(3) Ice-covered waterway.--The term ``ice-covered waterway'' means
any portion of the Great Lakes in which commercial vessels or ferries
operate that is 70 percent or greater covered by ice, but does not
include any waters adjacent to piers or docks for which commercial
icebreaking services are available and adequate for the ice conditions.
(4) Open to navigation.--The term ``open to navigation'' means
navigable to the extent necessary to--
(A) extricate vessels and individuals from danger;
(B) prevent damage due to flooding;
(C) meet the reasonable demands of commerce;
(D) minimize delays to passenger ferries; and
(E) conduct other Coast Guard missions as required.
(5) Reasonable demands of commerce.--The term ``reasonable demands
of commerce'' means the safe movement of commercial vessels and ferries
transiting ice-covered waterways in the Great Lakes, regardless of type
of cargo, at a speed consistent with the design capability of Coast
Guard icebreakers operating in the Great Lakes and appropriate to the
ice capability of the commercial vessel.
SEC. 11214. CENTER OF EXPERTISE FOR GREAT LAKES OIL SPILL SEARCH AND RESPONSE.
Section 807(d) of the Frank LoBiondo Coast Guard Authorization Act of 2018
(14 U.S.C. 313 note) is amended to read as follows:
``(d) Definition.--In this section, the term `Great Lakes' means--
``(1) Lake Ontario;
``(2) Lake Erie;
``(3) Lake Huron (including Lake St. Clair);
``(4) Lake Michigan;
``(5) Lake Superior; and
``(6) the connecting channels (including the following rivers and
tributaries of such rivers: Saint Mary's River, Saint Clair River,
Detroit River, Niagara River, Illinois River, Chicago River, Fox River,
Grand River, St. Joseph River, St. Louis River, Menominee River,
Muskegon River, Kalamazoo River, and Saint Lawrence River to the
Canadian border).''.
SEC. 11215. GREAT LAKES SNOWMOBILE ACQUISITION PLAN.
(a) In General.--The Commandant shall develop a plan to expand snowmobile
procurement for Coast Guard units for which snowmobiles may improve ice rescue
response times while maintaining the safety of Coast Guard personnel engaged in
ice search and rescue. The plan shall include consideration of input from
Officers in Charge, commanding officers, and commanders of such units.
(b) Elements.--The plan required under subsection (a) shall include--
(1) a consideration of input from Officers in Charge, commanding
officers, and commanders of Coast Guard units described in subsection
(a);
(2) a detailed description of the estimated costs of procuring,
maintaining, and training members of the Coast Guard at such units to
use snowmobiles; and
(3) an assessment of--
(A) the degree to which snowmobiles may improve ice rescue
response times while maintaining the safety of Coast Guard
personnel engaged in ice search and rescue;
(B) the operational capabilities of a snowmobile, as
compared to an airboat, and a force laydown assessment with
respect to the assets needed for effective operations at Coast
Guard units conducting ice search and rescue activities; and
(C) the potential risks to members of the Coast Guard and
members of the public posed by the use of snowmobiles by members
of the Coast Guard for ice search and rescue activities.
(c) Public Availability.--Not later than 1 year after the date of enactment
of this Act, the Commandant shall finalize the plan required under subsection
(a) and make the plan available on a publicly accessible website of the Coast
Guard.
SEC. 11216. GREAT LAKES BARGE INSPECTION EXEMPTION.
Section 3302(m) of title 46, United States Code, is amended--
(1) in the matter preceding paragraph (1) by inserting ``or a Great
Lakes barge'' after ``seagoing barge''; and
(2) by striking ``section 3301(6) of this title'' and inserting
``paragraph (6) or (13) of section 3301 of this title''.
SEC. 11217. STUDY ON SUFFICIENCY OF COAST GUARD AVIATION ASSETS TO MEET MISSION
DEMANDS.
(a) In General.--Not later than 1 year after the date of enactment of this
Act, the Commandant shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on--
(1) the force laydown of Coast Guard aviation assets; and
(2) any geographic gaps in coverage by Coast Guard assets in areas
in which the Coast Guard has search and rescue responsibilities.
(b) Elements.--The report required under subsection (a) shall include the
following:
(1) The distance, time, and weather challenges that MH-65 and MH-60
units may face in reaching the outermost limits of the area of operation
of Coast Guard District 8 and Coast Guard District 9 for which such
units are responsible.
(2) An assessment of the advantages that Coast Guard fixed-wing
assets, or an alternate rotary wing asset, would offer to the outermost
limits of any area of operation for purposes of search and rescue, law
enforcement, ice operations, and logistical missions.
(3) A comparison of advantages and disadvantages of the manner in
which each of the Coast Guard fixed-wing aircraft would operate in the
outermost limits of any area of operation.
(4) A specific assessment of the coverage gaps, including gaps in
fixed-wing coverage, and potential solutions to address such gaps in the
area of operation of Coast Guard District 8 and Coast Guard District 9,
including the eastern region of such area of operation with regard to
Coast Guard District 9 and the southern region of such area of operation
with regard to Coast Guard District 8.
Subtitle C--Arctic
SEC. 11218. ESTABLISHMENT OF MEDIUM ICEBREAKER PROGRAM OFFICE.
(a) In General.--Not later than 180 days after the date of enactment of this
Act, the Commandant, in consultation with the heads of the other Federal
agencies as appropriate, shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report to establish a fleet mix
analysis with respect to polar icebreakers and icebreaking tugs.
(b) Contents.--The report required under subsection (a) shall include--
(1) a full fleet mix of heavy and medium icebreaker and 140-foot
icebreaking tug replacements, including cost and timelines for the
acquisition of such vessels;
(2) a revised time table showing the construction, commissioning,
and acceptance of planned Polar Security Cutters 1 through 3, as of the
date of report;
(3) a comparison and alternatives analysis of the costs and timeline
of constructing 2 Polar Security Cutters beyond the construction of 3
such vessels rather than constructing 3 Arctic Security Cutters,
including the cost of planning, design, and engineering of a new class
of ships, which shall include the increased costs resulting from the
delays in building a new class of cutters rather than building 2
additional cutters from an ongoing production line;
(4) the operational benefits, limitations, and risks of a common
hull design for polar icebreaking cutters for operation in the polar
regions;
(5) the operational benefits, limitations, and risks of a common
hull design for icebreaking tugs for operation in the Northeastern
United States; and
(6) the cost and timetable for replacing the Coast Guard Cutter
Healy (WAGB 20) as--
(A) a Polar Security Cutter;
(B) an Arctic Security Cutter; or
(C) other platform as determined by the Commandant.
(c) Quarterly Briefings.--As part of quarterly acquisition briefings
provided by the Commandant to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives, the Commandant shall include an
update on the status of--
(1) all acquisition activities related to the Polar Security Cutter;
(2) the performance of the entity which the Coast Guard has
contracted with for detailed design and construction of the Polar
Security Cutter; and
(3) the requirements for the planning, detailed design, engineering,
and construction of the--
(A) Arctic Security Cutter; and
(B) Great Lakes Icebreaker.
(d) Limitation.--The report required to be submitted under subsection (a)
shall not include an analysis of the Great Lakes Icebreaker authorized under
section 11104.
(e) Establishment of the Arctic Security Cutter Program Office.--
(1) Determination.--Not later than 90 days after the submission of
the report under subsection (a), the Commandant shall determine if
constructing additional Polar Security Cutters is more cost effective
and efficient than constructing 3 Arctic Security Cutters.
(2) Establishment.--If the Commandant determines under paragraph (1)
that it is more cost effective to build 3 Arctic Security Cutters than
to build additional Polar Security Cutters or if the Commandant fails to
make a determination under paragraph (1) by June 1, 2024, the Commandant
shall establish a program office for the acquisition of the Arctic
Security Cutter not later than January 1, 2025.
(3) Requirements and design phase.--Not later than 270 days after
the date on which the Commandant establishes a program office under
paragraph (2), the Commandant shall complete the evaluation of
requirements for the Arctic Security Cutter and initiate the design
phase of the Arctic Security Cutter vessel class.
(f) Quarterly Briefings.--Not less frequently than quarterly until the date
on which a contract for acquisition of the Arctic Security Cutter is awarded
under chapter 11 of title 14, United States Code, the Commandant shall provide
to the Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of Representatives a
briefing on the status of requirements evaluations, design of the vessel, and
schedule of the program.
SEC. 11219. ARCTIC ACTIVITIES.
(a) Arctic Operational Implementation Report.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall submit to the appropriate
committees of Congress a report that describes the ability and timeline to
conduct a transit of the Northern Sea Route and periodic transits of the
Northwest Passage.
(b) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Transportation and Infrastructure of
the House of Representatives.
(2) Arctic.--The term ``Arctic'' has the meaning given such term in
section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C.
4111).
SEC. 11220. STUDY ON ARCTIC OPERATIONS AND INFRASTRUCTURE.
(a) In General.--Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall commence a study on the
Arctic operations and infrastructure of the Coast Guard.
(b) Elements.--The study required under subsection (a) shall assess the
following:
(1) The extent of the collaboration between the Coast Guard and the
Department of Defense to assess, manage, and mitigate security risks in
the Arctic region.
(2) Actions taken by the Coast Guard to manage risks to Coast Guard
operations, infrastructure, and workforce planning in the Arctic.
(3) The plans the Coast Guard has in place for managing and
mitigating the risks to commercial maritime operations and the
environment in the Arctic region.
(c) Report.--Not later than 1 year after commencing the study required under
subsection (a), the Comptroller General shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report on
the findings of the study.
SEC. 11221. PRIBILOF ISLAND TRANSITION COMPLETION ACTIONS.
(a) Actual Use and Occupancy Reports.--Not later than 90 days after
enactment of this Act, and quarterly thereafter, the Secretary shall submit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and Transportation of
the Senate a report describing--
(1) the degree to which Coast Guard personnel and equipment are
deployed to St. Paul Island, Alaska, in actual occupancy of the
facilities, as required under section 524 of the Pribilof Island
Transition Completion Act of 2016 (Public Law 114-120); and
(2) the status of the activities described in subsections (c) and
(d) until such activities have been completed.
(b) Aircraft Hanger.--The Secretary may--
(1) enter into a lease for a hangar to house deployed Coast Guard
aircraft if such hanger was previously under lease by the Coast Guard
for purposes of housing such aircraft; and
(2) enter into an agreement with the lessor of such a hanger in
which the Secretary may carry out repairs necessary to support the
deployment of such aircraft and the cost of such repairs may be offset
under the terms of the lease.
(c) Fuel Tank.--
(1) In general.--Not later than 30 days after the date of enactment
of this Act, the Commandant shall notify the Alaska Native Village
Corporation for St. Paul Island, Alaska of the availability of any fuel
tank--
(A) which is located on property on St. Paul Island, Alaska,
which is leased by the Coast Guard for the purpose of housing
such a fuel tank; and
(B) for which the Commandant has determined that the Coast
Guard no longer has an operational need.
(2) Transfer.--If not later than 30 days after a notification under
subsection (a), the Alaska Native Village Corporation for St. Paul
Island, Alaska requests that the ownership of the tank be transferred to
such corporation then the Commandant shall--
(A) after conducting any necessary environmental remediation
pursuant to the lease referred to in paragraph (1)(A), transfer
ownership of such fuel tank to such corporation; and
(B) upon the date of such transfer, terminate the lease
referred to in paragraph (1)(A).
(d) Savings Clause.--Nothing in this section shall be construed to limit any
rights of the Alaska Native Village Corporation for St. Paul to receive
conveyance of all or part of the lands and improvements related to Tract 43
under the same terms and conditions as prescribed in section 524 of the Pribilof
Island Transition Completion Act of 2016 (Public Law 114-120).
SEC. 11222. REPORT ON SHIPYARDS OF FINLAND AND SWEDEN.
Not later than 2 years after the date of enactment of this Act, the
Commandant, in consultation with the Comptroller General of the United States,
shall submit to Congress a report that analyzes the shipyards of Finland and
Sweden to assess future opportunities for technical assistance related to
engineering to aid the Coast Guard in fulfilling its future mission needs.
SEC. 11223. ACQUISITION OF ICEBREAKER.
(a) In General.--The Commandant may acquire or procure 1 United States built
available icebreaker.
(b) Exemptions From Requirements.--
(1) In general.--Sections 1131, 1132(a)(2), 1132(c), 1133, and 1171
of title 14, United States Code, shall not apply to an acquisition or
procurement under subsection (a).
(2) Additional exceptions.--Paragraphs (1), (3), (4), and (5) of
subsection (a) and subsections (b), (d), and (e) of section 1132 of
title 14, United States Code, shall apply to an acquisition or
procurement under subsection (a) until the first phase of the initial
acquisition or procurement is complete and initial operating capacity is
achieved.
(c) Science Mission Requirements.--For any available icebreaker acquired or
procured under subsection (a), the Commandant shall ensure scientific research
capacity comparable to the Coast Guard Cutter Healy (WAGB 20), for the purposes
of hydrographic, bathymetric, oceanographic, weather, atmospheric, climate,
fisheries, marine mammals, genetic and other data related to the Arctic, and
other research as the Under Secretary determines appropriate.
(d) Operations and Agreements.--
(1) Coast guard.--With respect to any available icebreaker acquired
or procured under subsection (a), the Secretary shall be responsible for
any acquisition, retrofitting, operation, and maintenance costs
necessary to achieve full operational capability, including testing,
installation, and acquisition, including for the suite of hull-mounted,
ship-provided scientific instrumentation and equipment for data
collection.
(2) National oceanic and atmospheric administration.--The Under
Secretary shall not be responsible for the costs of retrofitting any
available icebreaker acquired or procured under subsection (a),
including costs relating to--
(A) vessel maintenance, construction, operations, and
crewing other than the science party; and
(B) making such icebreaker capable of conducting the
research described in subsection (c), including design,
procurement of laboratory space and equipment, and modification
of living quarters.
(3) Responsibility of under secretary.--The Under Secretary shall be
responsible for costs related to--
(A) the science party;
(B) the scientific mission; and
(C) other scientific assets and equipment that augment such
icebreaker beyond full operational capacity as determined by the
Under Secretary and Commandant.
(4) Memorandum of agreement.--The Commandant and the Under Secretary
shall enter into a memorandum of agreement to facilitate science
activities, data collection, and other procedures necessary to meet the
requirements of this section.
(e) Restriction and Briefing.--Not later than 60 days after the date of
enactment of this Act, the Commandant shall brief the appropriate congressional
committees with respect to available icebreaker acquired or procured under
subsection (a) on--
(1) a proposed concept of operations of such icebreaker;
(2) a detailed cost estimate for such icebreaker, including
estimated costs for acquisition, modification, shoreside infrastructure,
crewing, and maintaining such an icebreaker by year for the estimated
service life of such icebreaker; and
(3) the expected capabilities of such icebreaker as compared to the
capabilities of a fully operational Coast Guard built Polar Security
Cutter for each year in which such an icebreaker is anticipated to serve
in lieu of such a cutter and the projected annual costs to achieve such
anticipated capabilities.
(f) Interim Report.--Not later than 30 days after the date of enactment of
this Act, and not later than every 90 days thereafter until any available
icebreaker acquired or procured under subsection (a) has reached full
operational capability, the Commandant shall provide to the appropriate
Committees of Congress an interim report of the status and progress of all
elements under subsection (d).
(g) Rule of Construction.--Nothing in this section shall effect acquisitions
of vessels by the Under Secretary.
(h) Savings Clause.--
(1) In general.--Any operations necessary for the saving of life or
property at sea, response to environmental pollution, national security,
defense readiness, or other missions as determined by the Commandant
shall take priority over any scientific or economic missions under
subsection (c).
(2) Augmentation.--Any available icebreaker acquired or procured
under subsection (a) shall augment the Coast Guard mission in the
Arctic, including by conducting operations and missions that are in
addition to missions conducted by the Coast Guard Cutter Healy (WAGB 20)
in the region.
(i) Definitions.--In this section:
(1) Appropriate congressional committees.--The term ``appropriate
congressional committees'' means the Committee on Transportation and
Infrastructure and the Committee on Appropriations of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the Senate.
(2) Arctic.--The term ``Arctic'' has the meaning given such term in
section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C.
4111).
(3) Available icebreaker.--The term ``available icebreaker'' means a
vessel that--
(A) is capable of--
(i) supplementing United States Coast Guard polar
icebreaking capabilities in the Arctic region of the
United States;
(ii) projecting United States sovereignty;
(iii) ensuring a continuous operational capability
in the Arctic region of the United States;
(iv) carrying out the primary duty of the Coast
Guard described in section 103(7) of title 14, United
States Code; and
(v) collecting hydrographic, environmental, and
climate data; and
(B) is documented with a coastwise endorsement under chapter
121 of title 46, United States Code.
(4) Under secretary.--The term ``Under Secretary'' means the Under
Secretary of Commerce for Oceans and Atmosphere.
(j) Sunset.--The authority under subsections (a) through (c) shall expire on
the date that is 3 years after the date of enactment of this Act.
Subtitle D--Maritime Cyber and Artificial Intelligence
SEC. 11224. ENHANCING MARITIME CYBERSECURITY.
(a) Definitions.--In this section:
(1) Cyber incident.--The term ``cyber incident'' means an occurrence
that actually or imminently jeopardizes, without lawful authority, the
integrity, confidentiality, or availability of information on an
information system, or actually or imminently jeopardizes, without
lawful authority, an information system.
(2) Maritime operators.--The term ``maritime operators'' means the
owners or operators of vessels engaged in commercial service, the owners
or operators of facilities, and port authorities.
(3) Facilities.--The term ``facilities'' has the meaning given the
term ``facility'' in section 70101 of title 46, United States Code.
(b) Public Availability of Cybersecurity Tools and Resources.--
(1) In general.--Not later than 2 years after the date of enactment
of this Act, the Commandant, in coordination with the Administrator of
the Maritime Administration, the Director of the Cybersecurity and
Infrastructure Security Agency, and the Director of the National
Institute of Standards and Technology, shall identify and make available
to the public a list of tools and resources, including the resources of
the Coast Guard and the Cybersecurity and Infrastructure Security
Agency, designed to assist maritime operators in identifying, detecting,
protecting against, mitigating, responding to, and recovering from cyber
incidents.
(2) Identification.--In carrying out paragraph (1), the Commandant,
the Administrator of the Maritime Administration, the Director of the
Cybersecurity and Infrastructure Security Agency, and the Director of
the National Institute of Standards and Technology shall identify tools
and resources that--
(A) comply with the cybersecurity framework for improving
critical infrastructure established by the National Institute of
Standards and Technology; or
(B) use the guidelines on maritime cyber risk management
issued by the International Maritime Organization on July 5,
2017 (or successor guidelines).
(3) Consultation.--The Commandant, the Administrator of the Maritime
Administration, the Director of the Cybersecurity and Infrastructure
Security Agency, and the Director of the National Institute of Standards
and Technology may consult with maritime operators, other Federal
agencies, industry stakeholders, and cybersecurity experts to identify
tools and resources for purposes of this section.
SEC. 11225. ESTABLISHMENT OF UNMANNED SYSTEM PROGRAM AND AUTONOMOUS CONTROL AND
COMPUTER VISION TECHNOLOGY PROJECT.
(a) In General.--Section 319 of title 14, United States Code, is amended to
read as follows:
``Sec. 319. Unmanned system program and autonomous control and computer vision
technology project
``(a) Unmanned System Program.--Not later than 2 years after the date of
enactment of this section, the Secretary shall establish, under the control of
the Commandant, an unmanned system program for the use by the Coast Guard of
land-based, cutter-based, and aircraft-based unmanned systems for the purpose of
increasing effectiveness and efficiency of mission execution.
``(b) Autonomous Control and Computer Vision Technology Project.--
``(1) In general.--The Commandant shall conduct a project to
retrofit 2 or more existing Coast Guard small boats deployed at
operational units with--
``(A) commercially available autonomous control and computer
vision technology; and
``(B) such sensors and methods of communication as are
necessary to control, and technology to assist in conducting,
search and rescue, surveillance, and interdiction missions.
``(2) Data collection.--As part of the project required under
paragraph (1), the Commandant shall collect and evaluate field-collected
operational data from the retrofit described in such paragraph to inform
future requirements.
``(3) Briefing.--Not later than 180 days after the date on which the
project required under paragraph (1) is completed, the Commandant shall
provide to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a briefing on the project that includes an
evaluation of the data collected from the project.
``(c) Unmanned System Defined.--In this section, the term `unmanned system'
means--
``(1) an unmanned aircraft system (as such term is defined in
section 44801 of title 49);
``(2) an unmanned marine surface system; and
``(3) an unmanned marine subsurface system.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 14, United
States Code, is amended by striking the item relating to section 319 and
inserting the following:
``319. Unmanned system program and autonomous control and computer
vision technology project.''.
(c) Submission to Congress.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a detailed
description of the strategy of the Coast Guard to implement unmanned systems
across mission areas, including--
(1) the steps taken to implement actions recommended in the
consensus study report of the National Academies of Sciences,
Engineering, and Medicine titled ``Leveraging Unmanned Systems for Coast
Guard Missions: A Strategic Imperative'', published on November 12,
2020;
(2) the strategic goals and acquisition strategies for proposed uses
and procurements of unmanned systems;
(3) a strategy to sustain competition and innovation for procurement
of unmanned systems and services for the Coast Guard, including defining
opportunities for new and existing technologies; and
(4) an estimate of the timeline, costs, staff resources, technology,
or other resources necessary to accomplish the strategy.
(d) Cost Assessment.--Not later than 1 year after the date of the enactment
of this Act, the Commandant shall provide to Congress an estimate of the costs
associated with implementing the amendments made by this section.
SEC. 11226. ARTIFICIAL INTELLIGENCE STRATEGY.
(a) Coordination of Data and Artificial Intelligence Activities Relating to
Identifying, Demonstrating, and Where Appropriate Transitioning to Operational
Use.--
(1) In general.--The Commandant shall coordinate data and artificial
intelligence activities relating to identifying, demonstrating and where
appropriate transitioning to operational use of artificial intelligence
technologies when such technologies enhance mission capability or
performance.
(2) Emphasis.--The set of activities established under paragraph (1)
shall--
(A) apply data analytics, artificial intelligence, and
machine-learning solutions to operational and mission-support
problems; and
(B) coordinate activities involving artificial intelligence
and artificial intelligence-enabled capabilities within the
Coast Guard.
(b) Designated Official.--
(1) In general.--Not later than 1 year after the date of enactment
of this Act, the Commandant shall designate a senior official of the
Coast Guard (referred to in this section as the ``designated official'')
with the principal responsibility for the coordination of data and
artificial intelligence activities relating to identifying,
demonstrating, and, where appropriate, transitioning to operational use
artificial intelligence and machine learning for the Coast Guard.
(2) Governance and oversight of artificial intelligence and machine
learning policy.--The designated official shall regularly convene
appropriate officials of the Coast Guard--
(A) to integrate the functional activities of the Coast
Guard with respect to data, artificial intelligence, and machine
learning;
(B) to ensure that there are efficient and effective data,
artificial intelligence, and machine-learning capabilities
throughout the Coast Guard, where appropriate; and
(C) to develop and continuously improve research,
innovation, policy, joint processes, and procedures to
facilitate the coordination of data and artificial intelligence
activities relating to identification, demonstration, and, where
appropriate, transition into operational use artificial
intelligence and machine learning throughout the Coast Guard.
(c) Strategic Plan.--
(1) In general.--The designated official shall develop a strategic
plan to coordinate activities relating to identifying, demonstrating,
and transitioning artificial intelligence technologies into operational
use where appropriate.
(2) Elements.--The plan required by paragraph (1) shall include the
following:
(A) A strategic roadmap for the coordination of data and
artificial intelligence activities for the identification,
demonstration, and transition to operational use, where
appropriate, artificial intelligence technologies and key
enabling capabilities.
(B) The continuous identification, evaluation, and
adaptation of relevant artificial intelligence capabilities
adopted by the Coast Guard and developed and adopted by other
organizations for military missions and business operations.
(C) Consideration of the identification, adoption, and
procurement of artificial intelligence technologies for use in
operational and mission support activities.
(3) Submission to commandant.--Not later than 2 years after the date
of enactment of this Act, the designated official shall submit to the
Commandant the plan developed under paragraph (1).
(4) Submission to congress.--Not later than 2 years after the date
of enactment of this Act, the Commandant shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives the
plan developed under paragraph (1).
SEC. 11227. REVIEW OF ARTIFICIAL INTELLIGENCE APPLICATIONS AND ESTABLISHMENT OF
PERFORMANCE METRICS.
(a) In General.--Not later than 2 years after the date of enactment of this
Act, the Commandant shall--
(1) review the potential applications of artificial intelligence and
digital technology to the platforms, processes, and operations of the
Coast Guard;
(2) identify the resources necessary to improve the use of
artificial intelligence and digital technology in such platforms,
processes, and operations; and
(3) establish performance objectives and accompanying metrics for
the incorporation of artificial intelligence and digital readiness into
such platforms, processes, and operations.
(b) Performance Objectives and Accompanying Metrics.--
(1) Skill gaps.--In carrying out subsection (a), the Commandant
shall--
(A) conduct a comprehensive review and assessment of--
(i) skill gaps in the fields of software
development, software engineering, data science, and
artificial intelligence;
(ii) the qualifications of civilian personnel needed
for both management and specialist tracks in such
fields; and
(iii) the qualifications of military personnel
(officer and enlisted) needed for both management and
specialist tracks in such fields; and
(B) establish recruiting, training, and talent management
performance objectives and accompanying metrics for achieving
and maintaining staffing levels needed to fill identified gaps
and meet the needs of the Coast Guard for skilled personnel.
(2) AI modernization activities.--In carrying out subsection (a),
the Commandant shall--
(A) assess investment by the Coast Guard in artificial
intelligence innovation, science and technology, and research
and development;
(B) assess investment by the Coast Guard in test and
evaluation of artificial intelligence capabilities;
(C) assess the integration of, and the resources necessary
to better use artificial intelligence in wargames, exercises,
and experimentation;
(D) assess the application of, and the resources necessary
to better use, artificial intelligence in logistics and
sustainment systems;
(E) assess the integration of, and the resources necessary
to better use, artificial intelligence for administrative
functions;
(F) establish performance objectives and accompanying
metrics for artificial intelligence modernization activities of
the Coast Guard; and
(G) identify the resources necessary to effectively use
artificial intelligence to carry out the missions of the Coast
Guard.
(c) Report to Congress.--Not later than 180 days after the completion of the
review required under subsection (a)(1), the Commandant shall submit to the
Committee on Commerce, Science, and Transportation and the Committee on
Appropriations of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Appropriations of the House of
Representatives a report on--
(1) the findings of the Commandant with respect to such review and
any action taken or proposed to be taken by the Commandant, and the
resources necessary to address such findings;
(2) the performance objectives and accompanying metrics established
under subsections (a)(3) and (b)(1)(B); and
(3) any recommendation with respect to proposals for legislative
change necessary to successfully implement artificial intelligence
applications within the Coast Guard.
SEC. 11228. CYBER DATA MANAGEMENT.
(a) In General.--The Commandant and the Director of the Cybersecurity and
Infrastructure Security Agency shall--
(1) develop policies, processes, and operating procedures
governing--
(A) access to and the ingestion, structure, storage, and
analysis of information and data relevant to the Coast Guard
Cyber Mission, including--
(i) intelligence data relevant to Coast Guard
missions;
(ii) internet traffic, topology, and activity data
relevant to such missions; and
(iii) cyber threat information relevant to such
missions; and
(B) data management and analytic platforms relating to such
missions; and
(2) evaluate data management platforms referred to in paragraph
(1)(B) to ensure that such platforms operate consistently with the Coast
Guard Data Strategy.
(b) Report.--Not later than 1 year after the date of enactment of this Act,
the Commandant shall submit to the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Transportation and Infrastructure and the
Committee on Homeland Security of the House of Representatives a report that
includes--
(1) an assessment of the progress on the activities required by
subsection (a); and
(2) any recommendation with respect to funding or additional
authorities necessary, including proposals for legislative change, to
improve Coast Guard cyber data management.
SEC. 11229. DATA MANAGEMENT.
Section 504(a) of title 14, United States Code, is amended--
(1) in paragraph (24) by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (25) by striking the period and inserting ``;
and''; and
(3) by adding at the end the following:
``(26) develop data workflows and processes for the leveraging of
mission-relevant data by the Coast Guard to enhance operational
effectiveness and efficiency.''.
SEC. 11230. STUDY ON CYBER THREATS TO UNITED STATES MARINE TRANSPORTATION
SYSTEM.
(a) In General.--Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall commence a study on
cyber threats to the United States marine transportation system.
(b) Elements.--The study required under paragraph (1) shall assess the
following:
(1) The extent to which the Coast Guard, in collaboration with other
Federal agencies, sets standards for the cybersecurity of facilities and
vessels regulated under part 104, 105, or 106 of title 33, Code of
Federal Regulations, as in effect on the date of enactment of this Act.
(2) The manner in which the Coast Guard ensures cybersecurity
standards are followed by port, vessel, and facility owners and
operators.
(3) The extent to which maritime sector-specific planning addresses
cybersecurity, particularly for vessels and offshore platforms.
(4) The manner in which the Coast Guard, other Federal agencies, and
vessel and offshore platform operators exchange information regarding
cyber risks.
(5) The extent to which the Coast Guard is developing and deploying
cybersecurity specialists in port and vessel systems and collaborating
with the private sector to increase the expertise of the Coast Guard
with respect to cybersecurity.
(6) The cyber resource and workforce needs of the Coast Guard
necessary to meet future mission demands.
(c) Report.--Not later than 1 year after commencing the study required under
subsection (a), the Comptroller General shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report on
the findings of the study.
(d) Facility Defined.--In this section, the term ``facility'' has the
meaning given the term in section 70101 of title 46, United States Code.
Subtitle E--Aviation
SEC. 11231. SPACE-AVAILABLE TRAVEL ON COAST GUARD AIRCRAFT: PROGRAM
AUTHORIZATION AND ELIGIBLE RECIPIENTS.
(a) In General.--Subchapter I of chapter 5 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 509. Space-available travel on Coast Guard aircraft
``(a) Establishment.--
``(1) In general.--The Commandant may establish a program to provide
transportation on Coast Guard aircraft on a space-available basis to the
categories of eligible individuals described in subsection (c) (in this
section referred to as the `program').
``(2) Policy development.--Not later than 1 year after the date on
which the program is established, the Commandant shall develop a policy
for the operation of the program.
``(b) Operation of Program.--
``(1) In general.--The Commandant shall operate the program in a
budget-neutral manner.
``(2) Limitations.--
``(A) In general.--Except as provided in subparagraph (B),
no additional funds may be used, or flight hours performed, for
the purpose of providing transportation under the program.
``(B) De minimis expenditures.--The Commandant may make de
minimis expenditures of resources required for the
administrative aspects of the program.
``(3) Reimbursement not required.--Eligible individuals described in
subsection (c) shall not be required to reimburse the Coast Guard for
travel provided under this section.
``(c) Categories of Eligible Individuals.--Subject to subsection (d), the
categories of eligible individuals described in this subsection are the
following:
``(1) Members of the armed forces on active duty.
``(2) Members of the Selected Reserve who hold a valid Uniformed
Services Identification and Privilege Card.
``(3) Retired members of a regular or reserve component of the armed
forces, including retired members of reserve components who, but for
being under the eligibility age applicable under section 12731 of title
10, would be eligible for retired pay under chapter 1223 of title 10.
``(4) Subject to subsection (f), veterans with a permanent service-
connected disability rated as total.
``(5) Such categories of dependents of individuals described in
paragraphs (1) through (3) as the Commandant shall specify in the policy
under subsection (a)(2), under such conditions and circumstances as the
Commandant shall specify in such policy.
``(6) Such other categories of individuals as the Commandant
considers appropriate.
``(d) Requirements.--In operating the program, the Commandant shall--
``(1) in the sole discretion of the Commandant, establish an order
of priority for transportation for categories of eligible individuals
that is based on considerations of military necessity, humanitarian
concerns, and enhancement of morale;
``(2) give priority in consideration of transportation to the
demands of members of the armed forces in the regular components and in
the reserve components on active duty and to the need to provide such
members, and their dependents, a means of respite from such demands; and
``(3) implement policies aimed at ensuring cost control (as required
under subsection (b)) and the safety, security, and efficient processing
of travelers, including limiting the benefit under the program to 1 or
more categories of otherwise eligible individuals, as the Commandant
considers necessary.
``(e) Transportation.--
``(1) In general.--Notwithstanding subsection (d)(1), in
establishing space-available transportation priorities under the
program, the Commandant shall provide transportation for an individual
described in paragraph (2), and a single dependent of the individual if
needed to accompany the individual, at a priority level in the same
category as the priority level for an unaccompanied dependent over the
age of 18 years traveling on environmental and morale leave.
``(2) Individuals covered.--Subject to paragraph (3), paragraph (1)
applies with respect to an individual described in subsection (c)(3)
who--
``(A) resides in or is located in a Commonwealth or
possession of the United States; and
``(B) is referred by a military or civilian primary care
provider located in that Commonwealth or possession to a
specialty care provider for services to be provided outside of
such Commonwealth or possession.
``(3) Application to certain retired individuals.--If an individual
described in subsection (c)(3) is a retired member of a reserve
component who is ineligible for retired pay under chapter 1223 of title
10 by reason of being under the eligibility age applicable under section
12731 of title 10, paragraph (1) applies to the individual only if the
individual is also enrolled in the TRICARE program for certain members
of the Retired Reserve authorized under section 1076e of title 10.
``(4) Priority.--The priority for space-available transportation
required by this subsection applies with respect to--
``(A) the travel from the Commonwealth or possession of the
United States to receive the specialty care services; and
``(B) the return travel.
``(5) Primary care provider and specialty care provider defined.--In
this subsection, the terms `primary care provider' and `specialty care
provider' refer to a medical or dental professional who provides health
care services under chapter 55 of title 10.
``(f) Limitations on Travel.--
``(1) In general.--Travel may not be provided under this section to
a veteran eligible for travel pursuant to paragraph (4) of subsection
(c) in priority over any member eligible for travel under paragraph (1)
of that subsection or any dependent of such a member eligible for travel
under this section.
``(2) Rule of construction.--Subsection (c)(4) may not be construed
as--
``(A) affecting or in any way imposing on the Coast Guard,
any armed force, or any commercial entity with which the Coast
Guard or an armed force contracts, an obligation or expectation
that the Coast Guard or such armed force will retrofit or alter,
in any way, military aircraft or commercial aircraft, or related
equipment or facilities, used or leased by the Coast Guard or
such armed force to accommodate passengers provided travel under
such authority on account of disability; or
``(B) preempting the authority of an aircraft commander to
determine who boards the aircraft and any other matters in
connection with safe operation of the aircraft.
``(g) Application of Section.--The authority to provide transportation under
the program is in addition to any other authority under law to provide
transportation on Coast Guard aircraft on a space-available basis.''.
(b) Clerical Amendment.--The analysis for chapter 5 of title 14, United
States Code, is amended by inserting after the item relating to section 508 the
following:
``509. Space-available travel on Coast Guard aircraft.''.
SEC. 11232. REPORT ON COAST GUARD AIR STATION BARBERS POINT HANGAR.
(a) In General.--Not later than 180 days after the date of enactment of this
Act, the Commandant shall submit to the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the Senate and the
Committee on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives a report on facilities
requirements for constructing a hangar at Coast Guard Air Station Barbers Point
at Oahu, Hawaii.
(b) Elements.--The report required by subsection (a) shall include the
following:
(1) A description of the--
(A) $45,000,000 phase one design for the hangar at Coast
Guard Air Station Barbers Point funded by the Consolidated
Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 1132);
and
(B) phase two facility improvements referenced in the U.S.
Coast Guard Unfunded Priority List for fiscal year 2023.
(2) An evaluation of the full facilities requirements for such
hangar and maintenance facility improvements to house, maintain, and
operate the MH-65 and HC-130J, including--
(A) storage and provision of fuel; and
(B) maintenance and parts storage facilities.
(3) An evaluation of facilities growth requirements for possible
future basing of the MH-60 with the C-130J at Coast Guard Air Station
Barbers Point.
(4) A description of and cost estimate for each project phase for
the construction of such hangar and maintenance facility improvements.
(5) A description of the plan for sheltering in the hangar during
extreme weather events aircraft of the Coast Guard and partner agencies,
such as the National Oceanic and Atmospheric Administration.
(6) A description of the risks posed to operations at Coast Guard
Air Station Barbers Point if future project phases for the construction
of such hangar are not funded.
SEC. 11233. STUDY ON OPERATIONAL AVAILABILITY OF COAST GUARD AIRCRAFT AND
STRATEGY FOR COAST GUARD AVIATION.
(a) Study.--
(1) In general.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall commence
a study on the operational availability of Coast Guard aircraft.
(2) Elements.--The study required under paragraph (1) shall include
the following:
(A) An assessment of--
(i) the extent to which the fixed-wing and rotary-
wing aircraft of the Coast Guard have met annual
operational availability targets in recent years;
(ii) the challenges the Coast Guard may face with
respect to such aircraft meeting operational
availability targets, and the effects of such challenges
on the ability of the Coast Guard to meet mission
requirements; and
(iii) the status of Coast Guard efforts to upgrade
or recapitalize its fleet of such aircraft to meet
growth in future mission demands globally, such as in
the Western Hemisphere, the Arctic region, and the
Western Pacific region.
(B) Any recommendation with respect to the operational
availability of Coast Guard aircraft.
(C) The resource and workforce requirements necessary for
Coast Guard Aviation to meet current and future mission demands
specific to each rotary-wing and fixed-wing airframe type in the
current inventory of the Coast Guard.
(3) Report.--On completion of the study required under paragraph
(1), the Comptroller General shall submit to the Commandant a report on
the findings of the study.
(b) Coast Guard Aviation Strategy.--
(1) In general.--Not later than 180 days after the date on which the
study under subsection (a) is completed, the Commandant shall develop a
comprehensive strategy for Coast Guard Aviation that is informed by the
relevant recommendations and findings of the study.
(2) Elements.--The strategy required under paragraph (1) shall
include the following:
(A) With respect to aircraft of the Coast Guard--
(i) an analysis of--
(I) the current and future operations and
future resource needs, including the potential
need for a second rotary wing airframe to carry
out cutter-based operations and National Capital
Region air interdiction mission; and
(II) the manner in which such future needs
are integrated with the Future Vertical Lift
initiatives of the Department of Defense; and
(ii) an estimated timeline with respect to when such
future needs will arise.
(B) The projected number of aviation assets, the locations
at which such assets are to be stationed, the cost of operation
and maintenance of such assets, and an assessment of the
capabilities of such assets as compared to the missions they are
expected to execute, at the completion of major procurement and
modernization plans.
(C) A procurement plan, including an estimated timetable and
the estimated appropriations necessary for all platforms,
including unmanned aircraft.
(D) A training plan for pilots and aircrew that addresses--
(i) the use of simulators owned and operated by the
Coast Guard, and simulators that are not owned or
operated by the Coast Guard, including any such
simulators based outside the United States; and
(ii) the costs associated with attending training
courses.
(E) Current and future requirements for cutter and land-
based deployment of aviation assets globally, including in the
Arctic, the Eastern Pacific, the Western Pacific, the Caribbean,
the Atlantic Basin, and any other area the Commandant considers
appropriate.
(F) A description of the feasibility of deploying, and the
resource requirements necessary to deploy, rotary-winged assets
onboard all future Arctic cutter patrols.
(G) An evaluation of current and future facilities needs for
Coast Guard aviation units.
(H) An evaluation of pilot and aircrew training and
retention needs, including aviation career incentive pay,
retention bonuses, and any other workforce tools the Commandant
considers necessary.
(3) Briefing.--Not later than 180 days after the date on which the
strategy required under paragraph (1) is completed, the Commandant shall
provide to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a briefing on the strategy.
Subtitle F--Workforce Readiness
SEC. 11234. AUTHORIZED STRENGTH.
Section 3702 of title 14, United States Code, is amended by adding at the
end the following:
``(c) The Secretary may vary the authorized end strength of the Coast Guard
Selected Reserves for a fiscal year by a number equal to not more than 3 percent
of such end strength upon a determination by the Secretary that varying such
authorized end strength is in the national interest.
``(d) The Commandant may increase the authorized end strength of the Coast
Guard Selected Reserves by a number equal to not more than 2 percent of such
authorized end strength upon a determination by the Commandant that such
increase would enhance manning and readiness in essential units or in critical
specialties or ratings.''.
SEC. 11235. CONTINUATION OF OFFICERS WITH CERTAIN CRITICAL SKILLS ON ACTIVE
DUTY.
(a) In General.--Chapter 21 of title 14, United States Code, is amended by
inserting after section 2165 the following:
``Sec. 2166. Continuation on active duty; Coast Guard officers with certain
critical skills
``(a) In General.--The Commandant may authorize an officer in a grade above
grade O-2 to remain on active duty after the date otherwise provided for the
retirement of such officer in section 2154 of this title, if the officer
possesses a critical skill, or specialty, or is in a career field designated
pursuant to subsection (b).
``(b) Critical Skills, Specialty, or Career Field.--The Commandant shall
designate any critical skill, specialty, or career field eligible for
continuation on active duty as provided in subsection (a).
``(c) Duration of Continuation.--An officer continued on active duty
pursuant to this section shall, if not earlier retired, be retired on the first
day of the month after the month in which the officer completes 40 years of
active service.
``(d) Policy.--The Commandant shall carry out this section by prescribing
policy which shall specify the criteria to be used in designating any critical
skill, specialty, or career field for purposes of subsection (b).''.
(b) Clerical Amendment.--The analysis for chapter 21 of title 14, United
States Code, is amended by inserting after the item relating to section 2165 the
following:
``2166. Continuation on active duty; Coast Guard officers with certain
critical skills.''.
SEC. 11236. NUMBER AND DISTRIBUTION OF OFFICERS ON ACTIVE DUTY PROMOTION LIST.
(a) Maximum Number of Officers.--Section 2103(a) of title 14, United States
Code, is amended to read as follows:
``(a) Maximum Total Number.--
``(1) In general.--The total number of Coast Guard commissioned
officers on the active duty promotion list, excluding warrant officers,
shall not exceed--
``(A) 7,100 in fiscal year 2022;
``(B) 7,200 in fiscal year 2023;
``(C) 7,300 in fiscal year 2024; and
``(D) 7,400 in fiscal year 2025 and each subsequent fiscal
year.
``(2) Temporary increase.--Notwithstanding paragraph (1), the
Commandant may temporarily increase the total number of commissioned
officers permitted under such paragraph by up to 4 percent for not more
than 60 days after the date of the commissioning of a Coast Guard
Academy class.
``(3) Notification.--Not later than 30 days after exceeding the
total number of commissioned officers permitted under paragraphs (1) and
(2), and each 30 days thereafter until the total number of commissioned
officers no longer exceeds the number of such officers permitted under
paragraphs (1) and (2), the Commandant shall notify the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate of
the number of officers on the active duty promotion list on the last day
of the preceding 30-day period.''.
(b) Officers Not on Active Duty Promotion List.--
(1) In general.--Chapter 51 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 5113. Officers not on active duty promotion list
``Not later than 60 days after the date on which the President submits to
Congress a budget pursuant to section 1105 of title 31, the Commandant shall
submit to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and Transportation of
the Senate the number of Coast Guard officers serving at other Federal entities
on a reimbursable basis, and the number of Coast Guard officers who are serving
at other Federal agencies on a non-reimbursable basis, but not on the active
duty promotion list.''.
(2) Clerical amendment.--The analysis for chapter 51 of title 14,
United States Code, is amended by adding at the end the following:
``5113. Officers not on active duty promotion list.''.
SEC. 11237. CAREER INCENTIVE PAY FOR MARINE INSPECTORS.
(a) Authority To Provide Assignment Pay or Special Duty Pay.--The Secretary
may provide assignment pay or special duty pay under section 352 of title 37,
United States Code, to a member of the Coast Guard serving in a prevention
position and assigned as a marine inspector or marine investigator pursuant to
section 312 of title 14, United States Code.
(b) Annual Briefing.--
(1) In general.--Not later than 180 days after the date of enactment
of this Act, and annually thereafter, the Secretary shall provide to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a briefing on any uses of the authority under subsection
(a) during the preceding year.
(2) Elements.--Each briefing required under paragraph (1) shall
include the following:
(A) The number of members of the Coast Guard serving as
marine inspectors or marine investigators pursuant to section
312 of title 14, United States Code, who are receiving
assignment pay or special duty pay under section 352 of title
37, United States Code.
(B) An assessment of the impact of the use of the authority
under this section on the effectiveness and efficiency of the
Coast Guard in administering the laws and regulations for the
promotion of safety of life and property on and under the high
seas and waters subject to the jurisdiction of the United
States.
(C) An assessment of the effects of assignment pay and
special duty pay on retention of marine inspectors and
investigators.
(D) If the authority provided in subsection (a) is not
exercised, a detailed justification for not exercising such
authority, including an explanation of the efforts the Secretary
is taking to ensure that the Coast Guard workforce contains an
adequate number of qualified marine inspectors.
(c) Study.--
(1) In general.--Not later than 2 years after the date of enactment
of this Act, the Secretary, in coordination with the Director of the
National Institute for Occupational Safety and Health, shall conduct a
study on the health of marine inspectors and marine investigators who
have served as such inspectors or investigators for a period of not less
than 10 years.
(2) Elements.--The study required under paragraph (1) shall include
the following:
(A) An evaluation of--
(i) the daily vessel inspection duties of marine
inspectors and marine investigators, including the
examination of internal cargo tanks and voids and new
construction activities;
(ii) major incidents to which marine inspectors and
marine investigators have had to respond, and any other
significant incident, such as a vessel casualty, that
has resulted in the exposure of marine inspectors and
marine investigators to hazardous chemicals or
substances; and
(iii) the types of hazardous chemicals or substances
to which marine inspectors and marine investigators have
been exposed relative to the effects such chemicals or
substances have had on marine inspectors and marine
investigators.
(B) A review and analysis of the current Coast Guard health
and safety monitoring systems, and recommendations for improving
such systems, specifically with respect to the exposure of
members of the Coast Guard to hazardous substances while
carrying out inspections and investigation duties.
(C) Any other element the Secretary considers appropriate.
(3) Report.--Upon completion of the study required under paragraph
(1), the Secretary shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the findings
of the study and recommendations for actions the Commandant should take
to improve the health and exposure of marine inspectors and marine
investigators.
(d) Termination.--The authority provided by subsection (a) shall terminate
on December 31, 2028.
SEC. 11238. EXPANSION OF ABILITY FOR SELECTION BOARD TO RECOMMEND OFFICERS OF
PARTICULAR MERIT FOR PROMOTION.
Section 2116(c)(1) of title 14, United States Code, is amended, in the
second sentence, by inserting ``three times'' after ``may not exceed''.
SEC. 11239. MODIFICATION TO EDUCATION LOAN REPAYMENT PROGRAM.
(a) In General.--Section 2772 of title 14, United States Code, is amended to
read as follows:
``Sec. 2772. Education loan repayment program for members on active duty in
specified military specialties
``(a) In General.--
``(1) Repayment.--Subject to the provisions of this section, the
Secretary may repay--
``(A) any loan made, insured, or guaranteed under
part B of title IV of the Higher Education Act of 1965
(20 U.S.C. 1071 et seq.);
``(B) any loan made under part D of such title (the
William D. Ford Federal Direct Loan Program, 20 U.S.C.
1087a et seq.);
``(C) any loan made under part E of such title (20
U.S.C. 1087aa et seq.); or
``(D) any loan incurred for educational purposes
made by a lender that is--
``(i) an agency or instrumentality of a
State;
``(ii) a financial or credit institution
(including an insurance company) that is subject
to examination and supervision by an agency of
the United States or any State;
``(iii) a pension fund approved by the
Secretary for purposes of this section; or
``(iv) a nonprofit private entity designated
by a State, regulated by such State, and
approved by the Secretary for purposes of this
section.
``(2) Requirement.--Repayment of any such loan shall be made on the
basis of each complete year of service performed by the borrower.
``(3) Eligibility.--The Secretary may repay loans described in
paragraph (1) in the case of any person for service performed on active
duty as a member in an officer program or military specialty specified
by the Secretary.
``(b) Amount.--The portion or amount of a loan that may be repaid under
subsection (a) is 33\1/3\ percent or $1,500, whichever is greater, for each year
of service.
``(c) Interest Accrual.--If a portion of a loan is repaid under this section
for any year, interest on the remainder of such loan shall accrue and be paid in
the same manner as is otherwise required.
``(d) Rule of Construction.--Nothing in this section shall be construed to
authorize refunding any repayment of a loan.
``(e) Fractional Credit for Transfer.--An individual who transfers from
service making the individual eligible for repayment of loans under this section
(as described in subsection (a)(3)) to service making the individual eligible
for repayment of loans under section 16301 of title 10 (as described in
subsection (a)(2) or (g) of that section) during a year shall be eligible to
have repaid a portion of such loan determined by giving appropriate fractional
credit for each portion of the year so served, in accordance with regulations of
the Secretary concerned.
``(f) Schedule for Allocation.--The Secretary shall prescribe a schedule for
the allocation of funds made available to carry out the provisions of this
section and section 16301 of title 10 during any year for which funds are not
sufficient to pay the sum of the amounts eligible for repayment under subsection
(a) and section 16301(a) of title 10.
``(g) Failure to Complete Period of Service.--Except an individual described
in subsection (e) who transfers to service making the individual eligible for
repayment of loans under section 16301 of title 10, a member of the Coast Guard
who fails to complete the period of service required to qualify for loan
repayment under this section shall be subject to the repayment provisions of
section 303a(e) or 373 of title 37.
``(h) Authority to Issue Regulations.--The Secretary may prescribe
procedures for implementing this section, including standards for qualified
loans and authorized payees and other terms and conditions for making loan
repayments. Such regulations may include exceptions that would allow for the
payment as a lump sum of any loan repayment due to a member under a written
agreement that existed at the time of a member's death or disability.''.
(b) Clerical Amendment.--The analysis for chapter 27 of title 14, United
States Code, is amended by striking the item relating to section 2772 and
inserting the following:
``2772. Education loan repayment program for members on active duty in
specified military specialties.''.
SEC. 11240. RETIREMENT OF VICE COMMANDANT.
Section 303 of title 14, United States Code, is amended--
(1) by amending subsection (a)(2) to read as follows:
``(2) A Vice Commandant who is retired while serving as Vice Commandant,
after serving not less than 2 years as Vice Commandant, shall be retired with
the grade of admiral, except as provided in section 306(d).''; and
(2) in subsection (c) by striking ``or Vice Commandant'' and
inserting ``or as an officer serving as Vice Commandant who has served
less than 2 years as Vice Commandant''.
SEC. 11241. REPORT ON RESIGNATION AND RETIREMENT PROCESSING TIMES AND DENIAL.
(a) In General.--Not later than 30 days after the date of enactment of this
Act, and annually thereafter, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report that
evaluates resignation and retirement processing timelines.
(b) Elements.--The report required under subsection (a) shall include, for
the preceding calendar year--
(1) statistics on the number of resignations, retirements, and other
separations that occurred;
(2) the processing time for each action described in paragraph (1);
(3) the percentage of requests for such actions that had a command
endorsement;
(4) the percentage of requests for such actions that did not have a
command endorsement; and
(5) for each denial of a request for a command endorsement and each
failure to take action on such a request, a detailed description of the
rationale for such denial or failure to take such action.
SEC. 11242. CALCULATION OF ACTIVE SERVICE.
(a) In General.--Subchapter I of chapter 25 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 2515. Calculation of active service
``Any service described, including service described prior to the date of
enactment of the Don Young Coast Guard Authorization Act of 2022, in writing,
including by electronic communication, by a representative of the Coast Guard
Personnel Service Center as service that counts toward total active service for
regular retirement under section 2152 or section 2306 shall be considered by the
President as active service for purposes of applying section 2152 or section
2306 with respect to the determination of the retirement qualification for any
officer or enlisted member to whom a description was provided.''.
(b) Clerical Amendment.--The analysis for chapter 25 of title 14, United
States Code, is amended by inserting after the item relating to section 2515 the
following:
``2515. Calculation of active service.''.
(c) Rule of Construction.--The amendment made by subsection (a)--
(1) shall only apply to officers of the Coast Guard that entered
active service after January 1, 1997, temporarily separated for a period
of time, and have retired from the Coast Guard before January 1, 2024;
and
(2) shall not apply to any member of any other uniformed service, or
to any Coast Guard member regarding active service of the member in any
other uniformed service.
SEC. 11243. PHYSICAL DISABILITY EVALUATION SYSTEM PROCEDURE REVIEW.
(a) Study.--
(1) In general.--Not later than 3 years after the date of enactment
of this Act, the Comptroller General of the United States shall complete
a study on the Coast Guard Physical Disability Evaluation System and
medical retirement procedures.
(2) Elements.--In completing the study required under paragraph (1),
the Comptroller General shall review, and provide recommendations to
address, the following:
(A) Coast Guard compliance with all applicable laws,
regulations, and policies relating to the Physical Disability
Evaluation System and the Medical Evaluation Board.
(B) Coast Guard compliance with timelines set forth in--
(i) the instruction of the Commandant entitled
``Physical Disability Evaluation System'' issued on May
19, 2006 (COMDTNST M1850.2D); and
(ii) the Physical Disability Evaluation System
Transparency Initiative (ALCGPSC 030/20).
(C) An evaluation of Coast Guard processes in place to
ensure the availability, consistency, and effectiveness of
counsel appointed by the Coast Guard Office of the Judge
Advocate General to represent members of the Coast Guard
undergoing an evaluation under the Physical Disability
Evaluation System.
(D) The extent to which the Coast Guard has and uses
processes to ensure that such counsel may perform the functions
of such counsel in a manner that is impartial, including being
able to perform such functions without undue pressure or
interference by the command of the affected member of the Coast
Guard, the Personnel Service Center, and the Coast Guard Office
of the Judge Advocate General.
(E) The frequency, including the frequency aggregated by
member pay grade, with which members of the Coast Guard seek
private counsel in lieu of counsel appointed by the Coast Guard
Office of the Judge Advocate General.
(F) The timeliness of determinations, guidance, and access
to medical evaluations necessary for retirement or rating
determinations and overall well-being of the affected member of
the Coast Guard.
(G) The guidance, formal or otherwise, provided by the
Personnel Service Center and the Coast Guard Office of the Judge
Advocate General, other than the counsel directly representing
affected members of the Coast Guard, in communication with
medical personnel examining members.
(H) The guidance, formal or otherwise, provided by the
medical professionals reviewing cases within the Physical
Disability Evaluation System to affected members of the Coast
Guard, and the extent to which such guidance is disclosed to the
commanders, commanding officers, or other members of the Coast
Guard in the chain of command of such affected members.
(I) The feasibility of establishing a program to allow
members of the Coast Guard to select an expedited review to
ensure completion of the Medical Evaluation Board report not
later than 180 days after the date on which such review was
initiated.
(b) Report.--The Comptroller General shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report on
the findings of the study conducted under subsection (a) and recommendations for
improving the Physical Disability Evaluation System process.
(c) Updated Policy Guidance.--
(1) In general.--Not later than 180 days after the date on which the
report under subsection (b) is submitted, the Commandant shall issue
updated policy guidance in response to the findings and recommendations
contained in the report.
(2) Elements.--The updated policy guidance required under paragraph
(1) shall include the following:
(A) A requirement that a member of the Coast Guard, or the
counsel of such a member, shall be informed of the contents of,
and afforded the option to be present for, any communication
between the member's command and the Personnel Service Center,
or other Coast Guard entity, with respect to the duty status of
the member.
(B) An exception to the requirement described in
subparagraph (A) that such a member, or the counsel of the
member, is not required to be informed of the contents of such a
communication if it is demonstrated that there is a legitimate
health or safety need for the member to be excluded from such
communications, supported by a medical opinion that such
exclusion is necessary for the health or safety of the member,
command, or any other individual.
(C) An option to allow a member of the Coast Guard to
initiate an evaluation by a Medical Evaluation Board if a Coast
Guard healthcare provider, or other military healthcare
provider, has raised a concern about the ability of the member
to continue serving in the Coast Guard, in accordance with
existing medical and physical disability policy.
(D) An updated policy to remove the command endorsement
requirement for retirement or separation unless absolutely
necessary for the benefit of the United States.
SEC. 11244. EXPANSION OF AUTHORITY FOR MULTIRATER ASSESSMENTS OF CERTAIN
PERSONNEL.
(a) In General.--Section 2182(a) of title 14, United States Code, is amended
by striking paragraph (2) and inserting the following:
``(2) Officers.--Each officer of the Coast Guard shall undergo a
multirater assessment before promotion to--
``(A) the grade of O-4;
``(B) the grade of O-5; and
``(C) the grade of O-6.
``(3) Enlisted members.--Each enlisted member of the Coast Guard
shall undergo a multirater assessment before advancement to--
``(A) the grade of E-7;
``(B) the grade of E-8;
``(C) the grade of E-9; and
``(D) the grade of E-10.
``(4) Selection.--An individual assessed shall not be permitted to
select the peers and subordinates who provide opinions for the
multirater assessment of such individual.
``(5) Post-assessment elements.--
``(A) In general.--Following an assessment of an individual
pursuant to paragraphs (1) through (3), the individual shall be
provided appropriate post-assessment counseling and leadership
coaching.
``(B) Availability of results.--The supervisor of the
individual assessed shall be provided with the results of the
multirater assessment.''.
(b) Cost Assessment.--
(1) In general.--Not later than 1 year after the date of enactment
of this Act, the Commandant shall provide to the appropriate committees
of Congress an estimate of the costs associated with implementing the
amendment made by subsection (a).
(2) Appropriate committees of congress defined.--In this subsection,
the term ``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation
and the Committee on Appropriations of the Senate; and
(B) the Committee on Transportation and Infrastructure and
the Committee on Appropriations of the House of Representatives.
SEC. 11245. PROMOTION PARITY.
(a) Information To Be Furnished.--Section 2115(a) of title 14, United States
Code, is amended--
(1) in paragraph (1) by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following:
``(3) in the case of an eligible officer considered for promotion to
a rank above lieutenant, any credible information of an adverse nature,
including any substantiated adverse finding or conclusion from an
officially documented investigation or inquiry and any information
placed in the personnel service record of the officer under section
1745(a) of the National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 10 U.S.C. 1561 note), shall be furnished to the
selection board in accordance with standards and procedures set out in
the regulations prescribed by the Secretary.''.
(b) Special Selection Review Boards.--
(1) In general.--Subchapter I of chapter 21 of title 14, United
States Code, is amended by inserting after section 2120 the following:
``Sec. 2120a. Special selection review boards
``(a) In General.--(1) If the Secretary determines that a person recommended
by a promotion board for promotion to a grade at or below the grade of rear
admiral is the subject of credible information of an adverse nature, including
any substantiated adverse finding or conclusion described in section 2115(a)(3)
of this title that was not furnished to the promotion board during its
consideration of the person for promotion as otherwise required by such section,
the Secretary shall convene a special selection review board under this section
to review the person and recommend whether the recommendation for promotion of
the person should be sustained.
``(2) If a person and the recommendation for promotion of the person is
subject to review under this section by a special selection review board
convened under this section, the name of the person--
``(A) shall not be disseminated or publicly released on the list of
officers recommended for promotion by the promotion board recommending
the promotion of the person; and
``(B) shall not be forwarded to the President or the Senate, as
applicable, or included on a promotion list under section 2121 of this
title.
``(b) Convening.--(1) Any special selection review board convened under this
section shall be convened in accordance with the provisions of section 2120(c)
of this title.
``(2) Any special selection review board convened under this section may
review such number of persons, and recommendations for promotion of such
persons, as the Secretary shall specify in convening such special selection
review board.
``(c) Information Considered.--(1) In reviewing a person and recommending
whether the recommendation for promotion of the person should be sustained under
this section, a special selection review board convened under this section shall
be furnished and consider the following:
``(A) The record and information concerning the person furnished in
accordance with section 2115 of this title to the promotion board that
recommended the person for promotion.
``(B) Any credible information of an adverse nature on the person,
including any substantiated adverse finding or conclusion from an
officially documented investigation or inquiry described in section
2115(a)(3) of this title.
``(2) The furnishing of information to a special selection review board
under paragraph (1)(B) shall be governed by the standards and procedures
referred to in section 2115 of this title.
``(3)(A) Before information on a person described in paragraph (1)(B) is
furnished to a special selection review board for purposes of this section, the
Secretary shall ensure that--
``(i) such information is made available to the person; and
``(ii) subject to subparagraphs (C) and (D), the person is afforded
a reasonable opportunity to submit comments on such information to the
special selection review board before its review of the person and the
recommendation for promotion of the person under this section.
``(B) If information on a person described in paragraph (1)(B) is not made
available to the person as otherwise required by subparagraph (A)(i) due to the
classification status of such information, the person shall, to the maximum
extent practicable, be furnished a summary of such information appropriate to
the person's authorization for access to classified information.
``(C)(i) An opportunity to submit comments on information is not required
for a person under subparagraph (A)(ii) if--
``(I) such information was made available to the person in
connection with the furnishing of such information under section 2115(a)
of this title to the promotion board that recommended the promotion of
the person subject to review under this section; and
``(II) the person submitted comments on such information to that
promotion board.
``(ii) The comments on information of a person described in clause (i)(II)
shall be furnished to the special selection review board.
``(D) A person may waive either or both of the following:
``(i) The right to submit comments to a special selection review
board under subparagraph (A)(ii).
``(ii) The furnishing of comments to a special selection review
board under subparagraph (C)(ii).
``(d) Consideration.--(1) In considering the record and information on a
person under this section, the special selection review board shall compare such
record and information with an appropriate sampling of the records of those
officers who were recommended for promotion by the promotion board that
recommended the person for promotion, and an appropriate sampling of the records
of those officers who were considered by and not recommended for promotion by
that promotion board.
``(2) Records and information shall be presented to a special selection
review board for purposes of paragraph (1) in a manner that does not indicate or
disclose the person or persons for whom the special selection review board was
convened.
``(3) In considering whether the recommendation for promotion of a person
should be sustained under this section, a special selection review board shall,
to the greatest extent practicable, apply standards used by the promotion board
that recommended the person for promotion.
``(4) The recommendation for promotion of a person may be sustained under
this section only if the special selection review board determines that the
person--
``(A) ranks on an order of merit created by the special selection
review board as better qualified for promotion than the sample officer
highest on the order of merit list who was considered by and not
recommended for promotion by the promotion board concerned; and
``(B) is comparable in qualification for promotion to those sample
officers who were recommended for promotion by that promotion board.
``(5) A recommendation for promotion of a person may be sustained under this
section only by a vote of a majority of the members of the special selection
review board.
``(6) If a special selection review board does not sustain a recommendation
for promotion of a person under this section, the person shall be considered to
have failed of selection for promotion.
``(e) Reports.--(1) Each special selection review board convened under this
section shall submit to the Secretary a written report, signed by each member of
the board, containing the name of each person whose recommendation for promotion
it recommends for sustainment and certifying that the board has carefully
considered the record and information of each person whose name was referred to
it.
``(2) The provisions of sections 2117(a) of this title apply to the report
and proceedings of a special selection review board convened under this section
in the same manner as they apply to the report and proceedings of a promotion
board convened under section 2106 of this title.
``(f) Appointment of Persons.--(1) If the report of a special selection
review board convened under this section recommends the sustainment of the
recommendation for promotion to the next higher grade of a person whose name was
referred to it for review under this section, and the President approves the
report, the person shall, as soon as practicable, be appointed to that grade in
accordance with section 2121 of this title.
``(2) A person who is appointed to the next higher grade as described in
paragraph (1) shall, upon that appointment, have the same date of rank, the same
effective date for the pay and allowances of that grade, and the same position
on the active-duty list as the person would have had pursuant to the original
recommendation for promotion of the promotion board concerned.
``(g) Regulations.--The Secretary shall prescribe regulations to carry out
this section.
``(h) Promotion Board Defined.--In this section, the term `promotion board'
means a selection board convened by the Secretary under section 2106 of this
title.''.
(2) Clerical amendment.--The analysis for chapter 21 of title 14,
United States Code, is amended by inserting after the item relating to
section 2120 the following:
``2120a. Special selection review boards.''.
(c) Availability of Information.--Section 2118 of title 14, United States
Code, is amended by adding at the end the following:
``(e) If the Secretary makes a recommendation under this section that the
name of an officer be removed from a report of a selection board and the
recommendation is accompanied by information that was not presented to that
selection board, that information shall be made available to that officer. The
officer shall then be afforded a reasonable opportunity to submit comments on
that information to the officials making the recommendation and the officials
reviewing the recommendation. If an eligible officer cannot be given access to
such information because of its classification status, the officer shall, to the
maximum extent practicable, be provided with an appropriate summary of the
information.''.
(d) Delay of Promotion.--Section 2121(f) of title 14, United States Code, is
amended to read as follows:
``(f)(1) The promotion of an officer may be delayed without prejudice if any
of the following applies:
``(A) The officer is under investigation or proceedings of a court-
martial or a board of officers are pending against the officer.
``(B) A criminal proceeding in a Federal or State court is pending
against the officer.
``(C) The Secretary determines that credible information of an
adverse nature, including a substantiated adverse finding or conclusion
described in section 2115(a)(3), with respect to the officer will result
in the convening of a special selection review board under section 2120a
of this title to review the officer and recommend whether the
recommendation for promotion of the officer should be sustained.
``(2)(A) Subject to subparagraph (B), a promotion may be delayed under this
subsection until, as applicable--
``(i) the completion of the investigation or proceedings described
in subparagraph (A);
``(ii) a final decision in the proceeding described in subparagraph
(B) is issued; or
``(iii) the special selection review board convened under section
2120a of this title issues recommendations with respect to the officer.
``(B) Unless the Secretary determines that a further delay is
necessary in the public interest, a promotion may not be delayed under
this subsection for more than one year after the date the officer would
otherwise have been promoted.
``(3) An officer whose promotion is delayed under this subsection and who is
subsequently promoted shall be given the date of rank and position on the active
duty promotion list in the grade to which promoted that he would have held had
his promotion not been so delayed.''.
SEC. 11246. PARTNERSHIP PROGRAM TO DIVERSIFY COAST GUARD.
(a) Establishment.--The Commandant shall establish a program for the purpose
of increasing the number of individuals in the enlisted ranks of the Coast Guard
who are--
(1) underrepresented minorities; or
(2) from rural areas.
(b) Partnerships.--In carrying out the program established under subsection
(a), the Commandant shall--
(1) seek to enter into 1 or more partnerships with eligible
institutions--
(A) to increase the visibility of Coast Guard careers;
(B) to promote curriculum development--
(i) to enable acceptance into the Coast Guard; and
(ii) to improve success on relevant exams, such as
the Armed Services Vocational Aptitude Battery; and
(C) to provide mentoring for students entering and beginning
Coast Guard careers; and
(2) enter into a partnership with an existing Junior Reserve
Officers' Training Corps for the purpose of promoting Coast Guard
careers.
(c) Definitions.--In this section:
(1) Eligible institution.--The term ``eligible institution'' means
an institution--
(A) that is--
(i) an institution of higher education (as such term
is defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001)); or
(ii) a junior or community college (as such term is
defined in section 312 of the Higher Education Act of
1965 (20 U.S.C. 1058); and
(B) that is--
(i) a part B institution (as such term is defined in
section 322 of the Higher Education Act of 1965 (20
U.S.C. 1061));
(ii) a Tribal College or University (as such term is
defined in section 316(b) of such Act (20 U.S.C.
1059c(b)));
(iii) a Hispanic-serving institution (as such term
is defined in section 502 of such Act (20 U.S.C.
1101a));
(iv) an Alaska Native-serving institution or a
Native Hawaiian-serving institution (as such term is
defined in section 317(b) of such Act (20 U.S.C.
1059d(b)));
(v) a Predominantly Black institution (as such term
is defined in section 371(c) of that Act (20 U.S.C.
1067q(c)));
(vi) an Asian American and Native American Pacific
Islander-serving institution (as defined in section
320(b) of such Act (20 U.S.C. 1059g(b))); or
(vii) a Native American-serving nontribal
institution (as defined in section 319(b) of such Act
(20 U.S.C. 1059f(b)).
(2) Rural area.--The term ``rural area'' means an area that is
outside of an urbanized area, as determined by the Bureau of the Census.
SEC. 11247. EXPANSION OF COAST GUARD JUNIOR RESERVE OFFICERS' TRAINING CORPS.
(a) In General.--Section 320 of title 14, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) in subsection (b) by striking ``subsection (c)'' and inserting
``subsection (d)''; and
(3) by inserting after subsection (b) the following:
``(c) Scope.--Beginning on December 31, 2025, the Secretary of the
department in which the Coast Guard is operating shall maintain at all times a
Junior Reserve Officers' Training Corps program with not fewer than 1 such
program established in each Coast Guard district.''.
(b) Cost Assessment.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall provide to Congress an estimate of the costs
associated with implementing the amendments made by this section.
SEC. 11248. IMPROVING REPRESENTATION OF WOMEN AND RACIAL AND ETHNIC MINORITIES
AMONG COAST GUARD ACTIVE-DUTY MEMBERS.
(a) In General.--Not later than 180 days after the date of enactment of this
Act, in consultation with the Advisory Board on Women at the Coast Guard Academy
established under section 1904 of title 14, United States Code, and the minority
outreach team program established by section 1905 of such title, the Commandant
shall--
(1) determine which recommendations in the RAND representation
report may practicably be implemented to promote improved representation
in the Coast Guard of--
(A) women; and
(B) racial and ethnic minorities; and
(2) submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on the actions the Commandant has
taken, or plans to take, to implement such recommendations.
(b) Curriculum and Training.--In the case of any action the Commandant plans
to take to implement recommendations described in subsection (a)(1) that relate
to modification or development of curriculum and training, such modified
curriculum and trainings shall be provided at--
(1) officer accession points, including the Coast Guard Academy and
the Leadership Development Center;
(2) enlisted member accession at the United States Coast Guard
Training Center Cape May in Cape May, New Jersey; and
(3) the officer, enlisted member, and civilian leadership courses
managed by the Leadership Development Center.
(c) Definition of RAND Representation Report.--In this section, the term
``RAND representation report'' means the report of the Homeland Security
Operational Analysis Center of the RAND Corporation entitled ``Improving the
Representation of Women and Racial/Ethnic Minorities Among U.S. Coast Guard
Active-Duty Members'', issued on August 11, 2021.
SEC. 11249. STRATEGY TO ENHANCE DIVERSITY THROUGH RECRUITMENT AND ACCESSION.
(a) In General.--The Commandant shall develop a 10-year strategy to enhance
Coast Guard diversity through recruitment and accession--
(1) at educational institutions at the high school and higher
education levels; and
(2) for the officer and enlisted ranks.
(b) Report.--
(1) In general.--Not later than 180 days after the date of enactment
of this Act, the Commandant shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the strategy developed under subsection (a).
(2) Elements.--The report required under paragraph (1) shall include
the following:
(A) A description of existing Coast Guard recruitment and
accession programs at educational institutions at the high
school and higher education levels.
(B) An explanation of the manner in which the strategy
supports the overall diversity and inclusion action plan of the
Coast Guard.
(C) A description of the manner in which existing programs
and partnerships will be modified or expanded to enhance
diversity in recruiting in high school and institutions of
higher education (as such term is defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)) and accession.
SEC. 11250. SUPPORT FOR COAST GUARD ACADEMY.
(a) In General.--Subchapter II of chapter 9 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 953. Support for Coast Guard Academy
``(a) Authority.--
``(1) Contracts and cooperative agreements.--
``(A) In general.--The Commandant may enter contract and
cooperative agreements with 1 or more qualified organizations
for the purpose of supporting the athletic programs of the Coast
Guard Academy.
``(B) Authority.--Notwithstanding section 3201(e) of title
10, the Commandant may enter into such contracts and cooperative
agreements on a sole source basis pursuant to section 3204(a) of
title 10.
``(C) Acquisitions.--Notwithstanding chapter 63 of title 31,
a cooperative agreement under this section may be used to
acquire property or services for the direct benefit or use of
the Coast Guard Academy.
``(2) Financial controls.--
``(A) In general.--Before entering into a contract or
cooperative agreement under paragraph (1), the Commandant shall
ensure that the contract or agreement includes appropriate
financial controls to account for the resources of the Coast
Guard Academy and the qualified organization concerned in
accordance with accepted accounting principles.
``(B) Contents.--Any such contract or cooperative agreement
shall contain a provision that allows the Commandant to review,
as the Commandant considers necessary, the financial accounts of
the qualified organization to determine whether the operations
of the qualified organization--
``(i) are consistent with the terms of the contract
or cooperative agreement; and
``(ii) would compromise the integrity or appearance
of integrity of any program of the Department of
Homeland Security.
``(3) Leases.--For the purpose of supporting the athletic programs
of the Coast Guard Academy, the Commandant may, consistent with section
504(a)(13), rent or lease real property located at the Coast Guard
Academy to a qualified organization, except that proceeds from such a
lease shall be retained and expended in accordance with subsection (f).
``(b) Support Services.--
``(1) Authority.--To the extent required by a contract or
cooperative agreement under subsection (a), the Commandant may provide
support services to a qualified organization while the qualified
organization conducts support activities at the Coast Guard Academy only
if the Commandant determines that the provision of such services is
essential for the support of the athletic programs of the Coast Guard
Academy.
``(2) No liability of the united states.--Support services may only
be provided without any liability of the United States to a qualified
organization.
``(3) Support services defined.--In this subsection, the term
`support services' includes utilities, office furnishings and equipment,
communications services, records staging and archiving, audio and video
support, and security systems, in conjunction with the leasing or
licensing of property.
``(c) Transfers From Nonappropriated Fund Operation.--
``(1) In general.--Except as provided in paragraph (2), the
Commandant may, subject to the acceptance of the qualified organization
concerned, transfer to the qualified organization all title to and
ownership of the assets and liabilities of the Coast Guard
nonappropriated fund instrumentality, the function of which includes
providing support for the athletic programs of the Coast Guard Academy,
including bank accounts and financial reserves in the accounts of such
fund instrumentality, equipment, supplies, and other personal property.
``(2) Limitation.--The Commandant may not transfer under paragraph
(1) any interest in real property.
``(d) Acceptance of Support From Qualified Organization.--
``(1) In general.--Notwithstanding section 1342 of title 31, the
Commandant may accept from a qualified organization funds, supplies, and
services for the support of the athletic programs of the Coast Guard
Academy.
``(2) Employees of qualified organization.--For purposes of this
section, employees or personnel of the qualified organization may not be
considered to be employees of the United States.
``(3) Funds received from ncaa.--The Commandant may accept funds
from the National Collegiate Athletic Association to support the
athletic programs of the Coast Guard Academy.
``(4) Limitation.--The Commandant shall ensure that contributions
under this subsection and expenditure of funds pursuant to subsection
(f) do not--
``(A) reflect unfavorably on the ability of the Coast Guard,
any employee of the Coast Guard, or any member of the armed
forces (as such term is defined in section 101(a) of title 10)
to carry out any responsibility or duty in a fair and objective
manner; or
``(B) compromise the integrity or appearance of integrity of
any program of the Coast Guard, or any individual involved in
such a program.
``(e) Trademarks and Service Marks.--
``(1) Licensing, marketing, and sponsorship agreements.--An
agreement under subsection (a) may, consistent with section 2260 of
title 10 (other than subsection (d) of such section), authorize a
qualified organization to enter into licensing, marketing, and
sponsorship agreements relating to trademarks and service marks
identifying the Coast Guard Academy, subject to the approval of the
Commandant.
``(2) Limitations.--A licensing, marketing, or sponsorship agreement
may not be entered into under paragraph (1) if--
``(A) such agreement would reflect unfavorably on the
ability of the Coast Guard, any employee of the Coast Guard, or
any member of the armed forces to carry out any responsibility
or duty in a fair and objective manner; or
``(B) the Commandant determines that the use of the
trademark or service mark would compromise the integrity or
appearance of integrity of any program of the Coast Guard or any
individual involved in such a program.
``(f) Retention and Use of Funds.--Funds received by the Commandant under
this section may be retained for use to support the athletic programs of the
Coast Guard Academy and shall remain available until expended.
``(g) Conditions.--The authority provided in this section with respect to a
qualified organization is available only so long as the qualified organization
continues--
``(1) to operate in accordance with this section, the law of the
State of Connecticut, and the constitution and bylaws of the qualified
organization; and
``(2) to operate exclusively to support the athletic programs of the
Coast Guard Academy.
``(h) Qualified Organization Defined.--In this section, the term `qualified
organization' means an organization--
``(1) that operates as an organization under subsection (c)(3) of
section 501 of the Internal Revenue Code of 1986 and exempt from
taxation under subsection (a) of that section;
``(2) for which authorization under sections 1033(a) and 1589(a) of
title 10 may be provided; and
``(3) established by the Coast Guard Academy Alumni Association
solely for the purpose of supporting Coast Guard athletics.
``Sec. 954. Mixed-funded athletic and recreational extracurricular programs
``(a) Authority.--In the case of a Coast Guard Academy mixed-funded athletic
or recreational extracurricular program, the Commandant may designate funds
appropriated to the Coast Guard and available for that program to be treated as
nonappropriated funds and expended for that program in accordance with laws
applicable to the expenditure of nonappropriated funds. Appropriated funds so
designated shall be considered to be nonappropriated funds for all purposes and
shall remain available until expended.
``(b) Covered Programs.--In this section, the term `Coast Guard Academy
mixed-funded athletic or recreational extracurricular program' means an athletic
or recreational extracurricular program of the Coast Guard Academy to which each
of the following applies:
``(1) The program is not considered a morale, welfare, or recreation
program.
``(2) The program is supported through appropriated funds.
``(3) The program is supported by a nonappropriated fund
instrumentality.
``(4) The program is not a private organization and is not operated
by a private organization.''.
(b) Clerical Amendment.--The analysis for chapter 9 of title 14, United
States Code, is amended by inserting after the item relating to section 952 the
following:
``953. Support for Coast Guard Academy.
``954. Mixed-funded athletic and recreational extracurricular
programs.''.
SEC. 11251. TRAINING FOR CONGRESSIONAL AFFAIRS PERSONNEL.
(a) In General.--Section 315 of title 14, United States Code, is amended to
read as follows:
``Sec. 315. Training for congressional affairs personnel
``(a) In General.--The Commandant shall develop a training course, which
shall be administered in person, on the workings of Congress for any member of
the Coast Guard selected for a position as a fellow, liaison, counsel, or
administrative staff for the Coast Guard Office of Congressional and
Governmental Affairs or as any Coast Guard district or area governmental affairs
officer.
``(b) Course Subject Matter.--
``(1) In general.--The training course required under this section
shall provide an overview and introduction to Congress and the Federal
legislative process, including--
``(A) the congressional budget process;
``(B) the congressional appropriations process;
``(C) the congressional authorization process;
``(D) the Senate advice and consent process for Presidential
nominees;
``(E) the Senate advice and consent process for treaty
ratification;
``(F) the roles of Members of Congress and congressional
staff in the legislative process;
``(G) the concept and underlying purposes of congressional
oversight within the governance framework of separation of
powers;
``(H) the roles of Coast Guard fellows, liaisons, counsels,
governmental affairs officers, the Coast Guard Office of Program
Review, the Coast Guard Headquarters program offices, and any
other entity the Commandant considers relevant; and
``(I) the roles and responsibilities of Coast Guard public
affairs and external communications personnel with respect to
Members of Congress and the staff of such Members necessary to
enhance communication between Coast Guard units, sectors, and
districts and Member offices and committees of jurisdiction so
as to ensure visibility of Coast Guard activities.
``(2) Detail within coast guard office of budget and programs.--
``(A) In general.--At the written request of a receiving
congressional office, the training course required under this
section shall include a multi-day detail within the Coast Guard
Office of Budget and Programs to ensure adequate exposure to
Coast Guard policy, oversight, and requests from Congress.
``(B) Nonconsecutive detail permitted.--A detail under this
paragraph is not required to be consecutive with the balance of
the training.
``(c) Completion of Required Training.--A member of the Coast Guard selected
for a position described in subsection (a) shall complete the training required
by this section before the date on which such member reports for duty for such
position.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 14, United
States Code, is amended by striking the item relating to section 315 and
inserting the following:
``315. Training for congressional affairs personnel.''.
SEC. 11252. STRATEGY FOR RETENTION OF CUTTERMEN.
(a) In General.--Not later than 180 days after the date of enactment of this
Act, the Commandant shall publish a strategy to improve incentives to attract
and retain a qualified workforce serving on Coast Guard cutters that includes
underrepresented minorities, and servicemembers from rural areas, as such term
is defined in section 54301(a)(12)(C) of title 46, United States Code.
(b) Elements.--The strategy required by subsection (a) shall include the
following:
(1) Policies to improve flexibility in the afloat career path,
including a policy that enables members of the Coast Guard serving on
Coast Guard cutters to transition between operations afloat and
operations ashore assignments without detriment to the career
progression of a member.
(2) A review of current officer requirements for afloat assignments
at each pay grade, and an assessment as to whether such requirements are
appropriate or present undue limitations.
(3) Strategies to improve crew comfort afloat, such as berthing
modifications to accommodate all crewmembers.
(4) Actionable steps to improve access to highspeed internet capable
of video conference for the purposes of medical, educational, and
personal use by members of the Coast Guard serving on Coast Guard
cutters.
(5) An assessment of the effectiveness of bonuses to attract members
to serve at sea and retain talented members of the Coast Guard serving
on Coast Guard cutters to serve as leaders in senior enlisted positions,
department head positions, and command positions.
(6) Policies to ensure that high-performing members of the Coast
Guard serving on Coast Guard cutters are competitive for special
assignments, postgraduate education, senior service schools, and other
career-enhancing positions.
(c) Rule of Construction.--The Commandant shall ensure that the elements
described in subsection (b) do not result in discrimination based on race,
color, religion, sexual orientation, national origin, or gender.
SEC. 11253. STUDY ON PERFORMANCE OF COAST GUARD FORCE READINESS COMMAND.
(a) In General.--Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall commence a study on the
performance of the Coast Guard Force Readiness Command.
(b) Elements.--The study required under subsection (a) shall include an
assessment of the following:
(1) The actions the Force Readiness Command has taken to develop and
implement training for the Coast Guard workforce.
(2) The extent to which the Force Readiness Command--
(A) has made an assessment of performance, policy, and
training compliance across Force Readiness Command headquarters
and field units, and the results of any such assessment; and
(B) is modifying and expanding Coast Guard training to match
the future demands of the Coast Guard with respect to growth in
workforce numbers, modernization of assets and infrastructure,
and increased global mission demands relating to the Arctic and
Western Pacific regions and cyberspace.
(c) Report.--Not later than 1 year after the study required by subsection
(a) commences, the Comptroller General shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report on
the findings of the study.
SEC. 11254. STUDY ON FREQUENCY OF WEAPONS TRAINING FOR COAST GUARD PERSONNEL.
(a) In General.--The Commandant shall conduct a study to assess whether
current weapons training required for Coast Guard law enforcement and other
relevant personnel is sufficient.
(b) Elements.--The study required under subsection (a) shall--
(1) assess whether there is a need to improve weapons training for
Coast Guard law enforcement and other relevant personnel; and
(2) identify--
(A) the frequency of such training most likely to ensure
adequate weapons training, proficiency, and safety among such
personnel;
(B) Coast Guard law enforcement and other applicable
personnel who should be prioritized to receive such improved
training; and
(C) any challenge posed by a transition to improving such
training and offering such training more frequently, and the
resources necessary to address such a challenge.
(c) Report.--Not later than 1 year after the date of enactment of this Act,
the Commandant shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the findings of the
study conducted under subsection (a).
Subtitle G--Miscellaneous Provisions
SEC. 11255. MODIFICATION OF PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-
MADE UNMANNED AIRCRAFT SYSTEMS.
Section 8414 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 14 U.S.C. 1156 note)
is amended--
(1) by amending subsection (b) to read as follows:
``(b) Exemption.--The Commandant is exempt from the restriction under
subsection (a) if the operation or procurement is for the purposes of--
``(1) counter-UAS system surrogate testing and training; or
``(2) intelligence, electronic warfare, and information warfare
operations, testing, analysis, and training.'';
(2) by amending subsection (c) to read as follows:
``(c) Waiver.--The Commandant may waive the restriction under subsection (a)
on a case-by-case basis by certifying in writing not later than 15 days after
exercising such waiver to the Department of Homeland Security, the Committee on
Commerce, Science, and Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of Representatives that the
operation or procurement of a covered unmanned aircraft system is required in
the national interest of the United States.'';
(3) in subsection (d)--
(A) by amending paragraph (1) to read as follows:
``(1) Covered foreign country.--The term `covered foreign country'
means any of the following:
``(A) The People's Republic of China.
``(B) The Russian Federation.
``(C) The Islamic Republic of Iran.
``(D) The Democratic People's Republic of Korea.'';
(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
``(2) Covered unmanned aircraft system.--The term `covered unmanned
aircraft system' means an unmanned aircraft system described in
paragraph (1) of subsection (a).''; and
(D) in paragraph (4), as so redesignated, by inserting ``,
and any related services and equipment'' after ``United States
Code''; and
(4) by adding at the end the following:
``(e) Replacement.--Not later than 90 days after the date of the enactment
of the Don Young Coast Guard Authorization Act of 2022, the Commandant shall
replace covered unmanned aircraft systems of the Coast Guard with unmanned
aircraft systems manufactured in the United States or an allied country (as that
term is defined in section 2350f(d)(1) of title 10, United States Code).''.
SEC. 11256. BUDGETING OF COAST GUARD RELATING TO CERTAIN OPERATIONS.
(a) In General.--Chapter 51 of title 14, United States Code, is further
amended by adding at the end the following:
``Sec. 5114. Expenses of performing and executing defense readiness missions
``Not later than 1 year after the date of enactment of this section, and
every February 1 thereafter, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report that
adequately represents a calculation of the annual costs and expenditures of
performing and executing all defense readiness mission activities, including--
``(1) all expenses related to the Coast Guard's coordination,
training, and execution of defense readiness mission activities in the
Coast Guard's capacity as an armed force (as such term is defined in
section 101 of title 10) in support of Department of Defense national
security operations and activities or for any other military department
or Defense Agency (as such terms are defined in such section);
``(2) costs associated with Coast Guard detachments assigned in
support of the defense readiness mission of the Coast Guard; and
``(3) any other related expenses, costs, or matters the Commandant
considers appropriate or otherwise of interest to Congress.''.
(b) Clerical Amendment.--The analysis for chapter 51 of title 14, United
States Code, as amended by section 252(b), is further amended by adding at the
end the following:
``5114. Expenses of performing and executing defense readiness
missions.''.
SEC. 11257. REPORT ON SAN DIEGO MARITIME DOMAIN AWARENESS.
Not later than 180 days after the date of enactment of this Act, the
Commandant shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing--
(1) an overview of the maritime domain awareness in the area of
responsibility of the Coast Guard sector responsible for San Diego,
California, including--
(A) the average volume of known maritime traffic that
transited the area during fiscal years 2020 through 2022;
(B) current sensor platforms deployed by such sector to
monitor illicit activity occurring at sea in such area;
(C) the number of illicit activity incidents at sea in such
area that the sector responded to during fiscal years 2020
through 2022;
(D) an estimate of the volume of traffic engaged in illicit
activity at sea in such area and the type and description of any
vessels used to carry out illicit activities that such sector
responded to during fiscal years 2020 through 2022; and
(E) the maritime domain awareness requirements to
effectively meet the mission of such sector;
(2) a description of current actions taken by the Coast Guard to
partner with Federal, regional, State, and local entities to meet the
maritime domain awareness needs of such area;
(3) a description of any gaps in maritime domain awareness within
the area of responsibility of such sector resulting from an inability to
meet the enduring maritime domain awareness requirements of the sector
or adequately respond to maritime disorder;
(4) an identification of current technology and assets the Coast
Guard has to mitigate the gaps identified in paragraph (3);
(5) an identification of capabilities needed to mitigate such gaps,
including any capabilities the Coast Guard currently possesses that can
be deployed to the sector;
(6) an identification of technology and assets the Coast Guard does
not currently possess and are needed to acquire in order to address such
gaps; and
(7) an identification of any financial obstacles that prevent the
Coast Guard from deploying existing commercially available sensor
technology to address such gaps.
SEC. 11258. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PURPOSES.
(a) Transfer.--Section 914 of the Coast Guard Authorization Act of 2010 (14
U.S.C. 501 note; Public Law 111-281) is--
(1) transferred to subchapter I of chapter 5 of title 14, United
States Code;
(2) added at the end so as to follow section 509 of such title, as
added by this Act;
(3) redesignated as section 510 of such title; and
(4) amended so that the enumerator, the section heading, typeface,
and typestyle conform to those appearing in other sections of title 14,
United States Code.
(b) Clerical Amendments.--
(1) Coast guard authorization act of 2010.--The table of contents in
section 1(b) of the Coast Guard Authorization Act of 2010 (Public Law
111-281) is amended by striking the item relating to section 914.
(2) Title 14.--The analysis for subchapter I of chapter 5 of title
14, United States Code, is further amended by adding at the end the
following:
``510. Conveyance of Coast Guard vessels for public purposes.''.
(c) Conveyance of Coast Guard Vessels for Public Purposes.--Section 510 of
title 14, United States Code, as transferred and redesignated by subsection (a),
is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--On request by the Commandant, the Administrator of the
General Services Administration may transfer ownership of a Coast Guard vessel
or aircraft to an eligible entity for educational, cultural, historical,
charitable, recreational, or other public purposes if such transfer is
authorized by law.''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``as if the request were being
processed'' after ``vessels''; and
(ii) by inserting ``, as in effect on the date of
the enactment of the Don Young Coast Guard Authorization
Act of 2022'' after ``Code of Federal Regulations'';
(B) in paragraph (2) by inserting ``, as in effect on the
date of the enactment of the Don Young Coast Guard Authorization
Act of 2022'' after ``such title''; and
(C) in paragraph (3) by striking ``of the Coast Guard''.
SEC. 11259. NATIONAL COAST GUARD MUSEUM FUNDING PLAN.
Section 316(c)(4) of title 14, United States Code, is amended by striking
``the Inspector General of the department in which the Coast Guard is
operating'' and inserting ``a third party entity qualified to undertake such a
certification process''.
SEC. 11260. REPORT ON COAST GUARD EXPLOSIVE ORDNANCE DISPOSAL.
(a) In General.--Not later than 1 year after the date of enactment of this
Act, the Commandant shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the viability of
establishing an explosive ordnance disposal program (in this section referred to
as the ``Program'') in the Coast Guard.
(b) Contents.--The report required under subsection (a) shall contain, at a
minimum, an explanation of the following with respect to such a Program:
(1) Where within the organizational structure of the Coast Guard the
Program would be located, including a discussion of whether the Program
should reside in--
(A) Maritime Safety and Security Teams;
(B) Maritime Security Response Teams;
(C) a combination of the teams described under subparagraphs
(A) and (B); or
(D) elsewhere within the Coast Guard.
(2) The vehicles and dive craft that are Coast Guard airframe and
vessel transportable that would be required for the transportation of
explosive ordnance disposal elements.
(3) The Coast Guard stations at which--
(A) portable explosives storage magazines would be available
for explosive ordnance disposal elements; and
(B) explosive ordnance disposal elements equipment would be
pre-positioned.
(4) How the Program would support other elements within the
Department of Homeland Security, the Department of Justice, and, in
wartime, the Department of Defense to--
(A) counter improvised explosive devices;
(B) counter unexploded ordnance;
(C) combat weapons of destruction;
(D) provide service in support of the President; and
(E) support national security special events.
(5) The career progression of members of the Coast Guard
participating in the Program from--
(A) Seaman Recruit to Command Master Chief Petty Officer;
(B) Chief Warrant Officer 2 to that of Chief Warrant Officer
4; and
(C) Ensign to that of Rear Admiral.
(6) Initial and annual budget justification estimates on a single
program element of the Program for--
(A) civilian and military pay with details on military pay,
including special and incentive pays such as--
(i) officer responsibility pay;
(ii) officer SCUBA diving duty pay;
(iii) officer demolition hazardous duty pay;
(iv) enlisted SCUBA diving duty pay;
(v) enlisted demolition hazardous duty pay;
(vi) enlisted special duty assignment pay at level
special duty-5;
(vii) enlisted assignment incentive pays;
(viii) enlistment and reenlistment bonuses;
(ix) officer and enlisted full civilian clothing
allowances;
(x) an exception to the policy allowing a third
hazardous duty pay for explosive ordnance disposal-
qualified officers and enlisted; and
(xi) parachutist hazardous duty pay;
(B) research, development, test, and evaluation;
(C) procurement;
(D) other transaction agreements;
(E) operations and support; and
(F) overseas contingency operations.
SEC. 11261. TRANSFER AND CONVEYANCE.
(a) In General.--
(1) Requirement.--In accordance with section 120(h) of the
Comprehensive Environmental Response, Compensation, and Liability Act
(42 U.S.C. 9620(h)), the Commandant shall, without consideration,
transfer in accordance with subsection (b) and convey in accordance with
subsection (c) a parcel of the real property described in paragraph (2),
including any improvements thereon.
(2) Property.--The property described in this paragraph is real
property at Dauphin Island, Alabama, located at 100 Agassiz Street, and
consisting of a total of approximately 35.63 acres. The exact acreage
and legal description of the parcel of such property to be transferred
or conveyed in accordance with subsection (b) or (c), respectively,
shall be determined by a survey satisfactory to the Commandant.
(b) To the Secretary of Health and Human Services.--The Commandant shall
transfer, as described in subsection (a), to the Secretary of Health and Human
Services (in this section referred to as the ``Secretary''), for use by the Food
and Drug Administration, custody and control of a portion, consisting of
approximately 4 acres, of the parcel of real property described in such
subsection, to be identified by agreement between the Commandant and the
Secretary.
(c) To the State of Alabama.--The Commandant shall convey, as described in
subsection (a), to the Marine Environmental Sciences Consortium, a unit of the
government of the State of Alabama, located at Dauphin Island, Alabama, all
rights, title, and interest of the United States in and to such portion of the
parcel described in such subsection that is not transferred to the Secretary
under subsection (b).
(d) Payments and Costs of Transfer and Conveyance.--
(1) Payments.--
(A) In general.--The Secretary shall pay costs to be
incurred by the Coast Guard, or reimburse the Coast Guard for
such costs incurred by the Coast Guard, to carry out the
transfer and conveyance required by this section, including
survey costs, appraisal costs, costs for environmental
documentation related to the transfer and conveyance, and any
other necessary administrative costs related to the transfer and
conveyance.
(B) Funds.--Notwithstanding section 780 of division B of the
Further Consolidated Appropriations Act, 2020 (Public Law 116-
94), any amounts that are made available to the Secretary under
such section and not obligated on the date of enactment of this
Act shall be available to the Secretary for the purpose
described in subparagraph (A).
(2) Treatment of amounts received.--Amounts received by the
Commandant as reimbursement under paragraph (1) shall be credited to the
Coast Guard Housing Fund established under section 2946 of title 14,
United States Code, or the account that was used to pay the costs
incurred by the Coast Guard in carrying out the transfer or conveyance
under this section, as determined by the Commandant, and shall be made
available until expended. Amounts so credited shall be merged with
amounts in such fund or account and shall be available for the same
purposes, and subject to the same conditions and limitations, as amounts
in such fund or account.
SEC. 11262. TRANSPARENCY AND OVERSIGHT.
(a) In General.--Chapter 51 of title 14, United States Code, is further
amended by adding at the end the following:
``Sec. 5115. Major grants, contracts, or other transactions
``(a) Notification.--
``(1) In general.--Subject to subsection (b), the Commandant shall
notify the appropriate committees of Congress and the Coast Guard Office
of Congressional and Governmental Affairs not later than 3 full business
days in advance of the Coast Guard--
``(A) making or awarding a grant allocation or grant in
excess of $1,000,000;
``(B) making or awarding a contract, other transaction
agreement, or task or delivery order for the Coast Guard on the
multiple award contract, or issuing a letter of intent totaling
more than $4,000,000;
``(C) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $10,000,000 from
multi-year Coast Guard funds;
``(D) making a sole-source grant award; or
``(E) announcing publicly the intention to make or award an
item described in subparagraph (A), (B), (C), or (D), including
a contract covered by the Federal Acquisition Regulation.
``(2) Element.--A notification under this subsection shall include--
``(A) the amount of the award;
``(B) the fiscal year for which the funds for the award were
appropriated;
``(C) the type of contract;
``(D) an identification of the entity awarded the contract,
such as the name and location of the entity; and
``(E) the account from which the funds are to be drawn.
``(b) Exception.--If the Commandant determines that compliance with
subsection (a) would pose a substantial risk to human life, health, or safety,
the Commandant--
``(1) may make an award or issue a letter described in such
subsection without the notification required under such subsection; and
``(2) shall notify the appropriate committees of Congress not later
than 5 full business days after such an award is made or letter issued.
``(c) Applicability.--Subsection (a) shall not apply to funds that are not
available for obligation.
``(d) Appropriate Committees of Congress Defined.--In this section, the term
`appropriate committees of Congress' means--
``(1) the Committee on Commerce, Science, and Transportation and the
Committee on Appropriations of the Senate; and
``(2) the Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of Representatives.''.
(b) Clerical Amendment.--The analysis for chapter 51 of title 14, United
States Code, is further amended by adding at the end the following:
``5115. Major grants, contracts, or other transactions.''.
SEC. 11263. STUDY ON SAFETY INSPECTION PROGRAM FOR CONTAINERS AND FACILITIES.
(a) In General.--Not later than 1 year after the date of enactment of this
Act, the Commandant shall complete a study on the safety inspection program for
containers (as such term is defined in section 80501 of title 46, United States
Code) and designated waterfront facilities receiving containers.
(b) Elements.--The study required under subsection (a) shall include the
following:
(1) An evaluation and review of such safety inspection program.
(2) A determination of--
(A) the number of container inspections conducted annually
by the Coast Guard during the preceding 10-year period, as
compared to the number of containers moved through United States
ports annually during such period; and
(B) the number of qualified Coast Guard container and
facility inspectors, and an assessment as to whether, during the
preceding 10-year period, there have been a sufficient number of
such inspectors to carry out the mission of the Coast Guard.
(3) An evaluation of the training programs available to such
inspectors and the adequacy of such training programs during the
preceding 10-year period.
(4) An identification of areas of improvement for such program in
the interest of commerce and national security, and the costs associated
with such improvements.
(c) Report to Congress.--Not later than 180 days after the completion of the
study required under subsection (a), the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of Representatives a
report on the findings of the study required by subsection (a), including the
personnel and resource requirements necessary for such program.
SEC. 11264. OPERATIONAL DATA SHARING CAPABILITY.
(a) In General.--Not later than 18 months after the date of enactment of
this Act, the Secretary shall, consistent with the ongoing Integrated Multi-
Domain Enterprise joint effort by the Department of Homeland Security and the
Department of Defense, establish a secure, centralized capability to allow real-
time, or near real-time, data and information sharing between Customs and Border
Protection and the Coast Guard for purposes of maritime boundary domain
awareness and enforcement activities along the maritime boundaries of the United
States, including the maritime boundaries in the northern and southern
continental United States and Alaska.
(b) Priority.--In establishing the capability under subsection (a), the
Secretary shall prioritize enforcement areas experiencing the highest levels of
enforcement activity.
(c) Requirements.--The capability established under subsection (a) shall be
sufficient for the secure sharing of data, information, and surveillance
necessary for operational missions, including data from governmental assets,
irrespective of whether an asset located in or around mission operation areas
belongs to the Coast Guard, Customs and Border Protection, or any other partner
agency.
(d) Elements.--The Commissioner of Customs and Border Protection and the
Commandant shall jointly--
(1) assess and delineate the types of data and quality of data
sharing needed to meet the respective operational missions of Customs
and Border Protection and the Coast Guard, including video surveillance,
seismic sensors, infrared detection, space-based remote sensing, and any
other data or information necessary;
(2) develop appropriate requirements and processes for the
credentialing of personnel of Customs and Border Protection and
personnel of the Coast Guard to access and use the capability
established under subsection (a); and
(3) establish a cost-sharing agreement for the long-term operation
and maintenance of the capability and the assets that provide data to
the capability.
(e) Report.--Not later than 2 years after the date of enactment of this Act,
the Secretary shall submit to the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Transportation and Infrastructure and the
Committee on Homeland Security of the House of Representatives a report on the
establishment of the capability under this section.
(f) Rule of Construction.--Nothing in this section may be construed to
authorize the Coast Guard, Customs and Border Protection, or any other partner
agency to acquire, share, or transfer personal information relating to an
individual in violation of any Federal or State law or regulation.
SEC. 11265. FEASIBILITY STUDY ON CONSTRUCTION OF COAST GUARD STATION AT PORT
MANSFIELD.
(a) Study.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Commandant shall commence a feasibility study
on construction of a Coast Guard station at Port Mansfield, Texas.
(2) Elements.--The study required under paragraph (1) shall include
the following:
(A) An assessment of the resources and workforce
requirements necessary for a new Coast Guard station at Port
Mansfield.
(B) An identification of the enhancements to the missions
and capabilities of the Coast Guard that a new Coast Guard
station at Port Mansfield would provide.
(C) An estimate of the life-cycle costs of such a facility,
including the costs of construction, maintenance costs, and
staffing costs.
(D) A cost-benefit analysis of the enhancements and
capabilities provided, as compared to the costs of construction,
maintenance, and staffing.
(b) Report.--Not later than 180 days after commencing the study required by
subsection (a), the Commandant shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on the findings of
the study.
SEC. 11266. PROCUREMENT OF TETHERED AEROSTAT RADAR SYSTEM FOR COAST GUARD
STATION SOUTH PADRE ISLAND.
Subject to the availability of appropriations, the Secretary shall procure
not fewer than 1 tethered aerostat radar system, or similar technology, for use
by the Coast Guard at and around Coast Guard Station South Padre Island.
SEC. 11267. PROHIBITION ON MAJOR ACQUISITION CONTRACTS WITH ENTITIES ASSOCIATED
WITH CHINESE COMMUNIST PARTY.
(a) In General.--The Commandant may not award any major acquisition contract
until the Commandant receives a certification from the party that it has not,
during the 10-year period preceding the planned date of award, directly or
indirectly held an economic interest in an entity that is--
(1) owned or controlled by the People's Republic of China; and
(2) part of the defense industry of the Chinese Communist Party.
(b) Inapplicability to Taiwan.--Subsection (a) shall not apply with respect
to an economic interest in an entity owned or controlled by Taiwan.
SEC. 11268. REVIEW OF DRUG INTERDICTION EQUIPMENT AND STANDARDS; TESTING FOR
FENTANYL DURING INTERDICTION OPERATIONS.
(a) Review.--
(1) In general.--The Commandant, in consultation with the
Administrator of the Drug Enforcement Administration and the Secretary
of Health and Human Services, shall--
(A) conduct a review of--
(i) the equipment, testing kits, and rescue
medications used to conduct Coast Guard drug
interdiction operations; and
(ii) the safety and training standards, policies,
and procedures with respect to such operations; and
(B) determine whether the Coast Guard is using the latest
equipment and technology and up-to-date training and standards
for recognizing, handling, testing, and securing illegal drugs,
fentanyl and other synthetic opioids, and precursor chemicals
during such operations.
(2) Report.--Not later than 180 days after the date of enactment of
this Act, the Commandant shall submit to the appropriate committees of
Congress a report on the results of the review conducted under paragraph
(1).
(3) Appropriate committees of congress defined.--In this subsection,
the term ``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation
and the Committee on Appropriations of the Senate; and
(B) the Committee on Transportation and Infrastructure and
the Committee on Appropriations of the House of Representatives.
(b) Requirement.--If, as a result of the review required by subsection (a),
the Commandant determines that the Coast Guard is not using the latest equipment
and technology and up-to-date training and standards for recognizing, handling,
testing, and securing illegal drugs, fentanyl and other synthetic opioids, and
precursor chemicals during drug interdiction operations, the Commandant shall
ensure that the Coast Guard acquires and uses such equipment and technology,
carries out such training, and implements such standards.
(c) Testing for Fentanyl.--The Commandant shall ensure that Coast Guard drug
interdiction operations include the testing of substances encountered during
such operations for fentanyl, as appropriate.
SEC. 11269. PUBLIC AVAILABILITY OF INFORMATION ON MONTHLY MIGRANT INTERDICTIONS.
Not later than the 15th day of each month, the Commandant shall make
available to the public on the website of the Coast Guard the number of migrant
interdictions carried out by the Coast Guard during the preceding month.
SEC. 11270. CARGO WAITING TIME REDUCTION.
Not later than 90 days after the date of enactment of this Act, the
Commandant shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that includes--
(1) an explanation of the extent to which vessels carrying cargo are
complying with the requirements of chapter 700 of title 46, United
States Code;
(2) the status of the investigation on the cause of the oil spill
that occurred in October 2021 on the waters over the San Pedro Shelf
related to an anchor strike, including the expected date on which the
Marine Casualty Investigation Report with respect to such spill will be
released; and
(3) with respect to such vessels, a summary of actions taken or
planned to be taken by the Commandant to provide additional protections
against oil spills or other hazardous discharges caused by anchor
strikes.
SEC. 11271. STUDY ON COAST GUARD OVERSIGHT AND INVESTIGATIONS.
(a) In General.--Not later than 2 years after the date of enactment of this
Act, the Comptroller General of the United States shall commence a study to
assess the oversight over Coast Guard activities, including investigations,
personnel management, whistleblower protection, and other activities carried out
by the Department of Homeland Security Office of Inspector General.
(b) Elements.--The study required under subsection (a) shall include the
following:
(1) An analysis of the ability of the Department of Homeland
Security Office of Inspector General to ensure timely, thorough,
complete, and appropriate oversight over the Coast Guard, including
oversight over both civilian and military activities.
(2) An assessment of--
(A) the best practices with respect to such oversight; and
(B) the ability of the Department of Homeland Security
Office of Inspector General and the Commandant to identify and
achieve such best practices.
(3) An analysis of the methods, standards, and processes employed by
the Department of Defense Office of Inspector General and the inspectors
generals of the armed forces (as such term is defined in section 101 of
title 10, United States Code), other than the Coast Guard, to conduct
oversight and investigation activities.
(4) An analysis of the methods, standards, and processes of the
Department of Homeland Security Office of Inspector General with respect
to oversight over the civilian and military activities of the Coast
Guard, as compared to the methods, standards, and processes described in
paragraph (3).
(5) An assessment of the extent to which the Coast Guard
Investigative Service completes investigations or other disciplinary
measures after referral of complaints from the Department of Homeland
Security Office of Inspector General.
(6) A description of the staffing, expertise, training, and other
resources of the Department of Homeland Security Office of Inspector
General, and an assessment as to whether such staffing, expertise,
training, and other resources meet the requirements necessary for
meaningful, timely, and effective oversight over the activities of the
Coast Guard.
(c) Report.--Not later than 1 year after commencing the study required under
subsection (a), the Comptroller General shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report on
the findings of the study, including recommendations with respect to oversight
over Coast Guard activities.
(d) Other Reviews.--The study required under subsection (a) may rely upon
recently completed or ongoing reviews by the Comptroller General or other
entities, as applicable.
Subtitle H--Sexual Assault and Sexual Harassment Response and Prevention
SEC. 11272. ADMINISTRATION OF SEXUAL ASSAULT FORENSIC EXAMINATION KITS.
(a) In General.--Subchapter IV of chapter 5 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 564. Administration of sexual assault forensic examination kits
``(a) Sexual Assault Forensic Exam Procedure.--
``(1) In general.--Before embarking on any prescheduled voyage, a
Coast Guard vessel shall have in place a written operating procedure
that ensures that an embarked victim of sexual assault shall have access
to a sexual assault forensic examination--
``(A) as soon as possible after the victim requests an
examination; and
``(B) that is treated with the same level of urgency as
emergency medical care.
``(2) Requirements.--The written operating procedure required by
paragraph (1), shall, at a minimum, account for--
``(A) the health, safety, and privacy of a victim of sexual
assault;
``(B) the proximity of ashore or afloat medical facilities,
including coordination as necessary with the Department of
Defense, including other military departments (as defined in
section 101 of title 10);
``(C) the availability of aeromedical evacuation;
``(D) the operational capabilities of the vessel concerned;
``(E) the qualifications of medical personnel onboard;
``(F) coordination with law enforcement and the preservation
of evidence;
``(G) the means of accessing a sexual assault forensic
examination and medical care with a restricted report of sexual
assault;
``(H) the availability of nonprescription pregnancy
prophylactics; and
``(I) other unique military considerations.''.
(b) Clerical Amendment.--The analysis for chapter 5 of title 14, United
States Code, is amended by inserting after the item relating to section 563 the
following:
``564. Administration of sexual assault forensic examination kits.''.
(c) Study.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall seek to enter into an
agreement with the National Academy of Sciences under which the National
Academy of Sciences shall conduct a study to assess challenges and
prospective solutions associated with sexual assault at sea, to include
the provision of survivor care, forensic examination of the victim, and
evidence collection.
(2) Contents.--The study under paragraph (1) shall, at a minimum,
address the feasibility of crisis response services and physical
evaluation through telemedicine and other options concerning immediate
access to care whether onboard the vessel or at the nearest shore side
facility, including best practices for administering sexual assault
forensic examinations.
(3) Elements.--The study under paragraph (1) shall--
(A) take into account--
(i) the safety and security of the alleged victim of
sexual assault;
(ii) the ability to properly identify, document, and
preserve any evidence relevant to the allegation of
sexual assault;
(iii) the applicable criminal procedural laws
relating to authenticity, relevance, preservation of
evidence, chain of custody, and any other matter
relating to evidentiary admissibility; and
(iv) best practices of conducting sexual assault
forensic examinations, as such term is defined in
section 40723 of title 34, United States Code;
(B) provide any appropriate recommendation for changes to
existing laws, regulations, or employer policies;
(C) solicit public stakeholder input from individuals and
organizations with relevant expertise in sexual assault response
including healthcare, advocacy services, law enforcement, and
prosecution;
(D) evaluate the operational capabilities of the Coast Guard
since 2013 in providing alleged victims of sexual assault
immediate access to care onboard a vessel undertaking a
prescheduled voyage that, at any point during such voyage, would
require the vessel to travel 3 consecutive days or longer to
reach a land-based or afloat medical facility, including--
(i) the average of and range in the reported hours
taken to evacuate an individual with any medical
emergency to a land-based or afloat medical facility;
and
(ii) the number of alleged victims, subjects, and
total incidents of sexual assault and sexual harassment
occurring while underway reported annually; and
(E) summarize the financial cost, required operational
adjustments, and potential benefits to the Coast Guard to
provide sexual assault forensic examination kits onboard Coast
Guard vessels undertaking a prescheduled voyage that, at any
point during such voyage, would require the vessel to travel 3
consecutive days or longer to reach a land-based or afloat
medical facility.
(4) Report.--Upon completion of the study under paragraph (1), the
National Academy of Sciences shall submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Transportation and Infrastructure of the House of Representatives, and
the Secretary a report on the findings of the study.
(5) Annual report.--The Commandant shall submit to the
Transportation and Infrastructure Committee of the House and the
Commerce, Science, and Transportation Committee of the Senate a report
containing the number of sexual assault forensic examinations that were
requested by, but not administered within 3 days to, alleged victims of
sexual assault when such victims were onboard a vessel.
(6) Savings clause.--In collecting the information required under
paragraphs (2) and (3), the Commandant shall collect such information in
a manner which protects the privacy rights of individuals who are
subjects of such information.
SEC. 11273. POLICY ON REQUESTS FOR PERMANENT CHANGES OF STATION OR UNIT
TRANSFERS BY PERSONS WHO REPORT BEING THE VICTIM OF SEXUAL
ASSAULT.
(a) Interim Update.--Not later than 30 days after the date of enactment of
this Act, the Commandant, in consultation with the Director of the Health,
Safety, and Work Life Directorate, shall issue an interim update to Coast Guard
policy guidance to allow a member of the Coast Guard who has reported being the
victim of a sexual assault, or any other offense covered by section 920, 920c,
or 930 of title 10, United States Code (article 120, 120c, or 130 of the Uniform
Code of Military Justice), to request an immediate change of station or an
immediate unit transfer.
(b) Final Policy.--The Commandant shall issue a final policy based on the
interim updates issued under the preceding sentence not later than 1 year after
the date of enactment of this Act.
SEC. 11274. SEX OFFENSES AND PERSONNEL RECORDS.
Not later than 180 days after the date of enactment of this Act, the
Commandant shall issue final regulations or policy guidance required to fully
implement section 1745 of the National Defense Authorization Act for Fiscal Year
2014 (Public Law 113-66; 10 U.S.C. 1561 note) with respect to members of the
Coast Guard.
SEC. 11275. STUDY ON SPECIAL VICTIMS' COUNSEL PROGRAM.
(a) In General.--Not later than 30 days after the date of enactment of this
Act, the Secretary shall enter into an agreement with a federally funded
research and development center for the conduct of a study on--
(1) the Special Victims' Counsel program of the Coast Guard;
(2) Coast Guard investigations of sexual assault offenses for cases
in which the subject of the investigation is no longer under jeopardy
for the alleged misconduct for reasons including the death of the
accused, a lapse in the statute of limitations for the alleged offense,
and a fully adjudicated criminal trial of the alleged offense in which
all appeals have been exhausted; and
(3) legal support and representation provided to members of the
Coast Guard who are victims of sexual assault, including in instances in
which the accused is a member of the Army, Navy, Air Force, Marine
Corps, or Space Force.
(b) Elements.--The study required by subsection (a) shall assess the
following:
(1) The Special Victims' Counsel program of the Coast Guard,
including training, effectiveness, capacity to handle the number of
cases referred, and experience with cases involving members of the Coast
Guard or members of another armed force (as defined in section 101 of
title 10, United States Code).
(2) The experience of Special Victims' Counsels in representing
members of the Coast Guard during a court-martial.
(3) Policies concerning the availability and detailing of Special
Victims' Counsels for sexual assault allegations, in particular such
allegations in which the accused is a member of another armed force (as
defined in section 101 of title 10, United States Code), and the impact
that the cross-service relationship had on--
(A) the competence and sufficiency of services provided to
the alleged victim; and
(B) the interaction between--
(i) the investigating agency and the Special
Victims' Counsels; and
(ii) the prosecuting entity and the Special Victims'
Counsels.
(4) Training provided to, or made available for, Special Victims'
Counsels and paralegals with respect to Department of Defense processes
for conducting sexual assault investigations and Special Victims'
Counsel representation of sexual assault victims.
(5) The ability of Special Victims' Counsels to operate
independently without undue influence from third parties, including the
command of the accused, the command of the victim, the Judge Advocate
General of the Coast Guard, and the Deputy Judge Advocate General of the
Coast Guard.
(6) The skill level and experience of Special Victims' Counsels, as
compared to special victims' counsels available to members of the Army,
Navy, Air Force, Marine Corps, and Space Force.
(7) Policies regarding access to an alternate Special Victims'
Counsel, if requested by the member of the Coast Guard concerned, and
potential improvements for such policies.
(c) Report.--Not later than 180 days after entering into an agreement under
subsection (a), the federally funded research and development center shall
submit to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report that includes--
(1) the findings of the study required by such subsection;
(2) recommendations to improve the coordination, training, and
experience of Special Victims' Counsels of the Coast Guard so as to
improve outcomes for members of the Coast Guard who have reported sexual
assault; and
(3) any other recommendation the federally funded research and
development center considers appropriate.
TITLE CXIII--ENVIRONMENT
Subtitle A--Marine Mammals
SEC. 11301. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term ``appropriate
congressional committees'' means--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committees on Transportation and Infrastructure and
Natural Resources of the House of Representatives.
(2) Core foraging habitats.--The term ``core foraging habitats''
means areas--
(A) with biological and physical oceanographic features that
aggregate Calanus finmarchicus; and
(B) where North Atlantic right whales foraging aggregations
have been well documented.
(3) Exclusive economic zone.--The term ``exclusive economic zone''
has the meaning given that term in section 107 of title 46, United
States Code.
(4) Institution of higher education.--The term ``institution of
higher education'' has the meaning given that term in section 101(a) of
the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(5) Large cetacean.--The term ``large cetacean'' means all
endangered or threatened species within--
(A) the suborder Mysticeti;
(B) the genera Physeter; or
(C) the genera Orcinus.
(6) Near real-time.--The term ``near real-time'', with respect to
monitoring of whales, means that visual, acoustic, or other detections
of whales are processed, transmitted, and reported as close to the time
of detection as is technically feasible.
(7) Nonprofit organization.--The term ``nonprofit organization''
means an organization that is described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from tax under section 501(a)
of such Code.
(8) Puget sound region.--The term ``Puget Sound region'' means the
Vessel Traffic Service Puget Sound area described in section 161.55 of
title 33, Code of Federal Regulations (as of the date of enactment of
this Act).
(9) Tribal government.--The term ``Tribal government'' means the
recognized governing body of any Indian or Alaska Native Tribe, band,
nation, pueblo, village, community, component band, or component
reservation, individually identified (including parenthetically) in the
list published most recently as of the date of enactment of this Act
pursuant to section 104 of the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 5131).
(10) Under secretary.--The term ``Under Secretary'' means the Under
Secretary of Commerce for Oceans and Atmosphere.
SEC. 11302. ASSISTANCE TO PORTS TO REDUCE IMPACTS OF VESSEL TRAFFIC AND PORT
OPERATIONS ON MARINE MAMMALS.
(a) In General.--Not later than 180 days after the date of enactment of this
Act, the Under Secretary, in consultation with the Director of the United States
Fish and Wildlife Service, the Secretary, the Secretary of Defense, and the
Administrator of the Maritime Administration, shall establish a grant program to
provide assistance to eligible entities to develop and implement mitigation
measures that will lead to a quantifiable reduction in threats to marine mammals
from vessel traffic, including shipping activities and port operations.
(b) Eligible Uses.--Assistance provided under subsection (a) may be used to
develop, assess, and carry out activities that reduce threats to marine mammals
by--
(1) reducing underwater stressors related to marine traffic;
(2) reducing mortality and serious injury from vessel strikes and
other physical disturbances;
(3) monitoring sound;
(4) reducing vessel interactions with marine mammals;
(5) conducting other types of monitoring that are consistent with
reducing the threats to, and enhancing the habitats of, marine mammals;
or
(6) supporting State agencies and Tribal governments in developing
the capacity to receive assistance under this section through education,
training, information sharing, and collaboration to participate in the
grant program under this section.
(c) Priority.--The Under Secretary shall prioritize providing assistance
under subsection (a) for projects that--
(1) are based on the best available science with respect to methods
to reduce threats to marine mammals;
(2) collect data on the effects of such methods and the reduction of
such threats;
(3) assist ports that pose a higher relative threat to marine
mammals listed as threatened or endangered under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.);
(4) are in close proximity to areas in which threatened or
endangered cetaceans are known to experience other stressors; or
(5) allow eligible entities to conduct risk assessments and to track
progress toward threat reduction.
(d) Outreach.--The Under Secretary, in coordination with the Secretary, the
Administrator of the Maritime Administration, and the Director of the United
States Fish and Wildlife Service, as appropriate, shall conduct coordinated
outreach to ports to provide information with respect to--
(1) how to apply for assistance under subsection (a);
(2) the benefits of such assistance; and
(3) facilitation of best practices and lessons, including the best
practices and lessons learned from activities carried out using such
assistance.
(e) Report Required.--Not less frequently than annually, the Under Secretary
shall make available to the public on a publicly accessible website of the
National Oceanic and Atmospheric Administration a report that includes the
following information:
(1) The name and location of each entity to which assistance was
awarded under subsection (a) during the year preceding submission of the
report.
(2) The amount of each such award.
(3) A description of the activities carried out with each such
award.
(4) An estimate of the likely impact of such activities on the
reduction of threats to marine mammals.
(f) Definition of Eligible Entity.--In this section, the term ``eligible
entity'' means--
(1) a port authority for a port;
(2) a State, regional, local, or Tribal government, or an Alaska
Native or Native Hawaiian entity that has jurisdiction over a maritime
port authority or a port;
(3) an academic institution, research institution, or nonprofit
organization working in partnership with a port; or
(4) a consortium of entities described in paragraphs (1) through
(3).
(g) Funding.--From funds otherwise appropriated to the Under Secretary,
$10,000,000 is authorized to carry out this section for each of fiscal years
2023 through 2028.
(h) Savings Clause.--An activity may not be carried out under this section
if the Secretary of Defense, in consultation with the Under Secretary,
determines that the activity would negatively impact the defense readiness or
the national security of the United States.
SEC. 11303. NEAR REAL-TIME MONITORING AND MITIGATION PROGRAM FOR LARGE
CETACEANS.
(a) Establishment.--The Under Secretary, in coordination with the heads of
other relevant Federal agencies, shall design and deploy a cost-effective,
efficient, and results-oriented near real-time monitoring and mitigation program
(referred to in this section as the ``Program'') for threatened or endangered
cetaceans.
(b) Purpose.--The purpose of the Program shall be to reduce the risk to
large cetaceans posed by vessel collisions and to minimize other impacts on
large cetaceans through the use of near real-time location monitoring and
location information.
(c) Requirements.--The Program shall--
(1) prioritize species of large cetaceans for which impacts from
vessel collisions are of particular concern;
(2) prioritize areas where such impacts are of particular concern;
(3) be capable of detecting and alerting ocean users and enforcement
agencies of the probable location of large cetaceans on an actionable
real-time basis, including through real-time data whenever possible;
(4) inform sector-specific mitigation protocols to effectively
reduce takes (as defined in section 216.3 of title 50, Code of Federal
Regulations, or successor regulations) of large cetaceans;
(5) integrate technology improvements; and
(6) be informed by technologies, monitoring methods, and mitigation
protocols developed under the pilot project required under subsection
(d).
(d) Pilot Project.--
(1) Establishment.--In carrying out the Program, the Under Secretary
shall first establish a pilot monitoring and mitigation project
(referred to in this section as the ``pilot project'') for North
Atlantic right whales for the purposes of informing the Program.
(2) Requirements.--In designing and deploying the pilot project, the
Under Secretary, in coordination with the heads of other relevant
Federal agencies, shall, using the best available scientific
information, identify and ensure coverage of--
(A) core foraging habitats; and
(B) important feeding, breeding, calving, rearing, or
migratory habitats of North Atlantic right whales that co-occur
with areas of high risk of mortality or serious injury of such
whales from vessels, vessel strikes, or disturbance.
(3) Components.--Not later than 3 years after the date of enactment
of this Act, the Under Secretary, in consultation with relevant Federal
agencies and Tribal governments, and with input from affected
stakeholders, shall design and deploy a near real-time monitoring system
for North Atlantic right whales that--
(A) comprises the best available detection power, spatial
coverage, and survey effort to detect and localize North
Atlantic right whales within habitats described in paragraph
(2);
(B) is capable of detecting North Atlantic right whales,
including visually and acoustically;
(C) uses dynamic habitat suitability models to inform the
likelihood of North Atlantic right whale occurrence habitats
described in paragraph (2) at any given time;
(D) coordinates with the Integrated Ocean Observing System
of the National Oceanic and Atmospheric Administration and
Regional Ocean Partnerships to leverage monitoring assets;
(E) integrates historical data;
(F) integrates new near real-time monitoring methods and
technologies as such methods and technologies become available;
(G) accurately verifies and rapidly communicates detection
data to appropriate ocean users;
(H) creates standards for contributing, and allows ocean
users to contribute, data to the monitoring system using
comparable near real-time monitoring methods and technologies;
(I) communicates the risks of injury to large cetaceans to
ocean users in a manner that is most likely to result in
informed decision-making regarding the mitigation of those
risks; and
(J) minimizes additional stressors to large cetaceans as a
result of the information available to ocean users.
(4) Reports.--
(A) Preliminary report.--
(i) In general.--Not later than 2 years after the
date of enactment of this Act, the Under Secretary shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Natural Resources of the House of Representatives, and
make available to the public, a preliminary report on
the pilot project.
(ii) Elements.--The report required under clause (i)
shall include the following:
(I) A description of the monitoring methods
and technology in use or planned for deployment
under the pilot project.
(II) An analysis of the efficacy of the
methods and technology in use or planned for
deployment for detecting North Atlantic right
whales.
(III) An assessment of the manner in which
the monitoring system designed and deployed
under this subsection is directly informing and
improving the management, health, and survival
of North Atlantic right whales.
(IV) A prioritized identification of
technology or research gaps.
(V) A plan to communicate the risks of
injury to large cetaceans to ocean users in a
manner that is most likely to result in informed
decision making regarding the mitigation of such
risks.
(VI) Any other information on the potential
benefits and efficacy of the pilot project the
Under Secretary considers appropriate.
(B) Final report.--
(i) In general.--Not later than 6 years after the
date of enactment of this Act, the Under Secretary, in
coordination with the heads of other relevant Federal
agencies, shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Natural Resources of the House of
Representatives, and make available to the public, a
final report on the pilot project.
(ii) Elements.--The report required under clause (i)
shall--
(I) address the preliminary report required
under subparagraph (A); and
(II) include--
(aa) an assessment of the benefits
and efficacy of the pilot project;
(bb) a strategic plan to expand the
pilot project to provide near real-time
monitoring and mitigation measures--
(AA) to additional large
cetaceans of concern for which
such measures would reduce risk
of serious injury or death; and
(BB) in important feeding,
breeding, calving, rearing, or
migratory habitats of large
cetaceans that co-occur with
areas of high risk of mortality
or serious injury from vessel
strikes or disturbance;
(cc) a budget and description of
funds necessary to carry out such plan;
(dd) a prioritized plan for
acquisition, deployment, and maintenance
of monitoring technologies; and
(ee) the locations or species to
which such plan would apply.
(e) Mitigation Protocols.--The Under Secretary, in consultation with the
Secretary, the Secretary of Defense, the Secretary of Transportation, and the
Secretary of the Interior, and with input from affected stakeholders, shall
develop and deploy mitigation protocols that make use of any monitoring system
designed and deployed under this section to direct sector-specific mitigation
measures that avoid and significantly reduce risk of serious injury and
mortality to North Atlantic right whales.
(f) Access to Data.--The Under Secretary shall provide access to data
generated by any monitoring system designed and deployed under this section for
purposes of scientific research and evaluation and public awareness and
education, including through the Right Whale Sighting Advisory System of the
National Oceanic and Atmospheric Administration and WhaleMap or other successor
public website portals, subject to review for national security considerations.
(g) Additional Authority.--The Under Secretary may enter into and perform
such contracts, leases, grants, or cooperative agreements as may be necessary to
carry out this section on such terms as the Under Secretary considers
appropriate, consistent with the Federal Acquisition Regulation.
(h) Savings Clause.--An activity may not be carried out under this section
if the Secretary of Defense, in consultation with the Under Secretary,
determines that the activity would negatively impact the defense readiness or
the national security of the United States.
(i) Funding.--From funds otherwise appropriated to the Under Secretary
$5,000,000 is authorized to support development, deployment, application, and
ongoing maintenance of the Program and to otherwise carry out this section for
each of fiscal years 2023 through 2027.
SEC. 11304. PILOT PROGRAM TO ESTABLISH A CETACEAN DESK FOR PUGET SOUND REGION.
(a) Establishment.--
(1) In general.--Not later than 1 year after the date of enactment
of this Act, the Secretary, with the concurrence of the Under Secretary,
shall carry out a pilot program to establish a Cetacean Desk, which
shall be--
(A) located and manned within the Puget Sound Vessel Traffic
Service; and
(B) designed--
(i) to improve coordination with the maritime
industry to reduce the risk of vessel impacts on large
cetaceans, including impacts from vessel strikes,
disturbances, and other sources; and
(ii) to monitor the presence and location of large
cetaceans during the months during which such large
cetaceans are present in Puget Sound, the Strait of Juan
de Fuca, and the United States portion of the Salish
Sea.
(2) Duration and staffing.--The pilot program required under
paragraph (1)--
(A) shall--
(i) be for a duration of 4 years; and
(ii) require not more than 1 full-time equivalent
position, who shall also contribute to other necessary
Puget Sound Vessel Traffic Service duties and
responsibilities as needed; and
(B) may be supported by other existing Federal employees, as
appropriate.
(b) Engagement With Vessel Operators.--
(1) In general.--In carrying out the pilot program required under
subsection (a), the Secretary shall require personnel of the Cetacean
Desk to engage with vessel operators in areas where large cetaceans have
been seen or could reasonably be present to ensure compliance with
applicable laws, regulations, and voluntary guidance, to reduce the
impact of vessel traffic on large cetaceans.
(2) Contents.--In engaging with vessel operators as required under
paragraph (1), personnel of the Cetacean Desk shall communicate where
and when sightings of large cetaceans have occurred.
(c) Memorandum of Understanding.--The Secretary and the Under Secretary may
enter into a memorandum of understanding to facilitate real-time sharing of data
relating to large cetaceans between the Quiet Sound program of the State of
Washington, the National Oceanic and Atmospheric Administration, the Puget Sound
Vessel Traffic Service, and other relevant entities, as appropriate.
(d) Data.--The Under Secretary shall leverage existing data collection
methods, the program required by section 11303, and public data to ensure
accurate and timely information on the sighting of large cetaceans.
(e) Consultations.--
(1) In general.--In carrying out the pilot program required under
subsection (a), the Secretary shall consult with Tribal governments, the
State of Washington, institutions of higher education, the maritime
industry, ports in the Puget Sound region, and nongovernmental
organizations.
(2) Coordination with canada.--When appropriate, the Secretary shall
coordinate with the Government of Canada, consistent with policies and
agreements relating to management of vessel traffic in Puget Sound.
(f) Puget Sound Vessel Traffic Service Local Variance and Policy.--The
Secretary, with the concurrence of the Under Secretary and in consultation with
the Captain of the Port for the Puget Sound region--
(1) shall implement local variances, as authorized by subsection (c)
of section 70001 of title 46, United States Code, to reduce the impact
of vessel traffic on large cetaceans; and
(2) may enter into cooperative agreements, in accordance with
subsection (d) of such section, with Federal, State, Tribal, and local
officials to reduce the likelihood of vessel interactions with protected
large cetaceans, which may include--
(A) communicating marine mammal protection guidance to
vessels;
(B) training on requirements imposed by local, State,
Tribal, and Federal laws and regulations and guidelines
concerning--
(i) vessel buffer zones;
(ii) vessel speed;
(iii) seasonal no-go zones for vessels;
(iv) protected areas, including areas designated as
critical habitat, as applicable to marine operations;
and
(v) any other activities to reduce the direct and
indirect impact of vessel traffic on large cetaceans;
(C) training to understand, utilize, and communicate large
cetacean location data; and
(D) training to understand and communicate basic large
cetacean detection, identification, and behavior, including--
(i) cues of the presence of large cetaceans such as
spouts, water disturbances, breaches, or presence of
prey;
(ii) important feeding, breeding, calving, and
rearing habitats that co-occur with areas of high risk
of vessel strikes;
(iii) seasonal large cetacean migration routes that
co-occur with areas of high risk of vessel strikes; and
(iv) areas designated as critical habitat for large
cetaceans.
(g) Report Required.--Not later than 1 year after the date of enactment of
this Act, and every 2 years thereafter for the duration of the pilot program,
the Commandant, in coordination with the Under Secretary and the Administrator
of the Maritime Administration, shall submit to the appropriate congressional
committees a report that--
(1) evaluates the functionality, utility, reliability,
responsiveness, and operational status of the Cetacean Desk established
under this section, including a quantification of reductions in vessel
strikes to large cetaceans as a result of the pilot program;
(2) assesses the efficacy of communication between the Cetacean Desk
and the maritime industry and provides recommendations for improvements;
(3) evaluates the integration and interoperability of existing data
collection methods, as well as public data, into the Cetacean Desk
operations;
(4) assesses the efficacy of collaboration and stakeholder
engagement with Tribal governments, the State of Washington,
institutions of higher education, the maritime industry, ports in the
Puget Sound region, and nongovernmental organizations; and
(5) evaluates the progress, performance, and implementation of
guidance and training procedures for Puget Sound Vessel Traffic Service
personnel, as required under subsection (f).
SEC. 11305. MONITORING OCEAN SOUNDSCAPES.
(a) In General.--The Under Secretary shall maintain and expand an ocean
soundscape development program to--
(1) award grants to expand the deployment of Federal and non-Federal
observing and data management systems capable of collecting measurements
of underwater sound for purposes of monitoring and analyzing baselines
and trends in the underwater soundscape to protect and manage marine
life;
(2) continue to develop and apply standardized forms of measurements
to assess sounds produced by marine animals, physical processes, and
anthropogenic activities; and
(3) after coordinating with the Secretary of Defense, coordinate and
make accessible to the public the datasets, modeling and analysis, and
user-driven products and tools resulting from observations of underwater
sound funded through grants awarded under paragraph (1).
(b) Coordination.--The program described in subsection (a) shall--
(1) include the Ocean Noise Reference Station Network of the
National Oceanic and Atmospheric Administration and the National Park
Service;
(2) use and coordinate with the Integrated Ocean Observing System;
and
(3) coordinate with the Regional Ocean Partnerships and the Director
of the United States Fish and Wildlife Service, as appropriate.
(c) Priority.--In awarding grants under subsection (a), the Under Secretary
shall consider the geographic diversity of the recipients of such grants.
(d) Savings Clause.--An activity may not be carried out under this section
if the Secretary of Defense, in consultation with the Under Secretary,
determines that the activity would negatively impact the defense readiness or
the national security of the United States.
(e) Funding.--From funds otherwise appropriated to the Under Secretary,
$1,500,000 is authorized for each of fiscal years 2023 through 2028 to carry out
this section.
Subtitle B--Oil Spills
SEC. 11306. REPORT ON CHANGING SALVORS.
Section 311(c)(3) of the Federal Water Pollution Control Act (33 U.S.C.
1321(c)(3)) is amended by adding at the end the following:
``(C) In any case in which the President or the Federal On-Scene
Coordinator authorizes a deviation from the salvor as part of a
deviation under subparagraph (B) from the applicable response plan
required under subsection (j), the Commandant of the Coast Guard shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing the deviation and the
reasons for such deviation not less than 3 days after such deviation is
authorized.''.
SEC. 11307. LIMITED INDEMNITY PROVISIONS IN STANDBY OIL SPILL RESPONSE
CONTRACTS.
(a) In General.--Subject to subsections (b) and (c), a contract with the
Coast Guard for the containment or removal of a discharge entered into by the
President under section 311(c) of the Federal Water Pollution Control Act (33
U.S.C. 1321(c)) shall contain a provision to indemnify a contractor for
liabilities and expenses incidental to the containment or removal arising out of
the performance of the contract that is substantially identical to the terms
contained in subsections (d) through (h) of section H.4 (except for paragraph
(1) of subsection (d)) of the contract offered by the Coast Guard in the
solicitation numbered DTCG89-98- A-68F953, dated November 17, 1998.
(b) Requirements.--
(1) Source of funds.--The provision required under subsection (a)
shall include a provision that the obligation to indemnify is limited to
funds available in the Oil Spill Liability Trust Fund established by
section 9509(a) of the Internal Revenue Code of 1986 at the time the
claim for indemnity is made.
(2) Uncompensated removal.--A claim for indemnity under a contract
described in subsection (a) shall be made as a claim for uncompensated
removal costs under section 1012(a)(4) of the Oil Pollution Act of 1990
(33 U.S.C. 2712(a)(4)).
(3) Limitation.--The total indemnity for a claim under a contract
described in subsection (a) may not be more than $50,000 per incident.
(c) Applicability of Exemptions.--Notwithstanding subsection (a), the United
States shall not be obligated to indemnify a contractor for any act or omission
of the contractor carried out pursuant to a contract entered into under this
section where such act or omission is grossly negligent or which constitutes
willful misconduct.
SEC. 11308. IMPROVING OIL SPILL PREPAREDNESS.
The Under Secretary of Commerce for Oceans and Atmosphere shall include in
the Automated Data Inquiry for Oil Spills database (or a successor database)
used by National Oceanic and Atmospheric Administration oil weathering models
new data, including peer-reviewed data, on properties of crude and refined oils,
including data on diluted bitumen, as such data becomes publicly available.
SEC. 11309. WESTERN ALASKA OIL SPILL PLANNING CRITERIA.
(a) Alaska Oil Spill Planning Criteria Program.--
(1) In general.--Chapter 3 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 323. Western Alaska Oil Spill Planning Criteria Program
``(a) Establishment.--There is established within the Coast Guard a Western
Alaska Oil Spill Planning Criteria Program (referred to in this section as the
`Program') to develop and administer the Western Alaska oil spill planning
criteria.
``(b) Program Manager.--
``(1) In general.--Not later than 1 year after the date of enactment
of this section, the Commandant shall select a permanent civilian career
employee through a competitive search process for a term of not less
than 5 years to serve as the Western Alaska Oil Spill Criteria Program
Manager (referred to in this section as the `Program Manager')--
``(A) the primary duty of whom shall be to administer the
Program; and
``(B) who shall not be subject to frequent or routine
reassignment.
``(2) Conflicts of interest.--The individual selected to serve as
the Program Manager shall not have conflicts of interest relating to
entities regulated by the Coast Guard.
``(3) Duties.--
``(A) Development of guidance.--The Program Manager shall
develop guidance for--
``(i) approval, drills, and testing relating to the
Western Alaska oil spill planning criteria; and
``(ii) gathering input concerning such planning
criteria from Federal agencies, State and local
governments, Tribes, and relevant industry and
nongovernmental entities.
``(B) Assessments.--Not less frequently than once every 5
years, the Program Manager shall--
``(i) assess whether such existing planning criteria
adequately meet the needs of vessels operating in the
geographic area; and
``(ii) identify methods for advancing response
capability so as to achieve, with respect to a vessel,
compliance with national planning criteria.
``(C) Onsite verifications.--The Program Manager shall
address the relatively small number and limited nature of
verifications of response capabilities for vessel response plans
by increasing, within the Seventeenth Coast Guard District, the
quantity and frequency of onsite verifications of the providers
identified in vessel response plans.
``(c) Training.--The Commandant shall enhance the knowledge and proficiency
of Coast Guard personnel with respect to the Program by--
``(1) developing formalized training on the Program that, at a
minimum--
``(A) provides in-depth analysis of--
``(i) the national planning criteria described in
part 155 of title 33, Code of Federal Regulations (as in
effect on the date of enactment of this section);
``(ii) alternative planning criteria;
``(iii) Western Alaska oil spill planning criteria;
``(iv) Captain of the Port and Federal On-Scene
Coordinator authorities related to activation of a
vessel response plan;
``(v) the responsibilities of vessel owners and
operators in preparing a vessel response plan for
submission; and
``(vi) responsibilities of the Area Committee,
including risk analysis, response capability, and
development of alternative planning criteria;
``(B) explains the approval processes of vessel response
plans that involve alternative planning criteria or Western
Alaska oil spill planning criteria; and
``(C) provides instruction on the processes involved in
carrying out the actions described in paragraphs (9)(D) and
(9)(F) of section 311(j) of the Federal Water Pollution Control
Act (33 U.S.C. 1321(j)), including instruction on carrying out
such actions--
``(i) in any geographic area in the United States;
and
``(ii) specifically in the Seventeenth Coast Guard
District; and
``(2) providing such training to all Coast Guard personnel involved
in the Program.
``(d) Definitions.--In this section:
``(1) Alternative planning criteria.--The term `alternative planning
criteria' means criteria submitted under section 155.1065 or 155.5067 of
title 33, Code of Federal Regulations (as in effect on the date of
enactment of this section), for vessel response plans.
``(2) Tribe.--The term `Tribe' has the meaning given the term
`Indian Tribe' in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
``(3) Vessel response plan.--The term `vessel response plan' means a
plan required to be submitted by the owner or operator of a tank vessel
or a nontank vessel under regulations issued by the President under
section 311(j)(5) of the Federal Water Pollution Control Act (33 U.S.C.
1321(j)(5)).
``(4) Western alaska oil spill planning criteria.--The term `Western
Alaska oil spill planning criteria' means the criteria required to be
established under paragraph (9) of section 311(j) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(j)).''.
(2) Clerical amendment.--The analysis for chapter 3 of title 14,
United States Code, is amended by adding at the end the following:
``323. Western Alaska Oil Spill Planning Criteria Program.''.
(b) Western Alaska Oil Spill Planning Criteria.--
(1) Amendment.--Section 311(j) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(j)) is amended by adding at the end the
following:
``(9) Western alaska oil spill planning criteria program.--
``(A) Definitions.--In this paragraph:
``(i) Alternative planning criteria.--The term
`alternative planning criteria' means criteria submitted
under section 155.1065 or 155.5067 of title 33, Code of
Federal Regulations (as in effect on the date of
enactment of this paragraph), for vessel response plans.
``(ii) Prince william sound captain of the port
zone.--The term `Prince William Sound Captain of the
Port Zone' means the area described in section 3.85-
15(b) of title 33, Code of Federal Regulations (or
successor regulations).
``(iii) Secretary.--The term `Secretary' means the
Secretary of the department in which the Coast Guard is
operating.
``(iv) Vessel response plan.--The term `vessel
response plan' means a plan required to be submitted by
the owner or operator of a tank vessel or a nontank
vessel under regulations issued by the President under
paragraph (5).
``(v) Western alaska captain of the port zone.--The
term `Western Alaska Captain of the Port Zone' means the
area described in section 3.85-15(a) of title 33, Code
of Federal Regulations (as in effect on the date of
enactment of this paragraph).
``(B) Requirement.--Except as provided in subparagraph (I),
for any part of the area of responsibility of the Western Alaska
Captain of the Port Zone or the Prince William Sound Captain of
the Port Zone for which the Secretary has determined that the
national planning criteria established pursuant to this
subsection are inappropriate for a vessel operating in such
area, a vessel response plan with respect to a discharge of oil
for such a vessel shall comply with the Western Alaska oil spill
planning criteria established under subparagraph (D)(i).
``(C) Relation to national planning criteria.--The Western
Alaska oil spill planning criteria established under
subparagraph (D)(i) shall, with respect to a discharge of oil
from a vessel described in subparagraph (B), apply in lieu of
any alternative planning criteria accepted for vessels
operating, prior to the date on which the Western Alaska oil
spill planning criteria are established, in any part of the area
of responsibility of the Western Alaska Captain of the Port Zone
or the Prince William Sound Captain of the Port Zone for which
the Secretary has determined that the national planning criteria
established pursuant to this subsection are inappropriate for a
vessel operating in such area.
``(D) Establishment of western alaska oil spill planning
criteria.--
``(i) In general.--The President, acting through the
Commandant, in consultation with the Western Alaska Oil
Spill Criteria Program Manager selected under section
323 of title 14, United States Code, shall establish--
``(I) Western Alaska oil spill planning
criteria for a worst case discharge of oil, and
a substantial threat of such a discharge, within
any part of the area of responsibility of the
Western Alaska Captain of the Port Zone or
Prince William Sound Captain of the Port Zone
for which the Secretary has determined that the
national planning criteria established pursuant
to this subsection are inappropriate for a
vessel operating in such area; and
``(II) standardized submission, review,
approval, and compliance verification processes
for the Western Alaska oil spill planning
criteria established under this clause,
including the quantity and frequency of drills
and on-site verifications of vessel response
plans approved pursuant to such planning
criteria.
``(ii) Development of subregions.--
``(I) Development.--After establishing the
Western Alaska oil spill planning criteria under
clause (i), and if necessary to adequately
reflect the needs and capabilities of various
locations within the Western Alaska Captain of
the Port Zone, the President, acting through the
Commandant, and in consultation with the Western
Alaska Oil Spill Criteria Program Manager
selected under section 323 of title 14, United
States Code, may develop subregions for which
planning criteria may differ from planning
criteria for other subregions in the Western
Alaska Captain of the Port Zone.
``(II) Limitation.--Any planning criteria
for a subregion developed under this clause may
not be less stringent than the Western Alaska
oil spill planning criteria established under
clause (i).
``(iii) Assessment.--
``(I) In general.--Prior to developing a
subregion, the President, acting through the
Commandant, shall conduct an assessment on any
potential impacts to the entire Western Alaska
Captain of the Port Zone to include quantity and
availability of response resources in the
proposed subregion and in surrounding areas and
any changes or impacts to surrounding areas
resulting in the development of a subregion with
different standards.
``(II) Consultation.--In conducting an
assessment under this clause, the President,
acting through the Commandant, shall consult
with State and local governments, Tribes (as
defined in section 323 of title 14, United
States Code), the owners and operators that
would operate under the proposed subregions, oil
spill removal organizations, Alaska Native
organizations, and environmental nongovernmental
organizations, and shall take into account any
experience with the prior use of subregions
within the State of Alaska.
``(III) Submission.--The President, acting
through the Commandant, shall submit the results
of an assessment conducted under this clause to
the Committee on Transportation and
Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate.
``(E) Inclusions.--
``(i) Requirements.--The Western Alaska oil spill
planning criteria established under subparagraph (D)(i)
shall include planning criteria for the following:
``(I) Mechanical oil spill response
resources that are required to be located within
any part of the area of responsibility of the
Western Alaska Captain of the Port Zone or the
Prince William Sound Captain of the Port Zone
for which the Secretary has determined that the
national planning criteria established pursuant
to this subsection are inappropriate for a
vessel operating in such area.
``(II) Response times for mobilization of
oil spill response resources and arrival on the
scene of a worst case discharge of oil, or
substantial threat of such a discharge,
occurring within such part of such area.
``(III) Pre-identified vessels for oil spill
response that are capable of operating in the
ocean environment.
``(IV) Ensuring the availability of at least
1 oil spill removal organization that is
classified by the Coast Guard and that--
``(aa) is capable of responding in
all operating environments in such part
of such area;
``(bb) controls oil spill response
resources of dedicated and nondedicated
resources within such part of such area,
through ownership, contracts,
agreements, or other means approved by
the President, sufficient--
``(AA) to mobilize and
sustain a response to a worst
case discharge of oil; and
``(BB) to contain, recover,
and temporarily store discharged
oil;
``(cc) has pre-positioned oil spill
response resources in strategic
locations throughout such part of such
area in a manner that ensures the
ability to support response personnel,
marine operations, air cargo, or other
related logistics infrastructure;
``(dd) has temporary storage
capability using both dedicated and non-
dedicated assets located within such
part of such area;
``(ee) has non-mechanical oil spill
response resources capable of responding
to a discharge of persistent oil and a
discharge of nonpersistent oil, whether
the discharged oil was carried by a
vessel as fuel or cargo; and
``(ff) has wildlife response
resources for primary, secondary, and
tertiary responses to support carcass
collection, sampling, deterrence,
rescue, and rehabilitation of birds, sea
turtles, marine mammals, fishery
resources, and other wildlife.
``(V) With respect to tank barges carrying
nonpersistent oil in bulk as cargo, oil spill
response resources that are required to be
carried on board.
``(VI) Specifying a minimum length of time
that approval of a vessel response plan under
this paragraph is valid.
``(VII) Managing wildlife protection and
rehabilitation, including identified wildlife
protection and rehabilitation resources in that
area.
``(ii) Additional considerations.--The Western
Alaska oil spill planning criteria established under
subparagraph (D)(i) may include planning criteria for
the following:
``(I) Vessel routing measures consistent
with international routing measure deviation
protocols.
``(II) Maintenance of real-time continuous
vessel tracking, monitoring, and engagement
protocols with the ability to detect and address
vessel operation anomalies.
``(F) Requirement for approval.--The President may approve a
vessel response plan for a vessel under this paragraph only if
the owner or operator of the vessel demonstrates the
availability of the oil spill response resources required to be
included in the vessel response plan under the Western Alaska
oil spill planning criteria established under subparagraph
(D)(i).
``(G) Periodic audits.--The Secretary shall conduct periodic
audits to ensure compliance of vessel response plans and oil
spill removal organizations within the Western Alaska Captain of
the Port Zone and the Prince William Sound Captain of the Port
Zone with the Western Alaska oil spill planning criteria
established under subparagraph (D)(i).
``(H) Review of determination.--Not less frequently than
once every 5 years, the Secretary shall review each
determination of the Secretary under subparagraph (B) that the
national planning criteria established pursuant to this
subsection are inappropriate for a vessel operating in the area
of responsibility of the Western Alaska Captain of the Port Zone
and the Prince William Sound Captain of the Port Zone.
``(I) Vessels in cook inlet.--Unless otherwise authorized by
the Secretary, a vessel may only operate in Cook Inlet, Alaska,
under a vessel response plan approved under paragraph (5) that
meets the requirements of the national planning criteria
established pursuant to this subsection.
``(J) Savings provisions.--Nothing in this paragraph
affects--
``(i) the requirements under this subsection
applicable to vessel response plans for vessels
operating within the area of responsibility of the
Western Alaska Captain of the Port Zone, within Cook
Inlet, Alaska;
``(ii) the requirements under this subsection
applicable to vessel response plans for vessels
operating within the area of responsibility of the
Prince William Sound Captain of the Port Zone that are
subject to section 5005 of the Oil Pollution Act of 1990
(33 U.S.C. 2735); or
``(iii) the authority of a Federal On-Scene
Coordinator to use any available resources when
responding to an oil spill.''.
(2) Establishment of western alaska oil spill planning criteria.--
(A) Deadline.--Not later than 2 years after the date of
enactment of this Act, the President shall establish the Western
Alaska oil spill planning criteria required to be established
under paragraph (9)(D)(i) of section 311(j) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(j)).
(B) Consultation.--In establishing the Western Alaska oil
spill planning criteria described in subparagraph (A), the
President shall consult with the Federal agencies, State and
local governments, Tribes (as defined in section 323 of title
14, United States Code), the owners and operators that would be
subject to such planning criteria, oil spill removal
organizations, Alaska Native organizations, and environmental
nongovernmental organizations.
(C) Congressional report.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall submit to
Congress a report describing the status of implementation of
paragraph (9) of section 311(j) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(j)).
SEC. 11310. COAST GUARD CLAIMS PROCESSING COSTS.
Section 1012(a)(4) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(4))
is amended by striking ``damages;'' and inserting ``damages, including, in the
case of a spill of national significance that results in extraordinary Coast
Guard claims processing activities, the administrative and personnel costs of
the Coast Guard to process such claims (including the costs of commercial claims
processing, expert services, training, and technical services), subject to the
condition that the Coast Guard shall submit to Congress a report describing each
spill of national significance not later than 30 days after the date on which
the Coast Guard determines it necessary to process such claims;''.
SEC. 11311. CALCULATION OF INTEREST ON DEBT OWED TO NATIONAL POLLUTION FUND.
Section 1005(b)(4) of the Oil Pollution Act of 1990 (33 U.S.C. 2705(b)(4))
is amended--
(1) by striking ``The interest paid'' and inserting the following:
``(A) In general.--The interest paid for claims, other than
Federal Government cost recovery claims,''; and
(2) by adding at the end the following:
``(B) Federal cost recovery claims.--The interest paid for
Federal Government cost recovery claims under this section shall
be calculated in accordance with section 3717 of title 31,
United States Code.''.
SEC. 11312. PER-INCIDENT LIMITATION.
Subparagraph (A) of section 9509(c)(2) of the Internal Revenue Code of 1986
is amended--
(1) in clause (i) by striking ``$1,000,000,000'' and inserting
``$1,500,000,000'';
(2) in clause (ii) by striking ``$500,000,000'' and inserting
``$750,000,000''; and
(3) in the heading by striking ``$1,000,000,000'' and inserting
``$1,500,000,000''.
SEC. 11313. ACCESS TO OIL SPILL LIABILITY TRUST FUND.
Section 6002 of the Oil Pollution Act of 1990 (33 U.S.C. 2752) is amended by
striking subsection (b) and inserting the following:
``(b) Exceptions.--
``(1) In general.--Subsection (a) shall not apply to--
``(A) section 1006(f), 1012(a)(4), or 5006; or
``(B) an amount, which may not exceed $50,000,000 in any
fiscal year, made available by the President from the Fund--
``(i) to carry out section 311(c) of the Federal
Water Pollution Control Act (33 U.S.C. 1321(c)); and
``(ii) to initiate the assessment of natural
resources damages required under section 1006.
``(2) Fund advances.--
``(A) In general.--To the extent that the amount described
in subparagraph (B) of paragraph (1) is not adequate to carry
out the activities described in such subparagraph, the Coast
Guard may obtain 1 or more advances from the Fund as may be
necessary, up to a maximum of $100,000,000 for each advance,
with the total amount of advances not to exceed the amounts
available under section 9509(c)(2) of the Internal Revenue Code
of 1986.
``(B) Notification to congress.--Not later than 30 days
after the date on which the Coast Guard obtains an advance under
subparagraph (A), the Coast Guard shall notify Congress of--
``(i) the amount advanced; and
``(ii) the facts and circumstances that necessitated
the advance.
``(C) Repayment.--Amounts advanced under this paragraph
shall be repaid to the Fund when, and to the extent that,
removal costs are recovered by the Coast Guard from responsible
parties for the discharge or substantial threat of discharge.
``(3) Availability.--Amounts to which this subsection applies shall
remain available until expended.''.
SEC. 11314. COST-REIMBURSABLE AGREEMENTS.
Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712) is amended--
(1) in subsection (a)(1)(B) by striking ``by a Governor or
designated State official'' and inserting ``by a State, a political
subdivision of a State, or an Indian tribe, pursuant to a cost-
reimbursable agreement'';
(2) by striking subsections (d) and (e) and inserting the following:
``(d) Cost-Reimbursable Agreement.--
``(1) In general.--In carrying out section 311(c) of the Federal
Water Pollution Control Act (33 U.S.C. 1321(c)), the President may enter
into cost-reimbursable agreements with a State, a political subdivision
of a State, or an Indian tribe to obligate the Fund for the payment of
removal costs consistent with the National Contingency Plan.
``(2) Inapplicability.--Chapter 63 and section 1535 of title 31,
United States Code shall not apply to a cost-reimbursable agreement
entered into under this subsection.''; and
(3) by redesignating subsections (f), (h), (i), (j), (k), and (l) as
subsections (e), (f), (g), (h), (i), and (j), respectively.
SEC. 11315. OIL SPILL RESPONSE REVIEW.
(a) In General.--Subject to the availability of appropriations, the
Commandant shall develop and carry out a program--
(1) to increase collection and improve the quality of incident data
on oil spill location and response capability by periodically evaluating
the data, documentation, and analysis of--
(A) Coast Guard-approved vessel response plans, including
vessel response plan audits and assessments;
(B) oil spill response drills conducted under section
311(j)(7) of the Federal Water Pollution Control Act (33 U.S.C.
1321(j)(7)) that occur within the Marine Transportation System;
and
(C) responses to oil spill incidents that require
mobilization of contracted response resources;
(2) to improve the effectiveness of vessel response plans by--
(A) systematically reviewing the capacity of an oil spill
response organization identified in a vessel response plan to
provide the specific response resources, such as private
personnel, equipment, other vessels identified in such vessel
response plan; and
(B) approving a vessel response plan only after confirming
the identified oil spill response organization has the capacity
to provide such response resources;
(3) to update, not less frequently than annually, information
contained in the Coast Guard Response Resource Inventory and other Coast
Guard tools used to document the availability and status of oil spill
response equipment, so as to ensure that such information remains
current; and
(4) subject to section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act''), to make data collected
under paragraph (1) available to the public.
(b) Policy.--Not later than 1 year after the date of enactment of this Act,
the Commandant shall issue a policy--
(1) to establish processes to maintain the program under subsection
(a) and support Coast Guard oil spill prevention and response
activities, including by incorporating oil spill incident data from
after-action oil spill reports and data ascertained from vessel response
plan exercises and audits into--
(A) review and approval process standards and metrics;
(B) alternative planning criteria review processes;
(C) Area Contingency Plan development;
(D) risk assessments developed under section 70001 of title
46, United States Code, including lessons learned from
reportable marine casualties;
(E) processes and standards which mitigate the impact of
military personnel rotations in Coast Guard field units on
knowledge and awareness of vessel response plan requirements,
including knowledge relating to the evaluation of proposed
alternatives to national planning requirements; and
(F) processes and standards which evaluate the consequences
of reporting inaccurate data in vessel response plans submitted
to the Commandant pursuant to part 300 of title 40, Code of
Federal Regulations, and submitted for storage in the Marine
Information for Safety and Law Enforcement database pursuant to
section 300.300 of such title (or any successor regulation);
(2) to standardize and develop tools, training, and other relevant
guidance that may be shared with vessel owners and operators to assist
with accurately calculating and measuring the performance and viability
of proposed alternatives to national planning criteria requirements and
Area Contingency Plans administered by the Coast Guard;
(3) to improve training of Coast Guard personnel to ensure
continuity of planning activities under this section, including by
identifying ways in which civilian staffing may improve the continuity
of operations; and
(4) to increase Federal Government engagement with State, local, and
Tribal governments and stakeholders so as to strengthen coordination and
efficiency of oil spill responses.
(c) Periodic Updates.--Not less frequently than every 5 years, the
Commandant shall update the processes established under subsection (b)(1) to
incorporate relevant analyses of--
(1) incident data on oil spill location and response quality;
(2) oil spill risk assessments;
(3) oil spill response effectiveness and the effects of such
response on the environment;
(4) oil spill response drills conducted under section 311(j)(7) of
the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(7));
(5) marine casualties reported to the Coast Guard; and
(6) near miss incidents documented by a vessel traffic service
center (as such terms are defined in sections 70001(m) of title 46,
United States Code).
(d) Report.--
(1) In general.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter for 5 years, the Commandant shall
provide to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a briefing on the status of ongoing and planned
efforts to improve the effectiveness and oversight of the program
established under subsection (a) and vessel response plan approvals.
(2) Public availability.--The Commandant shall publish the briefing
required under paragraph (1) on a publicly accessible website of the
Coast Guard.
SEC. 11316. ADDITIONAL EXCEPTIONS TO REGULATIONS FOR TOWING VESSELS.
(a) In General.--Not later than 180 days after the date of enactment of this
Act, the Secretary shall review existing Coast Guard policies with respect to
exceptions to the applicability of subchapter M of chapter I of title 46, Code
of Federal Regulations (or successor regulations), for--
(1) an oil spill response vessel, or a vessel of opportunity, while
such vessel is--
(A) towing boom for oil spill response; or
(B) participating in an oil response exercise; and
(2) a fishing vessel while that vessel is operating as a vessel of
opportunity.
(b) Policy.--Not later than 180 days after the conclusion of the review
required under subsection (a), the Secretary shall revise or issue any necessary
policy to clarify the applicability of subchapter M of chapter I of title 46,
Code of Federal Regulations (or successor regulations) to the vessels described
in subsection (a). Such a policy shall ensure safe and effective operation of
such vessels.
(c) Definitions.--In this section:
(1) Fishing vessel; oil spill response vessel.--The terms ``fishing
vessel'' and ``oil spill response vessel'' have the meanings given such
terms in section 2101 of title 46, United States Code.
(2) Vessel of opportunity.--The term ``vessel of opportunity'' means
a vessel engaged in spill response activities that is normally and
substantially involved in activities other than spill response and not a
vessel carrying oil as a primary cargo.
SEC. 11317. PORT COORDINATION COUNCIL FOR POINT SPENCER.
Section 541 of the Coast Guard Authorization Act of 2016 (Public Law 114-
120) is amended--
(1) in subsection (b)(2) by striking ``BSNC'' and inserting the
following: ``BSNC (to serve as Council Chair).
``(3) The Denali Commission.
``(4) An oil spill removal organization that serves the area in
which such Port is located.
``(5) A salvage and marine firefighting organization that serves the
area in which such Port is located.''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (B) by striking the semicolon
and inserting ``; and'';
(ii) by striking ``; and'' and inserting the
following: ``at Point Spencer in support of the
activities for which Congress finds a compelling need in
section 531 of this subtitle.''; and
(iii) by striking subparagraph (D); and
(B) by striking paragraph (3) and inserting the following:
``(3) Facilitate coordination among members of the Council on the
development and use of the land and coastline of Point Spencer, as such
development and use relate to activities of the Council at the Port of
Point Spencer.''.
Subtitle C--Environmental Compliance
SEC. 11318. PROVIDING REQUIREMENTS FOR VESSELS ANCHORED IN ESTABLISHED ANCHORAGE
GROUNDS.
(a) In General.--Subchapter I of chapter 700 of title 46, United States
Code, is amended by adding at the end the following:
``Sec. 70007. Anchorage grounds
``(a) Anchorage Grounds.--
``(1) Establishment.--The Secretary of the department in which the
Coast Guard is operating shall define and establish anchorage grounds in
the navigable waters of the United States for vessels operating in such
waters.
``(2) Relevant factors for establishment.--In carrying out paragraph
(1), the Secretary shall take into account all relevant factors
concerning navigational safety, protection of the marine environment,
proximity to undersea pipelines and cables, safe and efficient use of
Marine Transportation System, and national security.
``(b) Vessel Requirements.--Vessels, of certain sizes or type determined by
the Secretary, shall--
``(1) set and maintain an anchor alarm for the duration of an
anchorage;
``(2) comply with any directions or orders issued by the Captain of
the Port; and
``(3) comply with any applicable anchorage regulations.
``(c) Prohibitions.--A vessel may not--
``(1) anchor in any Federal navigation channel unless authorized or
directed to by the Captain of the Port;
``(2) anchor in near proximity, within distances determined by the
Coast Guard, to an undersea pipeline or cable, unless authorized or
directed to by the Captain of the Port; and
``(3) anchor or remain anchored in an anchorage ground during any
period in which the Captain of the Port orders closure of the anchorage
ground due to inclement weather, navigational hazard, a threat to the
environment, or other safety or security concern.
``(d) Safety Exception.--Nothing in this section shall be construed to
prevent a vessel from taking actions necessary to maintain the safety of the
vessel or to prevent the loss of life or property.''.
(b) Regulatory Review.--
(1) Review required.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall review existing policies,
final agency actions, regulations, or other rules relating to anchorage
promulgated under section 70006 of title 46, United States Code and--
(A) identify any such regulations or rules that may need
modification or repeal--
(i) in the interest of marine safety, security, and
environmental concerns, taking into account undersea
pipelines, cables, or other infrastructure; or
(ii) to implement the amendments made by this
section; and
(B) complete a cost-benefit analysis for any modification or
repeal identified under paragraph (1).
(2) Briefing.--Upon completion of the review under paragraph (1),
but not later than 2 years after the date of enactment of this Act, the
Secretary shall provide a briefing to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives that
summarizes such review.
(c) Savings Clause.--Nothing in this section shall limit any authority
available, as of the date of enactment of this Act, to the captain of a port
with respect to safety measures or any other authority as necessary for the
safety of vessels located in anchorage grounds in the navigable waters of the
United States.
(d) Clerical Amendment.--The analysis for chapter 700 of title 46, United
States Code, is amended by inserting after the item relating to section 70006
the following:
``70007. Anchorage grounds.''.
(e) Applicability of Regulations.--The amendments made by subsection (a) may
not be construed to alter any existing rules, regulations, or final agency
actions issued under section 70006 of title 46, United States Code, as in effect
on the day before the date of enactment of this Act, until all regulations
required under subsection (b) take effect.
SEC. 11319. STUDY ON IMPACTS ON SHIPPING AND COMMERCIAL, TRIBAL, AND
RECREATIONAL FISHERIES FROM DEVELOPMENT OF RENEWABLE ENERGY ON
WEST COAST.
(a) Study.--Not later than 180 days after the date of enactment of this Act,
the Secretary, the Secretary of the Interior, and the Under Secretary of
Commerce for Oceans and Atmosphere, shall seek to enter into an agreement with
the National Academies of Science, Engineering, and Medicine under which the
National Academy of Sciences, Engineering, and Medicine shall carry out a study
to--
(1) identify, document, and analyze--
(A) historic and current, as of the date of the study,
Tribal, commercial, and recreational fishing grounds, as well as
areas where fish stocks are likely to shift in the future in all
covered waters;
(B) usual and accustomed fishing areas in all covered
waters;
(C) historic, current, and potential future shipping lanes,
based on projected growth in shipping traffic in all covered
waters;
(D) current and expected Coast Guard operations relevant to
commercial fishing activities, including search and rescue,
radar, navigation, communications, and safety within and near
renewable energy sites; and
(E) key types of data needed to properly site renewable
energy sites on the West Coast, with regard to assessing and
mitigating conflicts;
(2) analyze--
(A) methods used to manage fishing, shipping, and other
maritime activities; and
(B) potential future interactions between such activities
and the placement of renewable energy infrastructure and the
associated construction, maintenance, and operation of such
infrastructure, including potential benefits and methods of
mitigating adverse impacts; and
(3) review the current decision-making process for offshore wind in
covered waters, and outline recommendations for governmental
consideration of all impacted coastal communities, particularly Tribal
governments and fisheries communities, in the decision-making process
for offshore wind in covered waters, including recommendations for--
(A) ensuring the appropriate governmental consideration of
potential benefits of offshore wind in covered waters; and
(B) risk reduction and mitigation of adverse impacts on
Coast Guard operations relevant to commercial fishing
activities.
(b) Submission.--Not later than 1 year after commencing the study under
subsection (a), the Secretary shall--
(1) submit the study to the Committees on Commerce, Science, and
Transportation, and Energy and Natural Resources of the Senate and the
Committees on Transportation and Infrastructure, Natural Resources, and
Energy and Commerce of the House of Representatives, including the
review and outline provided under subsection (a)(3); and
(2) make the study publicly available.
(c) Definitions.--In this section:
(1) Covered waters.--The term ``covered waters'' means Federal or
State waters off of the Canadian border and out to the furthest extent
of the exclusive economic zone along the West Coast of the United
States.
(2) Exclusive economic zone.--The term ``exclusive economic zone''
has the meaning given such term in section 107 of title 46, United
States Code.
SEC. 11320. USE OF DEVICES BROADCASTING ON AIS FOR PURPOSES OF MARKING FISHING
GEAR.
The Secretary shall, within the Eleventh Coast Guard District, Thirteenth
Coast Guard District, Fourteenth Coast Guard District, and Seventeenth Coast
Guard District, suspend enforcement of individuals using automatic
identification systems devices to mark fishing equipment during the period
beginning on the date of enactment of this Act and ending on the earlier of--
(1) the date that is 2 years after such date of enactment; or
(2) the date on which the Federal Communications Commission
promulgates a final rule to authorize a device used to mark fishing
equipment to operate in radio frequencies assigned for Automatic
Identification System stations.
Subtitle D--Environmental Issues
SEC. 11321. NOTIFICATION OF COMMUNICATION OUTAGES.
(a) Upgrades to Rescue 21 System in Alaska.--Not later than August 30, 2023,
the Commandant shall ensure the timely upgrade of the Rescue 21 system in Alaska
so as to achieve 98 percent operational availability of remote fixed facility
sites.
(b) Plan to Reduce Outages.--
(1) In general.--Not later than 180 days after the date of enactment
of this Act, the Commandant shall develop an operations and maintenance
plan for the Rescue 21 system in Alaska that anticipates maintenance
needs so as to reduce Rescue 21 system outages to the maximum extent
practicable.
(2) Public availability.--The plan required under paragraph (1)
shall be made available to the public on a publicly accessible website.
(c) Report Required.--Not later than 180 days after the date of enactment of
this Act, the Commandant shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that--
(1) contains a plan for the Coast Guard to notify mariners of radio
outages for towers owned and operated by the Seventeenth Coast Guard
District;
(2) addresses in such plan how the Seventeenth Coast Guard will--
(A) disseminate updates regarding outages on social media
not less frequently than every 48 hours;
(B) provide updates on a publicly accessible website not
less frequently than every 48 hours;
(C) develop methods for notifying mariners in areas in which
cellular connectivity does not exist; and
(D) develop and advertise a web-based communications update
hub on AM/FM radio for mariners; and
(3) identifies technology gaps that need to be mitigated in order to
implement the plan and provides a budgetary assessment necessary to
implement the plan.
(d) Contingency Plan.--
(1) In general.--Not later than 180 days after the date of enactment
of this Act, the Commandant shall, in collaboration with relevant
Federal, State, Tribal, and other relevant entities (including the North
Pacific Fishery Management Council, the National Oceanic and Atmospheric
Administration Weather Service, the National Oceanic and Atmospheric
Administration Fisheries Service, agencies of the State of Alaska, local
radio stations, and stakeholders), establish a contingency plan to
ensure that notifications of an outage of the Rescue 21 system in Alaska
are broadly disseminated in advance of such an outage.
(2) Elements.--The contingency plan required under paragraph (1)
shall require the Coast Guard to--
(A) disseminate updates regarding outages of the Rescue 21
system in Alaska on social media not less frequently than every
48 hours during an outage;
(B) provide updates on a publicly accessible website not
less frequently than every 48 hours during an outage;
(C) notify mariners in areas in which cellular connectivity
does not exist;
(D) develop and advertise a web-based communications update
hub on AM/FM radio for mariners; and
(E) identify technology gaps necessary to implement the plan
and provides a budgetary assessment necessary to implement the
plan.
SEC. 11322. IMPROVEMENTS TO COMMUNICATION WITH FISHING INDUSTRY AND RELATED
STAKEHOLDERS.
(a) In General.--The Commandant, in coordination with the National
Commercial Fishing Safety Advisory Committee established by section 15102 of
title 46, United States Code, shall develop a publicly accessible website that
contains all information related to fishing industry activities, including
vessel safety, inspections, enforcement, hazards, training, regulations
(including proposed regulations), outages of the Rescue 21 system in Alaska and
similar outages, and any other fishing-related activities.
(b) Automatic Communications.--The Commandant shall provide methods for
regular and automatic email communications with stakeholders who elect, through
the website developed under subsection (a), to receive such communications.
SEC. 11323. ADVANCE NOTIFICATION OF MILITARY OR OTHER EXERCISES.
In consultation with the Secretary of Defense, the Secretary of State, and
commercial fishing industry participants, the Commandant shall develop and
publish on a publicly available website a plan for notifying United States
mariners and the operators of United States fishing vessels in advance of--
(1) military exercises in the exclusive economic zone (as defined in
section 3 of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1802)); or
(2) other military activities that will impact recreational or
commercial activities.
SEC. 11324. MODIFICATIONS TO SPORT FISH RESTORATION AND BOATING TRUST FUND
ADMINISTRATION.
(a) Dingell-Johnson Sport Fish Restoration Act Amendments.--
(1) Available amounts.--Section 4(b)(1)(B)(i) of the Dingell-Johnson
Sport Fish Restoration Act (16 U.S.C. 777c(b)(1)(B)(i)) is amended to
read as follows:
``(i) for the fiscal year that includes November 15,
2021, the product obtained by multiplying--
``(I) $12,786,434; and
``(II) the change, relative to the preceding
fiscal year, in the Consumer Price Index for All
Urban Consumers published by the Department of
Labor; and''.
(2) Authorized expenses.--Section 9(a) of the Dingell-Johnson Sport
Fish Restoration Act (16 U.S.C. 777h(a)) is amended--
(A) in paragraph (7) by striking ``full-time''; and
(B) in paragraph (9) by striking ``on a full-time basis''.
(b) Pittman-Robertson Wildlife Restoration Act Amendments.--
(1) Available amounts.--Section 4(a)(1)(B)(i) of the Pittman-
Robertson Wildlife Restoration Act (16 U.S.C. 669c(a)(1)(B)(i)) is
amended to read as follows:
``(i) for the fiscal year that includes November 15,
2021, the product obtained by multiplying--
``(I) $12,786,434; and
``(II) the change, relative to the preceding
fiscal year, in the Consumer Price Index for All
Urban Consumers published by the Department of
Labor; and''.
(2) Authorized expenses.--Section 9(a) of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669h(a)) is amended--
(A) in paragraph (7) by striking ``full-time''; and
(B) in paragraph (9) by striking ``on a full-time basis''.
SEC. 11325. LOAD LINES.
(a) Application to Certain Vessels.--During the period beginning on the date
of enactment of this Act and ending on the date that is 3 years after the date
on which the report required under subsection (b) is submitted, the load line
requirements of chapter 51 of title 46, United States Code, shall not apply to
covered fishing vessels.
(b) GAO Report.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives--
(A) a report on the safety and seaworthiness of vessels
described in section 5102(b)(5) of title 46, United States Code;
and
(B) recommendations for exempting certain vessels from the
load line requirements under chapter 51 of title 46 of such
Code.
(2) Elements.--The report required under paragraph (1) shall include
the following:
(A) An assessment of stability requirements of vessels
referenced in section 5102(b)(5) of title 46, United States
Code.
(B) An analysis of vessel casualties, mishaps, or other
safety information relevant to load line requirements when a
vessel is operating part-time as a fish tender vessel.
(C) An assessment of any other safety information as the
Comptroller General determines appropriate.
(D) A list of all vessels that, as of the date of the
report--
(i) are covered under section 5102(b)(5) of title
46, United States Code;
(ii) are acting as part-time fish tender vessels;
and
(iii) are subject to any captain of the port zone
subject to the oversight of the Commandant.
(3) Consultation.--In preparing the report required under paragraph
(1), the Comptroller General shall consider consultation with, at a
minimum, the maritime industry, including--
(A) relevant Federal, State, and Tribal maritime
associations and groups; and
(B) relevant federally funded research institutions,
nongovernmental organizations, and academia.
(c) Savings Clause.--Nothing in this section shall limit any authority
available, as of the date of enactment of this Act, to the captain of a port
with respect to safety measures or any other authority as necessary for the
safety of covered fishing vessels.
(d) Definition of Covered Fishing Vessel.--In this section, the term
``covered fishing vessel'' means a vessel that operates exclusively in one, or
both, of the Thirteenth and Seventeenth Coast Guard Districts and that--
(1) was constructed, under construction, or under contract to be
constructed as a fish tender vessel before January 1, 1980;
(2) was converted for use as a fish tender vessel before January 1,
2022, and--
(A) has a valid stability letter issued in accordance with
regulations prescribed under chapter 51 of title 46, United
States Code; and
(B) the hull and internal structure of the vessel has been
verified as suitable for intended service as examined by a
marine surveyor of an organization accepted by the Secretary two
times in the past five years with no interval of more than three
years between such examinations; or
(3) operates part-time as a fish tender vessel for a period of less
than 180 days.
SEC. 11326. ACTIONS BY NATIONAL MARINE FISHERIES SERVICE TO INCREASE ENERGY
PRODUCTION.
(a) In General.--The National Marine Fisheries Service shall, immediately
upon the enactment of this Act, take action to address the outstanding backlog
of letters of authorization for the Gulf of Mexico.
(b) Sense of Congress.--It is the sense of Congress that the National Marine
Fisheries Service should--
(1) take immediate action to issue a rule that allows the Service to
approve outstanding and future applications for letters of authorization
consistent with the permitting activities of the Service; and
(2) on or after the effective date of such rule, prioritize the
consideration of applications in a manner that is consistent with
applicable Federal law.
SEC. 11327. AQUATIC NUISANCE SPECIES TASK FORCE.
(a) Recreational Vessel Defined.--Section 1003 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is amended--
(1) by redesignating paragraphs (13) through (17) as paragraphs (15)
through (19), respectively; and
(2) by inserting after paragraph (12) the following:
``(13) `State' means each of the several States, the District of
Columbia, American Samoa, Guam, Puerto Rico, the Northern Mariana
Islands, and the Virgin Islands of the United States;
``(14) `recreational vessel' has the meaning given that term in
section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362);''.
(b) Observers.--Section 1201 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4721) is amended by adding at the
end the following:
``(g) Observers.--The chairpersons designated under subsection (d) may
invite representatives of nongovernmental entities to participate as observers
of the Task Force.''.
(c) Aquatic Nuisance Species Task Force.--Section 1201(b) of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4721(b)) is amended--
(1) in paragraph (6) by striking ``and'' at the end;
(2) by redesignating paragraph (7) as paragraph (10); and
(3) by inserting after paragraph (6) the following:
``(7) the Director of the National Park Service;
``(8) the Director of the Bureau of Land Management;
``(9) the Commissioner of Reclamation; and''.
(d) Aquatic Nuisance Species Program.--Section 1202 of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722) is
amended--
(1) in subsection (e) by adding at the end the following:
``(4) Technical assistance and recommendations.--The Task Force may
provide technical assistance and recommendations for best practices to
an agency or entity engaged in vessel inspections or decontaminations
for the purpose of--
``(A) effectively managing and controlling the movement of
aquatic nuisance species into, within, or out of water of the
United States; and
``(B) inspecting recreational vessels in a manner that
minimizes disruptions to public access for boating and
recreation in non-contaminated vessels.
``(5) Consultation and input.--In carrying out paragraph (4),
including the development of recommendations, the Task Force may consult
with Indian Tribes and solicit input from--
``(A) State and Tribal fish and wildlife management
agencies;
``(B) other State and Tribal agencies that manage fishery
resources of the State or sustain fishery habitat; and
``(C) relevant nongovernmental entities.''; and
(2) in subsection (k) by adding at the end the following:
``(3) Not later than 90 days after the date of enactment of the Don
Young Coast Guard Authorization Act of 2022, the Task Force shall submit
a report to Congress recommending legislative, programmatic, or
regulatory changes to eliminate remaining gaps in authorities between
members of the Task Force to effectively manage and control the movement
of aquatic nuisance species.''.
(e) Technical Corrections and Conforming Amendments.--The Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.) is
further amended--
(1) in section 1002(b)(2) by inserting a comma after ``funded'';
(2) in section 1003 in paragraph (7) by striking ``Canandian'' and
inserting ``Canadian'';
(3) in section 1203(a)--
(A) in paragraph (1)(F) by inserting ``and'' after
``research,''; and
(B) in paragraph (3) by striking ``encourage'' and inserting
``encouraged'';
(4) in section 1204(b)(4) in the paragraph heading by striking
``Adminisrative'' and inserting ``Administrative''; and
(5) in section 1209 by striking ``subsection (a)'' and inserting
``section 1202(a)''.
SEC. 11328. SAFETY STANDARDS.
(a) In General.--Section 4502 of title 46, United States Code, is amended--
(1) in subsection (i)(4) by striking ``each of fiscal years 2018
through 2021'' and inserting ``fiscal year 2023''; and
(2) in subsection (j)(4) by striking ``each of fiscal years 2018
through 2021'' and inserting ``fiscal year 2023''.
(b) Authorization of Appropriations.--Section 9 of the Maritime Debris Act
(33 U.S.C. 1958) is amended--
(1) in subsection (a) by striking ``each of fiscal years 2018
through 2022'' and inserting ``fiscal year 2023''; and
(2) in subsection (b) by striking ``2702(1)'' and inserting
``4902(1)''.
Subtitle E--Illegal Fishing and Forced Labor Prevention
SEC. 11329. DEFINITIONS.
In this subtitle:
(1) Forced labor.--The term ``forced labor'' means any labor or
service provided for or obtained by any means described in section
1589(a) of title 18, United States Code.
(2) Human trafficking.--The term ``human trafficking'' has the
meaning given the term ``severe forms of trafficking in persons'' in
section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102).
(3) Illegal, unreported, or unregulated fishing.--The term
``illegal, unreported, or unregulated fishing'' has the meaning given
such term in the implementing regulations or any subsequent regulations
issued pursuant to section 609(e) of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826j(e)).
(4) Oppressive child labor.--The term ``oppressive child labor'' has
the meaning given such term in section 3 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 203).
(5) Seafood.--The term ``seafood'' means all marine animal and plant
life meant for consumption as food other than marine mammals and birds,
including fish, shellfish, shellfish products, and processed fish.
(6) Seafood import monitoring program.--The term ``Seafood Import
Monitoring Program'' means the Seafood Traceability Program established
in subpart Q of part 300 of title 50, Code of Federal Regulations (or
any successor regulation).
(7) Secretary.--The term ``Secretary'' means the Secretary of
Commerce, acting through the Under Secretary of Commerce for Oceans and
Atmosphere.
CHAPTER 1--COMBATING HUMAN TRAFFICKING THROUGH SEAFOOD IMPORT MONITORING
SEC. 11330. ENHANCEMENT OF SEAFOOD IMPORT MONITORING PROGRAM MESSAGE SET IN
AUTOMATED COMMERCIAL ENVIRONMENT SYSTEM.
The Secretary, in coordination with the Commissioner of U.S. Customs and
Border Protection, shall, not later than 6 months after the date of enactment of
this Act, develop a strategy to improve the quality and verifiability of already
collected Seafood Import Monitoring Program Message Set data elements in the
Automated Commercial Environment system. Such strategy shall prioritize the use
of enumerated data types, such as checkboxes, dropdown menus, or radio buttons,
and any additional elements the Administrator of the National Oceanic and
Atmospheric Administration finds appropriate.
SEC. 11331. DATA SHARING AND AGGREGATION.
(a) Interagency Working Group on Illegal, Unreported, or Unregulated
Fishing.--Section 3551(c) of the Maritime SAFE Act (16 U.S.C. 8031(c)) is
amended--
(1) by redesignating paragraphs (4) through (13) as paragraphs (5)
through (14), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) maximizing the utility of the import data collected by the
members of the Working Group by harmonizing data standards and entry
fields;''.
(b) Prohibition on Aggregated Catch Data for Certain Species.--Beginning not
later than 1 year after the date of enactment of this Act, for the purposes of
compliance with respect to Northern red snapper under the Seafood Import
Monitoring Program, the Secretary may not allow an aggregated harvest report of
such species, regardless of vessel size.
SEC. 11332. IMPORT AUDITS.
(a) Audit Procedures.--The Secretary shall, not later than 1 year after the
date of enactment of this Act, implement procedures to audit information and
supporting records of sufficient numbers of imports of seafood and seafood
products subject to the Seafood Import Monitoring Program to support
statistically robust conclusions that the samples audited are representative of
all seafood imports covered by the Seafood Import Monitoring Program with
respect to a given year.
(b) Expansion of Marine Forensics Laboratory.--The Secretary shall, not
later than 1 year after the date of enactment of this Act, begin the process of
expanding the National Oceanic and Atmospheric Administration's Marine Forensics
Laboratory, including by establishing sufficient capacity for the development
and deployment of rapid, and follow-up, analysis of field-based tests focused on
identifying Seafood Import Monitoring Program species, and prioritizing such
species at high risk of illegal, unreported, or unregulated fishing and seafood
fraud.
(c) Annual Revision.--In developing the procedures required in subsection
(a), the Secretary shall use predictive analytics to inform whether to revise
such procedures to prioritize for audit those imports originating from nations--
(1) identified pursuant to section 609(a) or 610(a) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a) or
1826k(a)) that have not yet received a subsequent positive certification
pursuant to section 609(d) or 610(c) of such Act, respectively;
(2) identified by an appropriate regional fishery management
organization as being the flag state or landing location of vessels
identified by other nations or regional fisheries management
organizations as engaging in illegal, unreported, or unregulated
fishing;
(3) identified as having human trafficking or forced labor in any
part of the seafood supply chain, including on vessels flagged in such
nation, and including feed for cultured production, in the most recent
Trafficking in Persons Report issued by the Department of State in
accordance with the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7101 et seq.);
(4) identified as producing goods that contain seafood using forced
labor or oppressive child labor in the most recent List of Goods
Produced by Child Labor or Forced Labor in accordance with the
Trafficking Victims Protection Act (22 U.S.C. 7101 et seq.); and
(5) identified as at risk for human trafficking, including forced
labor, in their seafood catching and processing industries by the report
required under section 3563 of the Maritime SAFE Act (Public Law 116-
92).
SEC. 11333. AVAILABILITY OF FISHERIES INFORMATION.
Section 402(b)(1) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1881a(b)(1)) is amended--
(1) in subparagraph (G) by striking ``or'' after the semicolon;
(2) in subparagraph (H) by striking the period at the end of such
subparagraph and inserting ``; or''; and
(3) by adding at the end the following:
``(I) to Federal agencies, to the extent necessary and
appropriate, to administer Federal programs established to
combat illegal, unreported, or unregulated fishing or forced
labor (as such terms are defined in section 11329 of the Don
Young Coast Guard Authorization Act of 2022), which shall not
include an authorization for such agencies to release data to
the public unless such release is related to enforcement.''.
SEC. 11334. REPORT ON SEAFOOD IMPORT MONITORING PROGRAM.
(a) Report to Congress and Public Availability of Reports.--The Secretary
shall, not later than 120 days after the end of each fiscal year, submit to the
Committee on Commerce, Science, and Transportation and the Committee on Finance
of the Senate and the Committee on Natural Resources and the Committee on
Financial Services of the House of Representatives a report that summarizes the
National Marine Fisheries Service's efforts to prevent the importation of
seafood harvested through illegal, unreported, or unregulated fishing,
particularly with respect to seafood harvested, produced, processed, or
manufactured by forced labor. Each such report shall be made publicly available
on the website of the National Oceanic and Atmospheric Administration.
(b) Contents.--Each report submitted under subsection (a) shall include--
(1) the volume and value of seafood species subject to the Seafood
Import Monitoring Program, reported by 10-digit Harmonized Tariff
Schedule of the United States codes, imported during the previous fiscal
year;
(2) the enforcement activities and priorities of the National Marine
Fisheries Service with respect to implementing the requirements under
the Seafood Import Monitoring Program;
(3) the percentage of import shipments subject to the Seafood Import
Monitoring Program selected for inspection or the information or records
supporting entry selected for audit, as described in section 300.324(d)
of title 50, Code of Federal Regulations;
(4) the number and types of instances of noncompliance with the
requirements of the Seafood Import Monitoring Program;
(5) the number and types of instances of violations of State or
Federal law discovered through the Seafood Import Monitoring Program;
(6) the seafood species with respect to which violations described
in paragraphs (4) and (5) were most prevalent;
(7) the location of catch or harvest with respect to which
violations described in paragraphs (4) and (5) were most prevalent;
(8) the additional tools, such as high performance computing and
associated costs, that the Secretary needs to improve the efficacy of
the Seafood Import Monitoring Program; and
(9) such other information as the Secretary considers appropriate
with respect to monitoring and enforcing compliance with the Seafood
Import Monitoring Program.
SEC. 11335. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Commissioner of U.S. Customs
and Border Protection to carry out enforcement actions pursuant to section 307
of the Tariff Act of 1930 (19 U.S.C. 1307) $20,000,000 for each of fiscal years
2023 through 2027.
CHAPTER 2--STRENGTHENING INTERNATIONAL FISHERIES MANAGEMENT TO COMBAT HUMAN
TRAFFICKING
SEC. 11336. DENIAL OF PORT PRIVILEGES.
Section 101(a)(2) of the High Seas Driftnet Fisheries Enforcement Act (16
U.S.C. 1826a(a)(2)) is amended to read as follows:
``(2) Denial of port privileges.--The Secretary of Homeland Security
shall, in accordance with international law--
``(A) withhold or revoke the clearance required by section
60105 of title 46, United States Code, for any large-scale
driftnet fishing vessel of a nation that receives a negative
certification under section 609(d) or 610(c) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(d)
or 1826k(c)), or fishing vessels of a nation that has been
listed pursuant to section 609(b) or section 610(a) of such Act
(16 U.S.C. 1826j(b) or 1826k(a)) in 2 or more consecutive
reports for the same type of fisheries activity, as described
under section 607 of such Act (16 U.S.C. 1826h), until a
positive certification has been received;
``(B) withhold or revoke the clearance required by section
60105 of title 46, United States Code, for fishing vessels of a
nation that has been listed pursuant to section 609(a) or 610(a)
of the High Seas Driftnet Fishing Moratorium Protection Act (16
U.S.C. 1826j(a) or 1826k(a)) in 2 or more consecutive reports as
described under section 607 of such Act (16 U.S.C. 1826h); and
``(C) deny entry of that vessel to any place in the United
States and to the navigable waters of the United States, except
for the purposes of inspecting such vessel, conducting an
investigation, or taking other appropriate enforcement
action.''.
SEC. 11337. IDENTIFICATION AND CERTIFICATION CRITERIA.
(a) Denial of Port Privileges.--Section 609(a) of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826j(a)) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) For actions of a nation.--The Secretary shall identify, and
list in such report, a nation engaging in or endorsing illegal,
unreported, or unregulated fishing. In determining which nations to list
in such report, the Secretary shall consider the following:
``(A) Any nation that is violating, or has violated at any
point during the 3 years preceding the date of the
determination, conservation and management measures, including
catch and other data reporting obligations and requirements,
required under an international fishery management agreement to
which the United States is a party.
``(B) Any nation that is failing, or has failed in the 3-
year period preceding the date of the determination, to
effectively address or regulate illegal, unreported, or
unregulated fishing within its fleets in any areas where its
vessels are fishing.
``(C) Any nation that fails to discharge duties incumbent
upon it under international law or practice as a flag, port, or
coastal state to take action to prevent, deter, and eliminate
illegal, unreported, or unregulated fishing.
``(D) Any nation that has been identified as producing for
export to the United States seafood-related goods through forced
labor or oppressive child labor (as those terms are defined in
section 11329 of the Don Young Coast Guard Authorization Act of
2022) in the most recent List of Goods Produced by Child Labor
or Forced Labor in accordance with the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7101 et seq.).''; and
(2) by adding at the end the following:
``(4) Timing.--The Secretary shall make an identification under
paragraph (1) or (2) at any time that the Secretary has sufficient
information to make such identification.''.
(b) Illegal, Unreported, or Unregulated Certification Determination.--
Section 609 of the High Seas Driftnet Fishing Moratorium Protection Act (16
U.S.C. 1826j) is amended--
(1) in subsection (d) by striking paragraph (3) and inserting the
following:
``(3) Effect of certification determination.--
``(A) Effect of negative certification.--The provisions of
subsection (a) and paragraphs (3) and (4) of subsection (b) of
section 101 of the High Seas Driftnet Fisheries Enforcement Act
(16 U.S.C. 1826a(a) and (b)(3) and (4)) shall apply to any
nation that, after being identified and notified under
subsection (b) has failed to take the appropriate corrective
actions for which the Secretary has issued a negative
certification under this subsection.
``(B) Effect of positive certification.--The provisions of
subsection (a) and paragraphs (3) and (4) of subsection (b) of
section 101 of the High Seas Driftnet Fisheries Enforcement Act
(16 U.S.C. 1826a(a) and (b)(3) and (4)) shall not apply to any
nation identified under subsection (a) for which the Secretary
has issued a positive certification under this subsection.'';
(2) by redesignating subsections (e) and (f) as subsections (f) and
(g), respectively; and
(3) by inserting after subsection (d) the following:
``(e) Recordkeeping Requirements.--The Secretary shall ensure that seafood
or seafood products authorized for entry under this section are imported
consistent with the reporting and the recordkeeping requirements of the Seafood
Import Monitoring Program described in part 300.324(b) of title 50, Code of
Federal Regulations (or any successor regulation).''.
SEC. 11338. EQUIVALENT CONSERVATION MEASURES.
(a) Identification.--Section 610(a) of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826k(a)) is amended to read as follows:
``(a) Identification.--
``(1) In general.--The Secretary shall identify and list in the
report under section 607--
``(A) a nation if--
``(i) any fishing vessel of that nation is engaged,
or has been engaged during the 3 years preceding the
date of the determination, in fishing activities or
practices on the high seas or within the exclusive
economic zone of any nation, that have resulted in
bycatch of a protected living marine resource; and
``(ii) the vessel's flag state has not adopted,
implemented, and enforced a regulatory program governing
such fishing designed to end or reduce such bycatch that
is comparable in effectiveness to the regulatory program
of the United States, taking into account differing
conditions; and
``(B) a nation if--
``(i) any fishing vessel of that nation is engaged,
or has engaged during the 3 years preceding the date of
the determination, in fishing activities on the high
seas or within the exclusive economic zone of another
nation that target or incidentally catch sharks; and
``(ii) the vessel's flag state has not adopted,
implemented, and enforced a regulatory program to
provide for the conservation of sharks, including
measures to prohibit removal of any of the fins of a
shark, including the tail, before landing the shark in
port, that is comparable to that of the United States.
``(2) Timing.--The Secretary shall make an identification under
paragraph (1) at any time that the Secretary has sufficient information
to make such identification.''.
(b) Consultation and Negotiation.--Section 610(b) of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826k(b)) is amended to read as
follows:
``(b) Consultation and Negotiation.--The Secretary of State, acting in
consultation with the Secretary, shall--
``(1) notify, as soon as practicable, the President and nations that
are engaged in, or that have any fishing vessels engaged in, fishing
activities or practices described in subsection (a), about the
provisions of this Act;
``(2) initiate discussions as soon as practicable with all foreign
nations that are engaged in, or a fishing vessel of which has engaged
in, fishing activities described in subsection (a), for the purpose of
entering into bilateral and multilateral treaties with such nations to
protect such species and to address any underlying failings or gaps that
may have contributed to identification under this Act;
``(3) seek agreements calling for international restrictions on
fishing activities or practices described in subsection (a) through the
United Nations, the Committee on Fisheries of the Food and Agriculture
Organization of the United Nations, and appropriate international
fishery management bodies; and
``(4) initiate the amendment of any existing international treaty
for the protection and conservation of such species to which the United
States is a party in order to make such treaty consistent with the
purposes and policies of this section.''.
(c) Conservation Certification Procedure.--Section 610(c) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(c)) is amended--
(1) in paragraph (2) by inserting ``the public and'' after ``comment
by'';
(2) in paragraph (4)--
(A) in subparagraph (A) by striking ``and'' after the
semicolon;
(B) in subparagraph (B) by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) ensure that any such fish or fish products authorized
for entry under this section are imported consistent with the
reporting and the recordkeeping requirements of the Seafood
Import Monitoring Program established in subpart Q of part 300
of title 50, Code of Federal Regulations (or any successor
regulation).''; and
(3) in paragraph (5) by striking ``(except to the extent that such
provisions apply to sport fishing equipment or fish or fish products not
caught by the vessels engaged in illegal, unreported, or unregulated
fishing)''.
(d) Definition of Protected Living Marine Resource.--Section 610(e) of the
High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(e)) is
amended by striking paragraph (1) and inserting the following:
``(1) except as provided in paragraph (2), means nontarget fish, sea
turtles, or marine mammals that are protected under United States law or
international agreement, including--
``(A) the Marine Mammal Protection Act of 1972 (16 U.S.C.
1361 et seq.);
``(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
``(C) the Shark Finning Prohibition Act (16 U.S.C. 1822
note); and
``(D) the Convention on International Trade in Endangered
Species of Wild Fauna and Flora, done at Washington March 3,
1973 (27 UST 1087; TIAS 8249); but''.
SEC. 11339. CAPACITY BUILDING IN FOREIGN FISHERIES.
(a) In General.--The Secretary, in consultation with the heads of other
Federal agencies, as appropriate, shall develop and carry out with partner
governments and civil society--
(1) multi-year international environmental cooperation agreements
and projects; and
(2) multi-year capacity-building projects for implementing measures
to address illegal, unreported, or unregulated fishing, fraud, forced
labor, bycatch, and other conservation measures.
(b) Capacity Building.--Section 3543(d) of the Maritime SAFE Act (16 U.S.C.
8013(d)) is amended--
(1) in the matter preceding paragraph (1) by striking ``as
appropriate,''; and
(2) in paragraph (3) by striking ``as appropriate'' and inserting
``for all priority regions identified by the Working Group''.
(c) Reports.--Section 3553 of the Maritime SAFE Act (16 U.S.C. 8033) is
amended--
(1) in paragraph (7) by striking ``and'' after the semicolon;
(2) in paragraph (8) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following:
``(9) the status of work with global enforcement partners.''.
SEC. 11340. TRAINING OF UNITED STATES OBSERVERS.
Section 403(b) of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1881b(b)) is amended--
(1) in paragraph (3) by striking ``and'' after the semicolon;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) ensure that each observer has received training to identify
indicators of forced labor and human trafficking (as such terms are
defined in section 11329 of the Don Young Coast Guard Authorization Act
of 2022) and refer this information to appropriate authorities; and''.
SEC. 11341. REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the Secretary
shall promulgate such regulations as may be necessary to carry out this subtitle
and the amendments made by this subtitle.
TITLE CXIV--SUPPORT FOR COAST GUARD WORKFORCE
Subtitle A--Support for Coast Guard Members and Families
SEC. 11401. COAST GUARD CHILD CARE IMPROVEMENTS.
(a) Family Discount for Child Development Services.--Section 2922(b)(2) of
title 14, United States Code, is amended by adding at the end the following:
``(D) In the case of an active duty member with two or more children
attending a Coast Guard child development center, the Commandant may modify the
fees to be charged for attendance for the second and any subsequent child of
such member by an amount that is 15 percent less than the amount of the fee
otherwise chargeable for the attendance of the first such child enrolled at the
center, or another fee as the Commandant determines appropriate, consistent with
multiple children.''.
(b) Child Development Center Standards and Inspections.--Section 2923(a) of
title 14, United States Code, is amended to read as follows:
``(a) Standards.--The Commandant shall require each Coast Guard child
development center to meet standards of operation--
``(1) that the Commandant considers appropriate to ensure the
health, safety, and welfare of the children and employees at the center;
and
``(2) necessary for accreditation by an appropriate national early
childhood programs accrediting entity.''.
(c) Child Care Subsidy Program.--
(1) Authorization.--
(A) In general.--Subchapter II of chapter 29 of title 14,
United States Code, is amended by adding at the end the
following:
``Sec. 2927. Child care subsidy program
``(a) In General.--
``(1) Authority.--The Commandant may operate a child care subsidy
program to provide financial assistance to eligible providers that
provide child care services or youth program services to members of the
Coast Guard, members of the Coast Guard with dependents who are
participating in the child care subsidy program, and any other
individual the Commandant considers appropriate, if--
``(A) providing such financial assistance--
``(i) is in the best interests of the Coast Guard;
and
``(ii) enables supplementation or expansion of the
provision of Coast Guard child care services, while not
supplanting or replacing Coast Guard child care
services; and
``(B) the Commandant ensures, to the extent practicable,
that the eligible provider is able to comply, and does comply,
with the regulations, policies, and standards applicable to
Coast Guard child care services.
``(2) Eligible providers.--A provider of child care services or
youth program services is eligible for financial assistance under this
section if the provider--
``(A) is licensed to provide such services under applicable
State and local law or meets all applicable State and local
health and safety requirements if licensure is not required;
``(B) is either--
``(i) is a family home daycare; or
``(ii) is a provider of family child care services
that--
``(I) otherwise provides federally funded or
federally sponsored child development services;
``(II) provides such services in a child
development center owned and operated by a
private, not-for-profit organization;
``(III) provides a before-school or after-
school child care program in a public school
facility;
``(IV) conducts an otherwise federally
funded or federally sponsored school-age child
care or youth services program; or
``(V) conducts a school-age child care or
youth services program operated by a not-for-
profit organization; or
``(C) is a provider of another category of child care
services or youth program services the Commandant considers
appropriate for meeting the needs of members or civilian
employees of the Coast Guard.
``(3) Financial assistance for in-home child care.--
``(A) In general.--The Commandant may provide financial
assistance to members of the Coast Guard who pay for services
provided by in-home child care providers.
``(B) Requirements.--In carrying out such program, the
Commandant shall establish a policy and procedures to--
``(i) support the needs of families who request
services provided by in-home childcare providers;
``(ii) provide the appropriate amount of financial
assistance to provide to families described in
paragraph, that is at minimum consistent with the
program authorized in subsection (a)(1); and
``(iii) ensure the appropriate qualifications for
such in-home child care provider, which shall at
minimum--
``(I) take into consideration qualifications
for available in-home child care providers in
the private sector; and
``(II) ensure that the qualifications the
Commandant determines appropriate under this
paragraph are comparable to the qualifications
for a provider of child care services in a Coast
Guard child development center or family home
day care.
``(b) Direct Payment.--
``(1) In general.--In carrying out a child care subsidy program
under subsection (a)(1), subject to paragraph (3), the Commandant shall
provide financial assistance under the program to an eligible member or
individual the Commandant considers appropriate by direct payment to
such eligible member or individual through monthly pay, direct deposit,
or other direct form of payment.
``(2) Policy.--Not later than 180 days after the date of the
enactment of this section, the Commandant shall establish a policy to
provide direct payment as described in paragraph (1).
``(3) Eligible provider funding continuation.--With the approval of
an eligible member or an individual the Commandant considers
appropriate, which shall include the written consent of such member or
individual, the Commandant may continue to provide financial assistance
under the child care subsidy program directly to an eligible provider on
behalf of such member or individual.
``(4) Rule of construction.--Nothing in this subsection may be
construed to affect any preexisting reimbursement arrangement between
the Coast Guard and a qualified provider.''.
(B) Clerical amendment.--The analysis for chapter 29 of
title 14, United States Code, is amended by inserting after the
item relating to section 2926 the following:
``2927. Child care subsidy program.''.
(2) Expansion of child care subsidy program.--
(A) In general.--The Commandant shall--
(i) evaluate potential eligible uses for the child
care subsidy program established under section 2927 of
title 14, United States Code (referred to in this
paragraph as the ``program'');
(ii) expand the eligible uses of funds for the
program to accommodate the child care needs of members
of the Coast Guard (including such members with
nonstandard work hours and surge or other deployment
cycles), including in-home care as described in section
2927(a)(3) of title 14, United States Code, and
including by providing funds directly to such members
instead of care providers; and
(iii) streamline enrollment policies, practices,
paperwork, and requirements for eligible child care
providers to reduce barriers for members to enroll in
such providers.
(B) Considerations.--In evaluating potential eligible uses
under subparagraph (A), the Commandant shall consider in-home
child care services, care services such as supplemental care for
children with disabilities, and any other child care delivery
method the Commandant considers appropriate.
(C) Requirements.--In establishing expanded eligible uses of
funds for the program, the Commandant shall ensure that such
uses--
(i) are in the best interests of the Coast Guard;
(ii) provide flexibility for members of the Coast
Guard, including such members and employees with
nonstandard work hours; and
(iii) ensure a safe environment for dependents of
such members and employees.
(D) Publication.--Not later than 18 months after the date of
the enactment of this Act, the Commandant shall publish an
updated Commandant Instruction Manual (referred to in this
paragraph as the ``manual'') that describes the expanded
eligible uses of the program.
(E) Report.--
(i) In general.--Not later than 18 months after the
date of the enactment of this Act, the Commandant shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report outlining the expansion of the
program.
(ii) Elements.--The report required by clause (i)
shall include the following:
(I) An analysis of the considerations
described in subparagraph (B).
(II) A description of the analysis used to
identify eligible uses that were evaluated and
incorporated into the manual under subparagraph
(D).
(III) A full analysis and justification with
respect to the forms of care that were
ultimately not included in the manual.
(IV) Any recommendation with respect to
funding or additional authorities necessary,
including proposals for legislative change, to
meet the current and anticipated future child
care subsidy demands of the Coast Guard.
(V) A description of the steps taken to
streamline enrollment policies, practices, and
requirements for eligible child care providers
in accordance with paragraph (2)(A)(iii).
SEC. 11402. ARMED FORCES ACCESS TO COAST GUARD CHILD DEVELOPMENT SERVICES.
Section 2922(a) of title 14, United States Code, is amended to read as
follows:
``(a)(1) The Commandant may make child development services available, in
such priority as the Commandant considers to be appropriate and consistent with
readiness and resources and in the best interests of dependents of members and
civilian employees of the Coast Guard, for--
``(A) members and civilian employees of the Coast Guard;
``(B) surviving dependents of service members who have died on
active duty, if such dependents were beneficiaries of a Coast Guard
child development service at the time of the death of such members;
``(C) members of the armed forces (as defined in section 101(a) of
title 10); and
``(D) Federal civilian employees.
``(2) Child development service benefits provided under the authority of
this section shall be in addition to benefits provided under other laws.''.
SEC. 11403. CADET PREGNANCY POLICY IMPROVEMENTS.
(a) Regulations Required.--Not later than 18 months after the date of
enactment of this Act, the Secretary, in consultation with the Secretary of
Defense, shall prescribe regulations for the Coast Guard Academy consistent with
regulations required to be promulgated by section 559(a) of the National Defense
Authorization Act of 2022 (Public Law 117-81).
(b) Briefing.--Not later than 180 days after the date of the enactment of
this Act, the Secretary shall provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a briefing on the development of
the regulations required by subsection (a).
SEC. 11404. COMBAT-RELATED SPECIAL COMPENSATION.
(a) Report and Briefing.--Not later than 90 days after the date of enactment
of this Act, and every 180 days thereafter until the date that is 5 years after
the date on which the initial report is submitted under this subsection, the
Commandant shall submit a report and provide an in-person briefing to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of Representatives
on the implementation of section 221 of the Coast Guard Authorization Act of
2016 (Public Law 114-120; 10 U.S.C. 1413a note).
(b) Elements.--Each report and briefing required by subsection (a) shall
include the following:
(1) A description of methods to educate members and retirees on the
combat-related special compensation program.
(2) Statistics regarding enrollment in such program for members of
the Coast Guard and Coast Guard retirees.
(3) A summary of each of the following:
(A) Activities carried out relating to the education of
members of the Coast Guard participating in the Transition
Assistance Program with respect to the combat-related special
compensation program.
(B) Activities carried out relating to the education of
members of the Coast Guard who are engaged in missions in which
they are susceptible to injuries that may result in
qualification for combat-related special compensation, including
flight school, the National Motor Lifeboat School, deployable
special forces, and other training programs as the Commandant
considers appropriate.
(C) Activities carried out relating to training physicians
and physician assistants employed by the Coast Guard, or
otherwise stationed in Coast Guard clinics, sickbays, or other
locations at which medical care is provided to members of the
Coast Guard, for the purpose of ensuring, during medical
examinations, appropriate counseling and documentation of
symptoms, injuries, and the associated incident that resulted in
such injuries.
(D) Activities relating to the notification of heath service
officers with respect to the combat-related special compensation
program.
(4) The written guidance provided to members of the Coast Guard
regarding necessary recordkeeping to ensure eligibility for benefits
under such program.
(5) Any other matter relating to combat-related special compensation
the Commandant considers appropriate.
(c) Disability Due to Chemical or Hazardous Material Exposure.--Section
221(a) of the Coast Guard Authorization Act of 2016 (Public Law 114-120; 10
U.S.C. 1413a note) is amended--
(1) in paragraph (1) by striking ``department is'' and inserting
``department in''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``and hazardous'' and inserting
``hazardous''; and
(ii) by inserting ``, or a duty in which chemical or
other hazardous material exposure has occurred (such as
during marine inspections or pollution response
activities)'' after ``surfman)''; and
(B) in subparagraph (B)--
(i) by striking``paragraph (1) or paragraph (2)
of''; and
(ii) by striking ``, including--'' and all that
follows through ``search and rescue; or'' and inserting
``; or''.
SEC. 11405. STUDY ON FOOD SECURITY.
(a) Study.--
(1) In general.--The Commandant shall conduct a study on food
insecurity among members of the Coast Guard.
(2) Elements.--The study required under paragraph (1) shall include
the following:
(A) An analysis of the impact of food deserts on members of
the Coast Guard and their dependents who live in areas with high
costs of living, including areas with high-density populations
and rural areas.
(B) A comparison of--
(i) the current method used by the Commandant to
determine which areas are considered to be high cost-of-
living areas;
(ii) local-level indicators used by the Bureau of
Labor Statistics to determine a cost of living that
indicates buying power and consumer spending in specific
geographic areas; and
(iii) indicators of the cost of living used by the
Department of Agriculture in market basket analyses and
other measures of the local or regional cost of food.
(C) An assessment of the accuracy of the method and
indicators described in subparagraph (B) in quantifying high
cost of living in low-data and remote areas.
(D) An assessment of the manner in which data accuracy and
availability affect the accuracy of cost-of-living allowance
calculations and other benefits, as the Commandant considers
appropriate.
(E) Recommendations--
(i) to improve access to high-quality, affordable
food within a reasonable distance of Coast Guard units
located in areas identified as food deserts;
(ii) to reduce transit costs for members of the
Coast Guard and their dependents who are required to
travel to access high-quality, affordable food; and
(iii) for improving the accuracy of the calculations
referred to in subparagraph (D).
(F) The estimated costs of implementing each recommendation
made under subparagraph (E).
(b) Plan.--
(1) In general.--The Commandant shall develop a detailed plan to
implement the recommendations of the study conducted under subsection
(a).
(2) Report.--Not later than 1 year after date of the enactment of
this Act, the Commandant shall provide to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
briefing on the plan required under paragraph (1), including the cost of
implementation, proposals for legislative change, and any other result
of the study the Commandant considers appropriate.
(c) Food Desert Defined.--In this section, the term ``food desert'' means an
area, as determined by the Commandant, in which it is difficult, even with a
vehicle or an otherwise-available mode of transportation, to obtain affordable,
high-quality fresh food in the immediate area in which members of the Coast
Guard serve and reside.
Subtitle B--Healthcare
SEC. 11406. DEVELOPMENT OF MEDICAL STAFFING STANDARDS FOR COAST GUARD.
(a) In General.--Not later than 180 days after the date of enactment of this
Act, the Commandant, in consultation with the Defense Health Agency and any
healthcare expert the Commandant considers appropriate, shall develop medical
staffing standards for the Coast Guard that are consistent with the
recommendations of the Comptroller General of the United States set forth in the
report titled ``Coast Guard Health Care: Improvements Needed for Determining
Staffing Needs and Monitoring Access to Care'' and published in February 2022.
(b) Inclusions.--In developing the standards under subsection (a), the
Commandant shall address and take into consideration the following:
(1) Current and future operations of healthcare personnel in support
of Department of Homeland Security missions, including surge deployments
for incident response.
(2) Staffing standards for specialized providers, including flight
surgeons, dentists, behavioral health specialists, and physical
therapists.
(3) Staffing levels of medical, dental, and behavioral health
providers for the Coast Guard who are--
(A) members of the Coast Guard;
(B) assigned to the Coast Guard from the Public Health
Service;
(C) Federal civilian employees; or
(D) contractors hired by the Coast Guard to fill vacancies.
(4) Staffing levels at medical facilities for Coast Guard units in
remote locations.
(5) Any discrepancy between medical staffing standards of the
Department of Defense and medical staffing standards of the Coast Guard.
(c) Review by Comptroller General.--Not later than 90 days after the
Commandant completes the staffing standards required by subsection (a), the
Commandant shall submit the standards to the Comptroller General, who shall
review the standards and provide recommendations to the Commandant.
(d) Report to Congress.--Not later than 180 days after developing the
standards developed under subsection (a), the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of Representatives a
report on the standards developed under subsection (a) and the recommendations
provided under subsection (c) that includes a plan and a description of the
resources and budgetary needs required to implement the standards.
(e) Modification, Implementation, and Periodic Updates.--The Commandant
shall--
(1) modify such standards, as necessary, based on the
recommendations under subsection (c);
(2) implement the standards; and
(3) review and update the standards not less frequently than every 4
years.
SEC. 11407. HEALTHCARE SYSTEM REVIEW AND STRATEGIC PLAN.
(a) In General.--Not later than 270 days after the completion of the studies
conducted by the Comptroller General of the United States under sections 8259
and 8260 of the William M. (Mac) Thornberry National Defense Authorization Act
of Fiscal Year 2021 (Public Law 116-283; 134 Stat. 4679), the Commandant shall--
(1) conduct a comprehensive review of the Coast Guard healthcare
system; and
(2) develop a strategic plan for improvements to, and the
modernization of, such system to ensure access to high-quality, timely
healthcare for members of the Coast Guard, their dependents, and
applicable Coast Guard retirees.
(b) Plan.--
(1) In general.--The strategic plan developed under subsection (a)
shall seek to--
(A) maximize the medical readiness of members of the Coast
Guard;
(B) optimize delivery of healthcare benefits;
(C) ensure high-quality training of Coast Guard medical
personnel; and
(D) prepare for the future needs of the Coast Guard.
(2) Elements.--The plan shall address, at a minimum, the following:
(A) Improving access to healthcare for members of the Coast
Guard, their dependents, and applicable Coast Guard retirees.
(B) Quality of healthcare.
(C) The experience and satisfaction of members of the Coast
Guard and their dependents with the Coast Guard healthcare
system.
(D) The readiness of members of the Coast Guard and Coast
Guard medical personnel.
(c) Review Committee.--
(1) Establishment.--The Commandant shall establish a review
committee to conduct a comprehensive analysis of the Coast Guard
healthcare system (referred to in this section as the ``Review
Committee'').
(2) Membership.--The Review Committee shall be composed of members
selected by the Commandant, including--
(A) 1 or more members of the uniformed services (as defined
in section 101 of title 10, United States Code) or Federal
employees, either of which have expertise in--
(i) the medical, dental, pharmacy, or behavioral
health fields; or
(ii) any other field the Commandant considers
appropriate;
(B) 1 representative of the Defense Health Agency; and
(C) 1 medical representative from each Coast Guard district.
(3) Chairperson.--The chairperson of the Review Committee shall be
the Director of the Health, Safety, and Work Life Directorate of the
Coast Guard.
(4) Staff.--The Review Committee shall be staffed by employees of
the Coast Guard.
(5) Report to commandant.--Not later than 1 year after the Review
Committee is established, the Review Committee shall submit to the
Commandant a report that--
(A) assesses, taking into consideration the medical staffing
standards developed under section 11406, the recommended medical
staffing standards set forth in the Comptroller General study
required by section 8260 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283; 134 Stat. 4679), and compares such standards to the
medical staffing standards of the Department of Defense and the
private sector;
(B) addresses improvements needed to ensure continuity of
care for members of the Coast Guard, including by evaluating the
feasibility of having a dedicated primary care manager for each
such member while the member is stationed at a duty station;
(C) evaluates the effects of increased surge deployments of
medical personnel on staffing needs at Coast Guard clinics;
(D) identifies ways to improve access to care for members of
the Coast Guard and their dependents who are stationed in remote
areas, including methods to expand access to providers in the
available network;
(E) identifies ways the Coast Guard may better use
Department of Defense Military Health System resources for
members of the Coast Guard, their dependents, and applicable
Coast Guard retirees;
(F) identifies barriers to participation in the Coast Guard
healthcare system and ways the Coast Guard may better use
patient feedback to improve quality of care at Coast Guard-owned
facilities, military treatment facilities, and specialist
referrals;
(G) includes recommendations to improve the Coast Guard
healthcare system; and
(H) any other matter the Commandant or the Review Committee
considers appropriate.
(6) Termination.--The Review Committee shall terminate on the date
that is 1 year after the date on which the Review Committee submits the
report required under paragraph (5).
(7) Inapplicability of federal advisory committee act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Review
Committee.
(d) Report to Congress.--Not later than 2 years after the date of enactment
of this Act, the Commandant shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives--
(1) the strategic plan for the Coast Guard medical system required
under subsection (a);
(2) the report of the Review Committee submitted to the Commandant
under subsection (c)(5); and
(3) a description of the manner in which the Commandant plans to
implement the recommendations of the Review Committee.
SEC. 11408. DATA COLLECTION AND ACCESS TO CARE.
(a) In General.--Not later than 180 days after the date of enactment of this
Act, the Commandant, in consultation with the Defense Health Agency and any
healthcare expert the Commandant considers appropriate, shall develop, and make
publicly available, a policy to require the collection of data regarding access
by members of the Coast Guard and their dependents to medical, dental, and
behavioral healthcare as recommended by the Comptroller General of the United
States in the report entitled ``Coast Guard Health Care: Improvements Needed for
Determining Staffing Needs and Monitoring Access to Care'', published in
February 2022.
(b) Elements.--The policy required by subsection (a) shall address the
following:
(1) Methods to collect data on access to care for--
(A) routine annual physical health assessments;
(B) flight physicals for aviators or prospective aviators;
(C) sick call;
(D) injuries;
(E) dental health; and
(F) behavioral health conditions.
(2) Collection of data on access to care for referrals.
(3) Collection of data on access to care for members of the Coast
Guard stationed at remote units, aboard Coast Guard cutters, and on
deployments.
(4) Use of the electronic health record system to improve data
collection on access to care.
(5) Use of data for addressing the standards of care, including time
between requests for appointments and actual appointments, including
appointments made with referral services.
(c) Publication and Report to Congress.--Not later than 90 days after the
policy under subsection (a) is completed, or any subsequent updates to such
policy, the Commandant shall--
(1) publish the policy on a publicly accessible internet website of
the Coast Guard; and
(2) submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on the policy and the manner in
which the Commandant plans to address access-to-care deficiencies.
(d) Periodic Updates.--Not less frequently than every 5 years, the
Commandant shall review and update the policy required under subsection (a).
SEC. 11409. BEHAVIORAL HEALTH POLICY.
(a) Interim Behavioral Health Policy.--
(1) In general.--Not later than 180 days after the date of enactment
of this Act, the Commandant shall establish an interim behavioral health
policy for members of the Coast Guard that is in parity with section
5.28 (relating to behavioral health) of Department of Defense
Instruction 6130.03, volume 2, ``Medical Standards for Military Service:
Retention''.
(2) Termination.--The interim policy established under paragraph (1)
shall remain in effect until the date on which the Commandant issues a
permanent behavioral health policy for members of the Coast Guard.
(b) Permanent Policy.--In developing a permanent policy with respect to
retention and behavioral health, the Commandant shall ensure that, to the extent
practicable, the policy of the Coast Guard is in parity with section 5.28
(relating to behavioral health) of Department of Defense Instruction 6130.03,
volume 2, ``Medical Standards for Military Service: Retention''.
SEC. 11410. MEMBERS ASSERTING POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN
INJURY.
(a) In General.--Subchapter I of chapter 25 of title 14, United States Code,
is further amended by adding at the end the following:
``Sec. 2516. Members asserting post-traumatic stress disorder or traumatic brain
injury
``(a) Medical Examination Required.--
``(1) In general.--The Secretary shall ensure that a member of the
Coast Guard who has performed Coast Guard operations or has been
sexually assaulted during the preceding 2-year period, and who is
diagnosed by an appropriate licensed or certified healthcare
professional as experiencing post-traumatic stress disorder or traumatic
brain injury or who otherwise alleges, based on the service of the
member or based on such sexual assault, the influence of such a
condition, receives a medical examination to evaluate a diagnosis of
post-traumatic stress disorder or traumatic brain injury.
``(2) Restriction on administrative separation.--A member described
in paragraph (1) shall not be administratively separated under
conditions other than honorable, including an administrative separation
in lieu of a court-martial, until the results of the medical examination
have been reviewed by appropriate authorities responsible for
evaluating, reviewing, and approving the separation case, as determined
by the Secretary.
``(3) Post-traumatic stress disorder.--In a case involving post-
traumatic stress disorder under this subsection, a medical examination
shall be--
``(A) performed by--
``(i) a board-certified or board-eligible
psychiatrist; or
``(ii) a licensed doctorate-level psychologist; or
``(B) performed under the close supervision of--
``(i) a board-certified or board-eligible
psychiatrist; or
``(ii) a licensed doctorate-level psychologist, a
doctorate-level mental health provider, a psychiatry
resident, or a clinical or counseling psychologist who
has completed a 1-year internship or residency.
``(4) Traumatic brain injury.--In a case involving traumatic brain
injury under this subsection, a medical examination shall be performed
by a physiatrist, psychiatrist, neurosurgeon, or neurologist.
``(b) Purpose of Medical Examination.--The medical examination required
under subsection (a) shall assess whether the effects of mental or
neurocognitive disorders, including post-traumatic stress disorder and traumatic
brain injury, constitute matters in extenuation that relate to the basis for
administrative separation under conditions other than honorable or the overall
characterization of the service of the member as other than honorable.
``(c) Inapplicability to Proceedings Under Uniform Code of Military
Justice.--The medical examination and procedures required by this section do not
apply to courts-martial or other proceedings conducted pursuant to the Uniform
Code of Military Justice.
``(d) Coast Guard Operations Defined.--In this section, the term `Coast
Guard operations' has the meaning given that term in section 888(a) of the
Homeland Security Act of 2002 (6 U.S.C. 468(a)).''.
(b) Clerical Amendment.--The analysis for chapter 25 of title 14, United
States Code, is amended by inserting after the item relating to section 2515 (as
added by this Act) the following:
``2516. Members asserting post-traumatic stress disorder or traumatic
brain injury.''.
SEC. 11411. IMPROVEMENTS TO PHYSICAL DISABILITY EVALUATION SYSTEM AND TRANSITION
PROGRAM.
(a) Temporary Policy.--Not later than 60 days after the date of enactment of
this Act, the Commandant shall develop a temporary policy that--
(1) improves timeliness, communication, and outcomes for members of
the Coast Guard undergoing the Physical Disability Evaluation System, or
a related formal or informal process;
(2) affords maximum career transition benefits to members of the
Coast Guard determined by a Medical Evaluation Board to be unfit for
retention in the Coast Guard; and
(3) maximizes the potential separation and career transition
benefits for members of the Coast Guard undergoing the Physical
Disability Evaluation System, or a related formal or informal process.
(b) Elements.--The policy required under subsection (a) shall include the
following:
(1) A requirement that any member of the Coast Guard who is
undergoing the Physical Disability Evaluation System, or a related
formal or informal process, shall be placed in a duty status that allows
the member the opportunity to attend necessary medical appointments and
other activities relating to the Physical Disability Evaluation System,
including completion of any application of the Department of Veterans
Affairs and career transition planning.
(2) In the case of a Medical Evaluation Board report that is not
completed not later than 120 days after the date on which an evaluation
by the Medical Evaluation Board was initiated, the option for such a
member to enter permissive duty status.
(3) A requirement that the date of initiation of an evaluation by a
Medical Evaluation Board shall include the date on which any verbal or
written affirmation is made to the member, command, or medical staff
that the evaluation by the Medical Evaluation Board has been initiated.
(4) An option for such member to seek an internship under the
SkillBridge program established under section 1143(e) of title 10,
United States Code, and outside employment aimed at improving the
transition of the member to civilian life, only if such an internship or
employment does not interfere with necessary medical appointments
required for the member's physical disability evaluation.
(5) A requirement that not less than 21 days notice shall be
provided to such a member for any such medical appointment, to the
maximum extent practicable, to ensure that the appointment timeline is
in the best interests of the immediate health of the member.
(6) A requirement that the Coast Guard shall provide such a member
with a written separation date upon the completion of a Medical
Evaluation Board report that finds the member unfit to continue active
duty.
(7) To provide certainty to such a member with respect to a
separation date, a policy that ensures--
(A) that accountability measures are in place with respect
to Coast Guard delays throughout the Physical Disability
Evaluation System, including--
(i) placement of the member in an excess leave
status after 270 days have elapsed since the date of
initiation of an evaluation by a Medical Evaluation
Board by any competent authority; and
(ii) a calculation of the costs to retain the member
on active duty, including the pay, allowances, and other
associated benefits of the member, for the period
beginning on the date that is 90 days after the date of
initiation of an evaluation by a Medical Evaluation
Board by any competent authority and ending on the date
on which the member is separated from the Coast Guard;
and
(B) the availability of administrative solutions to any such
delay.
(8) With respect to a member of the Coast Guard on temporary limited
duty status, an option to remain in the member's current billet, to the
maximum extent practicable, or to be transferred to a different active-
duty billet, so as to minimize any negative impact on the member's
career trajectory.
(9) A requirement that each respective command shall report to the
Coast Guard Personnel Service Center any delay of more than 21 days
between each stage of the Physical Disability Evaluation System for any
such member, including between stages of the processes, the Medical
Evaluation Board, the Informal Physical Evaluation Board, and the Formal
Physical Evaluation Board.
(10) A requirement that, not later than 7 days after receipt of a
report of a delay described in paragraph (9), the Personnel Service
Center shall take corrective action, which shall ensure that the Coast
Guard exercises maximum discretion to continue the Physical Disability
Evaluation System of such a member in a timely manner, unless such delay
is caused by the member.
(11) A requirement that--
(A) a member of the Coast Guard shall be allowed to make a
request for a reasonable delay in the Physical Disability
Evaluation System to obtain additional input and consultation
from a medical or legal professional; and
(B) any such request for delay shall be approved by the
Commandant based on a showing of good cause by the member.
(c) Report on Temporary Policy.--Not later than 60 days after the date of
enactment of this Act, the Commandant shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a copy of the policy
developed under subsection (a).
(d) Permanent Policy.--Not later than 180 days after the date of enactment
of this Act, the Commandant shall publish a Commandant Instruction making the
policy developed under subsection (a) a permanent policy of the Coast Guard.
(e) Briefing.--Not later than 1 year after the date of enactment of this
Act, the Commandant shall provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a briefing on, and a copy of, the
permanent policy.
(f) Annual Report on Costs.--
(1) In general.--Not less frequently than annually, the Commandant
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report that, for the preceding fiscal
year--
(A) details the total aggregate service-wide costs described
in subsection (b)(7)(A)(ii) for members of the Coast Guard whose
Physical Disability Evaluation System process has exceeded 90
days; and
(B) includes for each such member--
(i) an accounting of such costs; and
(ii) the number of days that elapsed between the
initiation and completion of the Physical Disability
Evaluation System process.
(2) Personally identifiable information.--A report under paragraph
(1) shall not include the personally identifiable information of any
member of the Coast Guard.
SEC. 11412. EXPANSION OF ACCESS TO COUNSELING.
(a) In General.--Not later than 180 days after the date of enactment of this
Act, the Commandant shall hire, train, and deploy not fewer than an additional 5
behavioral health specialists.
(b) Requirement.--Through the hiring process required under subsection (a),
the Commandant shall ensure that at least 35 percent of behavioral health
specialists employed by the Coast Guard have experience in behavioral healthcare
for the purpose of supporting members of the Coast Guard with needs for
perinatal mental health care and counseling service for miscarriage, child loss,
and postpartum depression.
(c) Accessibility.--The support provided by the behavioral health
specialists described in subsection (a)--
(1) may include care delivered via telemedicine; and
(2) shall be made widely available to members of the Coast Guard.
SEC. 11413. EXPANSION OF POSTGRADUATE OPPORTUNITIES FOR MEMBERS OF COAST GUARD
IN MEDICAL AND RELATED FIELDS.
(a) In General.--The Commandant shall expand opportunities for members of
the Coast Guard to secure postgraduate degrees in medical and related
professional disciplines for the purpose of supporting Coast Guard clinics and
operations.
(b) Application of Law.--Individuals who receive assistance pursuant to
subsection (a) shall be subject to the service obligations required under
section 2114 of title 10, United States Code.
(c) Military Training Student Loads.--Section 4904(b)(3) of title 14, United
States Code, is amended by striking ``350'' and inserting ``385''.
SEC. 11414. STUDY ON COAST GUARD MEDICAL FACILITIES NEEDS.
(a) In General.--Not later than 270 days after the date of enactment of this
Act, the Comptroller General of the United States shall commence a study on
Coast Guard medical facilities needs.
(b) Elements.--The study required by subsection (a) shall include the
following:
(1) A list of Coast Guard medical facilities, including clinics,
sickbays, and shipboard facilities.
(2) A summary of capital needs for Coast Guard medical facilities,
including construction and repair.
(3) A summary of equipment upgrade backlogs of Coast Guard medical
facilities.
(4) An assessment of improvements to Coast Guard medical facilities,
including improvements to information technology infrastructure,
required to enable the Coast Guard to fully use telemedicine and
implement other modernization initiatives.
(5) An evaluation of the process used by the Coast Guard to
identify, monitor, and construct Coast Guard medical facilities.
(6) A description of the resources necessary to fully address all
Coast Guard medical facilities needs.
(c) Report.--Not later than 1 year after commencing the study required by
subsection (a), the Comptroller General shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report on
the findings of the study.
SEC. 11415. STUDY ON COAST GUARD TELEMEDICINE PROGRAM.
(a) In General.--Not later than 180 days after the date of enactment of this
Act, the Comptroller General of the United States shall commence a study on the
Coast Guard telemedicine program.
(b) Elements.--The study required under subsection (a) shall include the
following:
(1) An assessment of--
(A) the current capabilities and limitations of the Coast
Guard telemedicine program;
(B) the degree of integration of such program with existing
electronic health records;
(C) the capability and accessibility of such program, as
compared to the capability and accessibility of the telemedicine
programs of the Department of Defense and commercial medical
providers;
(D) the manner in which the Coast Guard telemedicine program
may be expanded to provide better clinical and behavioral
medical services to members of the Coast Guard, including such
members stationed at remote units or onboard Coast Guard cutters
at sea; and
(E) the costs savings associated with the provision of--
(i) care through telemedicine; and
(ii) preventative care.
(2) An identification of barriers to full use or expansion of such
program.
(3) A description of the resources necessary to expand such program
to its full capability.
(c) Report.--Not later than 1 year after commencing the study required by
subsection (a), the Comptroller General shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report on
the findings of the study.
Subtitle C--Housing
SEC. 11416. STUDY ON COAST GUARD HOUSING ACCESS, COST, AND CHALLENGES.
(a) In General.--Not later than 90 days after the date of enactment of this
Act, the Comptroller General of the United States shall commence a study on
housing access, cost, and associated challenges facing members of the Coast
Guard.
(b) Elements.--The study required under subsection (a) shall include the
following:
(1) An assessment of--
(A) the extent to which--
(i) the Commandant has evaluated the sufficiency,
availability, and affordability of housing options for
members of the Coast Guard and their dependents; and
(ii) the Coast Guard owns and leases housing for
members of the Coast Guard and their dependents;
(B) the methods used by the Commandant to manage housing
data, and the manner in which the Commandant uses such data--
(i) to inform Coast Guard housing policy; and
(ii) to guide investments in Coast Guard-owned
housing capacity and other investments in housing, such
as long-term leases and other housing options; and
(C) the process used by the Commandant to gather and provide
information used to calculate housing allowances for members of
the Coast Guard and their dependents, including whether the
Commandant has established best practices to manage low-data
areas.
(2) An assessment as to whether the Department of Defense basic
allowance for housing is sufficient for members of the Coast Guard.
(3) Recommendations for actions the Commandant should take to
improve the availability and affordability of housing for members of the
Coast Guard and their dependents who are stationed in--
(A) remote units located in areas in which members of the
Coast Guard and their dependents are eligible for TRICARE Prime
Remote; or
(B) units located in areas with a high number of vacation
rental properties.
(c) Report.--Not later than 1 year after commencing the study required under
subsection (a), the Comptroller General shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report on
the findings of the study.
(d) Strategy.--Not later than 180 days after the submission of the report
required under subsection (c), the Commandant shall publish a Coast Guard
housing strategy that addresses the findings set forth in the report. Such
strategy shall, at a minimum--
(1) address housing inventory shortages and affordability; and
(2) include a Coast Guard-owned housing infrastructure investment
prioritization plan.
SEC. 11417. AUDIT OF CERTAIN MILITARY HOUSING CONDITIONS OF ENLISTED MEMBERS OF
COAST GUARD IN KEY WEST, FLORIDA.
(a) In General.--Not later than 30 days after the date of enactment of this
Act, the Commandant, in coordination with the Secretary of the Navy, shall
commence an audit to assess--
(1) the conditions of housing units of enlisted members of the Coast
Guard located at Naval Air Station Key West Sigsbee Park Annex;
(2) the percentage of such units that are considered unsafe or
unhealthy housing units for enlisted members of the Coast Guard and
their families;
(3) the process used by enlisted members of the Coast Guard and
their families to report housing concerns;
(4) the extent to which enlisted members of the Coast Guard and
their families experience unsafe or unhealthy housing units, relocate,
receive a per diem, or expend similar expenses as a direct result of
displacement that are not covered by a landlord, insurance, or claims
process;
(5) the feasibility of providing reimbursement for uncovered
expenses described in paragraph (4); and
(6) what resources are needed to provide appropriate and safe
housing for enlisted members of the Coast Guard and their families in
Key West, Florida.
(b) Report.--Not later than 120 days after the date of enactment of this
section , the Commandant shall submit to the appropriate committees of Congress
a report on the results of the audit.
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation
and the Committee on Homeland Security and Governmental Affairs
of the Senate; and
(B) the Committee on Transportation and Infrastructure and
the Committee on Homeland Security of the House of
Representatives.
(2) Unsafe or unhealthy housing unit.--The term ``unsafe or
unhealthy housing unit'' means a unit of housing unit in which is
present, at levels exceeding relevant governmental health or housing
standards or guidelines, at least 1 of the following hazards:
(A) Physiological hazards, including the following:
(i) Dampness or microbial growth.
(ii) Lead-based paint.
(iii) Asbestos or manmade fibers.
(iv) Ionizing radiation.
(v) Biocides.
(vi) Carbon monoxide.
(vii) Volatile organic compounds.
(viii) Infectious agents.
(ix) Fine particulate matter.
(B) Psychological hazards, including the following:
(i) Ease of access by unlawful intruders.
(ii) Lighting issues.
(iii) Poor ventilation.
(iv) Safety hazards.
(v) Other hazards similar to the hazards specified
in clauses (i) through (iv).
SEC. 11418. STUDY ON COAST GUARD HOUSING AUTHORITIES AND PRIVATIZED HOUSING.
(a) Study.--
(1) In general.--Not later than 180 days after the date of enactment
of this Act, the Comptroller General of the United States shall commence
a study that--
(A) evaluates the authorities of the Coast Guard relating to
construction, operation, and maintenance of housing provided to
members of the Coast Guard and their dependents; and
(B) assesses other options to meet Coast Guard housing needs
in rural and urban housing markets, including public-private
partnerships, long-term lease agreements, privately owned
housing, and any other housing option the Comptroller General
identifies.
(2) Elements.--The study required under paragraph (1) shall include
the following:
(A) A review of authorities, regulations, and policies
available to the Secretary with respect to construction,
maintenance, and operation of housing for members of the Coast
Guard and their dependents, including unaccompanied member
housing, that considers--
(i) housing that is owned and managed by the Coast
Guard;
(ii) long-term leasing or extended-rental housing;
(iii) public-private partnerships or other
privatized housing options for which the Secretary may
enter into 1 or more contracts with a private entity to
build, maintain, and manage privatized housing for
members of the Coast Guard and their dependents;
(iv) on-installation and off-installation housing
options, and the availability of, and authorities
relating to, such options; and
(v) housing availability near Coast Guard units,
readiness needs, and safety.
(B) A review of the housing-related authorities,
regulations, and policies available to the Secretary of Defense,
and an identification of the differences between such
authorities afforded to the Secretary of Defense and the
housing-related authorities, regulations, and policies afforded
to the Secretary.
(C) A description of lessons learned, or recommendations
for, the Coast Guard based on the use of private housing by the
Department of Defense, including the recommendations set forth
in the report of the Government Accountability Office titled
``Privatized Military Housing: Update on DOD's Efforts to
Address Oversight Challenges'' (GAO-22-105866), issued in March
2022.
(D) An assessment of the extent to which the Secretary uses
the authorities provided in subchapter IV of chapter 169 of
title 10, United States Code.
(E) An analysis of immediate and long-term costs associated
with housing owned and operated by the Coast Guard, as compared
to opportunities for long-term leases, private housing, and
other public-private partnerships in urban and remote locations.
(b) Report.--Not later than 1 year after the date of enactment of this Act,
the Comptroller General shall submit to the appropriate committees of Congress a
report on the results of the study conducted under subsection (a).
(c) Briefing.--Not later than 180 days after the date on which the report
required under subsection (b) is submitted, the Commandant or the Secretary
shall provide a briefing to the appropriate committees of Congress on--
(1) the actions the Commandant has, or has not, taken with respect
to the results of the study;
(2) a plan for addressing areas identified in the report that
present opportunities for improving the housing options available to
members of the Coast Guard and their dependents; and
(3) the need for, or potential manner of use of, any authorities the
Coast Guard does not have with respect to housing, as compared to the
Department of Defense.
(d) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
SEC. 11419. STRATEGY TO IMPROVE QUALITY OF LIFE AT REMOTE UNITS.
(a) In General.--Not more than 180 days after the date of enactment of this
Act, the Commandant shall develop a strategy to improve the quality of life for
members of the Coast Guard and their dependents who are stationed in remote
units.
(b) Elements.--The strategy developed under subsection (a) shall address the
following:
(1) Methods to improve the availability or affordability of housing
options for such members and their dependents through--
(A) Coast Guard-owned housing; or
(B) Coast Guard-facilitated housing.
(2) A review of whether current methods for determining the amount
of basic housing allowances received by such members of the Coast Guard
accurately reflect the costs of privately owned or privately rented
housing in such areas.
(3) Methods to improve access by such members and their dependents
to--
(A) medical, dental, and pediatric care; and
(B) behavioral health care that is covered under the TRICARE
program (as defined in section 1072 of title 10, United States
Code).
(4) Methods to increase access to child care services in such areas,
including recommendations for increasing child care capacity and
opportunities for care within the Coast Guard and in the private sector.
(5) Methods to improve non-Coast Guard network internet access at
remote units--
(A) to improve communications between members of the Coast
Guard on active duty who are assigned or attached to a remote
unit and the family members of such members who are not located
in the same location as such member; and
(B) for other purposes such as education and training.
(6) Methods to support spouses and other dependents of members
serving in such areas who face challenges specific to remote locations.
(7) Any other matter the Commandant considers appropriate.
(c) Briefing.--Not later than 180 days after the strategy developed under
subsection (a) is completed, the Commandant shall provide to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a briefing on
the strategy.
(d) Remote Unit Defined.--In this section, the term ``remote unit'' means a
unit located in an area in which members of the Coast Guard and their dependents
are eligible for TRICARE Prime Remote.
Subtitle D--Other Matters
SEC. 11420. REPORT ON AVAILABILITY OF EMERGENCY SUPPLIES FOR COAST GUARD
PERSONNEL.
(a) In General.--Not later than 180 days after the date of enactment of this
Act, the Comptroller General of the United States shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report on
the availability of appropriate emergency supplies at Coast Guard units.
(b) Elements.--The report required under subsection (a) shall include the
following:
(1) An assessment of the extent to which--
(A) the Commandant ensures that Coast Guard units assess
risks and plan accordingly to obtain and maintain appropriate
emergency supplies; and
(B) Coast Guard units have emergency food and water supplies
available according to local emergency preparedness needs.
(2) A description of any challenge the Commandant faces in planning
for and maintaining adequate emergency supplies for Coast Guard
personnel.
(c) Publication.--Not later than 90 days after the date of submission of the
report required by subsection (a), the Commandant shall publish a strategy and
recommendations in response to the report that includes--
(1) a plan for improving emergency preparedness and emergency
supplies for Coast Guard units; and
(2) a process for periodic review and engagement with Coast Guard
units to ensure emerging emergency response supply needs are achieved
and maintained.
SEC. 11421. FLEET MIX ANALYSIS AND SHORE INFRASTRUCTURE INVESTMENT PLAN.
(a) Fleet Mix Analysis.--
(1) In general.--The Commandant shall conduct an updated fleet mix
analysis that provides for a fleet mix sufficient, as determined by the
Commandant--
(A) to carry out--
(i) the missions of the Coast Guard; and
(ii) emerging mission requirements; and
(B) to address--
(i) national security threats; and
(ii) the global deployment of the Coast Guard to
counter great power competitors.
(2) Report.--Not later than 1 year after the date of enactment of
this Act, the Commandant shall submit to Congress a report on the
results of the updated fleet mix analysis required under paragraph (1).
(b) Shore Infrastructure Investment Plan.--
(1) In general.--The Commandant shall develop an updated shore
infrastructure investment plan that includes--
(A) the construction of additional facilities to accommodate
the updated fleet mix described in subsection (a)(1);
(B) improvements necessary to ensure that existing
facilities meet requirements and remain operational for the
lifespan of such fleet mix, including necessary improvements to
information technology infrastructure;
(C) a timeline for the construction and improvement of the
facilities described in subparagraphs (A) and (B); and
(D) a cost estimate for construction and life-cycle support
of such facilities, including for necessary personnel.
(2) Report.--Not later than 1 year after the date on which the
report under subsection (a)(2) is submitted, the Commandant shall submit
to Congress a report on the plan required under paragraph (1).
TITLE CXV--MARITIME
Subtitle A--Vessel Safety
SEC. 11501. RESPONSES TO SAFETY RECOMMENDATIONS.
(a) In General.--Chapter 7 of title 14, United States Code, is amended by
adding at the end the following:
``Sec. 721. Responses to safety recommendations
``(a) In General.--Not later than 90 days after the National Transportation
Safety Board submits to the Commandant a recommendation, and supporting
justification for such recommendation, relating to transportation safety, the
Commandant shall submit to the National Transportation Safety Board a written
response to the recommendation, including whether the Commandant--
``(1) concurs with the recommendation;
``(2) partially concurs with the recommendation; or
``(3) does not concur with the recommendation.
``(b) Explanation of Concurrence.--The Commandant shall include in a
response submitted under subsection (a)--
``(1) with respect to a recommendation with which the Commandant
concurs or partially concurs, an explanation of the actions the
Commandant intends to take to implement such recommendation or part of
such recommendation; and
``(2) with respect to a recommendation with which the Commandant
does not concur, the reasons the Commandant does not concur.
``(c) Failure To Respond.--If the National Transportation Safety Board has
not received the written response required under subsection (a) by the end of
the time period described in such subsection, the National Transportation Safety
Board shall notify the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the House of
Representatives that such response has not been received.''.
(b) Clerical Amendment.--The analysis for chapter 7 of title 14, United
States Code, is amended by adding at the end the following:
``721. Responses to safety recommendations.''.
SEC. 11502. REQUIREMENTS FOR DUKW AMPHIBIOUS PASSENGER VESSELS.
(a) Rulemaking Required.--
(1) In general.--Not later than 6 months after the date of enactment
of this Act, the Commandant shall initiate a rulemaking to establish
additional safety standards for DUKW amphibious passenger vessels.
(2) Deadline for regulations.--The regulations issued under
paragraph (1) shall take effect not later than 18 months after the
Commandant promulgates a final rule pursuant to such paragraph.
(b) Requirements.--The regulations required under subsection (a) shall
include the following:
(1) A requirement that operators of DUKW amphibious passenger
vessels provide reserve buoyancy for such vessels through passive means,
including watertight compartmentalization, built-in flotation, or such
other means as determined appropriate by the Commandant, in order to
ensure that such vessels remain afloat and upright in the event of
flooding, including when carrying a full complement of passengers and
crew.
(2) An identification, in consultation with the Under Secretary of
Commerce for Oceans and Atmosphere, of limiting environmental
conditions, such as weather, in which DUKW amphibious passenger vessels
may safely operate and a requirement that such limiting conditions be
described in the certificate of inspection of each DUKW amphibious
passenger vessel.
(3) Requirements that an operator of a DUKW amphibious passenger
vessel--
(A) proceed to the nearest harbor or safe refuge in any case
in which a watch or warning is issued for wind speeds exceeding
the wind speed equivalent used to certify the stability of such
DUKW amphibious passenger vessel; and
(B) maintain and monitor a weather monitor radio receiver at
the operator station of the vessel that is automatically
activated by the warning alarm device of the National Weather
Service.
(4) A requirement that--
(A) operators of DUKW amphibious passenger vessels inform
passengers that seat belts may not be worn during waterborne
operations;
(B) before the commencement of waterborne operations, a crew
member shall visually check that the seatbelt of each passenger
is unbuckled; and
(C) operators or crew maintain a log recording the actions
described in subparagraphs (A) and (B).
(5) A requirement for annual training for operators and crew of DUKW
amphibious passenger vessels, including--
(A) training for personal flotation and seat belt
requirements, verifying the integrity of the vessel at the onset
of each waterborne departure, identification of weather hazards,
and use of National Weather Service resources prior to
operation; and
(B) training for crew to respond to emergency situations,
including flooding, engine compartment fires, man-overboard
situations, and in water emergency egress procedures.
(c) Consideration.--In issuing the regulations required under subsection
(a), the Commandant shall consider whether personal flotation devices should be
required for the duration of the waterborne transit of a DUKW amphibious
passenger vessel.
(d) Waiver.--The Commandant may waive the reserve buoyancy requirements
described in subsection (b)(1) for a DUKW amphibious passenger vessel if the
Commandant certifies in writing, using the best available science, to the
appropriate congressional committees that such requirement is not practicable or
technically or practically achievable for such vessel.
(e) Notice to Passengers.--A DUKW amphibious passenger vessel that receives
a waiver under subsection (d) shall provide a prominently displayed notice on
its website, ticket counter, and each ticket for passengers that the vessel is
exempt from meeting Coast Guard safety compliance standards concerning reserve
buoyancy.
(f) Interim Requirements.--Prior to issuing final regulations pursuant to
subsection (a) and not later than 180 days after the date of enactment of this
Act, the Commandant shall require that operators of DUKW amphibious passenger
vessels implement the following requirements:
(1) Remove the canopies and any window coverings of such vessels for
waterborne operations, or install in such vessels a canopy that does not
restrict horizontal or vertical escape by passengers in the event of
flooding or sinking.
(2) If a canopy and window coverings are removed from any such
vessel pursuant to paragraph (1), require that all passengers wear a
personal flotation device approved by the Coast Guard before the onset
of waterborne operations of such vessel.
(3) Reengineer such vessels to permanently close all unnecessary
access plugs and reduce all through-hull penetrations to the minimum
number and size necessary for operation.
(4) Install in such vessels independently powered electric bilge
pumps that are capable of dewatering such vessels at the volume of the
largest remaining penetration in order to supplement an operable Higgins
pump or a dewatering pump of equivalent or greater capacity.
(5) Install in such vessels not fewer than 4 independently powered
bilge alarms.
(6) Conduct an in-water inspection of any such vessel after each
time a through-hull penetration of such vessel has been removed or
uncovered.
(7) Verify through an in-water inspection the watertight integrity
of any such vessel at the outset of each waterborne departure of such
vessel.
(8) Install underwater LED lights that activate automatically in an
emergency.
(9) Otherwise comply with any other provisions of relevant Coast
Guard guidance or instructions in the inspection, configuration, and
operation of such vessels.
(g) Implementation.--The Commandant shall implement the interim requirements
under subsection (f) without regard to chapters 5 and 6 of title 5, United
States Code, and Executive Order Nos. 12866 and 13563 (5 U.S.C. 601 note).
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term ``appropriate
congressional committees'' means the Committee Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(2) DUKW amphibious passenger vessel.--The term ``DUKW amphibious
passenger vessel'' means a vessel that uses, modifies, or is derived
from the GMC DUKW-353 design, and which is operating as a small
passenger vessel in waters subject to the jurisdiction of the United
States, as defined in section 2.38 of title 33, Code of Federal
Regulations (or a successor regulation).
SEC. 11503. EXONERATION AND LIMITATION OF LIABILITY FOR SMALL PASSENGER VESSELS.
(a) Restructuring.--Chapter 305 of title 46, United States Code, is
amended--
(1) by inserting before section 30501 the following:
``Subchapter I--General Provisions'';
(2) by inserting before section 30503 the following:
``Subchapter II--Exoneration and Limitation of Liability'';
and
(3) by redesignating sections 30503 through 30512 as sections 30521
through 30530, respectively.
(b) Definitions.--Section 30501 of title 46, United States Code, is amended
to read as follows:
``Sec. 30501. Definitions
``In this chapter:
``(1) Covered small passenger vessel.--The term `covered small
passenger vessel'--
``(A) means a small passenger vessel, as defined in section
2101, that is--
``(i) not a wing-in-ground craft; and
``(ii) carrying--
``(I) not more than 49 passengers on an
overnight domestic voyage; and
``(II) not more than 150 passengers on any
voyage that is not an overnight domestic voyage;
and
``(B) includes any wooden vessel constructed prior to March
11, 1996, carrying at least 1 passenger for hire.
``(2) Owner.--The term `owner' includes a charterer that mans,
supplies, and navigates a vessel at the charterer's own expense or by
the charterer's own procurement.''.
(c) Applicability.--Section 30502 of title 46, United States Code, is
amended to read as follows:
``Sec. 30502. Application
``(a) In General.--Except as otherwise provided, this chapter (except
section 30521) applies to seagoing vessels and vessels used on lakes or rivers
or in inland navigation, including canal boats, barges, and lighters.
``(b) Exception.--This chapter (except for section 30526) shall not apply to
covered small passenger vessels.''.
(d) Provisions Requiring Notice of Claim or Limiting Time for Bringing
Action.--Section 30526(b) of title 46, United States Code, as redesignated by
subsection (a), is amended--
(1) in paragraph (1)--
(A) by inserting ``, in the case of seagoing vessels,''
after ``personal injury or death''; and
(B) by inserting ``, or in the case of covered small
passenger vessels, to less than two years after the date of the
injury or death'' after ``date of the injury or death''; and
(2) in paragraph (2)--
(A) by inserting ``, in the case of seagoing vessels,''
after ``personal injury or death''; and
(B) by inserting ``, or in the case of covered small
passenger vessels, to less than two years after the date of the
injury or death'' after ``date of the injury or death''.
(e) Chapter Analysis.--The analysis for chapter 305 of title 46, United
States Code, is amended--
(1) by inserting before the item relating to section 30501 the
following:
``subchapter i--general provisions'';
(2) by inserting after the item relating to section 30502 the
following:
``subchapter ii--exoneration and limitation of liability'';
(3) by striking the item relating to section 30501 and inserting the
following:
``30501. Definitions.'';
and
(4) by redesignating the items relating to sections 30503 through
30512 as items relating to sections 30521 through 30530, respectively.
(f) Conforming Amendments.--Title 46, United States Code, is further
amended--
(1) in section 14305(a)(5) by striking ``section 30506'' and
inserting ``section 30524'';
(2) in section 30523(a), as redesignated by subsection (a), by
striking ``section 30506'' and inserting ``section 30524'';
(3) in section 30524(b), as redesignated by subsection (a), by
striking ``section 30505'' and inserting ``section 30523''; and
(4) in section 30525, as redesignated by subsection (a)--
(A) in the matter preceding paragraph (1) by striking
``sections 30505 and 30506'' and inserting ``sections 30523 and
30524'';
(B) in paragraph (1) by striking ``section 30505'' and
inserting ``section 30523''; and
(C) in paragraph (2) by striking ``section 30506(b)'' and
inserting ``section 30524(b)''.
SEC. 11504. AT-SEA RECOVERY OPERATIONS PILOT PROGRAM.
(a) In General.--The Secretary shall conduct a pilot program to evaluate the
potential use of remotely controlled or autonomous operation and monitoring of
certain vessels for the purposes of--
(1) better understanding the complexities of such at-sea operations
and potential risks to navigation safety, vessel security, maritime
workers, the public, and the environment;
(2) gathering observational and performance data from monitoring the
use of remotely-controlled or autonomous vessels; and
(3) assessing and evaluating regulatory requirements necessary to
guide the development of future occurrences of such operations and
monitoring activities.
(b) Duration and Effective Date.--The duration of the pilot program
established under this section shall be not more than 5 years beginning on the
date on which the pilot program is established, which shall be not later than
180 days after the date of enactment of this Act.
(c) Authorized Activities.--The activities authorized under this section
include--
(1) remote over-the-horizon monitoring operations related to the
active at-sea recovery of spaceflight components on an unmanned vessel
or platform;
(2) procedures for the unaccompanied operation and monitoring of an
unmanned spaceflight recovery vessel or platform; and
(3) unmanned vessel transits and testing operations without a
physical tow line related to space launch and recovery operations,
except within 12 nautical miles of a port.
(d) Interim Authority.--In recognition of potential risks to navigation
safety, vessel security, maritime workers, the public, and the environment, and
the unique circumstances requiring the use of remotely operated or autonomous
vessels, the Secretary, in the pilot program established under subsection (a),
may--
(1) allow remotely controlled or autonomous vessel operations to
proceed consistent to the extent practicable under the proposed title
33, United States Code, and 46, United States Code, including navigation
and manning laws and regulations;
(2) modify or waive applicable regulations and guidance as the
Secretary considers appropriate to--
(A) allow remote and autonomous vessel at-sea operations and
activities to occur while ensuring navigation safety; and
(B) ensure the reliable, safe, and secure operation of
remotely-controlled or autonomous vessels; and
(3) require each remotely operated or autonomous vessel to be at all
times under the supervision of 1 or more individuals--
(A) holding a merchant mariner credential which is suitable
to the satisfaction of the Coast Guard; and
(B) who shall practice due regard for the safety of
navigation of the autonomous vessel, to include collision
avoidance.
(e) Rule of Construction.--Nothing in this section shall be construed to
authorize the Secretary to--
(1) permit foreign vessels to participate in the pilot program
established under subsection (a);
(2) waive or modify applicable laws and regulations under the
proposed title 33, United States Code, and title 46, United States Code,
except to the extent authorized under subsection (d)(2);
(3) waive or modify applicable laws and regulations under titles 49
and 51 of the United States Code; or
(4) waive or modify any regulations arising under international
conventions.
(f) Savings Provision.--Nothing in this section may be construed to
authorize the employment in the coastwise trade of a vessel or platform that
does not meet the requirements of sections 12112, 55102, 55103, and 55111 of
title 46, United States Code.
(g) Authority Unaffected.--Nothing in this section shall be construed to
affect, impinge, or alter any authority of the Secretary of Transportation under
titles 49 and 51, United States Code.
(h) Briefings.--The Secretary or the designee of the Secretary shall brief
the Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure and the Committee on Science,
Space, and Technology of the House of Representatives on the program established
under subsection (a) on a quarterly basis.
(i) Report.--Not later than 180 days after the expiration of the pilot
program established under subsection (a), the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure and the Committee on Science,
Space, and Technology of the House of Representatives a final report regarding
an assessment of the execution of the pilot program and implications for
maintaining navigation safety, the safety of maritime workers, and the
preservation of the environment.
(j) GAO Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this section, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on the state of autonomous and
remote technologies in the operation of shipboard equipment and the safe
and secure navigation of vessels in Federal waters of the United States.
(2) Elements.--The report required under paragraph (1) shall include
the following:
(A) An assessment of commercially available autonomous and
remote technologies in the operation of shipboard equipment and
the safe and secure navigation of vessels during the 10 years
immediately preceding the date of the report.
(B) An analysis of the safety, physical security,
cybersecurity, and collision avoidance risks and benefits
associated with autonomous and remote technologies in the
operation of shipboard equipment and the safe and secure
navigation of vessels, including environmental considerations.
(C) An assessment of the impact of such autonomous and
remote technologies, and all associated technologies, on labor,
including--
(i) roles for credentialed and noncredentialed
workers regarding such autonomous, remote, and
associated technologies; and
(ii) training and workforce development needs
associated with such technologies.
(D) An assessment and evaluation of regulatory requirements
necessary to guide the development of future autonomous, remote,
and associated technologies in the operation of shipboard
equipment and safe and secure navigation of vessels.
(E) An assessment of the extent to which such technologies
are being used in other countries and how such countries have
regulated such technologies.
(F) Recommendations regarding authorization, infrastructure,
and other requirements necessary for the implementation of such
technologies in the United States.
(3) Consultation.--The report required under paragraph (1) shall
include, at a minimum, consultation with the maritime industry
including--
(A) vessel operators, including commercial carriers,
entities engaged in exploring for, developing, or producing
resources, including non-mineral energy resources in its
offshore areas, and supporting entities in the maritime
industry;
(B) shipboard personnel impacted by any change to autonomous
vessel operations, in order to assess the various benefits and
risks associated with the implementation of autonomous, remote,
and associated technologies in the operation of shipboard
equipment and safe and secure navigation of vessels and the
impact such technologies would have on maritime jobs and
maritime manpower;
(C) relevant federally funded research institutions, non-
governmental organizations, and academia; and
(D) the commercial space industry.
(k) Merchant Mariner Credential Defined.--In this section, the term
``merchant mariner credential'' means a merchant mariner license, certificate,
or document that the Secretary is authorized to issue pursuant to title 46,
United States Code.
SEC. 11505. HISTORIC WOOD SAILING VESSELS.
(a) Report on Historic Wood Sailing Vessels.--
(1) In general.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report evaluating the practicability of the
application of section 3306(n)(3)(A)(v) of title 46, United States Code,
to historic wood sailing vessels.
(2) Elements.--The report required under paragraph (1) shall include
the following:
(A) An assessment of the compliance, as of the date on which
the report is submitted under paragraph (1), of historic wood
sailing vessels with section 3306(n)(3)(A)(v) of title 46,
United States Code.
(B) An assessment of the safety record of historic wood
sailing vessels.
(C) An assessment of any risk that modifying the
requirements under such section would have on the safety of
passengers and crew of historic wood sailing vessels.
(D) An evaluation of the economic practicability of
requiring the compliance of historic wood sailing vessels with
such section and whether such compliance would meaningfully
improve safety of passengers and crew in a manner that is both
feasible and economically practicable.
(E) Any recommendations to improve safety in addition to, or
in lieu of, applying such section to historic wood sailing
vessels.
(F) Any other recommendations as the Comptroller General
determines are appropriate with respect to the applicability of
such section to historic wood sailing vessels.
(G) An assessment to determine if historic wood sailing
vessels could be provided an exemption to such section and the
changes to legislative or rulemaking requirements, including
modifications to section 177.500(q) of title 46, Code of Federal
Regulations (as in effect on the date of enactment of this Act),
that are necessary to provide the Commandant the authority to
make such exemption or to otherwise provide for such exemption.
(b) Consultation.--In completing the report required under subsection (a),
the Comptroller General may consult with--
(1) the National Transportation Safety Board;
(2) the Coast Guard; and
(3) the maritime industry, including relevant federally funded
research institutions, nongovernmental organizations, and academia.
(c) Waiver for Covered Historic Vessels.--The captain of a port may waive
the requirements of section 3306(n)(3)(A)(v) of title 46, United States Code,
with respect to covered historic vessels for not more than 2 years after the
date on which the report required under subsection (a) is submitted.
(d) Waiver for Other Historic Wood Sailing Vessels.--
(1) In general.--The captain of a port may, upon the request of the
owner or operator of a historic wood sailing vessel that is not a
covered historic vessel, waive the requirements of section
3306(n)(3)(A)(v) of title 46, United States Code, with respect to the
historic wood sailing vessel for not more than 2 years after date on
which the report required under subsection (a) is submitted, if the
captain of the port--
(A) determines that it is technically infeasible for the
historic wood sailing vessel to comply with the requirements
described in section 3306(n)(3)(A)(v) of title 46, United States
Code, due to its age; and
(B) approves the alternative arrangements proposed for the
historic wood sailing vessel in accordance with paragraph (2).
(2) Request and alternative arrangements.--An owner or operator of a
historic wood sailing vessel requesting a waiver under paragraph (1)
shall submit such a request to the captain of a port that includes the
alternative arrangements the owner or operator will take to ensure an
equivalent level of safety, to the maximum extent practicable, to the
requirements under section 3306(n)(3)(A)(v) of title 46, United States
Code.
(e) Savings Clause.--Nothing in this section shall limit any authority
available, as of the date of enactment of this Act, to the captain of a port
with respect to safety measures or any other authority as necessary for the
safety of historic wood sailing vessels.
(f) Notice to Passengers.--Any vessel that receives a waiver under
subsection (c) or subsection (d) shall, beginning on the date on which the
requirements under section 3306(n)(3)(v) of title 46, United States Code, take
effect, provide a prominently displayed notice on its website, ticket counter,
and each ticket for a passenger that the vessel is exempt from meeting the Coast
Guard safety compliance standards concerning egress as described under such
section.
(g) Definitions.--In this section:
(1) Covered historic vessels.--The term ``covered historic vessels''
means each of the following:
(A) Adventuress (Official Number 210877).
(B) American Eagle (Official Number 229913).
(C) Angelique (Official Number 623562).
(D) Heritage (Official Number 649561).
(E) J & E Riggin (Official Number 226422).
(F) Ladona (Official Number 222228).
(G) Lady Washington (Official Number 944970).
(H) Lettie G. Howard (Official Number 222838).
(I) Lewis R. French (Official Number 015801).
(J) Mary Day (Official Number 288714).
(K) Stephen Taber (Official Number 115409).
(L) Victory Chimes (Official Number 136784).
(M) Grace Bailey (Official Number 085754).
(N) Mercantile (Official Number 214388).
(O) Mistress (Official Number 509004).
(P) Wendameen (Official Number 210173).
(2) Historic wood sailing vessel.--The term ``historic wood sailing
vessel'' means a covered small passenger vessel, as defined in section
3306(n)(5) of title 46, United States Code, that--
(A) has overnight passenger accommodations;
(B) is a wood sailing vessel;
(C) has a hull constructed of wood;
(D) is principally equipped for propulsion by sail, even if
the vessel has an auxiliary means of production;
(E) has no fewer than three masts; and
(F) was constructed before 1986.
SEC. 11506. CERTIFICATES OF NUMBERS FOR UNDOCUMENTED VESSELS.
Section 12304(a) of title 46, United States Code, is amended--
(1) by striking ``shall be pocketsized,''; and
(2) by inserting ``in hard copy or digital form. Any certificate
issued in hard copy under this section shall be pocketsized. The
certificate shall be'' after ``and may be''.
SEC. 11507. COMPTROLLER GENERAL REVIEW AND REPORT ON COAST GUARD OVERSIGHT OF
THIRD-PARTY ORGANIZATIONS.
(a) In General.--Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall initiate a review that
assesses the oversight of the Coast Guard of third-party organizations.
(b) Elements.--In carrying out the review required under subsection (a), the
Comptroller General shall analyze the following:
(1) Coast Guard use of third-party organizations in the prevention
mission of the Coast Guard and the extent to which the Coast Guard plans
to increase such use to enhance prevention mission performance,
including resource use and specialized expertise.
(2) The extent to which the Coast Guard has assessed the potential
risks and benefits of using third-party organizations to support
prevention mission activities.
(3) The extent to which the Coast Guard provides oversight of third-
party organizations authorized to support prevention mission activities.
(c) Report.--Not later than 1 year after initiating the review required
under subsection (a), the Comptroller General shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives the results of
such review.
SEC. 11508. ARTICULATED TUG-BARGE MANNING.
(a) In General.--Notwithstanding the watch setting requirements set forth in
section 8104 of title 46, United States Code, the Secretary shall authorize an
Officer in Charge, Marine Inspection to issue an amended certificate of
inspection that does not require engine room watch setting to inspected towing
vessels certificated prior to July 19, 2022, forming part of an articulated tug-
barge unit, provided that such vessels are equipped with engineering control and
monitoring systems of a type accepted for no engine room watch setting under a
previously approved minimum safe manning document or certificate of inspection
for articulated tug-barge units.
(b) Definitions.--In this section:
(1) Certificate of inspection.--The term ``certificate of
inspection'' means a certificate of inspection under subchapter M of
chapter I of title 46, Code of Federal Regulations.
(2) Inspected towing vessel.--The term ``inspected towing vessel''
means a vessel issued a certificate of inspection.
SEC. 11509. FISHING VESSEL SAFETY.
(a) In General.--Chapter 45 of title 46, United States Code, is amended--
(1) in section 4502(f)(2) by striking ``certain vessels described in
subsection (b) if requested by the owner or operator; and'' and
inserting the following: ``vessels described in subsection (b) if--
``(A) requested by an owner or operator; or
``(B) the vessel is--
``(i) at least 50 feet overall in length;
``(ii) built before July 1, 2013; and
``(iii) 25 years of age or older; and'';
(2) in section 4503(b) by striking ``Except as provided in section
4503a, subsection (a)'' and inserting ``Subsection (a)''; and
(3) by repealing section 4503a.
(b) Alternative Safety Compliance Agreements.--Nothing in this section or
the amendments made by this section shall be construed to affect or apply to any
alternative compliance and safety agreement entered into by the Coast Guard that
is in effect on the date of enactment of this Act.
(c) Conforming Amendments.--The analysis for chapter 45 of title 46, United
States Code, is amended by striking the item relating to section 4503a.
SEC. 11510. EXEMPTIONS FOR CERTAIN PASSENGER VESSELS.
Notwithstanding any other provision of law, requirements authorized under
sections 3508 and 3509 of title 46, United States Code, shall not apply to any
passenger vessel, as defined in section 2101 of such title --
(1) that carries in excess of 250 passengers;
(2) that is, or was, in operation exclusively within the inland
rivers and internal waters of the United States on voyages inside the
Boundary Line, as defined in section 103 of such title, on or before
July 27, 2030; and
(3) the operators or charterers of which operated any documented
vessels with a coastwise endorsement prior to January 1, 2024.
Subtitle B--Merchant Mariner Credentialing
SEC. 11511. MODERNIZING MERCHANT MARINER CREDENTIALING SYSTEM.
(a) Report.--
(1) In general.--Not later than 90 days after the date of enactment
of this Act, the Commandant shall submit to the Committees on Commerce,
Science, and Transportation and Appropriations of the Senate, and the
Committees on Transportation and Infrastructure and Appropriations of
the House of Representatives, a report on the financial, human, and
information technology infrastructure resources needed to establish an
electronic merchant mariner licensing and documentation system.
(2) Legislative and regulatory suggestions.--In preparing the report
described in paragraph (1), the Commandant--
(A) shall include recommendations for any legislative or
administrative actions as the Commandant determines necessary to
establish the electronic merchant mariner licensing and
documentation system described in paragraph (1) as soon as
possible; and
(B) may include findings, conclusions, or recommendations
from the study conducted under subsection (b).
(b) Study.--
(1) In general.--In preparing the report required under subsection
(a), the Commandant and the Administrator of the Maritime
Administration, in coordination with the Commander of the United States
Transportation Command, shall conduct a study on the feasibility of
developing and maintaining a database as part of an electronic merchant
mariner licensing and documentation system that--
(A) contains records with respect to each credentialed
mariner, including credential validity, drug and alcohol testing
results, and information on any final adjudicated agency action
involving a credentialed mariner or regarding any involvement in
a marine casualty; and
(B) maintains such records in a manner that allows data to
be readily accessed by the Federal Government for the purpose of
assessing workforce needs and for the purpose of the economic
and national security of the United States.
(2) Contents.--The study required under paragraph (1) shall--
(A) include an assessment of the resources, including
information technology, and authorities necessary to develop and
maintain the database described in such paragraph;
(B) specifically address ways to protect the privacy
interests of any individual whose information may be contained
within such database, which shall include limiting access to the
database or having access to the database be monitored by, or
accessed through, a member of the Coast Guard; and
(C) address the feasibility of incorporating in such
database a reporting mechanism to alert the Administrator of the
Maritime Administration each time a mariner's credential is
reinstated upon completion of a period of suspension as the
result of a suspension and revocation proceeding under section
7702 of title 46, United States Code, with details about the
violation that led to such suspension.
(c) Electronic Merchant Mariner Licensing and Documentation System.--
Notwithstanding any other provision of law, not later than 2 years after the
date of enactment of this Act, the Secretary shall implement an electronic
merchant mariner licensing and documentation system.
SEC. 11512. ASSESSMENT REGARDING APPLICATION PROCESS FOR MERCHANT MARINER
CREDENTIALS.
(a) In General.--The Secretary shall conduct an assessment to determine the
resources, including personnel and computing resources, required to reduce the
amount of time necessary to process an application for a merchant mariner
credential to not more than 2 weeks after the date of receipt of such
application.
(b) Briefing Required.--Not later than 180 days after the date of enactment
of this Act, the Secretary shall provide a briefing to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives with the
results of the assessment required under subsection (a).
SEC. 11513. GAO REPORT.
(a) In General.--Not later than 180 days after the date of enactment of this
Act, the Comptroller General of the United States shall prepare and submit a
report to Congress that evaluates the processes of the National Maritime Center
for processing and approving merchant mariner credentials, as of the date of
enactment of this Act.
(b) Contents.--In preparing the report required under subsection (a), the
Comptroller General shall--
(1) analyze the effectiveness of the merchant mariner credentialing
process, as of the date of enactment of this Act;
(2) analyze the backlogs relating to the merchant mariner
credentialing process and the reasons for such backlogs; and
(3) provide recommendations for improving and expediting the
merchant mariner credentialing process, including funding needed to
support improved processing times.
SEC. 11514. MILITARY TO MARINERS ACT OF 2022.
(a) Short Title.--This section may be cited as the ``Military to Mariners
Act of 2022''.
(b) Modification of Sea Service Requirements for Merchant Mariner
Credentials for Veterans and Members of the Uniformed Services.--
(1) Review and regulations.--Notwithstanding any other provision of
law, not later than 2 years after the date of enactment of this Act, the
Secretary shall--
(A) review and examine--
(i) the timeframes and impediments for veterans and
members of the uniformed services to receive a merchant
mariner credential;
(ii) the classifications of sea service acquired
through training and service as a member of the
Uniformed Services and level of equivalence such service
has with respect to sea service on merchant vessels; and
(iii) the amount of sea service, including percent
of the total time onboard for purposes of equivalent
underway service, that will be accepted as required
experience for all endorsements for applicants for a
merchant mariner credential who are veterans or members
of the Uniformed Services; and
(B) issue new regulations to--
(i) streamline, ensure the accuracy of, and expedite
the transfer, review and acceptance of information
pertaining to training and sea time for applicants for a
merchant mariner credential who are veterans or members
of the Uniformed Services;
(ii) increase the acceptable percentages of time
equivalent to sea service for such applicants pursuant
to findings of the review and examination conducted
under subparagraph (A); and
(iii) reduce burdens and create a means of
alternative compliance to demonstrate instructor
competency for Standards of Training, Certification and
Watchkeeping for Seafarers courses.
(2) Consultation.--In carrying out paragraph (2), the Secretary
shall consult with the National Merchant Marine Personnel Advisory
Committee and shall take into account the present and future needs of
the United States Merchant Marine labor workforce.
(3) Report.--Not later than 180 days after the date of enactment of
this Act, the United States Committee on the Marine Transportation
System shall submit to the Committees on Commerce, Science, and
Transportation and Armed Services of the Senate and the Committees on
Transportation and Infrastructure and Armed Services of the House of
Representatives, a report that contains an update on the activities
carried out to implement--
(A) the July 2020 report by the Committee on the Marine
Transportation System to the White House Office of Trade and
Manufacturing Policy on the implementation of Executive Order
13860 (84 Fed. Reg. 8407; relating to supporting the transition
of active duty servicemembers and military veterans into the
Merchant Marine); and
(B) section 3511 of the National Defense Authorization Act
for Fiscal Year 2020 (46 U.S.C. 3702 note).
(c) Assessment of Skillbridge for Employment as a Merchant Mariner.--The
Secretary, in collaboration with the Secretary of Defense, shall assess the use
of the SkillBridge program of the Department of Defense as a means for
transitioning active duty sea service personnel to employment as merchant
mariners.
SEC. 11515. DEFINITIONS.
In this subtitle:
(1) Credentialed mariner.--The term ``credentialed mariner'' means
an individual with a merchant mariner credential.
(2) Merchant mariner credential.--The term ``merchant mariner
credential'' has the meaning given such term in section 7510(d) of title
46, United States Code.
(3) Uniformed services.--The term ``uniformed services'' has the
meaning given the term ``uniformed services'' in section 2101 of title
5, United States Code.
Subtitle C--Other Matters
SEC. 11516. NONOPERATING INDIVIDUAL.
Section 8313(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended by
striking ``the date that is 2 years after the date of the enactment of this
Act'' and inserting ``January 1, 2025''.
SEC. 11517. OCEANOGRAPHIC RESEARCH VESSELS.
(a) Report Required.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Transportation, in consultation with the Secretary,
shall submit to the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and Transportation of
the Senate a report detailing the total number of vessels known or estimated to
operate or to have operated under section 50503 of title 46, United States Code,
during each of the past 10 fiscal years.
(b) Contents.--The report required under subsection (a) shall include the
following elements:
(1) The total number of foreign-flagged vessels known or estimated
to operate or to have operated as oceanographic research vessels (as
such term is defined in section 2101 of title 46, United States Code)
during each of the past 10 fiscal years.
(2) The total number of United States-flagged vessels known or
estimated to operate or to have operated as oceanographic research
vessels (as such term is defined section 2101 of title 46, United States
Code) during each of the past 10 fiscal years.
SEC. 11518. PORT ACCESS ROUTES BRIEFING.
(a) Atlantic Coast Port Access Route.--Not later than 30 days after the date
of enactment of this Act, and not less than every 30 days thereafter until the
requirements of section 70003 of title 46, United States Code, are fully
executed with respect to the Atlantic Coast Port Access Route, the Secretary
shall brief the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and Transportation of
the Senate on any progress made to execute such requirements.
(b) Other Coast Port Access Routes.--Not later than 180 days after the date
of enactment of this Act, and not less than every 180 days thereafter until the
requirements of section 70003 of title 46, United States Code, are fully
executed with respect to each of the Alaskan Arctic, Gulf of Mexico and Pacific
Coast port access route studies, the Secretary shall brief the Committee on
Transportation and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate on the status
of each study and the implementation of any recommendations made in each such
study.
SEC. 11519. DEFINITION OF STATELESS VESSEL.
Section 70502(d)(1) of title 46, United States Code, is amended--
(1) in subparagraph (B) by striking ``and'' after the semicolon;
(2) in subparagraph (C) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) a vessel aboard which no individual, on request of an
officer of the United States authorized to enforce applicable
provisions of United States law, claims to be the master or is
identified as the individual in charge, and that has no other
claim of nationality or registry under paragraph (1) or (2) of
subsection (e).''.
SEC. 11520. LIMITATION ON RECOVERY FOR CERTAIN INJURIES INCURRED IN AQUACULTURE
ACTIVITIES.
(a) In General.--Section 30104 of title 46, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before the first sentence;
and
(2) by adding at the end the following:
``(b) Limitation on Recovery by Aquaculture Workers.--
``(1) In general.--For purposes of subsection (a), the term `seaman'
does not include an individual who--
``(A) is an aquaculture worker if State workers'
compensation is available to such individual; and
``(B) was, at the time of injury, engaged in aquaculture in
a place where such individual had lawful access.
``(2) Aquaculture worker defined.--In this subsection, the term
`aquaculture worker' means an individual who--
``(A) is employed by a commercial enterprise that is
involved in the controlled cultivation and harvest of aquatic
plants and animals, including--
``(i) the cleaning, processing, or canning of fish
and fish products;
``(ii) the cultivation and harvesting of shellfish;
and
``(iii) the controlled growing and harvesting of
other aquatic species;
``(B) does not hold a license issued under section 7101(c);
and
``(C) is not required to hold a merchant mariner credential
under part F of subtitle II.''.
(b) Applicability.--The amendments made by this section shall apply to an
injury incurred on or after the date of enactment of this Act.
SEC. 11521. REPORT ON SECURING VESSELS AND CARGO.
(a) In General.--Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall conduct a study that
assesses the efforts of the Coast Guard with respect to securing vessels and
maritime cargo bound for the United States from national security related risks
and threats.
(b) Elements.--In conducting the study under subsection (a), the Comptroller
General shall assess the following:
(1) Programs of the Coast Guard to secure vessels and maritime cargo
bound for the United States from national security related risks and
threats and the extent to which such programs cover the critical
components of the global supply chain.
(2) The extent to which the Coast Guard has implemented leading
practices in such programs, including the extent to which the Coast
Guard has collaborated with foreign countries or foreign ports that ship
goods to the United States to implement such leading practices.
(3) The extent to which the Coast Guard has assessed the
effectiveness of such programs.
(c) Report.--Upon completion of the study conducted under subsection (a),
the Comptroller General shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives the results of the study
conducted under this section.
SEC. 11522. REPORT ON ENFORCEMENT OF COASTWISE LAWS.
Not later than 1 year of the date of enactment of this Act, the Commandant
shall submit to Congress a report describing any changes to the enforcement of
chapters 121 and 551 of title 46, United States Code, as a result of the
amendments to section 4(a)(1) of the Outer Continental Shelf Lands Act (43
U.S.C. 1333(a)(1)) made by section 9503 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283).
SEC. 11523. LAND CONVEYANCE, SHARPE ARMY DEPOT, LATHROP, CALIFORNIA.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Maritime Administration shall complete the land conveyance
required under section 2833 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
SEC. 11524. PROHIBITION ON ENTRY AND OPERATION.
(a) Prohibition.--
(1) In general.--Except as otherwise provided in this section,
during the period in which Executive Order 14065 (87 Fed. Reg. 10293,
relating to blocking certain Russian property or transactions), or any
successor Executive Order is in effect, no vessel described in
subsection (b) may enter or operate in the navigable waters of the
United States or transfer cargo in any port or place under the
jurisdiction of the United States.
(2) Limitations on application.--
(A) In general.--The prohibition under paragraph (1) shall
not apply with respect to a vessel described in subsection (b)
if the Secretary of State determines that--
(i) the vessel is owned or operated by a Russian
national or operated by the government of the Russian
Federation; and
(ii) it is in the national security interest not to
apply the prohibition to such vessel.
(B) Notice.--Not later than 15 days after making a
determination under subparagraph (A), the Secretary of State
shall submit to the Committee on Foreign Affairs and the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Foreign Relations and the
Committee on Commerce, Science, and Transportation of the Senate
written notice of the determination and the basis upon which the
determination was made.
(C) Publication.--The Secretary of State shall publish a
notice in the Federal Register of each determination made under
subparagraph (A).
(3) Savings clause.--The prohibition under paragraph (1) shall not
apply with respect to vessels engaged in passage permitted under
international law.
(b) Vessels Described.--A vessel referred to in subsection (a) is a vessel
owned or operated by a Russian national or operated by the government of the
Russian Federation.
(c) Information and Publication.--The Secretary, with the concurrence of the
Secretary of State, shall--
(1) maintain timely information on the registrations of all foreign
vessels owned or operated by or on behalf of the Government of the
Russian Federation, a Russian national, or a entity organized under the
laws of the Russian Federation or any jurisdiction within the Russian
Federation; and
(2) periodically publish in the Federal Register a list of the
vessels described in paragraph (1).
(d) Notification of Governments.--
(1) In general.--The Secretary of State shall notify each
government, the agents or instrumentalities of which are maintaining a
registration of a foreign vessel that is included on a list published
under subsection (c)(2), not later than 30 days after such publication,
that all vessels registered under such government's authority are
subject to subsection (a).
(2) Additional notification.--In the case of a government that
continues to maintain a registration for a vessel that is included on
such list after receiving an initial notification under paragraph (1),
the Secretary shall issue an additional notification to such government
not later than 120 days after the publication of a list under subsection
(c)(2).
(e) Notification of Vessels.--Upon receiving a notice of arrival under
section 70001(a)(5) of title 46, United States Code, from a vessel described in
subsection (b), the Secretary shall notify the master of such vessel that the
vessel may not enter or operate in the navigable waters of the United States or
transfer cargo in any port or place under the jurisdiction of the United States,
unless--
(1) the Secretary of State has made a determination under subsection
(a)(2); or
(2) the Secretary allows provisional entry of the vessel, or
transfer of cargo from the vessel, under subsection (f).
(f) Provisional Entry or Cargo Transfer.--Notwithstanding any other
provision of this section, the Secretary may allow provisional entry of, or
transfer of cargo from, a vessel, if such entry or transfer is necessary for the
safety of the vessel or persons aboard.
SEC. 11525. FLOATING DRY DOCKS.
Section 55122(a) of title 46, United States Code, is amended--
(1) in paragraph (1)(C)--
(A) by striking ``2015; and'' and inserting ``2015; or'';
(B) by striking ``(C) was'' and inserting the following:
``(C)(i) was''; and
(C) by adding at the end the following:
``(ii) had a letter of intent for purchase by such shipyard
or affiliate signed prior to such date of enactment; and''; and
(2) in paragraph (2) by inserting ``or, in the case of a dry dock
described in paragraph (1)(C)(ii), occurs between Honolulu, Hawaii, and
Pearl Harbor, Hawaii'' before the period at the end.
SEC. 11526. UPDATED REQUIREMENTS FOR FISHING CREW AGREEMENTS.
Section 10601(b) of title 46, United States Code, is amended--
(1) in paragraph (2) by striking ``and'' after the semicolon;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) in the case of a seaman employed on a vessel that is a catcher
processor or fish processing vessel that employs more than 25
crewmembers, include a requirement that each crewmember shall be served
not less than three meals a day that--
``(A) total not less than 3,100 calories; and
``(B) include adequate water and minerals in accordance with
the United States Recommended Daily Allowances; and''.
TITLE CXVI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
SEC. 11601. DEFINITIONS.
(a) In General.--Section 2101 of title 46, United States Code, is amended--
(1) by redesignating paragraphs (45) through (54) as paragraphs (47)
through (56), respectively; and
(2) by inserting after paragraph (44) the following:
``(45) `sexual assault' means any form of abuse or contact as
defined in chapter 109A of title 18, or a substantially similar offense
under State, local, or Tribal law.
``(46) `sexual harassment' means--
``(A) conduct that--
``(i) involves unwelcome sexual advances, requests
for sexual favors, or deliberate or repeated offensive
comments or gestures of a sexual nature if any--
``(I) submission to such conduct is made
either explicitly or implicitly a term or
condition of employment, pay, career, benefits,
or entitlements of the individual;
``(II) submission to, or rejection, of such
conduct by an individual is used as a basis for
decisions affecting that individual's job, pay,
career, benefits, or entitlements;
``(III) such conduct has the purpose or
effect of unreasonably interfering with an
individual's work performance or creates an
intimidating, hostile, or offensive work
environment; or
``(IV) conduct may have been by an
individual's supervisor, a supervisor in another
area, a co-worker, or another credentialed
mariner; and
``(ii) is so severe or pervasive that a reasonable
person would perceive, and the victim does perceive, the
environment as hostile or offensive;
``(B) any use or condonation associated with first-hand or
personal knowledge, by any individual in a supervisory or
command position, of any form of sexual behavior to control,
influence, or affect the career, pay, benefits, entitlements, or
employment of a subordinate; and
``(C) any intentional or repeated unwelcome verbal comment
or gesture of a sexual nature towards or about an individual by
the individual's supervisor, a supervisor in another area, a
coworker, or another credentialed mariner.''.
(b) Report.--The Commandant shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report describing any
changes the Commandant may propose to the definitions added by the amendments in
subsection (a).
(c) Conforming Amendments.--
(1) Authority to exempt certain vessels.--Section 2113(3) of title
46, United States Code, is amended by striking ``section 2101(51)(A)''
and inserting ``section 2101(53)(A)''.
(2) Uninspected passenger vessels.--Section 4105 of title 46, United
States Code, is amended--
(A) in subsections (b)(1) and (c) by striking ``section
2101(51)'' each place it appears and inserting ``section 2101'';
and
(B) in subsection (d) by striking ``section 2101(51)(A)''
and inserting ``section 2101(53)(A)''.
(3) General authority.--Section 1131(a)(1)(E) of title 49, United
States Code, is amended by striking ``section 2101(46)'' and inserting
``section 116''.
SEC. 11602. CONVICTED SEX OFFENDER AS GROUNDS FOR DENIAL.
(a) In General.--Chapter 75 of title 46, United States Code, is amended by
adding at the end the following:
``Sec. 7511. Convicted sex offender as grounds for denial
``(a) Sexual Abuse.--A license, certificate of registry, or merchant
mariner's document authorized to be issued under this part shall be denied to an
individual who has been convicted of a sexual offense prohibited under--
``(1) chapter 109A of title 18, except for subsection (b) of section
2244 of title 18; or
``(2) a substantially similar offense under State, local, or Tribal
law.
``(b) Abusive Sexual Contact.--A license, certificate of registry, or
merchant mariner's document authorized to be issued under this part may be
denied to an individual who within 5 years before applying for the license,
certificate, or document, has been convicted of a sexual offense prohibited
under subsection (b) of section 2244 of title 18, or a substantially similar
offense under State, local, or Tribal law.''.
(b) Clerical Amendment.--The analysis for chapter 75 of title 46, United
States Code, is amended by adding at the end the following:
``7511. Convicted sex offender as grounds for denial.''.
SEC. 11603. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS GROUNDS FOR SUSPENSION OR
REVOCATION.
(a) In General.--Chapter 77 of title 46, United States Code, is amended by
inserting after section 7704 the following:
``Sec. 7704a. Sexual harassment or sexual assault as grounds for suspension or
revocation
``(a) Sexual Harassment.--If it is shown at a hearing under this chapter
that a holder of a license, certificate of registry, or merchant mariner's
document issued under this part, within 5 years before the beginning of the
suspension and revocation proceedings, is the subject of an official finding of
sexual harassment, then the license, certificate of registry, or merchant
mariner's document may be suspended or revoked.
``(b) Sexual Assault.--If it is shown at a hearing under this chapter that a
holder of a license, certificate of registry, or merchant mariner's document
issued under this part, within 10 years before the beginning of the suspension
and revocation proceedings, is the subject of an official finding of sexual
assault, then the license, certificate of registry, or merchant mariner's
document shall be revoked.
``(c) Official Finding.--
``(1) In general.--In this section, the term `official finding'
means--
``(A) a legal proceeding or agency finding or decision that
determines the individual committed sexual harassment or sexual
assault in violation of any Federal, State, local, or Tribal law
or regulation; or
``(B) a determination after an investigation by the Coast
Guard that, by a preponderance of the evidence, the individual
committed sexual harassment or sexual assault if the
investigation affords appropriate due process rights to the
subject of the investigation.
``(2) Administrative law judge review.--
``(A) Coast guard investigation.--A determination under
paragraph (1)(B) shall be reviewed and affirmed by an
administrative law judge within the same proceeding as any
suspension or revocation of a license, certificate of registry,
or merchant mariner's document under subsection (a) or (b).
``(B) Legal proceeding.--A determination under paragraph
(1)(A) that an individual committed sexual harassment or sexual
assault is conclusive in suspension and revocation
proceedings.''.
(b) Clerical Amendment.--The analysis for chapter 77 of title 46, United
States Code, is amended by inserting after the item relating to section 7704 the
following:
``7704a. Sexual harassment or sexual assault as grounds for suspension
or revocation.''.
SEC. 11604. ACCOMMODATION; NOTICES.
Section 11101 of title 46, United States Code, is amended--
(1) in subsection (a)(3) by striking ``and'' at the end;
(2) in subsection (a)(4) by striking the period at the end and
inserting ``; and'';
(3) in subsection (a) by adding at the end the following:
``(5) each crew berthing area shall be equipped with information
regarding--
``(A) vessel owner or company policies prohibiting sexual
assault and sexual harassment, retaliation, and drug and alcohol
usage; and
``(B) procedures and resources to report crimes, including
sexual assault and sexual harassment, including information--
``(i) on the telephone number, website address, and
email address for reporting allegations of sexual
assault and sexual harassment to the Coast Guard;
``(ii) on vessel owner or company procedures to
report violations of company policy and access
resources;
``(iii) on resources provided by outside
organizations such as sexual assault hotlines and
counseling;
``(iv) on the retention period for surveillance
video recording after an incident of sexual harassment
or sexual assault is reported; and
``(v) additional items specified in regulations
issued by, and at the discretion of, the Secretary of
the department in which the Coast Guard is operating.'';
and
(4) in subsection (d) by adding at the end the following: ``In each
washing space in a visible location there shall be information regarding
procedures and resources to report crimes upon the vessel, including
sexual assault and sexual harassment, and vessel owner or company
policies prohibiting sexual assault and sexual harassment, retaliation,
and drug and alcohol usage.''.
SEC. 11605. PROTECTION AGAINST DISCRIMINATION.
Section 2114(a) of title 46, United States Code, is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (B) through (G) as
subparagraphs (C) through (H), respectively; and
(B) by inserting after subparagraph (A) the following:
``(B) the seaman in good faith has reported or is about to report to
the vessel owner, Coast Guard or other appropriate Federal agency or
department sexual harassment or sexual assault against the seaman or
knowledge of sexual harassment or sexual assault against another
seaman;''; and
(2) in paragraphs (2) and (3) by striking ``paragraph (1)(B)'' and
inserting ``paragraph (1)(C)''.
SEC. 11606. ALCOHOL AT SEA.
(a) In General.--The Commandant shall seek to enter into an agreement with
the National Academy of Sciences not later than 1 year after the date of
enactment of this Act under which the National Academy of Sciences shall prepare
an assessment to determine safe levels of alcohol consumption and possession by
crew members aboard vessels of the United States engaged in commercial service,
except when such possession is associated with the commercial sale to
individuals aboard the vessel who are not crew members.
(b) Assessment.--The assessment prepared pursuant to subsection (a) shall--
(1) take into account the safety and security of every individual on
the vessel;
(2) take into account reported incidences of sexual harassment or
sexual assault, as defined in section 2101 of title 46, United States
Code; and
(3) provide any appropriate recommendations for any changes to laws,
regulations, or employer policies.
(c) Submission.--Upon completion of the assessment under this section, the
National Academy of Sciences shall submit to the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, the Commandant, and the
Secretary the assessment prepared pursuant to subsection (a).
(d) Regulations.--The Commandant--
(1) shall, not later than 180 days after receiving the submission of
the assessment under subsection (c), review the changes to regulations
recommended in such assessment; and
(2) taking into account the safety and security of every individual
on vessels of the United States engaged in commercial service, may issue
regulations relating to alcohol consumption on such vessels.
(e) Savings Clause.--To the extent the Commandant issues regulations
establishing safe levels of alcohol consumption in accordance with subsection
(d), the Commandant may not issue regulations which prohibit--
(1) the owner or operator of a vessel from imposing additional
restrictions on the consumption of alcohol, including the prohibition of
the consumption of alcohol on such vessels; and
(2) possession of alcohol associated with the commercial sale to
individuals aboard the vessel who are not crew members.
(f) Report Required.--If, by the date that is 2 years after the receipt of
the assessment under subsection (c), the Commandant does not issue regulations
under subsection (d), the Commandant shall provide a report by such date to the
committees described in subsection (c)--
(1) containing the rationale for not issuing such regulations; and
(2) providing other recommendations as necessary to ensure safety at
sea.
SEC. 11607. SURVEILLANCE REQUIREMENTS.
(a) In General.--Part B of subtitle II of title 46, United States Code, is
amended by adding at the end the following:
``CHAPTER 49--OCEANGOING NON-PASSENGER COMMERCIAL VESSELS
``Sec.
``4901. Surveillance requirements.
``Sec. 4901. Surveillance requirements
``(a) In General.--A vessel engaged in commercial service that does not
carry passengers, shall maintain a video surveillance system.
``(b) Applicability.--The requirements in this section shall apply to--
``(1) documented vessels with overnight accommodations for at least
10 individuals on board that are--
``(A) on a voyage of at least 600 miles and crosses seaward
of the Boundary Line; or
``(B) at least 24 meters (79 feet) in overall length and
required to have a load line under chapter 51;
``(2) documented vessels of at least 500 gross tons as measured
under section 14502, or an alternate tonnage measured under section
14302 as prescribed by the Secretary under section 14104 on an
international voyage; and
``(3) vessels with overnight accommodations for at least 10
individuals on board that are operating for no less than 72 hours on
waters superjacent to the outer Continental Shelf (as defined in section
2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)).
``(c) Placement of Video and Audio Surveillance Equipment.--
``(1) In general.--The owner of a vessel to which this section
applies shall install video and audio surveillance equipment aboard the
vessel not later than 2 years after enactment of the Don Young Coast
Guard Authorization Act of 2022, or during the next scheduled drydock,
whichever is later.
``(2) Locations.--Video and audio surveillance equipment shall be
placed in passageways on to which doors from staterooms open. Such
equipment shall be placed in a manner ensuring the visibility of every
door in each such passageway.
``(d) Notice of Video and Audio Surveillance.--The owner of a vessel to
which this section applies shall provide clear and conspicuous signs on board
the vessel notifying the crew of the presence of video and audio surveillance
equipment.
``(e) Access to Video and Audio Records.--The owner of a vessel to which
this section applies shall ensure that access to records of video and audio
surveillance is not used as part of a labor action against a crew member or
employment dispute unless used in a criminal or civil action.
``(f) Retention Requirements.--The owner of a vessel to which this section
applies shall retain all records of audio and video surveillance for not less
than 1 year after the footage is obtained. Any video and audio surveillance
found to be associated with an alleged incident should be preserved for not less
than 5 years from the date of the alleged incident.
``(g) Personnel Training.--A vessel owner or employer of a seafarer shall
provide training for all individuals employed by the owner or employer for the
purpose of responding to incidents of sexual assault or sexual harassment,
including--
``(1) such training to ensure the individuals--
``(A) retain audio and visual records and other evidence
objectively; and
``(B) act impartially without influence from the company or
others; and
``(2) training on applicable Federal, State, Tribal, and local laws
and regulations regarding sexual assault and sexual harassment
investigations and reporting requirements.
``(g) Definition of Owner.--In this section, the term `owner' means the
owner, charterer, managing operator, master, or other individual in charge of a
vessel.
``(h) Exemption.--Fishing vessels, fish processing vessels, and fish tender
vessels are exempt from this section.''.
(b) Clerical Amendment.--The table of chapters for subtitle II of title 46,
United States Code, is amended by adding after the item related to chapter 47
the following:
``49. Oceangoing Non-Passenger Commercial Vessels........... 4901''.
SEC. 11608. MASTER KEY CONTROL.
(a) In General.--Chapter 31 of title 46, United States Code, is amended by
adding at the end the following:
``Sec. 3106. Master key control system
``(a) In General.--The owner of a vessel subject to inspection under section
3301 shall--
``(1) ensure that such vessel is equipped with a vessel master key
control system, manual or electronic, which provides controlled access
to all copies of the vessel's master key of which access shall only be
available to the individuals described in paragraph (2);
``(2) establish a list of all crew, identified by position, allowed
to access and use the master key and maintain such list upon the vessel,
within owner records and included in the vessel safety management
system;
``(3) record in a log book information on all access and use of the
vessel's master key, including--
``(A) dates and times of access;
``(B) the room or location accessed; and
``(C) the name and rank of the crew member that used the
master key; and
``(4) make the list under paragraph (2) and the log book under
paragraph (3) available upon request to any agent of the Federal Bureau
of Investigation, any member of the Coast Guard, and any law enforcement
officer performing official duties in the course and scope of an
investigation.
``(b) Prohibited Use.--Crew not included on the list described in subsection
(a)(2) shall not have access to or use the master key unless in an emergency and
shall immediately notify the master and owner of the vessel following use of
such key.
``(c) Requirements for Log Book.--The log book described in subsection
(a)(3) and required to be included in a safety management system under section
3203(a)(6)--
``(1) may be electronic; and
``(2) shall be located in a centralized location that is readily
accessible to law enforcement personnel.
``(d) Penalty.--Any crew member who uses the master key without having been
granted access pursuant to subsection (a)(2) shall be liable to the United
States Government for a civil penalty of not more than $1,000 and may be subject
to suspension or revocation under section 7703.
``(e) Exemption.--This section shall not apply to vessels subject to section
3507(f).''.
(b) Clerical Amendment.--The analysis for chapter 31 of title 46, United
States Code, is amended by adding at the end the following:
``3106. Master key control system.''.
SEC. 11609. REQUIREMENT TO REPORT SEXUAL ASSAULT AND HARASSMENT.
Section 10104 of title 46, United States Code, is amended by striking
subsections (a) and (b) and inserting the following:
``(a) Mandatory Reporting by Responsible Entity of a Vessel.--
``(1) In general.--The responsible entity of a vessel shall report
to the Commandant any complaint or incident of harassment, sexual
harassment, or sexual assault in violation of employer policy or law, of
which such entity is made aware.
``(2) Penalty.--A responsible entity of a vessel who knowingly fails
to report in compliance with paragraph (1) is liable to the United
States Government for a civil penalty of not more than $50,000.
``(b) Reporting Procedures.--
``(1) Responsible entity of a vessel reporting.--A report required
under subsection (a) shall be made immediately after the responsible
entity of a vessel gains knowledge of a sexual assault or sexual
harassment incident by the fastest telecommunication channel available
to--
``(A) a single entity in the Coast Guard designated by the
Commandant to receive such reports; and
``(B) the appropriate officer or agency of the government of
the country in whose waters the incident occurs.
``(2) Contents.--Such shall include, to the best of the knowledge of
the individual making the report--
``(A) the name, official position or role in relation to the
vessel, and contact information of such individual;
``(B) the name and official number of the documented vessel;
``(C) the time and date of the incident;
``(D) the geographic position or location of the vessel when
the incident occurred; and
``(E) a brief description of the alleged sexual harassment
or sexual assault being reported.
``(3) Receiving reports; collection of information.--
``(A) Receiving reports.--With respect to reports submitted
under subsection (a), the Commandant--
``(i) may establish additional reporting procedures,
including procedures for receiving reports through--
``(I) a single telephone number that is
continuously manned at all times; and
``(II) a single email address that is
continuously monitored; and
``(ii) shall use procedures that include preserving
evidence in such reports and providing emergency service
referrals.
``(B) Collection of information.--After receipt of the
report made under subsection (a), the Coast Guard shall collect
information related to the identity of each alleged victim,
alleged perpetrator, and any witnesses identified in the report
through means designed to protect, to the extent practicable,
the personal identifiable information of such individuals.
``(c) Subpoena Authority.--
``(1) In general.--The Commandant may compel the testimony of
witnesses and the production of any evidence by subpoena to determine
compliance with this section.
``(2) Jurisdictional limits.--The jurisdictional limits of a
subpoena issued under this section are the same as, and are enforceable
in the same manner as, subpoenas issued under chapter 63 of this title.
``(d) Company After-action Summary.--
``(1) A responsible entity of a vessel that makes a report under
subsection (a) shall--
``(A) submit to the Commandant a document with detailed
information to describe the actions taken by such entity after
becoming aware of the sexual assault or sexual harassment
incident, including the results of any investigation into the
complaint or incident and any action taken against the offending
individual; and
``(B) make such submission not later than 10 days after such
entity made the report under subsection (a).
``(2) Civil penalty.--A responsible entity of a vessel that fails to
comply with paragraph (1) is liable to the United States Government for
a civil penalty of $25,000 and $500 shall be added for each day of
noncompliance, except that the total amount of a penalty with respect to
a complaint or incident shall not exceed $50,000 per violation.
``(e) Investigatory Audit.--The Commandant shall periodically perform an
audit or other systematic review of the submissions made under this section to
determine if there were any failures to comply with the requirements of this
section.
``(f) Applicability; Regulations.--
``(1) Regulations.-- The Secretary may issue regulations to
implement the requirements of this section.
``(2) Interim reports.--Any report required to be made to the
Commandant under this section shall be made to the Coast Guard National
Command Center, until regulations implementing the procedures required
by this section are issued.
``(g) Definition of Responsible Entity of a Vessel.--In this section, the
term `responsible entity of a vessel' means--
``(1) the owner, master, or managing operator of a documented vessel
engaged in commercial service; or
``(2) the employer of a seafarer on such a vessel.''.
SEC. 11610. SAFETY MANAGEMENT SYSTEM.
(a) Safety Management System.--Section 3203 of title 46, United States Code,
is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (5) and (6) as paragraphs
(7) and (8); and
(B) by inserting after paragraph (4) the following:
``(5) with respect to sexual harassment and sexual assault,
procedures for, and annual training requirements for all responsible
persons and vessels to which this chapter applies on--
``(A) prevention;
``(B) bystander intervention;
``(C) reporting;
``(D) response; and
``(E) investigation;
``(6) the list required under section 3106(a)(2) and the log book
required under section 3106(a)(3);'';
(2) by redesignating subsections (b) and (c) as subsections (d) and
(e), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Procedures and Training Requirements.--In prescribing regulations for
the procedures and training requirements described in subsection (a)(5), such
procedures and requirements shall be consistent with the requirements to report
sexual harassment or sexual assault under section 10104.
``(c) Audits.--
``(1) Certificates.--
``(A) Suspension.--During an audit of a safety management
system of a vessel required under section 10104(e), the
Secretary may suspend the Safety Management Certificate issued
for the vessel under section 3205 and issue a separate Safety
Management Certificate for the vessel to be in effect for a 3-
month period beginning on the date of the issuance of such
separate certificate.
``(B) Revocation.--At the conclusion of an audit of a safety
management system required under section 10104(e), the Secretary
shall revoke the Safety Management Certificate issued for the
vessel under section 3205 if the Secretary determines--
``(i) that the holder of the Safety Management
Certificate knowingly, or repeatedly, failed to comply
with section 10104; or
``(ii) other failure of the safety management system
resulted in the failure to comply with such section.
``(2) Documents of compliance.--
``(A) In general.--Following an audit of the safety
management system of a vessel required under section 10104(e),
the Secretary may audit the safety management system of the
responsible person for the vessel.
``(B) Suspension.--During an audit under subparagraph (A),
the Secretary may suspend the Document of Compliance issued to
the responsible person under section 3205 and issue a separate
Document of Compliance to such person to be in effect for a 3-
month period beginning on the date of the issuance of such
separate document.
``(C) Revocation.--At the conclusion of an assessment or an
audit of a safety management system under subparagraph (A), the
Secretary shall revoke the Document of Compliance issued to the
responsible person if the Secretary determines--
``(i) that the holder of the Document of Compliance
knowingly, or repeatedly, failed to comply with section
10104; or
``(ii) that other failure of the safety management
system resulted in the failure to comply with such
section.''.
(b) Verification of Compliance.--Section 3205(c)(1) of title 46, United
States Code, is amended by inserting ``, or upon discovery from other sources of
information acquired by the Coast Guard, including a discovery made during an
audit or systematic review conducted under section 10104(e) of a failure of a
responsible person or vessel to comply with a requirement of a safety management
system for which a Safety Management Certificate and a Document of compliance
has been issued under this section, including a failure to comply with
regulations prescribed under section 3203(a)(7) and (8),'' after
``periodically''.
SEC. 11611. REPORTS TO CONGRESS.
(a) In General.--Chapter 101 of title 46, United States Code, is amended by
adding at the end the following:
``Sec. 10105. Reports to Congress
``(a) In General.--Not later than 1 year after the date of enactment of the
Don Young Coast Guard Authorization Act of 2022, and on an annual basis
thereafter, the Commandant shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that includes--
``(1) the number of reports received under section 10104;
``(2) the number of penalties issued under such section;
``(3) the number of open investigations under such section,
completed investigations under such section, and the outcomes of such
open or completed investigations;
``(4) the number of assessments or audits conducted under section
3203 and the outcome of those assessments or audits;
``(5) a statistical analysis of compliance with the safety
management system criteria under section 3203;
``(6) the number of credentials denied or revoked due to sexual
harassment, sexual assault, or related offenses; and
``(7) recommendations to support efforts of the Coast Guard to
improve investigations and oversight of sexual harassment and sexual
assault in the maritime sector, including funding requirements and
legislative change proposals necessary to ensure compliance with title
CXVI of the Don Young Coast Guard Authorization Act of 2022 and the
amendments made by such title.
``(b) Privacy.--In collecting the information required under subsection (a),
the Commandant shall collect such information in a manner that protects the
privacy rights of individuals who are subjects of such information.''.
(b) Clerical Amendment.--The analysis for chapter 101 of title 46, United
States Code, is amended by adding at the end the following:
``10105. Reports to Congress.''.
TITLE CXVII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A--National Oceanic and Atmospheric Administration Commissioned Officer
Corps
SEC. 11701. DEFINITIONS.
Section 212(b) of the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 (33 U.S.C. 3002(b)) is amended by adding
at the end the following:
``(8) Under secretary.--The term `Under Secretary' means the Under
Secretary of Commerce for Oceans and Atmosphere.''.
SEC. 11702. REQUIREMENT FOR APPOINTMENTS.
Section 221(c) of the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 (33 U.S.C. 3021(c)) is amended by
striking ``may not be given'' and inserting the following: ``may--
``(1) be given only to an individual who is a citizen of the United
States; and
``(2) not be given.''.
SEC. 11703. REPEAL OF REQUIREMENT TO PROMOTE ENSIGNS AFTER 3 YEARS OF SERVICE.
(a) In General.--Section 223 of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3023) is
amended to read as follows:
``SEC. 223. SEPARATION OF ENSIGNS FOUND NOT FULLY QUALIFIED.
``If an officer in the permanent grade of ensign is at any time found not
fully qualified, the officer's commission shall be revoked and the officer shall
be separated from the commissioned service.''.
(b) Clerical Amendment.--The table of contents in section 1 of the Act
entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of
1998, and for other purposes'' (Public Law 107-372) is amended by striking the
item relating to section 223 and inserting the following:
``Sec. 223. Separation of ensigns found not fully qualified.''.
SEC. 11704. AUTHORITY TO PROVIDE AWARDS AND DECORATIONS.
(a) In General.--Subtitle A of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3001 et seq.)
is amended by adding at the end the following:
``SEC. 220. AWARDS AND DECORATIONS.
``The Under Secretary may provide ribbons, medals, badges, trophies, and
similar devices to members of the commissioned officer corps of the
Administration and to members of other uniformed services for service and
achievement in support of the missions of the Administration.''.
(b) Clerical Amendment.--The table of contents in section 1 of the Act
entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of
1998, and for other purposes'' (Public Law 107-372) is amended by inserting
after the item relating to section 219 the following:
``Sec. 220. Awards and decorations.''.
SEC. 11705. RETIREMENT AND SEPARATION.
(a) Involuntary Retirement or Separation.--Section 241(a)(1) of the National
Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002
(33 U.S.C. 3041(a)(1)) is amended to read as follows:
``(1) an officer in the permanent grade of captain or commander
may--
``(A) except as provided by subparagraph (B), be transferred
to the retired list; or
``(B) if the officer is not qualified for retirement, be
separated from service; and''.
(b) Retirement for Age.--Section 243(a) of that Act (33 U.S.C. 3043(a)) is
amended by striking ``be retired'' and inserting ``be retired or separated (as
specified in section 1251(e) of title 10, United States Code)''.
(c) Retirement or Separation Based on Years of Creditable Service.--Section
261(a) of that Act (33 U.S.C. 3071(a)) is amended--
(1) by redesignating paragraphs (17) through (26) as paragraphs (18)
through (27), respectively; and
(2) by inserting after paragraph (16) the following:
``(17) Section 1251(e), relating to retirement or separation based
on years of creditable service.''.
SEC. 11706. IMPROVING PROFESSIONAL MARINER STAFFING.
(a) In General.--Subtitle E of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3071 et seq.)
is amended by adding at the end the following:
``SEC. 269B. SHORE LEAVE FOR PROFESSIONAL MARINERS.
``(a) In General.--The Under Secretary may prescribe regulations relating to
shore leave for professional mariners without regard to the requirements of
section 6305 of title 5, United States Code.
``(b) Requirements.--The regulations prescribed under subsection (a) shall--
``(1) require that a professional mariner serving aboard an ocean-
going vessel be granted a leave of absence of 4 days per pay period; and
``(2) provide that a professional mariner serving in a temporary
promotion position aboard a vessel may be paid the difference between
such mariner's temporary and permanent rates of pay for leave accrued
while serving in the temporary promotion position.
``(c) Professional Mariner Defined.--In this section, the term `professional
mariner' means an individual employed on a vessel of the Administration who has
the necessary expertise to serve in the engineering, deck, steward, electronic
technician, or survey department.''.
(b) Clerical Amendment.--The table of contents in section 1 of the Act
entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of
1998, and for other purposes'' (Public Law 107-372) is amended by inserting
after the item relating to section 269A the following:
``Sec. 269B. Shore leave for professional mariners.''.
SEC. 11707. LEGAL ASSISTANCE.
Section 1044(a)(3) of title 10, United States Code, is amended by inserting
``or the commissioned officer corps of the National Oceanic and Atmospheric
Administration'' after ``Public Health Service''.
SEC. 11708. ACQUISITION OF AIRCRAFT FOR AGENCY AIR, ATMOSPHERE, AND WEATHER
RECONNAISSANCE AND RESEARCH MISSION.
(a) Increased Fleet Capacity.--
(1) In general.--The Under Secretary of Commerce for Oceans and
Atmosphere shall acquire adequate aircraft platforms with the necessary
observation and modification requirements--
(A) to meet agency-wide air reconnaissance and research
mission requirements, particularly with respect to hurricanes
and tropical cyclones, and also for atmospheric chemistry,
climate, air quality for public health, full-season fire weather
research and operations, full-season atmospheric river air
reconnaissance observations, and other mission areas; and
(B) to ensure data and information collected by the aircraft
are made available to all users for research and operations
purposes.
(2) Contracts.--In carrying out paragraph (1), the Under Secretary
shall negotiate and enter into 1 or more contracts or other agreements,
to the extent practicable and necessary, with 1 or more governmental or
nongovernmental entities.
(b) Acquisition of Aircraft To Replace WP-3D Aircraft.--Subject to the
availability of appropriations, the Under Secretary may enter into a contract
for the acquisition of up to 6 aircraft to replace the WP-3D aircraft that
provides for--
(1) the first newly acquired aircraft to be fully operational before
the retirement of the last WP-3D aircraft operated by the National
Oceanic and Atmospheric Administration; and
(2) the second newly acquired aircraft to be fully operational not
later than 1 year after the first such aircraft is required to be fully
operational under subparagraph (A).
(c) Acquisition of Aircraft to Replace End of Life-cycle Aircraft.--Subject
to the availability of appropriations, the Under Secretary shall maintain the
ability of the National Oceanic and Atmospheric Administration to meet agency
air reconnaissance and research mission requirements by acquiring new aircraft
prior to the end of the service life of the aircraft being replaced with
sufficient lead time that the replacement aircraft is fully operation prior to
the retirement of the aircraft it is replacing.
(d) Authorization of Appropriations.--For fiscal year 2023, there is
authorized to be appropriated to the Under Secretary $800,000,000 for the
acquisition of aircraft under this section.
SEC. 11709. REPORT ON PROFESSIONAL MARINER STAFFING MODELS.
(a) In General.--Not later than 18 months after the date of the enactment of
this Act, the Comptroller General of the United States shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure and the Committee on Natural
Resources of the House of Representatives a report on staffing issues relating
to professional mariners within the Office of Marine and Aviation Operations of
the National Oceanic and Atmospheric Administration.
(b) Elements.--In conducting the report required under subsection (a), the
Comptroller General shall consider--
(1) the challenges the Office of Marine and Aviation Operations
faces in recruiting and retaining qualified professional mariners;
(2) workforce planning efforts to address such challenges; and
(3) other models or approaches that exist, or are under
consideration, to provide incentives for the retention of qualified
professional mariners.
(c) Professional Mariner Defined.--In this section, the term ``professional
mariner'' means an individual employed on a vessel of the National Oceanic and
Atmospheric Administration who has the necessary expertise to serve in the
engineering, deck, steward, or survey department.
Subtitle B--Other Matters
SEC. 11710. CONVEYANCE OF CERTAIN PROPERTY OF NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION IN JUNEAU, ALASKA.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the City and Borough of Juneau,
Alaska.
(2) Master plan.--The term ``Master Plan'' means the Juneau Small
Cruise Ship Infrastructure Master Plan released by the Docks and Harbors
Board and Port of Juneau for the City and dated March 2021.
(3) Property.--The term ``Property'' means the parcel of real
property consisting of approximately 2.4 acres, including tidelands,
owned by the United States and under administrative custody and control
of the National Oceanic and Atmospheric Administration and located at
250 Egan Drive, Juneau, Alaska, including any improvements thereon that
are not authorized or required by another provision of law to be
conveyed to a specific individual or entity.
(4) Secretary.--The term ``Secretary'' means the Secretary of
Commerce, acting through the Under Secretary of Commerce for Oceans and
Atmosphere and the Administrator of the National Oceanic and Atmospheric
Administration.
(b) Conveyance Authorized.--
(1) In general.--The Secretary may convey, at fair market value, all
right, title, and interest of the United States in and to the Property,
subject to the restrictions in subsections (b)(2) and (c) and the
requirements of this section.
(2) Restriction.--The Secretary may not take action under this
section until the Commandant notifies the Secretary in writing that the
Coast Guard does not have an interest in acquiring the property, or a
period of 180 calendar days expires following the date of enactment of
this section.
(3) Notification expiration.--If, the Secretary has not received
notification under paragraph (2) at the end of the 180 calendar day
period, the Secretary and the Commandant shall notify the Committee on
Transportation and Infrastructure and the Committee on Appropriations of
the House of Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the Senate in
writing that no notification has been received.
(4) Termination of authority.--The authority provided under
paragraph (1) shall terminate on the date that is 3 years after the date
of the enactment of this Act.
(c) Transfer of Property to Coast Guard.--
(1) In general.--If not later than 180 calendar days after the date
of enactment of this Act the Commandant notifies the Secretary that the
Coast Guard has an interest in the Property, the Secretary shall
transfer the Property to the Coast Guard.
(2) Transfer.--Any transfer performed pursuant to this subsection
shall--
(A) occur not later than 1 year of any written notification
required under paragraph (1);
(B) include within the transfer from the Department of
Commerce to the Coast Guard all legal obligations attached to
ownership or administrative control of the Property, interest
therein, or improvements thereto, including environmental
compliance and restoration liabilities and historical
preservation liabilities and responsibilities;
(C) be at no cost to the Department of Commerce, to include
all land survey costs;
(D) not affect or limit any remaining real property
interests held by the Department of Commerce on any real
property subject to such transfer; and
(E) be accompanied by a memorandum of agreement between the
Coast Guard and the Department of Commerce to require the
Commandant to allow--
(i) future access to, and use of, the Property,
including use of available pier space, to accommodate
the reasonable expectations of the Secretary for future
operational and logistical needs in southeast Alaska;
and
(ii) continued access to, and use of, existing
facilities on the Property, including a warehouse and
machine shop, unless the Commandant determines that the
Property on which the facilities are located is needed
to support polar operations, at which time the Coast
Guard shall provide the Department of Commerce access to
and use of comparable space in reasonable proximity to
the existing facilities.
(d) Right of First Refusal.--If the Coast Guard does not transfer the
Property under subsection (c), the City shall have the right of first refusal
with respect to the purchase, at fair market value, of the Property.
(e) Survey.--The exact acreage and legal description of the Property shall
be determined by a survey satisfactory to the Secretary.
(f) Condition; Quitclaim Deed.--If the Property is conveyed under subsection
(b)(1), the Property shall be conveyed--
(1) in an ``as is, where is'' condition; and
(2) via a quitclaim deed.
(g) Fair Market Value.--
(1) In general.--The fair market value of the Property shall be--
(A) determined by an appraisal that--
(i) is conducted by an independent appraiser
selected by the Secretary; and
(ii) meets the requirements of paragraph (2); and
(B) adjusted, at the Secretary's discretion, based on the
factors described in paragraph (3).
(2) Appraisal requirements.--An appraisal conducted under paragraph
(1)(A) shall be conducted in accordance with nationally recognized
appraisal standards, including the Uniform Standards of Professional
Appraisal Practice.
(3) Factors.--The factors described in this paragraph are--
(A) matters of equity and fairness;
(B) actions taken by the City regarding the Property, if the
City exercises the right of first refusal under subsection (d),
including--
(i) comprehensive waterfront planning, site
development, and other redevelopment activities
supported by the City in proximity to the Property in
furtherance of the Master Plan;
(ii) in-kind contributions made to facilitate and
support use of the Property by governmental agencies;
and
(iii) any maintenance expenses, capital improvement,
or emergency expenditures made necessary to ensure
public safety and access to and from the Property; and
(C) such other factors as the Secretary considers
appropriate.
(h) Costs of Conveyance.--If the City exercises the right of first refusal
under subsection (d), all reasonable and necessary costs, including real estate
transaction and environmental documentation costs, associated with the
conveyance of the Property to the City under this section may be shared
equitably by the Secretary and the City, as determined by the Secretary,
including with the City providing in-kind contributions for any or all of such
costs.
(i) Proceeds.--Any proceeds from a conveyance of the Property under
subsection (b)(1) shall--
(1) be credited as discretionary offsetting collections to the
applicable appropriations accounts or funds of the National Oceanic and
Atmospheric Administration that exists as of the date of enactment of
this Act; and
(2) be used to cover costs associated with the conveyance of the
Property, related relocation efforts, and other facility and
infrastructure projects in Alaska and shall be made available for such
purposes only to the extent and in the amounts provided in advance in
appropriations Acts.
(j) Memorandum of Agreement.--If the City exercises the right of first
refusal under subsection (d), before finalizing a conveyance to the City under
this section, the Secretary and the City shall enter into a memorandum of
agreement to establish the terms under which the Secretary shall have future
access to, and use of, the Property to accommodate the reasonable expectations
of the Secretary for future operational and logistical needs in southeast
Alaska.
(k) Reservation or Easement for Access and Use.--The conveyance authorized
under subsection (b)(1) shall be subject to a reservation providing, or an
easement granting, the Secretary, at no cost to the United States, a right to
access and use the Property that--
(1) is compatible with the Master Plan; and
(2) authorizes future operational access and use by other Federal,
State, and local government agencies that have customarily used the
Property.
(l) Liability.--In the event that the Property is conveyed to the City of
Juneau the following shall apply:
(1) After conveyance.--An individual or entity to which a conveyance
is made under this section shall hold the United States harmless from
any liability with respect to activities carried out on or after the
date and time of the conveyance of the Property.
(2) Before conveyance.--The United States shall remain responsible
for any liability the United States incurred with respect to activities
carried out by the United States on the Property before the date and
time of the conveyance of the Property.
(m) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with a conveyance under this
section as the Secretary considers appropriate and reasonable to protect the
interests of the United States.
(n) Environmental Compliance.--Nothing in this section shall be construed to
affect or limit the application of or obligation to comply with any applicable
environmental law, including--
(1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.); or
(2) section 120(h) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
(o) Conveyance Not a Major Federal Action.--A conveyance under this section
shall not be considered a major Federal action for purposes of section 102(2) of
the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
TITLE CXVIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
SEC. 11801. TERMS AND VACANCIES.
(a) In General.--Section 46101(b) of title 46, United States Code, is
amended by--
(1) in paragraph (2)--
(A) by striking ``one year'' and inserting ``2 years''; and
(B) by striking ``2 terms'' and inserting ``3 terms''; and
(2) in paragraph (3)--
(A) by striking ``of the individual being succeeded'' and
inserting ``to which such individual is appointed'';
(B) by striking ``2 terms'' and inserting ``3 terms''; and
(C) by striking ``the predecessor of that'' and inserting
``such''.
(b) Applicability.--The amendments made by this section shall not apply to
Commissioners to whom section 403(b) of the Howard Coble Coast Guard and
Maritime Transportation Act of 2014 (Public Law 113-281) applies.
SEC. 11802. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS.
Section 3507(k)(1) of title 46, United States Code, is amended--
(1) in subparagraph (A) by striking ``at least 250'' and inserting
``250 or more''; and
(2) by striking subparagraph (B) and inserting the following:
``(B) has overnight accommodations for 250 or more
passengers; and''.
SEC. 11803. TECHNICAL CORRECTIONS.
(a) Section 319(b) of title 14, United States Code, is amended by striking
``section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101
note)'' and inserting ``section 44801 of title 49''.
(b) Section 1156(c) of title 14, United States Code, is amended by striking
``section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101
note)'' and inserting ``section 44801 of title 49''.
SEC. 11804. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL TECHNICAL
AMENDMENTS.
(a) In General.--Section 70105 of title 46, United States Code, is amended--
(1) in the section heading by striking ``security cards'' and
inserting ``worker identification credentials'';
(2) by striking ``transportation security card'' each place it
appears and inserting ``transportation worker identification
credential'';
(3) by striking ``transportation security cards'' each place it
appears and inserting ``transportation worker identification
credentials'';
(4) by striking ``card'' each place it appears and inserting
``credential'';
(5) in the heading for subsection (b) by striking ``Cards'' and
inserting ``Credentials'';
(6) in subsection (g) by striking ``Assistant Secretary of Homeland
Security for'' and inserting ``Administrator of'';
(7) by striking subsection (i) and redesignating subsections (j) and
(k) as subsections (i) and (j), respectively;
(8) by striking subsection (l) and redesignating subsections (m)
through (q) as subsections (k) through (o), respectively;
(9) in subsection (j), as so redesignated--
(A) in the subsection heading by striking ``Security Card''
and inserting ``Worker Identification Credential''; and
(B) in the heading for paragraph (2) by striking ``security
cards'' and inserting ``worker identification credential'';
(10) in subsection (k)(1), as so redesignated, by striking
``subsection (k)(3)'' and inserting ``subsection (j)(3)'';
(11) by striking paragraph (4) of subsection (k), as so
redesignated; and
(12) in subsection (o), as so redesignated--
(A) in the subsection heading by striking ``Security Card''
and inserting ``Worker Identification Credential'';
(B) in paragraph (1)--
(i) by striking ``subsection (k)(3)'' and inserting
``subsection (j)(3)''; and
(ii) by striking ``This plan shall'' and inserting
``Such receipt and activation shall''; and
(C) in paragraph (2) by striking ``on-site activation
capability'' and inserting ``on-site receipt and activation of
transportation worker identification credentials''.
(b) Clerical Amendment.--The analysis for chapter 701 of title 46, United
States Code, is amended by striking the item related to section 70105 and
inserting the following:
``70105. Transportation worker identification credentials.''.
(c) Limitation on Implementation.--The Secretary may not implement the rule
entitled ``Transportation Worker Identification Credential (TWIC)-Reader
Requirements'' (81 Fed. Reg. 57651) for covered facilities before May 8, 2026.
(d) Covered Facilities Defined.--In this section, the term ``covered
facilities'' means--
(1) facilities that handle Certain Dangerous Cargoes in bulk and
transfer such cargoes from or to a vessel;
(2) facilities that handle Certain Dangerous Cargoes in bulk, but do
not transfer it from or to a vessel; and
(3) facilities that receive vessels carrying Certain Dangerous
Cargoes in bulk but, during the vessel-to-facility interface, do not
transfer it from or to the vessel.
SEC. 11805. REINSTATEMENT.
(a) Reinstatement.--The text of section 12(a) of the Act of June 21, 1940
(33 U.S.C. 522(a)), popularly known as the ``Truman-Hobbs Act'', is--
(1) reinstated as it appeared on the day before the date of the
enactment of section 8507(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134
Stat. 4754); and
(2) redesignated as the sole text of section 12 of the Act of June
21, 1940 (33 U.S.C. 522).
(b) Effective Date.--The provision reinstated under subsection (a) shall be
treated as if such section 8507(b) had never taken effect.
(c) Conforming Amendment.--The provision reinstated under subsection (a) is
amended by striking ``, except to the extent provided in this section''.
SEC. 11806. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying with the
Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the
latest statement titled ``Budgetary Effects of PAYGO Legislation for this Act'',
submitted for printing in the Congressional Record by the Chairman of the House
Budget Committee, provided that such statement has been submitted prior to the
vote on passage.
SEC. 11807. TECHNICAL AMENDMENT.
(a) In General.--Section 6304 of title 46, United States Code, is amended--
(1) by striking ``subpena'' and inserting ``subpoena'' each place it
appears; and
(2) in subsection (d) by striking ``subpenas'' and inserting
``subpoenas''.
(b) Clerical Amendment.--The analysis for chapter 63 of title 46, United
States Code, is amended by striking the item relating to section 6304 and
inserting the following:
``6304. Subpoena authority.''.
SEC. 11808. LIGHTHOUSE SERVICE AMENDMENTS.
(a) Repeals.--The following provisions are repealed:
(1) Sections 1, 2, and 3 of the Act of March 6, 1896 (33 U.S.C.
474).
(2) Section 4 of the Act of June 17, 1910 (33 U.S.C. 711; 721).
(3) The first sentence of section 2 of the Act of July 27, 1912 (33
U.S.C. 712).
(4) Section 10 of the Act of June 17, 1910 (33 U.S.C. 713).
(5) Section 6 of the Act of June 17, 1910 (33 U.S.C. 714).
(6) Section 5 of the Act of June 17, 1910 (33 U.S.C. 715).
(7) Section 4679 of the Revised Statutes.
(8) Section 4 of the Act of May 14, 1908 (33 U.S.C. 737).
(9) The first sentence of the sixteenth paragraph of the section
entitled ``Coast Guard'' under the heading ``Treasury Department'' of
the Act of June 5, 1920 (33 U.S.C. 738).
(10) Section 7 of the Act of June 20, 1918 (33 U.S.C. 744).
(11) Section 2 of the Act of May 13, 1938 (33 U.S.C. 748a).
(12) The Act of June 15, 1938 (33 U.S.C. 752b).
(13) The last proviso of the second paragraph of the section
entitled ``Lighthouse Service'' under the heading ``Department of
Commerce'' of the Act of November 4, 1918 (33 U.S.C. 763).
(14) Section 7 of the Act of June 6, 1940 (33 U.S.C. 763a-2).
(15) The last paragraph of the section entitled ``Lighthouse
Service'' under the heading ``Department of Commerce'' of the Act of
March 4, 1921 (33 U.S.C. 764).
(16) Sections 1 and 2 of the Act of March 4, 1925 (33 U.S.C. 765;
766).
(17) Section 5 of the Act of August 19, 1950 (33 U.S.C. 775).
(18) Subchapter III of chapter 25 of title 14, United States Code,
and the items relating to such subchapter in the analysis for chapter 25
of such title.
(b) Operation of Repeals.--The repeals under paragraphs (5) and (6) of
subsection (a) shall not affect the operation of section 103 of title 14, United
States Code.
(c) Transfer.--Chapter 313 of the Act of September 15, 1922 is transferred
to appear at the end of subchapter III of chapter 5 of title 14, United States
Code, redesignated as section 548 of such title, and amended--
(1) by striking ``That hereafter the Commissioner of Lighthouses''
and insert ``The Commandant of the Coast Guard''; and
(2) by striking ``Lighthouse Service'' and inserting ``Coast
Guard''.
Attest:
Clerk.